102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3122

 

Introduced 1/11/2022, by Sen. Melinda Bush

 

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

    Amends the Illinois Dental Practice Act. Provides that the definition of "public health setting" includes a nursing home or long-term care community.


LRB102 22377 SPS 31516 b

 

 

A BILL FOR

 

SB3122LRB102 22377 SPS 31516 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 Section 4 as follows:
 
6    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
7    (Text of Section before amendment by P.A. 102-93)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Board" means the Board of Dentistry.
22    "Dentist" means a person who has received a general
23license pursuant to paragraph (a) of Section 11 of this Act and

 

 

SB3122- 2 -LRB102 22377 SPS 31516 b

1who may perform any intraoral and extraoral procedure required
2in the practice of dentistry and to whom is reserved the
3responsibilities specified in Section 17.
4    "Dental hygienist" means a person who holds a license
5under this Act to perform dental services as authorized by
6Section 18.
7    "Dental assistant" means an appropriately trained person
8who, under the supervision of a dentist, provides dental
9services as authorized by Section 17.
10    "Expanded function dental assistant" means a dental
11assistant who has completed the training required by Section
1217.1 of this Act.
13    "Dental laboratory" means a person, firm or corporation
14which:
15        (i) engages in making, providing, repairing or
16    altering dental prosthetic appliances and other artificial
17    materials and devices which are returned to a dentist for
18    insertion into the human oral cavity or which come in
19    contact with its adjacent structures and tissues; and
20        (ii) utilizes or employs a dental technician to
21    provide such services; and
22        (iii) performs such functions only for a dentist or
23    dentists.
24    "Supervision" means supervision of a dental hygienist or a
25dental assistant requiring that a dentist authorize the
26procedure, remain in the dental facility while the procedure

 

 

SB3122- 3 -LRB102 22377 SPS 31516 b

1is performed, and approve the work performed by the dental
2hygienist or dental assistant before dismissal of the patient,
3but does not mean that the dentist must be present at all times
4in the treatment room.
5    "General supervision" means supervision of a dental
6hygienist requiring that the patient be a patient of record,
7that the dentist examine the patient in accordance with
8Section 18 prior to treatment by the dental hygienist, and
9that the dentist authorize the procedures which are being
10carried out by a notation in the patient's record, but not
11requiring that a dentist be present when the authorized
12procedures are being performed. The issuance of a prescription
13to a dental laboratory by a dentist does not constitute
14general supervision.
15    "Public member" means a person who is not a health
16professional. For purposes of board membership, any person
17with a significant financial interest in a health service or
18profession is not a public member.
19    "Dentistry" means the healing art which is concerned with
20the examination, diagnosis, treatment planning and care of
21conditions within the human oral cavity and its adjacent
22tissues and structures, as further specified in Section 17.
23    "Branches of dentistry" means the various specialties of
24dentistry which, for purposes of this Act, shall be limited to
25the following: endodontics, oral and maxillofacial surgery,
26orthodontics and dentofacial orthopedics, pediatric dentistry,

 

 

SB3122- 4 -LRB102 22377 SPS 31516 b

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

 

 

SB3122- 5 -LRB102 22377 SPS 31516 b

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

 

 

SB3122- 6 -LRB102 22377 SPS 31516 b

1public health dental hygienist by a licensed dentist who has a
2written public health supervision agreement with that public
3health dental hygienist while working in an approved facility
4or program that allows the public health dental hygienist to
5treat patients, without a dentist first examining the patient
6and being present in the facility during treatment, (1) who
7are eligible for Medicaid or (2) who are uninsured and whose
8household income is not greater than 200% of the federal
9poverty level.
10    "Teledentistry" means the use of telehealth systems and
11methodologies in dentistry and includes patient care and
12education delivery using synchronous and asynchronous
13communications under a dentist's authority as provided under
14this Act.
15(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
16102-588, eff. 8-20-21.)
 
17    (Text of Section after amendment by P.A. 102-93)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 4. Definitions. As used in this Act:
20    "Address of record" means the designated address recorded
21by the Department in the applicant's or licensee's application
22file or license file as maintained by the Department's
23licensure maintenance unit. It is the duty of the applicant or
24licensee to inform the Department of any change of address and
25those changes must be made either through the Department's

 

 

SB3122- 7 -LRB102 22377 SPS 31516 b

1website or by contacting the Department.
2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Secretary" means the Secretary of Financial and
5Professional Regulation.
6    "Board" means the Board of Dentistry.
7    "Dentist" means a person who has received a general
8license pursuant to paragraph (a) of Section 11 of this Act and
9who may perform any intraoral and extraoral procedure required
10in the practice of dentistry and to whom is reserved the
11responsibilities specified in Section 17.
12    "Dental hygienist" means a person who holds a license
13under this Act to perform dental services as authorized by
14Section 18.
15    "Dental assistant" means an appropriately trained person
16who, under the supervision of a dentist, provides dental
17services as authorized by Section 17.
18    "Expanded function dental assistant" means a dental
19assistant who has completed the training required by Section
2017.1 of this Act.
21    "Dental laboratory" means a person, firm or corporation
22which:
23        (i) engages in making, providing, repairing or
24    altering dental prosthetic appliances and other artificial
25    materials and devices which are returned to a dentist for
26    insertion into the human oral cavity or which come in

 

 

SB3122- 8 -LRB102 22377 SPS 31516 b

1    contact with its adjacent structures and tissues; and
2        (ii) utilizes or employs a dental technician to
3    provide such services; and
4        (iii) performs such functions only for a dentist or
5    dentists.
6    "Supervision" means supervision of a dental hygienist or a
7dental assistant requiring that a dentist authorize the
8procedure, remain in the dental facility while the procedure
9is performed, and approve the work performed by the dental
10hygienist or dental assistant before dismissal of the patient,
11but does not mean that the dentist must be present at all times
12in the treatment room.
13    "General supervision" means supervision of a dental
14hygienist requiring that the patient be a patient of record,
15that the dentist examine the patient in accordance with
16Section 18 prior to treatment by the dental hygienist, and
17that the dentist authorize the procedures which are being
18carried out by a notation in the patient's record, but not
19requiring that a dentist be present when the authorized
20procedures are being performed. The issuance of a prescription
21to a dental laboratory by a dentist does not constitute
22general supervision.
23    "Public member" means a person who is not a health
24professional. For purposes of board membership, any person
25with a significant financial interest in a health service or
26profession is not a public member.

 

 

SB3122- 9 -LRB102 22377 SPS 31516 b

1    "Dentistry" means the healing art which is concerned with
2the examination, diagnosis, treatment planning and care of
3conditions within the human oral cavity and its adjacent
4tissues and structures, as further specified in Section 17.
5    "Branches of dentistry" means the various specialties of
6dentistry which, for purposes of this Act, shall be limited to
7the following: endodontics, oral and maxillofacial surgery,
8orthodontics and dentofacial orthopedics, pediatric dentistry,
9periodontics, prosthodontics, oral and maxillofacial
10radiology, and dental anesthesiology.
11    "Specialist" means a dentist who has received a specialty
12license pursuant to Section 11(b).
13    "Dental technician" means a person who owns, operates or
14is employed by a dental laboratory and engages in making,
15providing, repairing or altering dental prosthetic appliances
16and other artificial materials and devices which are returned
17to a dentist for insertion into the human oral cavity or which
18come in contact with its adjacent structures and tissues.
19    "Impaired dentist" or "impaired dental hygienist" means a
20dentist or dental hygienist who is unable to practice with
21reasonable skill and safety because of a physical or mental
22disability as evidenced by a written determination or written
23consent based on clinical evidence, including deterioration
24through the aging process, loss of motor skills, abuse of
25drugs or alcohol, or a psychiatric disorder, of sufficient
26degree to diminish the person's ability to deliver competent

 

 

SB3122- 10 -LRB102 22377 SPS 31516 b

1patient care.
2    "Nurse" means a registered professional nurse, a certified
3registered nurse anesthetist licensed as an advanced practice
4registered nurse, or a licensed practical nurse licensed under
5the Nurse Practice Act.
6    "Patient of record" means a patient for whom the patient's
7most recent dentist has obtained a relevant medical and dental
8history and on whom the dentist has performed an examination
9and evaluated the condition to be treated.
10    "Dental responder" means a dentist or dental hygienist who
11is appropriately certified in disaster preparedness,
12immunizations, and dental humanitarian medical response
13consistent with the Society of Disaster Medicine and Public
14Health and training certified by the National Incident
15Management System or the National Disaster Life Support
16Foundation.
17    "Mobile dental van or portable dental unit" means any
18self-contained or portable dental unit in which dentistry is
19practiced that can be moved, towed, or transported from one
20location to another in order to establish a location where
21dental services can be provided.
22    "Public health dental hygienist" means a hygienist who
23holds a valid license to practice in the State, has 2 years of
24full-time clinical experience or an equivalent of 4,000 hours
25of clinical experience and has completed at least 42 clock
26hours of additional structured courses in dental education in

 

 

SB3122- 11 -LRB102 22377 SPS 31516 b

1advanced areas specific to public health dentistry.
2    "Public health setting" means a federally qualified health
3center; a federal, State, or local public health facility;
4Head Start; a special supplemental nutrition program for
5Women, Infants, and Children (WIC) facility; or a certified
6school-based health center or school-based oral health
7program; or a nursing home or long-term care community.
8    "Public health supervision" means the supervision of a
9public health dental hygienist by a licensed dentist who has a
10written public health supervision agreement with that public
11health dental hygienist while working in an approved facility
12or program that allows the public health dental hygienist to
13treat patients, without a dentist first examining the patient
14and being present in the facility during treatment, (1) who
15are eligible for Medicaid or (2) who are uninsured and whose
16household income is not greater than 200% of the federal
17poverty level.
18    "Teledentistry" means the use of telehealth systems and
19methodologies in dentistry and includes patient care and
20education delivery using synchronous and asynchronous
21communications under a dentist's authority as provided under
22this Act.
23(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
24102-93, eff. 1-1-22; 102-588, eff. 8-20-21.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

SB3122- 12 -LRB102 22377 SPS 31516 b

1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.