| ![](/images/1ptrans.gif) |
Public Act 103-0902 Public Act 0902 103RD GENERAL ASSEMBLY | Public Act 103-0902 | SB2586 Enrolled | LRB103 32717 SPS 62470 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changing Sections 4, 18.1, and 23 and by adding Section 17.2 as | follows: | (225 ILCS 25/4) | (Section scheduled to be repealed on January 1, 2026) | Sec. 4.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. | "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. |
| "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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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. |
| 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 |
| 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 .) |
| Section 10. The Consumer Fraud and Deceptive Business | Practices Act is amended by adding Section 2EEEE as follows: | (815 ILCS 505/2EEEE new) | Sec. 2EEEE. Violations concerning teledentistry under the | Illinois Dental Practice Act. Any person who violates Section | 17.2 of the Illinois Dental Practice Act commits an unlawful | practice within the meaning of this Act. | Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/9/2024
|
|
|