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Public Act 097-0886
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| SB2941 Enrolled | LRB097 15511 CEL 60634 b |
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AN ACT concerning 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 Section 17 as follows:
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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(Section scheduled to be repealed on January 1, 2016)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 |
person
practices dentistry, within the meaning of this Act:
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(1) Who represents himself as being able to diagnose or |
diagnoses,
treats, prescribes, or operates for any |
disease, pain, deformity, deficiency,
injury, or physical |
condition of the human tooth, teeth, alveolar process,
gums |
or jaw; or
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(2) Who is a manager, proprietor, operator or conductor |
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 |
diagnostic purposes; or
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(5) Who extracts a human tooth or teeth, or corrects or |
attempts to
correct
malpositions of the human teeth or |
jaws; or
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(6) Who offers or undertakes, by any means or method, |
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to diagnose, treat
or remove stains, calculus, and bonding |
materials from human teeth or jaws; or
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(7) Who uses or administers local or general |
anesthetics in the treatment
of dental or oral diseases or |
in any preparation incident to a dental operation
of any |
kind or character; or
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(8) Who takes impressions of the human tooth, teeth, or |
jaws or performs
any phase of any operation incident to the |
replacement of a part of a tooth,
a tooth, teeth or |
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, |
reproduce or repair, or
who furnishes, supplies, |
constructs, reproduces or repairs, prosthetic
dentures, |
bridges or other substitutes for natural teeth, to the user |
or
prospective user thereof; or
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(10) Who instructs students on clinical matters or |
performs any clinical
operation included in the curricula |
of recognized dental schools and colleges; or
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(11) Who takes impressions of human teeth or places his |
or her hands in the mouth of any person for the purpose of |
applying teeth whitening materials, or who takes |
impressions of human teeth or places his or her hands in |
the mouth of any person for the purpose of assisting in the |
application of teeth whitening materials. A person does not |
practice dentistry when he or she discloses to the consumer |
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that he or she is not licensed as a dentist under this Act |
and (i) discusses the use of teeth whitening materials with |
a consumer purchasing these materials; (ii) provides |
instruction on the use of teeth whitening materials with a |
consumer purchasing these materials; or (iii) provides |
appropriate equipment on-site to the consumer for the |
consumer to self-apply teeth whitening materials. |
The fact that any person engages in or performs, or offers |
to engage in
or perform, any of the practices, acts, or |
operations set forth in this
Section, shall be prima facie |
evidence that such person is engaged in the
practice of |
dentistry.
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The following practices, acts, and operations, however, |
are exempt from
the operation of this Act:
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(a) The rendering of dental relief in emergency cases |
in the practice
of his or her profession by a physician or |
surgeon, licensed as such
under the laws of this State, |
unless he undertakes to reproduce or reproduces
lost parts |
of the human teeth in the mouth or to restore or replace |
lost
or missing teeth in the mouth; or
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(b) The practice of dentistry in the discharge of their |
official duties
by dentists in any branch of the Armed |
Services of the United States, the
United States Public |
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 |
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course of study
in dental schools or colleges approved by |
the Department, when acting under the
direction and |
supervision of dentists acting as instructors; or
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(d) The practice of dentistry by clinical instructors |
in the course of
their teaching duties in dental schools or |
colleges approved by the
Department:
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(i) when acting under the direction and |
supervision of dentists,
provided that such clinical |
instructors have instructed continuously in
this State |
since January 1, 1986; or
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(ii) when holding the rank of full professor at |
such approved dental
school or college and possessing a |
current valid license or authorization
to practice |
dentistry in another country; or
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(e) The practice of dentistry by licensed dentists of |
other states or
countries at meetings of the Illinois State |
Dental Society or component
parts thereof, alumni meetings |
of dental colleges, or any other like dental
organizations, |
while appearing as clinicians; or
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(f) The use of X-Ray machines for exposing X-Ray films |
of dental or oral
tissues by dental hygienists or dental |
assistants; or
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(g) The performance of any dental service by a dental |
assistant, if such
service is performed under the |
supervision and full responsibility of a
dentist.
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For purposes of this paragraph (g), "dental service" is |
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defined to mean
any intraoral procedure or act which shall |
be prescribed by rule or
regulation of the Department. |
Dental service, however, shall not include:
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(1) Any and all diagnosis of or prescription for |
treatment of disease,
pain, deformity, deficiency, |
injury or physical condition of the human teeth
or |
jaws, or adjacent structures.
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(2) Removal of, or restoration of, or addition
to |
the hard or soft tissues of the oral cavity, except for |
the placing, carving, and finishing of amalgam |
restorations by dental assistants who have had |
additional formal education and certification as |
determined by the Department. A dentist utilizing |
dental assistants shall not supervise more than 4 |
dental assistants at any one time for placing, carving, |
and finishing of amalgam restorations.
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(3) Any and all correction of malformation of teeth |
or of the jaws.
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(4) Administration of anesthetics, except for |
application of topical
anesthetics and monitoring of |
nitrous oxide. Monitoring of
nitrous oxide may be |
performed after successful completion of a training
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program approved by the Department. A dentist |
utilizing dental assistants shall not supervise more |
than 4 dental assistants at any one time for the |
monitoring of nitrous oxide.
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(5) Removal of calculus from human teeth.
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(6) Taking of impressions for the fabrication of |
prosthetic
appliances,
crowns,
bridges, inlays, |
onlays, or other restorative or replacement
dentistry.
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(7) The operative procedure of dental hygiene |
consisting of oral
prophylactic procedures, except for |
coronal polishing and pit and fissure sealants,
which |
may be
performed by a
dental assistant who has |
successfully completed a training program approved by
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the Department. Dental assistants may perform coronal |
polishing under the
following circumstances: (i) the |
coronal polishing shall be limited to
polishing the
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clinical crown of the tooth and existing restorations, |
supragingivally; (ii)
the
dental assistant performing |
the coronal polishing shall be limited to the use
of
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rotary instruments using a rubber cup or brush |
polishing method (air polishing
is
not permitted); and |
(iii) the supervising dentist shall not supervise more
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than 4
dental assistants at any one time for the task |
of coronal polishing or pit and fissure sealants.
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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 |
form and substance
satisfactory to the Department, for |
a general dental license and has
complied with all |
provisions of Section 9 of this Act, except for the
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passage of the examination specified in subsection |
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(e), of Section 9, of this
Act; or
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(ii) has applied in writing to the Department, in |
form and substance
satisfactory to the Department, for |
a temporary dental license and has
complied with all |
provisions of subsection (c), of Section 11, of this |
Act; and
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(iii) has been accepted or appointed for specialty |
or residency training
by a hospital situated in this |
State; or
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(iv) has been accepted or appointed for specialty |
training in an
approved dental program situated in this |
State; or
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(v) has been accepted or appointed for specialty |
training in a dental
public health agency situated in |
this State.
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The applicant shall be permitted to practice dentistry |
for a period of 3
months from the starting date of the |
program, unless authorized in writing
by the Department to |
continue such practice for a period specified in
writing by |
the Department.
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The applicant shall only be entitled to perform such |
acts as may be
prescribed by and incidental to their |
program of residency or specialty
training and shall not |
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 |