Illinois General Assembly - Full Text of SB1602
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Full Text of SB1602  97th General Assembly


Sen. Michael W. Frerichs

Filed: 3/25/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1602 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 16, 16.1, 17, 18, and 50 as follows:
6    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 4. Definitions. As used in this Act:
9    (a) "Department" means the Illinois Department of
10Professional Regulation.
11    (b) "Director" means the Director of Professional
13    (c) "Board" means the Board of Dentistry established by
14Section 6 of this Act.
15    (d) "Dentist" means a person who has received a general
16license pursuant to paragraph (a) of Section 11 of this Act and



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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    (e) "Dental hygienist" means a person who holds a license
5under this Act to perform dental services as authorized by
6Section 18.
7    (f) "Dental assistant" means an appropriately trained
8person who, under the supervision of a dentist, provides dental
9services as authorized by Section 17.
10    (g) "Dental laboratory" means a person, firm or corporation
12        (i) engages in making, providing, repairing or
13    altering dental prosthetic appliances and other artificial
14    materials and devices which are returned to a dentist for
15    insertion into the human oral cavity or which come in
16    contact with its adjacent structures and tissues; and
17        (ii) utilizes or employs a dental technician to provide
18    such services; and
19        (iii) performs such functions only for a dentist or
20    dentists.
21    (h) "Supervision" means supervision of a dental hygienist
22or a dental assistant requiring that a dentist authorize the
23procedure, remain in the dental facility while the procedure is
24performed, and approve the work performed by the dental
25hygienist or dental assistant before dismissal of the patient,
26but does not mean that the dentist must be present at all times



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



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



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1response, as defined by the Department of Public Health.
2    (s) "Mobile dental van or portable dental unit" means any
3self-contained or portable dental unit in which dentistry is
4practiced that can be moved, towed, or transported from one
5location to another in order to establish a location where
6dental services can be provided.
7(Source: P.A. 94-409, eff. 12-31-05; 95-639, eff. 10-5-07.)
8    (225 ILCS 25/16)  (from Ch. 111, par. 2316)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 16. Expiration, renewal and restoration of licenses.
11The expiration date and renewal date for each license issued
12under this Act shall be set by rule. The renewal period for
13each license issued under this Act shall be 3 years. A dentist
14or dental hygienist may renew a license during the month
15preceding its expiration date by paying the required fee. A
16dentist or dental hygienist shall provide proof of current
17Basic Life Support (BLS) cardiopulmonary resuscitation
18certification by an organization that has adopted the American
19Heart Association's guidelines on BLS intended for health care
20providers at the time of renewal. Basic Life Support
21Cardiopulmonary resuscitation certification training taken as
22a requirement of this Section shall be counted for no more than
234 hours during each licensure period towards the continuing
24education hours under Section 16.1 of this Act. The Department
25shall provide by rule for exemptions from this requirement for



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1a dentist or dental hygienist with a physical disability that
2would preclude him or her from performing BLS.
3    Any dentist or dental hygienist whose license has expired
4or whose license is on inactive status may have his license
5restored at any time within 5 years after the expiration
6thereof, upon payment of the required fee and a showing of
7proof of compliance with current continuing education
8requirements, as provided by rule.
9    Any person whose license has been expired for more than 5
10years or who has had his license on inactive status for more
11than 5 years may have his license restored by making
12application to the Department and filing proof acceptable to
13the Department of taking continuing education and of his
14fitness to have the license restored, including sworn evidence
15certifying to active practice in another jurisdiction, and by
16paying the required restoration fee. A person practicing on an
17expired license is deemed to be practicing without a license.
18However, a holder of a license may renew the license within 90
19days after its expiration by complying with the requirements
20for renewal and payment of an additional fee. A license renewal
21within 90 days after expiration shall be effective
22retroactively to the expiration date.
23    If a person whose license has expired or who has had his
24license on inactive status for more than 5 years has not
25maintained an active practice satisfactory to the department,
26the Department shall determine, by an evaluation process



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1established by rule, his or her fitness to resume active status
2and may require the person to complete a period of evaluated
3clinical experience and may require successful completion of a
4practical examination.
5    However, any person whose license has expired while he has
6been engaged (1) in federal or state service active duty, or
7(2) in training or education under the supervision of the
8United States preliminary to induction into the military
9service, may have his license restored without paying any
10lapsed renewal or restoration fee, if within 2 years after
11termination of such service, training or education other than
12by dishonorable discharge, he furnishes the Department with
13satisfactory proof that he has been so engaged and that his
14service, training or education has been so terminated.
15(Source: P.A. 96-617, eff. 8-24-09.)
16    (225 ILCS 25/16.1)  (from Ch. 111, par. 2316.1)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 16.1. Continuing education. The Department shall
19promulgate rules of continuing education for persons licensed
20under this Act. In establishing rules, the Department shall
21require a minimum of 48 hours of study in approved courses for
22dentists during each 3-year licensing period and a minimum of
2336 hours of study in approved courses for dental hygienists
24during each 3-year licensing period.
25    The Department shall approve only courses that are relevant



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1to the treatment and care of patients, including, but not
2limited to, clinical courses in dentistry and dental hygiene
3and nonclinical courses such as patient management, legal and
4ethical responsibilities, and stress management. The
5Department shall allow up to 4 hours of continuing education
6credit hours per license renewal period for volunteer hours
7spent providing clinical services at, or sponsored by, a
8nonprofit community clinic, local or state health department,
9or a charity event. Courses shall not be approved in such
10subjects as estate and financial planning, investments, or
11personal health. Approved courses may include, but shall not be
12limited to, courses that are offered or sponsored by approved
13colleges, universities, and hospitals and by recognized
14national, State, and local dental and dental hygiene
16    No license shall be renewed unless the renewal application
17is accompanied by an affidavit indicating that the applicant
18has completed the required minimum number of hours of
19continuing education in approved courses as required by this
20Section. The affidavit shall not require a listing of courses.
21The affidavit shall be a prima facie evidence that the
22applicant has obtained the minimum number of required
23continuing education hours in approved courses. The Department
24shall not be obligated to conduct random audits or otherwise
25independently verify that an applicant has met the continuing
26education requirement. The Department, however, may not



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1conduct random audits of more than 10% of the licensed dentists
2and dental hygienists in any one licensing cycle to verify
3compliance with continuing education requirements. If the
4Department, however, receives a complaint that a licensee has
5not completed the required continuing education or if the
6Department is investigating another alleged violation of this
7Act by a licensee, the Department may demand and shall be
8entitled to receive evidence from any licensee of completion of
9required continuing education courses for the most recently
10completed 3-year licensing period. Evidence of continuing
11education may include, but is not limited to, canceled checks,
12official verification forms of attendance, and continuing
13education recording forms, that demonstrate a reasonable
14record of attendance. The Illinois State Board of Dentistry
15shall determine, in accordance with rules adopted by the
16Department, whether a licensee or applicant has met the
17continuing education requirements. Any dentist who holds more
18than one license under this Act shall be required to complete
19only the minimum number of hours of continuing education
20required for renewal of a single license. The Department may
21provide exemptions from continuing education requirements. The
22exemptions shall include, but shall not be limited to, dentists
23and dental hygienists who agree not to practice within the
24State during the licensing period because they are retired from
26(Source: P.A. 94-409, eff. 12-31-05.)



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1    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 17. Acts Constituting the Practice of Dentistry. A
4person practices dentistry, within the meaning of this Act:
5        (1) Who represents himself as being able to diagnose or
6    diagnoses, treats, prescribes, or operates for any
7    disease, pain, deformity, deficiency, injury, or physical
8    condition of the human tooth, teeth, alveolar process, gums
9    or jaw; or
10        (2) Who is a manager, proprietor, operator or conductor
11    of a business where dental operations are performed; or
12        (3) Who performs dental operations of any kind; or
13        (4) Who uses an X-Ray machine or X-Ray films for dental
14    diagnostic purposes; or
15        (5) Who extracts a human tooth or teeth, or corrects or
16    attempts to correct malpositions of the human teeth or
17    jaws; or
18        (6) Who offers or undertakes, by any means or method,
19    to diagnose, treat or remove stains, calculus, and bonding
20    materials from human teeth or jaws; or
21        (7) Who uses or administers local or general
22    anesthetics in the treatment of dental or oral diseases or
23    in any preparation incident to a dental operation of any
24    kind or character; or
25        (8) Who takes impressions of the human tooth, teeth, or



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1    jaws or performs any phase of any operation incident to the
2    replacement of a part of a tooth, a tooth, teeth or
3    associated tissues by means of a filling, crown, a bridge,
4    a denture or other appliance; or
5        (9) Who offers to furnish, supply, construct,
6    reproduce or repair, or who furnishes, supplies,
7    constructs, reproduces or repairs, prosthetic dentures,
8    bridges or other substitutes for natural teeth, to the user
9    or prospective user thereof; or
10        (10) Who instructs students on clinical matters or
11    performs any clinical operation included in the curricula
12    of recognized dental schools and colleges; or
13        (11) Who takes impressions of human teeth or places his
14    or her hands in the mouth of any person for the purpose of
15    applying teeth whitening materials, or who takes
16    impressions of human teeth or places his or her hands in
17    the mouth of any person for the purpose of assisting in the
18    application of teeth whitening materials. A person does not
19    practice dentistry when he or she discloses to the consumer
20    that he or she is not licensed as a dentist under this Act
21    and (i) discusses the use of teeth whitening materials with
22    a consumer purchasing these materials; (ii) provides
23    instruction on the use of teeth whitening materials with a
24    consumer purchasing these materials; or (iii) provides
25    appropriate equipment on-site to the consumer for the
26    consumer to self-apply teeth whitening materials.



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1    The fact that any person engages in or performs, or offers
2to engage in or perform, any of the practices, acts, or
3operations set forth in this Section, shall be prima facie
4evidence that such person is engaged in the practice of
6    The following practices, acts, and operations, however,
7are exempt from the operation of this Act:
8        (a) The rendering of dental relief in emergency cases
9    in the practice of his or her profession by a physician or
10    surgeon, licensed as such under the laws of this State,
11    unless he undertakes to reproduce or reproduces lost parts
12    of the human teeth in the mouth or to restore or replace
13    lost or missing teeth in the mouth; or
14        (b) The practice of dentistry in the discharge of their
15    official duties by dentists in any branch of the Armed
16    Services of the United States, the United States Public
17    Health Service, or the United States Veterans
18    Administration; or
19        (c) The practice of dentistry by students in their
20    course of study in dental schools or colleges approved by
21    the Department, when acting under the direction and
22    supervision of dentists acting as instructors; or
23        (d) The practice of dentistry by clinical instructors
24    in the course of their teaching duties in dental schools or
25    colleges approved by the Department:
26            (i) when acting under the direction and



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1        supervision of dentists, provided that such clinical
2        instructors have instructed continuously in this State
3        since January 1, 1986; or
4            (ii) when holding the rank of full professor at
5        such approved dental school or college and possessing a
6        current valid license or authorization to practice
7        dentistry in another country; or
8        (e) The practice of dentistry by licensed dentists of
9    other states or countries at meetings of the Illinois State
10    Dental Society or component parts thereof, alumni meetings
11    of dental colleges, or any other like dental organizations,
12    while appearing as clinicians; or
13        (f) The use of X-Ray machines for exposing X-Ray films
14    of dental or oral tissues by dental hygienists or dental
15    assistants; or
16        (g) The performance of any dental service by a dental
17    assistant, if such service is performed under the
18    supervision and full responsibility of a dentist.
19        For purposes of this paragraph (g), "dental service" is
20    defined to mean any intraoral procedure or act which shall
21    be prescribed by rule or regulation of the Department.
22    Dental service, however, shall not include:
23            (1) Any and all diagnosis of or prescription for
24        treatment of disease, pain, deformity, deficiency,
25        injury or physical condition of the human teeth or
26        jaws, or adjacent structures.



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1            (2) Removal of, or restoration of, or addition to
2        the hard or soft tissues of the oral cavity, except for
3        the placing, carving, and finishing of amalgam
4        restorations by dental assistants who have had
5        additional formal education and certification as
6        determined by the Department.
7            (3) Any and all correction of malformation of teeth
8        or of the jaws.
9            (4) Administration of anesthetics, except for
10        application of topical anesthetics and monitoring of
11        nitrous oxide. Monitoring of nitrous oxide may be
12        performed after successful completion of a training
13        program approved by the Department.
14            (5) Removal of calculus from human teeth.
15            (6) Taking of impressions for the fabrication of
16        prosthetic appliances, crowns, bridges, inlays,
17        onlays, or other restorative or replacement dentistry.
18            (7) The operative procedure of dental hygiene
19        consisting of oral prophylactic procedures, except for
20        coronal polishing, which may be performed by a dental
21        assistant who has successfully completed a training
22        program approved by the Department. Dental assistants
23        may perform coronal polishing under the following
24        circumstances: (i) the coronal polishing shall be
25        limited to polishing the clinical crown of the tooth
26        and existing restorations, supragingivally; (ii) the



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1        dental assistant performing the coronal polishing
2        shall be limited to the use of rotary instruments using
3        a rubber cup or brush polishing method (air polishing
4        is not permitted); and (iii) the supervising dentist
5        shall not supervise more than 4 dental assistants at
6        any one time for the task of coronal polishing.
7        (h) The practice of dentistry by an individual who:
8            (i) has applied in writing to the Department, in
9        form and substance satisfactory to the Department, for
10        a general dental license and has complied with all
11        provisions of Section 9 of this Act, except for the
12        passage of the examination specified in subsection
13        (e), of Section 9, of this Act; or
14            (ii) has applied in writing to the Department, in
15        form and substance satisfactory to the Department, for
16        a temporary dental license and has complied with all
17        provisions of subsection (c), of Section 11, of this
18        Act; and
19            (iii) has been accepted or appointed for specialty
20        or residency training by a hospital situated in this
21        State; or
22            (iv) has been accepted or appointed for specialty
23        training in an approved dental program situated in this
24        State; or
25            (v) has been accepted or appointed for specialty
26        training in a dental public health agency situated in



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1        this State.
2        The applicant shall be permitted to practice dentistry
3    for a period of 3 months from the starting date of the
4    program, unless authorized in writing by the Department to
5    continue such practice for a period specified in writing by
6    the Department.
7        The applicant shall only be entitled to perform such
8    acts as may be prescribed by and incidental to their
9    program of residency or specialty training and shall not
10    otherwise engage in the practice of dentistry in this
11    State.
12        The authority to practice shall terminate immediately
13    upon:
14            (1) the decision of the Department that the
15        applicant has failed the examination; or
16            (2) denial of licensure by the Department; or
17            (3) withdrawal of the application.
18(Source: P.A. 96-617, eff. 8-24-09.)
19    (225 ILCS 25/18)   (from Ch. 111, par. 2318)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 18. Acts constituting the practice of dental hygiene;
23    (a) A person practices dental hygiene within the meaning of
24this Act when he or she performs the following acts under the
25supervision of a dentist:



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1            (i) the operative procedure of dental hygiene,
2        consisting of oral prophylactic procedures;
3            (ii) the exposure and processing of X-Ray films of
4        the teeth and surrounding structures;
5            (iii) the application to the surfaces of the teeth
6        or gums of chemical compounds designed to be
7        desensitizing agents or effective agents in the
8        prevention of dental caries or periodontal disease;
9            (iv) all services which may be performed by a
10        dental assistant as specified by rule pursuant to
11        Section 17, and a dental hygienist may engage in the
12        placing, carving, and finishing of amalgam
13        restorations only after obtaining formal education and
14        certification as determined by the Department;
15            (v) administration and monitoring of nitrous oxide
16        upon successful completion of a training program
17        approved by the Department;
18            (vi) administration of local anesthetics upon
19        successful completion of a training program approved
20        by the Department; and
21            (vii) such other procedures and acts as shall be
22        prescribed by rule or regulation of the Department.
23    (b) A dental hygienist may be employed or engaged only:
24        (1) by a dentist;
25        (2) by a federal, State, county, or municipal agency or
26    institution;



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1        (3) by a public or private school; or
2        (4) by a public clinic operating under the direction of
3    a hospital or federal, State, county, municipal, or other
4    public agency or institution.
5    (c) When employed or engaged in the office of a dentist, a
6dental hygienist may perform, under general supervision, those
7procedures found in items (i) through (iv) of subsection (a) of
8this Section, provided the patient has been examined by the
9dentist within one year of the provision of dental hygiene
10services, the dentist has approved the dental hygiene services
11by a notation in the patient's record and the patient has been
12notified that the dentist may be out of the office during the
13provision of dental hygiene services.
14    (d) If a patient of record is unable to travel to a dental
15office because of illness, infirmity, or imprisonment, a dental
16hygienist may perform, under the general supervision of a
17dentist, those procedures found in items (i) through (iv) of
18subsection (a) of this Section, provided the patient is located
19in a long-term care facility licensed by the State of Illinois,
20a mental health or developmental disability facility, or a
21State or federal prison. The dentist shall personally examine
22and diagnose the patient and determine which services are
23necessary to be performed, which shall be contained in an order
24to the hygienist and a notation in the patient's record. Such
25order must be implemented within 120 days of its issuance, and
26an updated medical history and observation of oral conditions



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1must be performed by the hygienist immediately prior to
2beginning the procedures to ensure that the patient's health
3has not changed in any manner to warrant a reexamination by the
5    (e) School-based oral health care, consisting of and
6limited to oral prophylactic procedures, sealants, and
7fluoride treatments, may be provided by a dental hygienist
8under the general supervision of a dentist. A dental hygienist
9may not provide other dental hygiene treatment in a
10school-based setting, including but not limited to
11administration or monitoring of nitrous oxide or
12administration of local anesthetics. The school-based
13procedures may be performed provided the patient is located at
14a public or private school and the program is being conducted
15by a State, county or local public health department initiative
16or in conjunction with a dental school or dental hygiene
17program. The dentist shall personally examine and diagnose the
18patient and determine which services are necessary to be
19performed, which shall be contained in an order to the
20hygienist and a notation in the patient's record. Any such
21order for sealants must be implemented within 120 days after
22its issuance. Any such order for oral prophylactic procedures
23or fluoride treatments must be implemented within 180 days
24after its issuance. An updated medical history and observation
25of oral conditions must be performed by the hygienist
26immediately prior to beginning the procedures to ensure that



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1the patient's health has not changed in any manner to warrant a
2reexamination by the dentist.
3    (f) Without the supervision of a dentist, a dental
4hygienist may perform dental health education functions and may
5record case histories and oral conditions observed.
6    (g) The number of dental hygienists practicing in a dental
7office shall not exceed, at any one time, 4 times the number of
8dentists practicing in the office at the time.
9(Source: P.A. 93-113, eff. 1-1-04; 93-821, eff. 7-28-04.)
10    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 50. Patient Records. Every dentist shall make a record
13of all dental work performed for each patient. The record shall
14be made in a manner and in sufficient detail that it may be
15used for identification purposes.
16    Dental records required by this Section shall be maintained
17for 10 years. Dental records required to be maintained under
18this Section, or copies of those dental records, shall be made
19available upon request to the patient or the patient's
20guardian. A dentist shall be entitled to reasonable
21reimbursement for the cost of reproducing these records, which
22shall not exceed the cost allowed under Section 8-2003 of the
23Code of Civil Procedure. A dentist providing services through a
24mobile dental van or portable dental unit shall provide to the
25patient or the patient's parent or guardian, in writing, the



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1dentist's name, license number, address, and information on how
2the patient or the patient's parent or guardian may obtain the
3patient's dental records, as provided by law.
4(Source: P.A. 94-409, eff. 12-31-05.)
5    Section 99. Effective date. This Act takes effect January
61, 2012.".