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who may perform any intraoral and extraoral procedure required |
in the practice of dentistry and to whom is reserved the |
responsibilities specified in Section 17. |
"Dental hygienist" means a person who holds a license |
under this Act to perform dental services as authorized by |
Section 18. |
"Dental assistant" means an appropriately trained person |
who, under the supervision of a dentist, provides dental |
services as authorized by Section 17. |
"Expanded function dental assistant" means a dental |
assistant who has completed the training required by Section |
17.1 of this Act. |
"Dental laboratory" means a person, firm, or corporation |
which: |
(i) engages in making, providing, repairing, or |
altering dental prosthetic appliances and other artificial |
materials and devices which are returned to a dentist for |
insertion into the human oral cavity or which come in |
contact with its adjacent structures and tissues; and |
(ii) utilizes or employs a dental technician to |
provide such services; and |
(iii) performs such functions only for a dentist or |
dentists. |
"Supervision" means supervision of a dental hygienist or a |
dental assistant requiring that a dentist authorize the |
procedure, remain in the dental facility while the procedure |
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is performed, and approve the work performed by the dental |
hygienist or dental assistant before dismissal of the patient, |
but does not mean that the dentist must be present at all times |
in the treatment room. |
"General supervision" means supervision of a dental |
hygienist requiring that the patient be a patient of record, |
that the dentist examine the patient in accordance with |
Section 18 prior to treatment by the dental hygienist, and |
that the dentist authorize the procedures which are being |
carried out by a notation in the patient's record, but not |
requiring that a dentist be present when the authorized |
procedures are being performed. The issuance of a prescription |
to a dental laboratory by a dentist does not constitute |
general supervision. |
"Public member" means a person who is not a health |
professional. For purposes of board membership, any person |
with a significant financial interest in a health service or |
profession is not a public member. |
"Dentistry" means the healing art which is concerned with |
the examination, diagnosis, treatment planning, and care of |
conditions within the human oral cavity and its adjacent |
tissues and structures, as further specified in Section 17. |
"Branches of dentistry" means the various specialties of |
dentistry which, for purposes of this Act, shall be limited to |
the following: endodontics, oral and maxillofacial surgery, |
orthodontics and dentofacial orthopedics, pediatric dentistry, |
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periodontics, prosthodontics, oral and maxillofacial |
radiology, and dental anesthesiology. |
"Specialist" means a dentist who has received a specialty |
license pursuant to Section 11(b). |
"Dental technician" means a person who owns, operates, or |
is employed by a dental laboratory and engages in making, |
providing, repairing, or altering dental prosthetic appliances |
and other artificial materials and devices which are returned |
to a dentist for insertion into the human oral cavity or which |
come in contact with its adjacent structures and tissues. |
"Informed consent" means legally valid consent that is |
given by a patient or legal guardian, that is recorded in |
writing or digitally, that authorizes intervention or |
treatment services from the treating dentist, and that |
documents agreement to participate in those services and |
knowledge of the risks, benefits, and alternatives, including |
the decision to withdraw from or decline treatment. |
"Impaired dentist" or "impaired dental hygienist" means a |
dentist or dental hygienist who is unable to practice with |
reasonable skill and safety because of a physical or mental |
disability as evidenced by a written determination or written |
consent based on clinical evidence, including deterioration |
through the aging process, loss of motor skills, abuse of |
drugs or alcohol, or a psychiatric disorder, of sufficient |
degree to diminish the person's ability to deliver competent |
patient care. |
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"Nurse" means a registered professional nurse, a certified |
registered nurse anesthetist licensed as an advanced practice |
registered nurse, or a licensed practical nurse licensed under |
the Nurse Practice Act. |
"Patient of record", except as provided in Section 17.2, |
means a patient for whom the patient's most recent dentist has |
obtained a relevant medical and dental history and on whom the |
dentist has performed a physical an examination within the |
last year and evaluated the condition to be treated, including |
a review of the patient's most recent x-rays. |
"Dental responder" means a dentist or dental hygienist who |
is appropriately certified in disaster preparedness, |
immunizations, and dental humanitarian medical response |
consistent with the Society of Disaster Medicine and Public |
Health and training certified by the National Incident |
Management System or the National Disaster Life Support |
Foundation. |
"Mobile dental van or portable dental unit" means any |
self-contained or portable dental unit in which dentistry is |
practiced that can be moved, towed, or transported from one |
location to another in order to establish a location where |
dental services can be provided. |
"Public health dental hygienist" means a hygienist who |
holds a valid license to practice in the State, has 2 years of |
full-time clinical experience or an equivalent of 4,000 hours |
of clinical experience, and has completed at least 42 clock |
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hours of additional structured courses in dental education in |
advanced areas specific to public health dentistry. |
"Public health setting" means a federally qualified health |
center; a federal, State, or local public health facility; |
Head Start; a special supplemental nutrition program for |
Women, Infants, and Children (WIC) facility; a certified |
school-based health center or school-based oral health |
program; a prison; or a long-term care facility. |
"Public health supervision" means the supervision of a |
public health dental hygienist by a licensed dentist who has a |
written public health supervision agreement with that public |
health dental hygienist while working in an approved facility |
or program that allows the public health dental hygienist to |
treat patients, without a dentist first examining the patient |
and being present in the facility during treatment, (1) who |
are eligible for Medicaid or (2) who are uninsured or whose |
household income is not greater than 300% of the federal |
poverty level. |
"Teledentistry" means the use of telehealth systems and |
methodologies in dentistry and includes patient diagnosis, |
treatment planning, care, and education delivery for a patient |
of record using synchronous and asynchronous communications |
under an Illinois licensed a dentist's authority as provided |
under this Act. |
(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; |
102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. |
|
1-1-24; revised 12-15-23.)
|
(225 ILCS 25/17.2 new) |
Sec. 17.2. Teledentistry. |
(a) As used in this Section, "patient of record" means a |
patient for whom the patient's most recent Illinois-licensed |
dentist has obtained a relevant medical and dental history and |
on whom the dentist has (i) performed a physical examination |
within the last year; (ii) obtained relevant records that are |
appropriate for the type of teledentistry service being |
provided from an in-person examination within the previous 12 |
months, including a review of the patient's most recent |
x-rays; or (iii) established a relationship with the patient |
through an exchange of protected health information for the |
purpose of providing emergency care, treatment, or services in |
accordance with subsection (c). |
(b) A dentist may only practice or utilize teledentistry |
on a patient of record. A dentist practicing dentistry through |
teledentistry is subject to the same standard of care and |
practice standards that are applicable to dental services |
provided in a clinic or office setting. A dentist may provide |
and delegate dental services using teledentistry only under |
the supervision requirements as specified in this Act for |
in-person care. Prior to providing teledentistry services to a |
patient, a dentist must obtain informed consent from the |
patient as to the treatment proposed to be offered through |
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teledentistry by the dentist. A dentist providing |
teledentistry under this Section shall provide the patient |
with the his or her name, direct telephone number, and |
physical practice address. It is a violation of this Act for a |
provider of dental services rendering care through |
teledentistry to require a patient to sign an agreement that |
limits in any way the patient's ability to write a review of |
services received or file a complaint with the Department or |
other regulatory agency. The Department shall adopt rules to |
provide for the use of teledentistry in the State of Illinois. |
(c) A dentist may treat a patient of record to provide |
emergent care or conduct an initial consultation using |
teledentistry for the purpose of treating or assessing for |
acute pain, infection, injury, or any intraoral or perioral |
condition that presents immediate harm or discomfort to the |
patient for which treatment cannot be postponed. A provider of |
dental services rendering emergent care or conducting an |
initial consultation through teledentistry must direct the |
patient to receive appropriate in-person care after the |
provision of teledentistry services.
|
(225 ILCS 25/18.1) |
(Section scheduled to be repealed on January 1, 2026) |
Sec. 18.1. Public health dental supervision |
responsibilities. |
(a) When working together in a public health supervision |
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relationship, dentists and public health dental hygienists |
shall enter into a public health supervision agreement. The |
dentist providing public health supervision must: |
(1) be available to provide an appropriate level of |
contact, communication, collaboration, and consultation |
with the public health dental hygienist and must meet |
in-person with the public health dental hygienist at least |
quarterly for review and consultation; |
(2) have specific standing orders or policy guidelines |
for procedures that are to be carried out for each |
location or program, although the dentist need not be |
present when the procedures are being performed; |
(3) provide for the patient's additional necessary |
care in consultation with the public health dental |
hygienist; |
(4) file agreements and notifications as required; and |
(5) include procedures for creating and maintaining |
dental records, including protocols for transmission of |
all records between the public health dental hygienist and |
the dentist following each treatment, which shall include |
a notation regarding procedures authorized by the dentist |
and performed by the public health dental hygienist and |
the location where those records are to be kept. |
Each dentist and hygienist who enters into a public health |
supervision agreement must document and maintain a copy of any |
change or termination of that agreement. |
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Dental records shall be owned and maintained by the |
supervising dentist for all patients treated under public |
health supervision, unless the supervising dentist is an |
employee of a public health clinic or federally qualified |
health center, in which case the public health clinic or |
federally qualified health center shall maintain the records. |
If a dentist ceases to be employed or contracted by the |
facility, the dentist shall notify the facility administrator |
that the public health supervision agreement is no longer in |
effect. A new public health supervision agreement is required |
for the public health dental hygienist to continue treating |
patients under public health supervision. |
A dentist entering into an agreement under this Section |
may supervise and enter into agreements for public health |
supervision with 4 public health dental hygienists. This shall |
be in addition to the limit of 4 dental hygienists per dentist |
set forth in subsection (g) of Section 18 of this Act. |
(b) A public health dental hygienist providing services |
under public health supervision may perform only those duties |
within the accepted scope of practice of dental hygiene, as |
follows: |
(1) the operative procedures of dental hygiene, |
consisting of oral prophylactic procedures, including |
prophylactic cleanings, application of fluoride, and |
placement of sealants; |
(2) the exposure and processing of x-ray films of the |
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teeth and surrounding structures; and |
(3) such other procedures and acts as shall be |
prescribed by rule of the Department. |
Any patient treated under this subsection (b) must be |
examined by a dentist before additional services can be |
provided by a public health dental hygienist. However, if the |
supervising dentist, after consultation with the public health |
hygienist, determines that time is needed to complete an |
approved treatment plan on a patient eligible under this |
Section, then the dentist may instruct the hygienist to |
complete the remaining services prior to an oral examination |
by the dentist. Such instruction by the dentist to the |
hygienist shall be noted in the patient's records. Any |
services performed under this exception must be scheduled in a |
timely manner and shall not occur more than 30 days after the |
first appointment date. |
(c) A public health dental hygienist providing services |
under public health supervision must: |
(1) provide to the patient, parent, or guardian a |
written plan for referral or an agreement for follow-up |
that records all conditions observed that should be called |
to the attention of a dentist for proper diagnosis; |
(2) have each patient sign a permission slip or |
consent form that informs them that the service to be |
received does not take the place of regular dental |
checkups at a dental office and is meant for people who |
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otherwise would not have access to the service; |
(3) inform each patient who may require further dental |
services of that need; |
(4) maintain an appropriate level of contact and |
communication with the dentist providing public health |
supervision; and |
(5) complete an additional 4 hours of continuing |
education in areas specific to public health dentistry |
yearly. |
(d) Each public health dental hygienist who has rendered |
services under subsections (c), (d), and (e) of this Section |
must complete a summary report at the completion of a program |
or, in the case of an ongoing program, at least annually. The |
report must be completed in the manner specified by the |
Department of Public Health Oral Health Section including |
information about each location where the public health dental |
hygienist has rendered these services. The public health |
dental hygienist must submit the form to the dentist providing |
supervision for his or her signature before sending it to the |
Division. The Department of Public Health Oral Health Section |
shall compile and publicize public health dental hygienist |
service data annually. |
(e) Public health dental hygienists providing services |
under public health supervision may be compensated for their |
work by salary, honoraria, and other mechanisms by the |
employing or sponsoring entity. Nothing in this Act shall |
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preclude the entity that employs or sponsors a public health |
dental hygienist from seeking payment, reimbursement, or other |
source of funding for the services provided. |
(e-5) A patient who is provided services under a |
supervision agreement by a public health dental hygienist as |
described in this Section does not need to receive a physical |
examination from a dentist prior to treatment if the public |
health dental hygienist consults with the supervising dentist |
prior to performing the teledentistry service. |
(f) This Section is repealed on January 1, 2026. |
(Source: P.A. 103-431, eff. 1-1-24.)
|
(225 ILCS 25/23) (from Ch. 111, par. 2323) |
(Section scheduled to be repealed on January 1, 2026) |
Sec. 23. Refusal, revocation or suspension of dental |
licenses. The Department may refuse to issue or renew, or may |
revoke, suspend, place on probation, reprimand or take other |
disciplinary or non-disciplinary action as the Department may |
deem proper, including imposing fines not to exceed $10,000 |
per violation, with regard to any license for any one or any |
combination of the following causes: |
1. Fraud or misrepresentation in applying for or |
procuring a license under this Act, or in connection with |
applying for renewal of a license under this Act. |
2. Inability to practice with reasonable judgment, |
skill, or safety as a result of habitual or excessive use |
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or addiction to alcohol, narcotics, stimulants, or any |
other chemical agent or drug. |
3. Willful or repeated violations of the rules of the |
Department of Public Health or Department of Nuclear |
Safety. |
4. Acceptance of a fee for service as a witness, |
without the knowledge of the court, in addition to the fee |
allowed by the court. |
5. Division of fees or agreeing to split or divide the |
fees received for dental services with any person for |
bringing or referring a patient, except in regard to |
referral services as provided for under Section 45, or |
assisting in the care or treatment of a patient, without |
the knowledge of the patient or his or her legal |
representative. Nothing in this item 5 affects any bona |
fide independent contractor or employment arrangements |
among health care professionals, health facilities, health |
care providers, or other entities, except as otherwise |
prohibited by law. Any employment arrangements may include |
provisions for compensation, health insurance, pension, or |
other employment benefits for the provision of services |
within the scope of the licensee's practice under this |
Act. Nothing in this item 5 shall be construed to require |
an employment arrangement to receive professional fees for |
services rendered. |
6. Employing, procuring, inducing, aiding or abetting |
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a person not licensed or registered as a dentist or dental |
hygienist to engage in the practice of dentistry or dental |
hygiene. The person practiced upon is not an accomplice, |
employer, procurer, inducer, aider, or abetter within the |
meaning of this Act. |
7. Making any misrepresentations or false promises, |
directly or indirectly, to influence, persuade or induce |
dental patronage. |
8. Professional connection or association with or |
lending his or her name to another for the illegal |
practice of dentistry by another, or professional |
connection or association with any person, firm or |
corporation holding himself, herself, themselves, or |
itself out in any manner contrary to this Act. |
9. Obtaining or seeking to obtain practice, money, or |
any other things of value by false or fraudulent |
representations, but not limited to, engaging in such |
fraudulent practice to defraud the medical assistance |
program of the Department of Healthcare and Family |
Services (formerly Department of Public Aid) under the |
Illinois Public Aid Code. |
10. Practicing under a false or, except as provided by |
law, an assumed name. |
11. Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud, or harm the public. |
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12. Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or by |
sentencing for any crime, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation, under |
the laws of any jurisdiction of the United States that (i) |
is a felony under the laws of this State or (ii) is a |
misdemeanor, an essential element of which is dishonesty, |
or that is directly related to the practice of dentistry. |
13. Permitting a dental hygienist, dental assistant or |
other person under his or her supervision to perform any |
operation not authorized by this Act. |
14. Permitting more than 4 dental hygienists to be |
employed under his or her supervision at any one time. |
15. A violation of any provision of this Act or any |
rules promulgated under this Act. |
16. Taking impressions for or using the services of |
any person, firm or corporation violating this Act. |
17. Violating any provision of Section 45 relating to |
advertising. |
18. Discipline by another U.S. jurisdiction or foreign |
nation, if at least one of the grounds for the discipline |
is the same or substantially equivalent to those set forth |
within this Act. |
19. Willfully failing to report an instance of |
suspected child abuse or neglect as required by the Abused |
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and Neglected Child Reporting Act. |
20. Gross negligence in practice under this Act. |
21. The use or prescription for use of narcotics or |
controlled substances or designated products as listed in |
the Illinois Controlled Substances Act, in any way other |
than for therapeutic purposes. |
22. Willfully making or filing false records or |
reports in his or her practice as a dentist, including, |
but not limited to, false records to support claims |
against the dental assistance program of the Department of |
Healthcare and Family Services (formerly Illinois |
Department of Public Aid). |
23. Professional incompetence as manifested by poor |
standards of care. |
24. Physical or mental illness, including, but not |
limited to, deterioration through the aging process, or |
loss of motor skills which results in a dentist's |
inability to practice dentistry with reasonable judgment, |
skill or safety. In enforcing this paragraph, the |
Department may compel a person licensed to practice under |
this Act to submit to a mental or physical examination |
pursuant to the terms and conditions of Section 23b. |
25. Gross or repeated irregularities in billing for |
services rendered to a patient. For purposes of this |
paragraph 25, "irregularities in billing" shall include: |
(a) Reporting excessive charges for the purpose of |
|
obtaining a total payment in excess of that usually |
received by the dentist for the services rendered. |
(b) Reporting charges for services not rendered. |
(c) Incorrectly reporting services rendered for |
the purpose of obtaining payment not earned. |
26. Continuing the active practice of dentistry while |
knowingly having any infectious, communicable, or |
contagious disease proscribed by rule or regulation of the |
Department. |
27. Being named as a perpetrator in an indicated |
report by the Department of Children and Family Services |
pursuant to the Abused and Neglected Child Reporting Act, |
and upon proof by clear and convincing evidence that the |
licensee has caused a child to be an abused child or |
neglected child as defined in the Abused and Neglected |
Child Reporting Act. |
28. Violating the Health Care Worker Self-Referral |
Act. |
29. Abandonment of a patient. |
30. Mental incompetency as declared by a court of |
competent jurisdiction. |
31. A finding by the Department that the licensee, |
after having his or her license placed on probationary |
status, has violated the terms of probation. |
32. Material misstatement in furnishing information to |
the Department. |
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33. Failing, within 60 days, to provide information in |
response to a written request by the Department in the |
course of an investigation. |
34. Immoral conduct in the commission of any act, |
including, but not limited to, commission of an act of |
sexual misconduct related to the licensee's practice. |
35. Cheating on or attempting to subvert the licensing |
examination administered under this Act. |
36. A pattern of practice or other behavior that |
demonstrates incapacity or incompetence to practice under |
this Act. |
37. Failure to establish and maintain records of |
patient care and treatment as required under this Act. |
38. Failure to provide copies of dental records as |
required by law. |
39. Failure of a licensed dentist who owns or is |
employed at a dental office to give notice of an office |
closure to his or her patients at least 30 days prior to |
the office closure pursuant to Section 50.1. |
40. Failure to maintain a sanitary work environment. |
41. Failure to comply with the provisions of Section |
17.2 of this Act. |
All proceedings to suspend, revoke, place on probationary |
status, or take any other disciplinary action as the |
Department may deem proper, with regard to a license on any of |
the foregoing grounds, must be commenced within 5 years after |
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receipt by the Department of a complaint alleging the |
commission of or notice of the conviction order for any of the |
acts described herein. Except for fraud in procuring a |
license, no action shall be commenced more than 7 years after |
the date of the incident or act alleged to have violated this |
Section. The time during which the holder of the license was |
outside the State of Illinois shall not be included within any |
period of time limiting the commencement of disciplinary |
action by the Department. |
All fines imposed under this Section shall be paid within |
60 days after the effective date of the order imposing the fine |
or in accordance with the terms set forth in the order imposing |
the fine. |
The Department may refuse to issue or may suspend the |
license of any person who fails to file a return, or to pay the |
tax, penalty or interest shown in a filed return, or to pay any |
final assessment of tax, penalty or interest, as required by |
any tax Act administered by the Illinois Department of |
Revenue, until such time as the requirements of any such tax |
Act are satisfied. |
Any dentist who has had his or her license suspended or |
revoked for more than 5 years must comply with the |
requirements for restoration set forth in Section 16 prior to |
being eligible for reinstatement from the suspension or |
revocation. |
(Source: P.A. 103-425, eff. 1-1-24.)
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