102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4574

 

Introduced 1/21/2022, by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 25/8.1  from Ch. 111, par. 2308.1
225 ILCS 25/11  from Ch. 111, par. 2311

    Amends the Illinois Dental Practice Act. Provides that a licensed dentist must hold an appropriate permit in order to perform dentistry while a nurse anesthetist administers conscious sedation, deep sedation, or general anesthesia (rather than conscious sedation). Provides that a certified registered nurse anesthetist who provides anesthesia services in a dental office shall enter into a written collaborative agreement with the operating dentist performing the procedure. Provides that the agreement shall describe the working relationship of the nurse anesthetist and the operating dentist and shall authorize the categories of care, treatment, or procedures to be performed by the nurse anesthetist. Provides that the operating dentist shall approve the anesthesia plan prepared by the nurse anesthetist and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions. Provides that the nurse anesthetist may select, order, and administer medications, including controlled substances, and apply appropriate medical devices for delivery of anesthesia services under the anesthesia plan agreed with by the operating dentist. Provides that the holder of a faculty limited license may advertise his or her specialty degree as part of his or her ability to practice at a clinic or office affiliated with a dental school.


LRB102 22482 SPS 31622 b

 

 

A BILL FOR

 

HB4574LRB102 22482 SPS 31622 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 8.1 and 11 as follows:
 
6    (225 ILCS 25/8.1)  (from Ch. 111, par. 2308.1)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 8.1. Permit for the administration of anesthesia and
9sedation.
10    (a) No licensed dentist shall administer general
11anesthesia, deep sedation, or conscious sedation without first
12applying for and obtaining a permit for such purpose from the
13Department. The Department shall issue such permit only after
14ascertaining that the applicant possesses the minimum
15qualifications necessary to protect public safety. A person
16with a dental degree who administers anesthesia, deep
17sedation, or conscious sedation in an approved hospital
18training program under the supervision of either a licensed
19dentist holding such permit or a physician licensed to
20practice medicine in all its branches shall not be required to
21obtain such permit.
22    (b) In determining the minimum permit qualifications that
23are necessary to protect public safety, the Department, by

 

 

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1rule, shall:
2        (1) establish the minimum educational and training
3    requirements necessary for a dentist to be issued an
4    appropriate permit;
5        (2) establish the standards for properly equipped
6    dental facilities (other than licensed hospitals and
7    ambulatory surgical treatment centers) in which general
8    anesthesia, deep sedation, or conscious sedation is
9    administered, as necessary to protect public safety;
10        (3) establish minimum requirements for all persons who
11    assist the dentist in the administration of general
12    anesthesia, deep sedation, or conscious sedation,
13    including minimum training requirements for each member of
14    the dental team, monitoring requirements, recordkeeping
15    requirements, and emergency procedures;
16        (4) ensure that the dentist has completed and
17    maintains current certification in advanced cardiac life
18    support or pediatric advanced life support and all persons
19    assisting the dentist or monitoring the administration of
20    general anesthesia, deep sedation, or conscious sedation
21    maintain current certification in Basic Life Support
22    (BLS); and
23        (5) establish continuing education requirements in
24    sedation techniques and airway management for dentists who
25    possess a permit under this Section.
26    When establishing requirements under this Section, the

 

 

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1Department shall consider the current American Dental
2Association guidelines on sedation and general anesthesia, the
3current "Guidelines for Monitoring and Management of Pediatric
4Patients During and After Sedation for Diagnostic and
5Therapeutic Procedures" established by the American Academy of
6Pediatrics and the American Academy of Pediatric Dentistry,
7and the current parameters of care and Office Anesthesia
8Evaluation (OAE) Manual established by the American
9Association of Oral and Maxillofacial Surgeons.
10    (c) A licensed dentist must hold an appropriate permit
11issued under this Section in order to perform dentistry while
12a nurse anesthetist administers conscious sedation, deep
13sedation, or general anesthesia and a valid written
14collaborative agreement must exist between the dentist and the
15nurse anesthetist, in accordance with the Nurse Practice Act.
16    A licensed dentist must hold an appropriate permit issued
17under this Section in order to perform dentistry while a nurse
18anesthetist administers deep sedation or general anesthesia,
19and a valid written collaborative agreement must exist between
20the dentist and the nurse anesthetist, in accordance with the
21Nurse Practice Act.
22    A certified registered nurse anesthetist who provides
23anesthesia services in a dental office shall enter into a
24written collaborative agreement with the operating dentist
25performing the procedure. The agreement shall describe the
26working relationship of the nurse anesthetist and the

 

 

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1operating dentist and shall authorize the categories of care,
2treatment, or procedures to be performed by the nurse
3anesthetist. In a collaborating dentist office, the nurse
4anesthetist may only provide those services that the operating
5dentist with the appropriate permit is authorized to provide
6as found in 68 Ill. Adm. Code 1220.510 and 1220.520. For
7anesthesia services, the operating dentist shall approve the
8anesthesia plan prepared by the nurse anesthetist and shall
9remain physically present and be available on the premises
10during the delivery of anesthesia services for diagnosis,
11consultation, and treatment of emergency medical conditions.
12The nurse anesthetist may select, order, and administer
13medications, including controlled substances, and apply
14appropriate medical devices for delivery of anesthesia
15services under the anesthesia plan agreed with by the
16operating dentist.
17    For the purposes of this subsection (c), "nurse
18anesthetist" means a licensed certified registered nurse
19anesthetist who holds a license as an advanced practice
20registered nurse.
21(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
22101-162, eff. 7-26-19.)
 
23    (225 ILCS 25/11)  (from Ch. 111, par. 2311)
24    (Section scheduled to be repealed on January 1, 2026)
25    Sec. 11. Types of dental licenses. The Department shall

 

 

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1have the authority to issue the following types of licenses:
2    (a) General licenses. The Department shall issue a license
3authorizing practice as a dentist to any person who qualifies
4for a license under this Act.
5    (b) Specialty licenses. The Department shall issue a
6license authorizing practice as a specialist in any particular
7branch of dentistry to any dentist who has complied with the
8requirements established for that particular branch of
9dentistry at the time of making application. The Department
10shall establish additional requirements of any dentist who
11announces or holds himself or herself out to the public as a
12specialist or as being specially qualified in any particular
13branch of dentistry.
14    No dentist shall announce or hold himself or herself out
15to the public as a specialist or as being specially qualified
16in any particular branch of dentistry unless he or she is
17licensed to practice in that specialty of dentistry.
18    The fact that any dentist shall announce by card,
19letterhead or any other form of communication using terms as
20"Specialist," "Practice Limited To" or "Limited to Specialty
21of" with the name of the branch of dentistry practiced as a
22specialty, or shall use equivalent words or phrases to
23announce the same, shall be prima facie evidence that the
24dentist is holding himself or herself out to the public as a
25specialist.
26    (c) Temporary training licenses. Persons who wish to

 

 

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1pursue specialty or other advanced clinical educational
2programs in an approved dental school or a hospital situated
3in this State, or persons who wish to pursue programs of
4specialty training in dental public health in public agencies
5in this State, may receive without examination, in the
6discretion of the Department, a temporary training license. In
7order to receive a temporary training license under this
8subsection, an applicant shall furnish satisfactory proof to
9the Department that:
10        (1) The applicant is at least 21 years of age and is of
11    good moral character. In determining moral character under
12    this Section, the Department may take into consideration
13    any felony conviction of the applicant, but such a
14    conviction shall not operate as bar to licensure;
15        (2) The applicant has been accepted or appointed for
16    specialty or residency training by an approved hospital
17    situated in this State, by an approved dental school
18    situated in this State, or by a public health agency in
19    this State the training programs of which are recognized
20    and approved by the Department. The applicant shall
21    indicate the beginning and ending dates of the period for
22    which he or she has been accepted or appointed;
23        (3) The applicant is a graduate of a dental school or
24    college approved and in good standing in the judgment of
25    the Department. The Department may consider diplomas or
26    certifications of education, or both, accompanied by

 

 

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1    transcripts of course work and credits awarded to
2    determine if an applicant has graduated from a dental
3    school or college approved and in good standing. The
4    Department may also consider diplomas or certifications of
5    education, or both, accompanied by transcripts of course
6    work and credits awarded in determining whether a dental
7    school or college is approved and in good standing.
8    Temporary training licenses issued under this Section
9shall be valid only for the duration of the period of residency
10or specialty training and may be extended or renewed as
11prescribed by rule. The holder of a valid temporary training
12license shall be entitled thereby to perform acts as may be
13prescribed by and incidental to his or her program of
14residency or specialty training; but he or she shall not be
15entitled to engage in the practice of dentistry in this State.
16    A temporary training license may be revoked by the
17Department upon proof that the holder has engaged in the
18practice of dentistry in this State outside of his or her
19program of residency or specialty training, or if the holder
20shall fail to supply the Department, within 10 days of its
21request, with information as to his or her current status and
22activities in his or her specialty training program.
23    (d) Faculty limited licenses. Persons who have received
24full-time appointments to teach dentistry at an approved
25dental school or hospital situated in this State may receive
26without examination, in the discretion of the Department, a

 

 

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1faculty limited license. In order to receive a faculty limited
2license an applicant shall furnish satisfactory proof to the
3Department that:
4        (1) The applicant is at least 21 years of age, is of
5    good moral character and is licensed to practice dentistry
6    in another state or country; and
7        (2) The applicant has a full-time appointment to teach
8    dentistry at an approved dental school or hospital
9    situated in this State.
10    Faculty limited licenses issued under this Section shall
11be valid for a period of 3 years and may be extended or
12renewed. The holder of a valid faculty limited license may
13perform acts as may be required by his or her teaching of
14dentistry. The In addition, the holder of a faculty limited
15license may practice general dentistry or in his or her area of
16specialty, but only in a clinic or office affiliated with the
17dental school. The holder of a faculty limited license may
18advertise his or her specialty degree as part of his or her
19ability to practice at a clinic or office affiliated with the
20dental school. Any faculty limited license issued to a faculty
21member under this Section shall terminate immediately and
22automatically, without any further action by the Department,
23if the holder ceases to be a faculty member at an approved
24dental school or hospital in this State.
25    The Department may revoke a faculty limited license for a
26violation of this Act or its rules, or if the holder fails to

 

 

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1supply the Department, within 10 days of its request, with
2information as to his current status and activities in his
3teaching program.
4    (e) Inactive status. Any person who holds one of the
5licenses under subsection (a) or (b) of Section 11 or under
6Section 12 of this Act may elect, upon payment of the required
7fee, to place his or her license on an inactive status and
8shall, subject to the rules of the Department, be excused from
9the payment of renewal fees until he or she notifies the
10Department in writing of his or her desire to resume active
11status.
12    Any licensee requesting restoration from inactive status
13shall be required to pay the current renewal fee and upon
14payment the Department shall be required to restore his or her
15license, as provided in Section 16 of this Act.
16    Any licensee whose license is in an inactive status shall
17not practice in the State of Illinois.
18    (f) Certificates of Identification. In addition to the
19licenses authorized by this Section, the Department shall
20deliver to each dentist a certificate of identification in a
21form specified by the Department.
22(Source: P.A. 100-976, eff. 1-1-19.)