101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2965

 

Introduced 2/4/2020, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 25/4  from Ch. 111, par. 2304
225 ILCS 25/54.3

    Amends the Illinois Dental Practice Act. Makes changes to the definitions of "branches of dentistry" and "teledentistry". Provides that a dentist may administer vaccinations to patients 18 years of age and older if it is a general policy or recommendation published by the Centers for Disease Control or the Director of Public Health. Effective immediately.


LRB101 19598 SPS 69074 b

 

 

A BILL FOR

 

SB2965LRB101 19598 SPS 69074 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 Sections 4 and 54.3 as follows:
 
6    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 4. Definitions. As used in this Act:
9    "Address of record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file as maintained by the Department's
12licensure maintenance unit. It is the duty of the applicant or
13licensee to inform the Department of any change of address and
14those changes must be made either through the Department's
15website or by contacting the Department.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation.
20    "Board" means the Board of Dentistry.
21    "Dentist" means a person who has received a general license
22pursuant to paragraph (a) of Section 11 of this Act and who may
23perform any intraoral and extraoral procedure required in the

 

 

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1practice of dentistry and to whom is reserved the
2responsibilities specified in Section 17.
3    "Dental hygienist" means a person who holds a license under
4this Act to perform dental services as authorized by Section
518.
6    "Dental assistant" means an appropriately trained person
7who, under the supervision of a dentist, provides dental
8services as authorized by Section 17.
9    "Expanded function dental assistant" means a dental
10assistant who has completed the training required by Section
1117.1 of this Act.
12    "Dental laboratory" means a person, firm or corporation
13which:
14        (i) engages in making, providing, repairing or
15    altering dental prosthetic appliances and other artificial
16    materials and devices which are returned to a dentist for
17    insertion into the human oral cavity or which come in
18    contact with its adjacent structures and tissues; and
19        (ii) utilizes or employs a dental technician to provide
20    such services; and
21        (iii) performs such functions only for a dentist or
22    dentists.
23    "Supervision" means supervision of a dental hygienist or a
24dental assistant requiring that a dentist authorize the
25procedure, remain in the dental facility while the procedure is
26performed, and approve the work performed by the dental

 

 

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1hygienist or dental assistant before dismissal of the patient,
2but does not mean that the dentist must be present at all times
3in the treatment room.
4    "General supervision" means supervision of a dental
5hygienist requiring that the patient be a patient of record,
6that the dentist examine the patient in accordance with Section
718 prior to treatment by the dental hygienist, and that the
8dentist authorize the procedures which are being carried out by
9a notation in the patient's record, but not requiring that a
10dentist be present when the authorized procedures are being
11performed. The issuance of a prescription to a dental
12laboratory by a dentist does not constitute general
13supervision.
14    "Public member" means a person who is not a health
15professional. For purposes of board membership, any person with
16a significant financial interest in a health service or
17profession is not a public member.
18    "Dentistry" means the healing art which is concerned with
19the examination, diagnosis, treatment planning and care of
20conditions within the human oral cavity and its adjacent
21tissues and structures, as further specified in Section 17.
22    "Branches of dentistry" means the various specialties of
23dentistry which, for purposes of this Act, shall be limited to
24the following: endodontics, oral and maxillofacial surgery,
25orthodontics and dentofacial orthopedics, pediatric dentistry,
26periodontics, prosthodontics, and oral and maxillofacial

 

 

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

 

 

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1    "Dental responder" means a dentist or dental hygienist who
2is appropriately certified in disaster preparedness,
3immunizations, and dental humanitarian medical response
4consistent with the Society of Disaster Medicine and Public
5Health and training certified by the National Incident
6Management System or the National Disaster Life Support
7Foundation.
8    "Mobile dental van or portable dental unit" means any
9self-contained or portable dental unit in which dentistry is
10practiced that can be moved, towed, or transported from one
11location to another in order to establish a location where
12dental services can be provided.
13    "Public health dental hygienist" means a hygienist who
14holds a valid license to practice in the State, has 2 years of
15full-time clinical experience or an equivalent of 4,000 hours
16of clinical experience and has completed at least 42 clock
17hours of additional structured courses in dental education in
18advanced areas specific to public health dentistry.
19    "Public health setting" means a federally qualified health
20center; a federal, State, or local public health facility; Head
21Start; a special supplemental nutrition program for Women,
22Infants, and Children (WIC) facility; or a certified
23school-based health center or school-based oral health
24program.
25    "Public health supervision" means the supervision of a
26public health dental hygienist by a licensed dentist who has a

 

 

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1written public health supervision agreement with that public
2health dental hygienist while working in an approved facility
3or program that allows the public health dental hygienist to
4treat patients, without a dentist first examining the patient
5and being present in the facility during treatment, (1) who are
6eligible for Medicaid or (2) who are uninsured and whose
7household income is not greater than 200% of the federal
8poverty level.
9    "Teledentistry" means the use of telehealth systems and
10methodologies in dentistry and includes limited patient
11diagnosis, treatment planning, care and education delivery
12using synchronous and asynchronous communications under an
13Illinois licensed a dentist's authority as provided under this
14Act.
15(Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18;
16100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff.
177-26-19; revised 9-27-19.)
 
18    (225 ILCS 25/54.3)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 54.3. Vaccinations.
21    (a) Notwithstanding Section 54.2 of this Act, a dentist may
22administer vaccinations upon completion of appropriate
23training set forth by rule and approved by the Department on
24appropriate vaccine storage, proper administration, and
25addressing contraindications and adverse reactions.

 

 

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1Vaccinations shall be limited to patients 18 years of age and
2older pursuant to a valid prescription or standing order by a
3physician licensed to practice medicine in all its branches
4who, in the course of professional practice, administers
5vaccines to patients or if it is a general policy or
6recommendation published by the Centers for Disease Control or
7the Director of Public Health. Methods of communication shall
8be established for consultation with the physician in person or
9by telecommunications.
10    (b) Vaccinations administered by a dentist shall be limited
11to influenza (inactivated influenza vaccine and live
12attenuated influenza intranasal vaccine). Vaccines shall only
13be administered by the dentist and shall not be delegated to an
14assistant or any other person. Vaccination of a patient by a
15dentist shall be documented in the patient's dental record and
16the record shall be retained in accordance with current dental
17recordkeeping standards. The dentist shall notify the
18patient's primary care physician of each dose of vaccine
19administered to the patient and shall enter all patient level
20data or update the patient's current record. The dentist may
21provide this notice to the patient's physician electronically.
22In addition, the dentist shall enter all patient level data on
23vaccines administered in the immunization data registry
24maintained by the Department of Public Health.
25    (c) A dentist shall only provide vaccinations under this
26Section if contracted with and credentialed by the patient's

 

 

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1health insurance, health maintenance organization, or other
2health plan to specifically provide the vaccinations allowed
3under this Section. Persons enrolled in Medicare or Medicaid
4may only receive the vaccinations allowed for under this
5Section from dentists who are authorized to do so by the
6federal Centers for Medicare and Medicaid Services or the
7Department of Healthcare and Family Services.
8    (d) The Department shall adopt any rules necessary to
9implement this Section.
10    (e) This Section is repealed on January 1, 2026.
11(Source: P.A. 101-162, eff. 7-26-19.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.