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Public Act 093-0821 |
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AN ACT concerning professional regulation.
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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 | ||||
changing
Sections 4, 6, and 18 as follows:
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(225 ILCS 25/4)
(from Ch. 111, par. 2304)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 4. Definitions. As used in this Act:
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(a) "Department" means the Illinois Department of | ||||
Professional Regulation.
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(b) "Director" means the Director of Professional | ||||
Regulation.
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(c) "Board" means the Board of Dentistry established by | ||||
Section 6 of this
Act.
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(d) "Dentist" means a person who has received a general | ||||
license pursuant
to paragraph (a) of Section 11 of this Act and | ||||
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.
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(e) "Dental hygienist" means a person who holds a license | ||||
under this Act to
perform dental services as authorized by | ||||
Section 18.
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(f) "Dental assistant" means an appropriately trained | ||||
person
who, under the supervision of a dentist, provides dental | ||||
services
as authorized by Section 17.
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(g) "Dental laboratory" means a person, firm or corporation | ||||
which:
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(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
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(ii) utilizes or employs a dental technician to provide | ||
such services; and
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(iii) performs such functions only for a dentist or | ||
dentists.
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(h) "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 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.
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(i) "General supervision" means supervision of a dental | ||
hygienist
requiring that the patient be a patient of record,
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that the dentist
examine the patient in accordance with Section | ||
18 prior to treatment by the
dental hygienist, and that the
a
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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 authorized procedures may also be
performed at a | ||
place other than the dentist's usual place of practice. The
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issuance of a prescription to a dental laboratory by a
dentist | ||
does not constitute general supervision.
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(j) "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.
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(k) "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.
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(l) "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, and oral and maxillofacial
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radiology.
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(m) "Specialist" means a dentist who has received a | ||
specialty license
pursuant to Section 11(b).
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(n) "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.
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(o) "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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(p) "Nurse" means a registered professional nurse, a | ||
certified registered
nurse anesthetist licensed as an advanced | ||
practice
nurse, or a licensed practical nurse licensed under | ||
the Nursing and
Advanced Practice Nursing Act.
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(q) "Patient of record" 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 an
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examination and evaluated the condition to be treated.
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(Source: P.A. 91-138, eff. 1-1-00; 91-689, eff. 1-1-01; 92-280, | ||
eff. 1-1-02;
92-651, eff. 7-11-02.)
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(225 ILCS 25/6)
(from Ch. 111, par. 2306)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 6. Board of Dentistry - Report By Majority Required. | ||
There
is created a Board of Dentistry, to be composed of | ||
persons designated from
time to time by the Director, as | ||
follows:
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Eleven persons, 8 of whom have been dentists for a period | ||
of 5
years or
more; 2 of whom have been dental hygienists
for a |
period of 5 years or more, and one public member.
None of the | ||
members shall be an officer, dean, assistant dean, or associate
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dean of a
dental college or dental department of an institute | ||
of learning, nor shall any
member be
the program director of | ||
any dental hygiene program. A board member who holds a
faculty | ||
position in a dental school or dental hygiene program shall not
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participate in the
examination of applicants for licenses from | ||
that school or program.
None of the
members shall be employed | ||
by or be an officer of any dental college, or
dental or dental | ||
hygiene department of any institution of learning. The
dental
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hygienists shall not participate in the examination of
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applicants for licenses
to practice dentistry. The public | ||
member shall not participate in the
examination of applicants | ||
for licenses to
practice dentistry or dental
hygiene. The board | ||
shall annually elect a chairman who shall be a dentist.
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Terms for all members shall be for 4 years. Partial terms | ||
over 2 years
in length shall be considered as full terms. A | ||
member may be reappointed
for a successive term, but no member | ||
shall serve more than 2 full terms in
his or her lifetime.
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The membership of the Board shall include only residents | ||
from various
geographic areas of this State and shall include | ||
at least some graduates
from various institutions of dental | ||
education in this State.
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In making appointments to the Board the Director shall give | ||
due
consideration to recommendations by organizations of the | ||
dental profession
in Illinois, including the Illinois State | ||
Dental Society and Illinois
Dental Hygienists Association, and | ||
shall promptly give due notice to
such organizations of any | ||
vacancy in the membership of the Board.
The Director may | ||
terminate the appointment of any member for cause which in
the | ||
opinion of the Director reasonably justifies such termination.
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A vacancy in the membership of the Board
shall not impair | ||
the right of a quorum to exercise all the rights
and perform | ||
all the duties of the Board.
Any action to be taken by the | ||
Board under this Act may be authorized
by resolution at any | ||
regular or special meeting, and each such resolution
shall take |
effect immediately. The Board shall meet at least quarterly.
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The Board may adopt all rules and regulations necessary and | ||
incident
to its powers and duties under this Act.
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The members of the Board shall each receive as compensation | ||
a reasonable
sum as determined by the Director for each day | ||
actually engaged in the
duties of the office, and all | ||
legitimate and necessary expense incurred in
attending the | ||
meetings of the Board.
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Members of the Board shall be immune from suit in any | ||
action based
upon any disciplinary proceedings or other | ||
activities performed in good
faith as members of the Board.
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(Source: P.A. 91-594, eff. 1-1-00.)
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(225 ILCS 25/18)
(from Ch. 111, par. 2318)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 18. Acts constituting the practice of dental hygiene ; .
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limitations.
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(a) A person practices dental hygiene within the meaning of | ||
this Act when
he or she performs the following acts under the | ||
supervision of a dentist:
A dental hygienist
may be employed or | ||
engaged only:
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(a) Under the supervision of a dentist:
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(1) In the office of a dentist;
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(2) By a federal, State, county or municipal agency | ||
or institution;
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(3) By a public or private school; or
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(4) By a public clinic operating under the | ||
direction of a hospital or
federal, State, county, | ||
municipal or other public agency or
institution.
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When employed or engaged pursuant to this paragraph (a) a | ||
dental
hygienist may perform the following procedures and acts:
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(i) the operative procedure of dental hygiene, | ||
consisting of oral
prophylactic procedures;
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(ii) the exposure and processing of X-Ray films of | ||
the teeth and
surrounding structures;
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(iii) the application to the surfaces of the teeth |
or gums of chemical
compounds designed to be | ||
desensitizing agents or effective agents in the
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prevention of dental caries or periodontal disease;
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(iv) all services which may be performed by a
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dental assistant as specified by rule pursuant to | ||
Section 17;
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(v) administration and monitoring of nitrous oxide | ||
upon successful
completion of a
training program | ||
approved by the Department;
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(vi) administration of local anesthetics upon | ||
successful completion of
a
training program approved | ||
by the Department; and
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(vii) such other procedures and acts as shall be | ||
prescribed
by
rule or regulation of the Department.
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(b) A dental hygienist may be employed or engaged only:
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(1) by a dentist;
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(2) by a federal, State, county, or municipal agency or | ||
institution;
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(3) by a public or private school; or
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(4) by a public clinic operating under the direction of | ||
a hospital or
federal,
State, county, municipal, or other | ||
public agency or institution.
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(c) When employed or engaged in the office of a dentist, a | ||
dental hygienist
may
perform, under general supervision, those | ||
procedures found in items (i) through
(iv) of
subsection (a) of | ||
this Section, provided the patient has been examined by the
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dentist
within one year of the provision of dental hygiene | ||
services, the dentist has
approved the
dental hygiene services | ||
by a notation in the patient's record and the patient
has been
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notified that the dentist may be out of the office during the | ||
provision of
dental hygiene
services.
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(d) If a patient of record is unable to travel to a dental | ||
office because of
illness,
infirmity, or
imprisonment, a dental | ||
hygienist may perform, under the general supervision of
a | ||
dentist,
those procedures found in items (i) through (iv) of | ||
subsection (a) of this
Section,
provided the patient is located |
in a long-term care facility licensed by the
State of Illinois,
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a mental health or developmental disability facility, or a | ||
State or federal
prison.
(b) Under the general supervision of a | ||
dentist in a long-term care
facility
licensed by the State of | ||
Illinois, or a mental health or developmental
disability | ||
facility operated by the Department of Human Services, if the
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patient is unable
to travel to a dental office because of | ||
illness or infirmity. The dentist
shall personally examine and | ||
diagnose the patient and determine which
services are necessary | ||
to be performed, which shall be contained in an
a
written order | ||
to the hygienist and a notation in the patient's record .
Such | ||
order must be implemented within 120 days
of its issuance, and | ||
an updated medical history and observation of oral
conditions
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oral inspection
must be performed by the hygienist immediately | ||
prior to beginning the
procedures to ensure that the patient's | ||
health has not changed in any
manner to warrant a reexamination | ||
by the dentist.
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(e) School-based oral health care,
consisting of and | ||
limited to oral prophylactic
procedures, sealants, and | ||
fluoride treatments,
may be provided by a dental hygienist
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under the general supervision of a dentist. A dental hygienist | ||
may not provide
other dental hygiene treatment in a | ||
school-based setting, including but not
limited to | ||
administration or monitoring of nitrous oxide or | ||
administration of
local anesthetics. The school-based | ||
procedures may be performed provided the
patient is located at | ||
a public or private school and the program is being
conducted | ||
by a State, county or local public health department initiative | ||
or in
conjunction with a dental school or dental hygiene | ||
program.
The dentist shall personally examine and diagnose the | ||
patient and
determine
which services are necessary to be | ||
performed, which shall be contained in an
order to the
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hygienist and a notation in the patient's record. Any such | ||
order for sealants must be implemented within 120 days after | ||
its issuance. Any such order for oral prophylactic procedures | ||
or fluoride treatments must be implemented within 180 days |
after its issuance. An updated medical history and observation | ||
of
oral conditions
must be
performed by the hygienist | ||
immediately prior to beginning the procedures to
ensure that
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the patient's health has not changed in any manner to warrant a | ||
reexamination
by the
dentist.
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(f)
(c) Without the supervision of a dentist, a dental | ||
hygienist
may perform
dental health education functions and may | ||
record case histories and oral
conditions observed.
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(g) The number of dental hygienists practicing in a dental | ||
office shall
not
exceed, at any one time, 4 times the number of | ||
dentists practicing in the
office at the time.
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(Source: P.A. 93-113, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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