Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0936


 

Public Act 0936 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0936
 
HB4501 EnrolledLRB102 22484 SPS 31624 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Dental Practice Act is amended by
changing Sections 4, 17, 17.1, and 18 as follows:
 
    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 4. Definitions. As used in this Act:
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
    "Department" means the Department of Financial and
Professional Regulation.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
    "Board" means the Board of Dentistry.
    "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.
    "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
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,
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.
    "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.
    "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" 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 examination
and evaluated the condition to be treated.
    "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
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; or 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 and whose
household income is not greater than 200% of the federal
poverty level.
    "Teledentistry" means the use of telehealth systems and
methodologies in dentistry and includes patient care and
education delivery using synchronous and asynchronous
communications under a dentist's authority as provided under
this Act.
(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
102-93, eff. 1-1-22; 102-588, eff. 8-20-21.)
 
    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 17. Acts constituting the practice of dentistry. A
person practices dentistry, within the meaning of this Act:
        (1) Who represents himself or herself 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
        (2) Who is a manager, proprietor, operator or
    conductor of a business where dental operations are
    performed; or
        (3) Who performs dental operations of any kind; or
        (4) Who uses an X-Ray machine or X-Ray films for
    dental diagnostic purposes; or
        (5) Who extracts a human tooth or teeth, or corrects
    or attempts to correct malpositions of the human teeth or
    jaws; or
        (6) Who offers or undertakes, by any means or method,
    to diagnose, treat or remove stains, calculus, and bonding
    materials from human teeth or jaws; or
        (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
        (8) Who takes material or digital scans for final
    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, a denture or other
    appliance; or
        (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
        (10) Who instructs students on clinical matters or
    performs any clinical operation included in the curricula
    of recognized dental schools and colleges; or
        (11) Who takes material or digital scans for final
    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 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.
    The following practices, acts, and operations, however,
are exempt from the operation of this Act:
        (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 or she 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
        (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
    Administration; or
        (c) The practice of dentistry by students in their
    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
        (d) The practice of dentistry by clinical instructors
    in the course of their teaching duties in dental schools
    or colleges approved by the Department:
            (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
            (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
        (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
        (f) The use of X-Ray machines for exposing X-Ray films
    of dental or oral tissues by dental hygienists or dental
    assistants; or
        (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. In
    addition, after being authorized by a dentist, a dental
    assistant may, for the purpose of eliminating pain or
    discomfort, remove loose, broken, or irritating
    orthodontic appliances on a patient of record.
        For purposes of this paragraph (g), "dental service"
    is 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:
            (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.
            (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 and placing, packing, and finishing
        composite restorations by dental assistants who have
        had additional formal education and certification.
            A dental assistant may place, carve, and finish
        amalgam restorations, place, pack, and finish
        composite restorations, and place interim restorations
        if he or she (A) has successfully completed a
        structured training program as described in item (2)
        of subsection (g) provided by an educational
        institution accredited by the Commission on Dental
        Accreditation, such as a dental school or dental
        hygiene or dental assistant program, or (B) has at
        least 4,000 hours of direct clinical patient care
        experience and has successfully completed a structured
        training program as described in item (2) of
        subsection (g) provided by a statewide dental
        association, approved by the Department to provide
        continuing education, that has developed and conducted
        training programs for expanded functions for dental
        assistants or hygienists. The training program must:
        (i) include a minimum of 16 hours of didactic study and
        14 hours of clinical manikin instruction; all training
        programs shall include areas of study in nomenclature,
        caries classifications, oral anatomy, periodontium,
        basic occlusion, instrumentations, pulp protection
        liners and bases, dental materials, matrix and wedge
        techniques, amalgam placement and carving, rubber dam
        clamp placement, and rubber dam placement and removal;
        (ii) include an outcome assessment examination that
        demonstrates competency; (iii) require the supervising
        dentist to observe and approve the completion of 8
        amalgam or composite restorations; and (iv) issue a
        certificate of completion of the training program,
        which must be kept on file at the dental office and be
        made available to the Department upon request. A
        dental assistant must have successfully completed an
        approved coronal polishing and dental sealant course
        prior to taking the amalgam and composite restoration
        course.
            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 or for placing, packing, and finishing
        composite restorations.
            (3) Any and all correction of malformation of
        teeth or of the jaws.
            (4) Administration of anesthetics, except for
        monitoring of nitrous oxide, conscious sedation, deep
        sedation, and general anesthetic as provided in
        Section 8.1 of this Act, that may be performed only
        after successful completion of a training 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.
            (5) Removal of calculus from human teeth.
            (6) Taking of material or digital scans for final
        impressions for the fabrication of prosthetic
        appliances, crowns, bridges, inlays, onlays, or other
        restorative or replacement dentistry.
            (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
        the Department. Dental assistants may perform coronal
        polishing under the following circumstances: (i) the
        coronal polishing shall be limited to polishing the
        clinical crown of the tooth and existing restorations,
        supragingivally; (ii) the dental assistant performing
        the coronal polishing shall be limited to the use of
        rotary instruments using a rubber cup or brush
        polishing method (air polishing is not permitted); and
        (iii) the supervising dentist shall not supervise more
        than 4 dental assistants at any one time for the task
        of coronal polishing or pit and fissure sealants.
            In addition to coronal polishing and pit and
        fissure sealants as described in this item (7), a
        dental assistant who has at least 2,000 hours of
        direct clinical patient care experience and who has
        successfully completed a structured training program
        provided by (1) an educational institution including,
        but not limited to, such as a dental school or dental
        hygiene or dental assistant program, or (2) a
        continuing education provider approved by the
        Department, or (3) by a statewide dental or dental
        hygienist association, approved by the Department on
        or before January 1, 2017 (the effective date of
        Public Act 99-680), that has developed and conducted a
        training program for expanded functions for dental
        assistants or hygienists may perform: (A) coronal
        scaling above the gum line, supragingivally, on the
        clinical crown of the tooth only on patients 17 12
        years of age or younger who have an absence of
        periodontal disease and who are not medically
        compromised or individuals with special needs and (B)
        intracoronal temporization of a tooth. The training
        program must: (I) include a minimum of 32 16 hours of
        instruction in both didactic and clinical manikin or
        human subject instruction; all training programs shall
        include areas of study in dental anatomy, public
        health dentistry, medical history, dental emergencies,
        and managing the pediatric patient; (II) include an
        outcome assessment examination that demonstrates
        competency; (III) require the supervising dentist to
        observe and approve the completion of 6 full mouth
        supragingival scaling procedures unless the training
        was received as part of a Commission on Dental
        Accreditation approved dental assistant program; and
        (IV) issue a certificate of completion of the training
        program, which must be kept on file at the dental
        office and be made available to the Department upon
        request. A dental assistant must have successfully
        completed an approved coronal polishing course prior
        to taking the coronal scaling course. A dental
        assistant performing these functions shall be limited
        to the use of hand instruments only. In addition,
        coronal scaling as described in this paragraph shall
        only be utilized on patients who are eligible for
        Medicaid, or who are uninsured, or and whose household
        income is not greater than 300% 200% of the federal
        poverty level. A dentist may not supervise more than 2
        dental assistants at any one time for the task of
        coronal scaling. This paragraph is inoperative on and
        after January 1, 2026.
        The limitations on the number of dental assistants a
    dentist may supervise contained in items (2), (4), and (7)
    of this paragraph (g) mean a limit of 4 total dental
    assistants or dental hygienists doing expanded functions
    covered by these Sections being supervised by one dentist;
    or
        (h) The practice of dentistry by an individual who:
            (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
        passage of the examination specified in subsection (e)
        of Section 9 of this Act; or
            (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
            (iii) has been accepted or appointed for specialty
        or residency training by a hospital situated in this
        State; or
            (iv) has been accepted or appointed for specialty
        training in an approved dental program situated in
        this State; or
            (v) has been accepted or appointed for specialty
        training in a dental public health agency situated in
        this State.
        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.
        The applicant shall only be entitled to perform such
    acts as may be prescribed by and incidental to his or her
    program of residency or specialty training and shall not
    otherwise engage in the practice of dentistry in this
    State.
        The authority to practice shall terminate immediately
    upon:
            (1) the decision of the Department that the
        applicant has failed the examination; or
            (2) denial of licensure by the Department; or
            (3) withdrawal of the application.
(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21.)
 
    (225 ILCS 25/17.1)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 17.1. Expanded function dental assistants.
    (a) A dental assistant who has completed training as
provided in subsection (b) of this Section in all of the
following areas may hold himself or herself out as an expanded
function dental assistant:
        (1) Taking material or digital scans for final
    impressions after completing a training program that
    includes either didactic objectives or clinical skills and
    functions that demonstrate competency.
        (2) Performing pulp vitality test after completing a
    training program that includes either didactic objectives
    or clinical skills and functions that demonstrate
    competency.
        (3) Placing, carving, and finishing of amalgam
    restorations and placing, packing, and finishing composite
    restorations as allowed under Section 17.
        (3.5) Coronal scaling as allowed under Section 17.
        (4) Starting the flow of oxygen and monitoring of
    nitrous oxide-oxygen analgesia as allowed under Section
    17.
        (5) Coronal polishing and pit and fissure sealants as
    allowed under Section 17.
        (6) Intracoronal temporization of a tooth.
    All procedures listed in paragraphs (1) through (6) (5)
for dental assistants must be performed under the supervision
of a dentist, requiring the dentist authorizes the procedure,
remains in the dental facility while the procedure is
performed, and approves the work performed by the dental
assistant before dismissal of the patient, but the dentist is
not required to be present at all times in the treatment room.
    After the completion of training as provided in subsection
(b) of this Section, an expanded function dental assistant may
perform any of the services listed in this subsection (a)
pursuant to the limitations of this Act.
    (b) Certification and training as an expanded function
dental assistant must be obtained from one of the following
sources: (i) an approved continuing education sponsor; (ii) a
dental assistant training program approved by the Commission
on Dental Accreditation of the American Dental Association; or
(iii) a training program approved by the Department.
    Training required under this subsection (b) must also
include Basic Life Support certification, as described in
Section 16 of this Act. Proof of current certification shall
be kept on file with the supervising dentist.
    (c) Any procedures listed in subsection (a) that are
performed by an expanded function dental assistant must be
approved by the supervising dentist and examined prior to
dismissal of the patient. The supervising dentist shall be
responsible for all dental services or procedures performed by
the dental assistant.
    (d) Nothing in this Section shall be construed to alter
the number of dental assistants that a dentist may supervise
under paragraph (g) of Section 17 of this Act.
    (e) Nothing in this Act shall: (1) require a dental
assistant to be certified as an expanded function dental
assistant or (2) prevent a dentist from training dental
assistants in accordance with the provisions of Section 17 or
17.1 of this Act or rules pertaining to dental assistant
duties.
(Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19;
101-162, eff. 7-26-19.)
 
    (225 ILCS 25/18)   (from Ch. 111, par. 2318)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 18. Acts constituting the practice of dental hygiene;
limitations.
    (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:
        (i) the operative procedure of dental hygiene,
    consisting of oral prophylactic procedures;
        (ii) the exposure and processing of X-Ray films of the
    teeth and surrounding structures;
        (iii) the application to the surfaces of the teeth or
    gums of chemical compounds designed to be desensitizing
    agents or effective agents in the prevention of dental
    caries or periodontal disease;
        (iv) all services which may be performed by a dental
    assistant as specified by rule pursuant to Section 17, and
    a dental hygienist may engage in the placing, carving, and
    finishing of amalgam restorations only after obtaining
    formal education and certification as determined by the
    Department;
        (v) administration and monitoring of nitrous oxide
    upon successful completion of a training program approved
    by the Department;
        (vi) administration of local anesthetics upon
    successful completion of a training program approved by
    the Department; and
        (vii) such other procedures and acts as shall be
    prescribed by rule or regulation of the Department.
    (b) A dental hygienist may be employed or engaged only:
        (1) by a dentist;
        (2) by a federal, State, county, or municipal agency
    or institution;
        (3) by a public or private school; or
        (4) by a public clinic operating under the direction
    of a hospital or federal, State, county, municipal, or
    other public agency or institution.
    (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
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
notified that the dentist may be out of the office during the
provision of dental hygiene services.
    (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, a mental health or developmental disability
facility, or a State or federal prison. The dentist shall
either personally examine and diagnose the patient or utilize
approved teledentistry communication methods and determine
which services are necessary to be performed, which shall be
contained in an order to the hygienist and a notation in the
patient's record. Such order must be implemented within 45 120
days of its issuance, and an updated medical history and
observation of oral conditions 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.
    (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
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 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 the patient's health has not changed in any manner
to warrant a reexamination by the dentist.
    (f) Without the supervision of a dentist, a dental
hygienist may perform dental health education functions,
including instruction in proper oral health care and dental
hygiene in either a school setting or long-term care facility.
In addition, a dental hygienist may record care histories and
oral conditions observed at any time prior to a clinical exam
by a dentist and may record case histories and oral conditions
observed.
    (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.
    (h) A dental hygienist who is certified as a public health
dental hygienist may provide services to patients: (1) who are
eligible for Medicaid or (2) who are uninsured and whose
household income is not greater than 300% 200% of the federal
poverty level. A public health dental hygienist may perform
oral assessments, perform screenings, and provide educational
and preventative services as provided in subsection (b) of
Section 18.1 of this Act. The public health dental hygienist
may not administer local anesthesia or nitrous oxide, or
place, carve, or finish amalgam restorations or provide
periodontal therapy under this exception. Each patient must
sign a consent form that acknowledges that the care received
does not take the place of a regular dental examination. The
public health dental hygienist must provide the patient or
guardian a written referral to a dentist for assessment of the
need for further dental care at the time of treatment. Any
indication or observation of a condition that could warrant
the need for urgent attention must be reported immediately to
the supervising dentist for appropriate assessment and
treatment.
    This subsection (h) is inoperative on and after January 1,
2026.
    (i) A dental hygienist performing procedures listed in
paragraphs (1) through (4) of subsection (a) of Section 17.1
must be under the supervision of a dentist, requiring the
dentist authorizes the procedure, remains in the dental
facility while the procedure is performed, and approves the
work performed by the dental hygienist before dismissal of the
patient, but the dentist is not required to be present at all
times in the treatment room.
    (j) A dental hygienist may perform actions described in
paragraph (5) of subsection (a) of Section 17.1 under the
general supervision of a dentist as described in this Section.
(Source: P.A. 100-976, eff. 1-1-19; 101-162, eff. 7-26-19.)

Effective Date: 1/1/2023