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Full Text of SB2941  97th General Assembly

SB2941enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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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 17 as follows:
 
6    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 17. Acts Constituting the Practice of Dentistry. A
9person practices dentistry, within the meaning of this Act:
10        (1) Who represents himself as being able to diagnose or
11    diagnoses, treats, prescribes, or operates for any
12    disease, pain, deformity, deficiency, injury, or physical
13    condition of the human tooth, teeth, alveolar process, gums
14    or jaw; or
15        (2) Who is a manager, proprietor, operator or conductor
16    of a business where dental operations are performed; or
17        (3) Who performs dental operations of any kind; or
18        (4) Who uses an X-Ray machine or X-Ray films for dental
19    diagnostic purposes; or
20        (5) Who extracts a human tooth or teeth, or corrects or
21    attempts to correct malpositions of the human teeth or
22    jaws; or
23        (6) Who offers or undertakes, by any means or method,

 

 

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1    to diagnose, treat or remove stains, calculus, and bonding
2    materials from human teeth or jaws; or
3        (7) Who uses or administers local or general
4    anesthetics in the treatment of dental or oral diseases or
5    in any preparation incident to a dental operation of any
6    kind or character; or
7        (8) Who takes impressions of the human tooth, teeth, or
8    jaws or performs any phase of any operation incident to the
9    replacement of a part of a tooth, a tooth, teeth or
10    associated tissues by means of a filling, crown, a bridge,
11    a denture or other appliance; or
12        (9) Who offers to furnish, supply, construct,
13    reproduce or repair, or who furnishes, supplies,
14    constructs, reproduces or repairs, prosthetic dentures,
15    bridges or other substitutes for natural teeth, to the user
16    or prospective user thereof; or
17        (10) Who instructs students on clinical matters or
18    performs any clinical operation included in the curricula
19    of recognized dental schools and colleges; or
20        (11) Who takes impressions of human teeth or places his
21    or her hands in the mouth of any person for the purpose of
22    applying teeth whitening materials, or who takes
23    impressions of human teeth or places his or her hands in
24    the mouth of any person for the purpose of assisting in the
25    application of teeth whitening materials. A person does not
26    practice dentistry when he or she discloses to the consumer

 

 

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1    that he or she is not licensed as a dentist under this Act
2    and (i) discusses the use of teeth whitening materials with
3    a consumer purchasing these materials; (ii) provides
4    instruction on the use of teeth whitening materials with a
5    consumer purchasing these materials; or (iii) provides
6    appropriate equipment on-site to the consumer for the
7    consumer to self-apply teeth whitening materials.
8    The fact that any person engages in or performs, or offers
9to engage in or perform, any of the practices, acts, or
10operations set forth in this Section, shall be prima facie
11evidence that such person is engaged in the practice of
12dentistry.
13    The following practices, acts, and operations, however,
14are exempt from the operation of this Act:
15        (a) The rendering of dental relief in emergency cases
16    in the practice of his or her profession by a physician or
17    surgeon, licensed as such under the laws of this State,
18    unless he undertakes to reproduce or reproduces lost parts
19    of the human teeth in the mouth or to restore or replace
20    lost or missing teeth in the mouth; or
21        (b) The practice of dentistry in the discharge of their
22    official duties by dentists in any branch of the Armed
23    Services of the United States, the United States Public
24    Health Service, or the United States Veterans
25    Administration; or
26        (c) The practice of dentistry by students in their

 

 

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1    course of study in dental schools or colleges approved by
2    the Department, when acting under the direction and
3    supervision of dentists acting as instructors; or
4        (d) The practice of dentistry by clinical instructors
5    in the course of their teaching duties in dental schools or
6    colleges approved by the Department:
7            (i) when acting under the direction and
8        supervision of dentists, provided that such clinical
9        instructors have instructed continuously in this State
10        since January 1, 1986; or
11            (ii) when holding the rank of full professor at
12        such approved dental school or college and possessing a
13        current valid license or authorization to practice
14        dentistry in another country; or
15        (e) The practice of dentistry by licensed dentists of
16    other states or countries at meetings of the Illinois State
17    Dental Society or component parts thereof, alumni meetings
18    of dental colleges, or any other like dental organizations,
19    while appearing as clinicians; or
20        (f) The use of X-Ray machines for exposing X-Ray films
21    of dental or oral tissues by dental hygienists or dental
22    assistants; or
23        (g) The performance of any dental service by a dental
24    assistant, if such service is performed under the
25    supervision and full responsibility of a dentist.
26        For purposes of this paragraph (g), "dental service" is

 

 

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1    defined to mean any intraoral procedure or act which shall
2    be prescribed by rule or regulation of the Department.
3    Dental service, however, shall not include:
4            (1) Any and all diagnosis of or prescription for
5        treatment of disease, pain, deformity, deficiency,
6        injury or physical condition of the human teeth or
7        jaws, or adjacent structures.
8            (2) Removal of, or restoration of, or addition to
9        the hard or soft tissues of the oral cavity, except for
10        the placing, carving, and finishing of amalgam
11        restorations by dental assistants who have had
12        additional formal education and certification as
13        determined by the Department. A dentist utilizing
14        dental assistants shall not supervise more than 4
15        dental assistants at any one time for placing, carving,
16        and finishing of amalgam restorations.
17            (3) Any and all correction of malformation of teeth
18        or of the jaws.
19            (4) Administration of anesthetics, except for
20        application of topical anesthetics and monitoring of
21        nitrous oxide. Monitoring of nitrous oxide may be
22        performed after successful completion of a training
23        program approved by the Department. A dentist
24        utilizing dental assistants shall not supervise more
25        than 4 dental assistants at any one time for the
26        monitoring of nitrous oxide.

 

 

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1            (5) Removal of calculus from human teeth.
2            (6) Taking of impressions for the fabrication of
3        prosthetic appliances, crowns, bridges, inlays,
4        onlays, or other restorative or replacement dentistry.
5            (7) The operative procedure of dental hygiene
6        consisting of oral prophylactic procedures, except for
7        coronal polishing and pit and fissure sealants, which
8        may be performed by a dental assistant who has
9        successfully completed a training program approved by
10        the Department. Dental assistants may perform coronal
11        polishing under the following circumstances: (i) the
12        coronal polishing shall be limited to polishing the
13        clinical crown of the tooth and existing restorations,
14        supragingivally; (ii) the dental assistant performing
15        the coronal polishing shall be limited to the use of
16        rotary instruments using a rubber cup or brush
17        polishing method (air polishing is not permitted); and
18        (iii) the supervising dentist shall not supervise more
19        than 4 dental assistants at any one time for the task
20        of coronal polishing or pit and fissure sealants.
21        (h) The practice of dentistry by an individual who:
22            (i) has applied in writing to the Department, in
23        form and substance satisfactory to the Department, for
24        a general dental license and has complied with all
25        provisions of Section 9 of this Act, except for the
26        passage of the examination specified in subsection

 

 

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1        (e), of Section 9, of this Act; or
2            (ii) has applied in writing to the Department, in
3        form and substance satisfactory to the Department, for
4        a temporary dental license and has complied with all
5        provisions of subsection (c), of Section 11, of this
6        Act; and
7            (iii) has been accepted or appointed for specialty
8        or residency training by a hospital situated in this
9        State; or
10            (iv) has been accepted or appointed for specialty
11        training in an approved dental program situated in this
12        State; or
13            (v) has been accepted or appointed for specialty
14        training in a dental public health agency situated in
15        this State.
16        The applicant shall be permitted to practice dentistry
17    for a period of 3 months from the starting date of the
18    program, unless authorized in writing by the Department to
19    continue such practice for a period specified in writing by
20    the Department.
21        The applicant shall only be entitled to perform such
22    acts as may be prescribed by and incidental to their
23    program of residency or specialty training and shall not
24    otherwise engage in the practice of dentistry in this
25    State.
26        The authority to practice shall terminate immediately

 

 

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1    upon:
2            (1) the decision of the Department that the
3        applicant has failed the examination; or
4            (2) denial of licensure by the Department; or
5            (3) withdrawal of the application.
6(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.