Public Act 097-0886
 
SB2941 EnrolledLRB097 15511 CEL 60634 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 Section 17 as follows:
 
    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 17. Acts Constituting the Practice of Dentistry. A
person practices dentistry, within the meaning of this Act:
        (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
        (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 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 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 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.
        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 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.
            (3) Any and all correction of malformation of teeth
        or of the jaws.
            (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
        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 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.
        (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 their
    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. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.