Full Text of SB1982 104th General Assembly
SB1982 104TH GENERAL ASSEMBLY | | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1982 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: | | 225 ILCS 25/4 | | 225 ILCS 25/13.10 | |
| Amends the Illinois Dental Practice Act. Deletes the definition of "public health setting". Provides that, after completion of a training program, a public health dental hygienist may provide services according to the terms of a supervision agreement (rather than may operate in a public health setting that meets the requirements in the Act) with a dentist who is working in or has contracted with a local or State government agency or institution or who is providing services as part of a certified school-based program or school-based oral health program. Provides that care provided by a public health dental hygienist under a supervision agreement may take place in any setting outside of a private dental office. |
| |
| | A BILL FOR |
| | | | SB1982 | | LRB104 09121 AAS 19177 b |
|
| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Dental Practice Act is amended by | 5 | | changing Sections 4 and 13.10 as follows: | 6 | | (225 ILCS 25/4) | 7 | | (Section scheduled to be repealed on January 1, 2026) | 8 | | Sec. 4.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 | 10 | | by the Department in the applicant's or licensee's application | 11 | | file or license file as maintained by the Department's | 12 | | licensure maintenance unit. It is the duty of the applicant or | 13 | | licensee to inform the Department of any change of address and | 14 | | those changes must be made either through the Department's | 15 | | website or by contacting the Department. | 16 | | "Department" means the Department of Financial and | 17 | | Professional Regulation. | 18 | | "Secretary" means the Secretary of Financial and | 19 | | Professional Regulation. | 20 | | "Board" means the Board of Dentistry. | 21 | | "Dentist" means a person who has received a general | 22 | | license pursuant to subsection paragraph (a) of Section 11 of | 23 | | this Act and who may perform any intraoral and extraoral |
| | | SB1982 | - 2 - | LRB104 09121 AAS 19177 b |
|
| 1 | | procedure required in the practice of dentistry and to whom is | 2 | | reserved the responsibilities specified in Section 17. | 3 | | "Dental hygienist" means a person who holds a license | 4 | | under this Act to perform dental services as authorized by | 5 | | Section 18. | 6 | | "Dental assistant" means an appropriately trained person | 7 | | who, under the supervision of a dentist, provides dental | 8 | | services as authorized by Section 17. | 9 | | "Expanded function dental assistant" means a dental | 10 | | assistant who has completed the training required by Section | 11 | | 17.1 of this Act. | 12 | | "Dental laboratory" means a person, firm, or corporation | 13 | | which: | 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 | 20 | | provide 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 | 24 | | dental assistant requiring that a dentist authorize the | 25 | | procedure, remain in the dental facility while the procedure | 26 | | is performed, and approve the work performed by the dental |
| | | SB1982 | - 3 - | LRB104 09121 AAS 19177 b |
|
| 1 | | hygienist or dental assistant before dismissal of the patient, | 2 | | but does not mean that the dentist must be present at all times | 3 | | in the treatment room. | 4 | | "General supervision" means supervision of a dental | 5 | | hygienist requiring that the patient be a patient of record, | 6 | | that the dentist examine the patient in accordance with | 7 | | Section 18 prior to treatment by the dental hygienist, and | 8 | | that the dentist authorize the procedures which are being | 9 | | carried out by a notation in the patient's record, but not | 10 | | requiring that a dentist be present when the authorized | 11 | | procedures are being performed. The issuance of a prescription | 12 | | to a dental laboratory by a dentist does not constitute | 13 | | general supervision. | 14 | | "Public member" means a person who is not a health | 15 | | professional. For purposes of board membership, any person | 16 | | with a significant financial interest in a health service or | 17 | | profession is not a public member. | 18 | | "Dentistry" means the healing art which is concerned with | 19 | | the examination, diagnosis, treatment planning, and care of | 20 | | conditions within the human oral cavity and its adjacent | 21 | | tissues and structures, as further specified in Section 17. | 22 | | "Branches of dentistry" means the various specialties of | 23 | | dentistry which, for purposes of this Act, shall be limited to | 24 | | the following: endodontics, oral and maxillofacial surgery, | 25 | | orthodontics and dentofacial orthopedics, pediatric dentistry, | 26 | | periodontics, prosthodontics, oral and maxillofacial |
| | | SB1982 | - 4 - | LRB104 09121 AAS 19177 b |
|
| 1 | | radiology, and dental anesthesiology. | 2 | | "Specialist" means a dentist who has received a specialty | 3 | | license pursuant to subsection (b) of Section 11 11(b) . | 4 | | "Dental technician" means a person who owns, operates, or | 5 | | is employed by a dental laboratory and engages in making, | 6 | | providing, repairing, or altering dental prosthetic appliances | 7 | | and other artificial materials and devices which are returned | 8 | | to a dentist for insertion into the human oral cavity or which | 9 | | come in contact with its adjacent structures and tissues. | 10 | | "Informed consent" means legally valid consent that is | 11 | | given by a patient or legal guardian, that is recorded in | 12 | | writing or digitally, that authorizes intervention or | 13 | | treatment services from the treating dentist, and that | 14 | | documents agreement to participate in those services and | 15 | | knowledge of the risks, benefits, and alternatives, including | 16 | | the decision to withdraw from or decline treatment. | 17 | | "Impaired dentist" or "impaired dental hygienist" means a | 18 | | dentist or dental hygienist who is unable to practice with | 19 | | reasonable skill and safety because of a physical or mental | 20 | | disability as evidenced by a written determination or written | 21 | | consent based on clinical evidence, including deterioration | 22 | | through the aging process, loss of motor skills, abuse of | 23 | | drugs or alcohol, or a psychiatric disorder, of sufficient | 24 | | degree to diminish the person's ability to deliver competent | 25 | | patient care. | 26 | | "Nurse" means a registered professional nurse, a certified |
| | | SB1982 | - 5 - | LRB104 09121 AAS 19177 b |
|
| 1 | | registered nurse anesthetist licensed as an advanced practice | 2 | | registered nurse, or a licensed practical nurse licensed under | 3 | | the Nurse Practice Act. | 4 | | "Patient of record", except as provided in Section 17.2, | 5 | | means a patient for whom the patient's most recent dentist has | 6 | | obtained a relevant medical and dental history and on whom the | 7 | | dentist has performed a physical examination within the last | 8 | | year and evaluated the condition to be treated, including a | 9 | | review of the patient's most recent x-rays. | 10 | | "Dental responder" means a dentist or dental hygienist who | 11 | | is appropriately certified in disaster preparedness, | 12 | | immunizations, and dental humanitarian medical response | 13 | | consistent with the Society of Disaster Medicine and Public | 14 | | Health and training certified by the National Incident | 15 | | Management System or the National Disaster Life Support | 16 | | Foundation. | 17 | | "Mobile dental van or portable dental unit" means any | 18 | | self-contained or portable dental unit in which dentistry is | 19 | | practiced that can be moved, towed, or transported from one | 20 | | location to another in order to establish a location where | 21 | | dental services can be provided. | 22 | | "Public health dental hygienist" means a hygienist who | 23 | | holds a valid license to practice in the State, has 2 years of | 24 | | full-time clinical experience or an equivalent of 4,000 hours | 25 | | of clinical experience, and has completed at least 42 clock | 26 | | hours of additional structured courses in dental education in |
| | | SB1982 | - 6 - | LRB104 09121 AAS 19177 b |
|
| 1 | | advanced areas specific to public health dentistry. | 2 | | "Public health setting" means a federally qualified health | 3 | | center; a federal, State, or local public health facility; | 4 | | Head Start; a special supplemental nutrition program for | 5 | | Women, Infants, and Children (WIC) facility; a certified | 6 | | school-based health center or school-based oral health | 7 | | program; a prison; or a long-term care facility. | 8 | | "Public health supervision" means the supervision of a | 9 | | public health dental hygienist by a licensed dentist who has a | 10 | | written public health supervision agreement with that public | 11 | | health dental hygienist while working in an approved facility | 12 | | or program that allows the public health dental hygienist to | 13 | | treat patients, without a dentist first examining the patient | 14 | | and being present in the facility during treatment, (1) who | 15 | | are eligible for Medicaid or (2) who are uninsured or whose | 16 | | household income is not greater than 300% of the federal | 17 | | poverty level. | 18 | | "Teledentistry" means the use of telehealth systems and | 19 | | methodologies in dentistry and includes patient diagnosis, | 20 | | treatment planning, care, and education delivery for a patient | 21 | | of record using synchronous and asynchronous communications | 22 | | under an Illinois licensed dentist's authority as provided | 23 | | under this Act. | 24 | | "Moderate sedation" means a drug-induced depression of | 25 | | consciousness during which: (1) patients respond purposefully | 26 | | to verbal commands, either alone or accompanied by light |
| | | SB1982 | - 7 - | LRB104 09121 AAS 19177 b |
|
| 1 | | tactile stimulation; (2) no interventions are required to | 2 | | maintain a patient's airway and spontaneous ventilation is | 3 | | adequate; and (3) cardiovascular function is usually | 4 | | maintained. | 5 | | "Deep sedation" means a drug-induced depression of | 6 | | consciousness during which: (1) patients cannot be easily | 7 | | aroused, but respond purposefully following repeated or | 8 | | painful stimulation; (2) the ability to independently maintain | 9 | | ventilatory function may be impaired; (3) patients may require | 10 | | assistance in maintaining airways and spontaneous ventilation | 11 | | may be inadequate; and (4) cardiovascular function is usually | 12 | | maintained. | 13 | | "General anesthesia" means a drug-induced loss of | 14 | | consciousness during which: (1) patients are not arousable, | 15 | | even by painful stimulation; (2) the ability to independently | 16 | | maintain ventilatory function is often impaired; (3) patients | 17 | | often require assistance in maintaining airways and positive | 18 | | pressure ventilation may be required because of depressed | 19 | | spontaneous ventilation or drug-induced depression of | 20 | | neuromuscular function; and (4) cardiovascular function may be | 21 | | impaired. | 22 | | "Venipuncture" means the puncture of a vein as part of a | 23 | | medical procedure, typically to withdraw a blood sample or for | 24 | | an intravenous catheter for the administration of medication | 25 | | or fluids. | 26 | | "Enteral route of administration" means administration of |
| | | SB1982 | - 8 - | LRB104 09121 AAS 19177 b |
|
| 1 | | a drug that is absorbed through the gastrointestinal tract or | 2 | | through oral, rectal, or sublingual mucosa. | 3 | | "Parenteral route of administration" means administration | 4 | | of a drug by which the drug bypasses the gastrointestinal | 5 | | tract through intramuscular, intravenous, intranasal, | 6 | | submucosal, subcutaneous, or intraosseous methods. | 7 | | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | 8 | | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | 9 | | 1-1-24; 103-605, eff. 7-1-24; 103-628, eff. 7-1-24; 103-902, | 10 | | eff. 8-9-24; revised 10-10-24.) | 11 | | (225 ILCS 25/13.10) | 12 | | (Section scheduled to be repealed on January 1, 2026) | 13 | | Sec. 13.10. Public health dental hygienist supervision | 14 | | agreement. After completion of the requirements of Section | 15 | | 13.5, a public health dental hygienist may provide services | 16 | | according to the terms of the supervision agreement with | 17 | | operate in a public health setting that meets the requirements | 18 | | of Section 18.1 with a dentist who is working in or has | 19 | | contracted with a local or State government agency or | 20 | | institution or who is providing services as part of a | 21 | | certified school-based program or school-based oral health | 22 | | program. Care provided by a public health dental hygienist | 23 | | under a supervision agreement may take place in any setting | 24 | | outside of a private dental office. | 25 | | (Source: P.A. 101-64, eff. 7-12-19.) |
|