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Public Act 91-0594
SB800 Enrolled LRB9105787ACtm
AN ACT to amend the Illinois Dental Practice Act by
changing Sections 6, 17, and 18.
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 6, 17, and 18 as follows:
(225 ILCS 25/6) (from Ch. 111, par. 2306)
Sec. 6. Board of Dentistry - Report By Majority
Required. There is created a Board of Dentistry, to be
composed of persons designated from time to time by the
Director, as follows:
Eleven Ten persons, 8 of whom have been dentists for a
period of 5 years or more; 2 of whom have been dental
hygienists one who has been a dental hygienist for a period
of 5 years or more, and one public member. None of the 10
members shall be employed by or be an officer of any dental
college, or dental or dental hygiene department of any
institution of learning. The dental hygienists hygienist
shall not participate in the examination of applicants for
licenses to practice dentistry. The public member shall not
participate in the examination of applicants for licenses to
practice dentistry or dental hygiene. The board shall
annually elect a chairman who shall be a dentist.
Terms for all members shall be for 4 years. Partial
terms over 2 years in length shall be considered as full
terms. A member may be reappointed for a successive term,
but no member shall serve more than 2 full terms in his or
her lifetime.
The membership of the Board shall include only residents
from various geographic areas of this State and shall include
at least some graduates from various institutions of dental
education in this State.
In making appointments to the Board the Director shall
give due consideration to recommendations by organizations of
the dental profession in Illinois, including the Illinois
State Dental Society and Illinois Dental Hygienists
Association, and shall promptly give due notice to such
organizations of any vacancy in the membership of the Board.
The Director may terminate the appointment of any member for
cause which in the opinion of the Director reasonably
justifies such termination.
A vacancy in the membership of the Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Board. Any action to be taken by the
Board under this Act may be authorized by resolution at any
regular or special meeting, and each such resolution shall
take effect immediately. The Board shall meet at least
quarterly. The Board may adopt all rules and regulations
necessary and incident to its powers and duties under this
Act.
The members of the Board shall each receive as
compensation a reasonable sum as determined by the Director
for each day actually engaged in the duties of the office,
and all legitimate and necessary expense incurred in
attending the meetings of the Board.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
(225 ILCS 25/17) (from Ch. 111, par. 2317)
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.
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) Any and all Removal of, or restoration of, or
addition to the hard or soft tissues of the oral cavity.
(3) Any and all correction of malformation of teeth
or of the jaws.
(4) Administration of anesthetics, except for
application of (other than 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).
(5) Any Removal of calculus and stains from human
teeth.
(6) Any and all Taking of impressions for the
fabrication of orthodontic appliances, prosthetic
appliances, space maintainers, crowns, bridges, splints,
inlays, onlays, or other restorative or replacement
dentistry.
(7) The operative procedure of dental hygiene
consisting of oral prophylactic procedures, except for
coronal polishing, 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.
(8) 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.
(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. 89-116, eff. 7-7-95.)
(225 ILCS 25/18) (from Ch. 111, par. 2318)
Sec. 18. Acts Constituting the Practice of Dental
Hygiene. Limitations. A dental hygienist may be employed or
engaged only:
(a) Under the supervision of a dentist:
(1) In the office of a dentist; or
(2) By a federal, State, county or municipal agency
or institution; or
(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.
When employed or engaged pursuant to this paragraph (a) a
dental hygienist may perform the following procedures and
acts:
(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;,
(v) administration and monitoring of nitrous oxide
upon successful completion of a training program approved
by the Department; and
(vi) (v) such other procedures and acts as shall be
prescribed by rule or regulation of the Department.
(b) Under the general supervision of a dentist in a
long-term care facility licensed by the State of Illinois, or
a mental health or developmental disability facility operated
by the Department of Human Services, if the patient is unable
to travel to a dental office because of illness or infirmity.
The dentist shall personally examine and diagnose the patient
and determine which services are necessary to be performed,
which shall be contained in a written order to the hygienist.
Such order must be implemented within 90 days of its
issuance, and an updated medical history and oral inspection
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.
(c) Without the supervision of a dentist, a dental
hygienist may perform dental health education functions and
may record case histories and oral conditions observed.
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.
(Source: P.A. 88-65; 89-507, eff. 7-1-97.)
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