HB2676 EngrossedLRB101 07105 JRG 52142 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Section 4 and by adding Sections 13.5 and 13.10 as
6follows:
 
7    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Board" means the Board of Dentistry.
22    "Dentist" means a person who has received a general license
23pursuant to paragraph (a) of Section 11 of this Act and who may

 

 

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1perform any intraoral and extraoral procedure required in the
2practice of dentistry and to whom is reserved the
3responsibilities specified in Section 17.
4    "Dental hygienist" means a person who holds a license under
5this Act to perform dental services as authorized by Section
618.
7    "Dental assistant" means an appropriately trained person
8who, under the supervision of a dentist, provides dental
9services as authorized by Section 17.
10    "Expanded function dental assistant" means a dental
11assistant who has completed the training required by Section
1217.1 of this Act.
13    "Dental laboratory" means a person, firm or corporation
14which:
15        (i) engages in making, providing, repairing or
16    altering dental prosthetic appliances and other artificial
17    materials and devices which are returned to a dentist for
18    insertion into the human oral cavity or which come in
19    contact with its adjacent structures and tissues; and
20        (ii) utilizes or employs a dental technician to provide
21    such services; and
22        (iii) performs such functions only for a dentist or
23    dentists.
24    "Supervision" means supervision of a dental hygienist or a
25dental assistant requiring that a dentist authorize the
26procedure, remain in the dental facility while the procedure is

 

 

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1performed, and approve the work performed by the dental
2hygienist or dental assistant before dismissal of the patient,
3but does not mean that the dentist must be present at all times
4in the treatment room.
5    "General supervision" means supervision of a dental
6hygienist requiring that the patient be a patient of record,
7that the dentist examine the patient in accordance with Section
818 prior to treatment by the dental hygienist, and that the
9dentist authorize the procedures which are being carried out by
10a notation in the patient's record, but not requiring that a
11dentist be present when the authorized procedures are being
12performed. The issuance of a prescription to a dental
13laboratory by a dentist does not constitute general
14supervision.
15    "Public member" means a person who is not a health
16professional. For purposes of board membership, any person with
17a significant financial interest in a health service or
18profession is not a public member.
19    "Dentistry" means the healing art which is concerned with
20the examination, diagnosis, treatment planning and care of
21conditions within the human oral cavity and its adjacent
22tissues and structures, as further specified in Section 17.
23    "Branches of dentistry" means the various specialties of
24dentistry which, for purposes of this Act, shall be limited to
25the following: endodontics, oral and maxillofacial surgery,
26orthodontics and dentofacial orthopedics, pediatric dentistry,

 

 

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1periodontics, prosthodontics, and oral and maxillofacial
2radiology.
3    "Specialist" means a dentist who has received a specialty
4license pursuant to Section 11(b).
5    "Dental technician" means a person who owns, operates or is
6employed by a dental laboratory and engages in making,
7providing, repairing or altering dental prosthetic appliances
8and other artificial materials and devices which are returned
9to a dentist for insertion into the human oral cavity or which
10come in contact with its adjacent structures and tissues.
11    "Impaired dentist" or "impaired dental hygienist" means a
12dentist or dental hygienist who is unable to practice with
13reasonable skill and safety because of a physical or mental
14disability as evidenced by a written determination or written
15consent based on clinical evidence, including deterioration
16through the aging process, loss of motor skills, abuse of drugs
17or alcohol, or a psychiatric disorder, of sufficient degree to
18diminish the person's ability to deliver competent patient
19care.
20    "Nurse" means a registered professional nurse, a certified
21registered nurse anesthetist licensed as an advanced practice
22registered nurse, or a licensed practical nurse licensed under
23the Nurse Practice Act.
24    "Patient of record" means a patient for whom the patient's
25most recent dentist has obtained a relevant medical and dental
26history and on whom the dentist has performed an examination

 

 

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1and evaluated the condition to be treated.
2    "Dental responder" means a dentist or dental hygienist who
3is appropriately certified in disaster preparedness,
4immunizations, and dental humanitarian medical response
5consistent with the Society of Disaster Medicine and Public
6Health and training certified by the National Incident
7Management System or the National Disaster Life Support
8Foundation.
9    "Mobile dental van or portable dental unit" means any
10self-contained or portable dental unit in which dentistry is
11practiced that can be moved, towed, or transported from one
12location to another in order to establish a location where
13dental services can be provided.
14    "Public health dental hygienist" means a hygienist who
15holds a valid license to practice in the State, has 2 years of
16full-time clinical experience or an equivalent of 4,000 hours
17of clinical experience and has completed at least 42 clock
18hours of additional structured courses in dental education
19approved by rule by the Department in advanced areas specific
20to public health dentistry, including, but not limited to,
21emergency procedures for medically compromised patients,
22pharmacology, medical recordkeeping procedures, geriatric
23dentistry, pediatric dentistry, pathology, and other areas of
24study as determined by the Department, and works in a public
25health setting pursuant to a written public health supervision
26agreement as defined by rule by the Department with a dentist

 

 

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1working in or contracted with a local or State government
2agency or institution or who is providing services as part of a
3certified school-based program or school-based oral health
4program.
5    "Public health setting" means a federally qualified health
6center; a federal, State, or local public health facility; Head
7Start; a special supplemental nutrition program for Women,
8Infants, and Children (WIC) facility; or a certified
9school-based health center or school-based oral health
10program.
11    "Public health supervision" means the supervision of a
12public health dental hygienist by a licensed dentist who has a
13written public health supervision agreement with that public
14health dental hygienist while working in an approved facility
15or program that allows the public health dental hygienist to
16treat patients, without a dentist first examining the patient
17and being present in the facility during treatment, (1) who are
18eligible for Medicaid or (2) who are uninsured and whose
19household income is not greater than 200% of the federal
20poverty level.
21(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
2299-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff.
231-1-18; 100-863, eff. 8-14-18.)
 
24    (225 ILCS 25/13.5 new)
25    Sec. 13.5. Training programs for public health dental

 

 

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1hygienists.
2    (a) With respect to the requirement that a public health
3dental hygienist have additional structured courses in dental
4education in advanced areas specific to public health
5dentistry, education in advanced areas specific to public
6health dentistry must include emergency procedures for
7medically compromised patients (5 hours), pharmacology (5
8hours), medical recordkeeping procedures (4 hours), geriatric
9dentistry (5 hours), pediatric dentistry (5 hours), and
10pathology (5 hours) provided by:
11        (1) an educational institution accredited by the
12    Commission on Dental Accreditation, such as a dental school
13    or dental hygiene program; or
14        (2) a statewide dental association or dental hygiene
15    association, approved by the Department to provide
16    continuing education, that has developed and conducted
17    training programs for expanded functions for dental
18    assistants and hygienists.
19    (b) Training programs for a public health dental hygienist
20must:
21        (1) include a minimum 29 hours of didactic study as
22    described in subsection (a), which may be taken in an
23    online structured format and in compliance with the
24    continued learning education requirements of 68 Illinois
25    Administrative Code 1220.440;
26        (2) require completion of 5 hours of didactic courses

 

 

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1    in the following topic areas: special needs dentistry,
2    teledentistry, nutritional needs of geriatric and low
3    income patients, communication techniques with non-English
4    speaking patients, cultural competency, and professional
5    ethics;
6        (3) require completion of an 8 hour in-person classroom
7    review that includes a comprehension exam on the subjects
8    required in subsection (a) and submit certification of
9    successful completion to the supervising dentist; and
10        (4) issue a certificate of completion of the training
11    program requirement, which must be kept on file at the
12    supervising dentist's office and with the public health
13    dental hygienist which will be made available to the
14    Department upon request.
 
15    (225 ILCS 25/13.10 new)
16    Sec. 13.10. Public health dental hygienist supervision
17agreement. After completion of the requirements of Section
1813.5, a public health dental hygienist may operate in a public
19health setting that meets the requirements of Section 18.1 with
20a dentist who is working in or has contracted with a local or
21State government agency or institution or who is providing
22services as part of a certified school-based program or
23school-based oral health program.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.