Full Text of SB1509 103rd General Assembly
SB1509sam004 103RD GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 3/29/2023
| | 10300SB1509sam004 | | LRB103 26930 SPS 60190 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1509
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1509, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Dental Practice Act is amended by | 6 | | changing Sections 4, 17, 18.1, and 26 and by adding Section | 7 | | 46.5 as follows:
| 8 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| 9 | | (Section scheduled to be repealed on January 1, 2026)
| 10 | | Sec. 4. Definitions. As used in this Act:
| 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's or licensee's application | 13 | | file or license file as maintained by the Department's | 14 | | licensure maintenance unit. It is the duty of the applicant or | 15 | | licensee to inform the Department of any change of address and | 16 | | those changes must be made either through the Department's |
| | | 10300SB1509sam004 | - 2 - | LRB103 26930 SPS 60190 a |
|
| 1 | | website or by contacting the Department. | 2 | | "Department" means the Department of Financial and | 3 | | Professional Regulation.
| 4 | | "Secretary" means the Secretary of Financial and | 5 | | Professional Regulation.
| 6 | | "Board" means the Board of Dentistry.
| 7 | | "Dentist" means a person who has received a general | 8 | | license pursuant
to paragraph (a) of Section 11 of this Act and | 9 | | who may perform any intraoral
and extraoral procedure required | 10 | | in the practice of dentistry and to whom is
reserved the | 11 | | responsibilities specified in Section 17.
| 12 | | "Dental hygienist" means a person who holds a license | 13 | | under this Act to
perform dental services as authorized by | 14 | | Section 18.
| 15 | | "Dental assistant" means an appropriately trained person
| 16 | | who, under the supervision of a dentist, provides dental | 17 | | services
as authorized by Section 17.
| 18 | | "Expanded function dental assistant" means a dental | 19 | | assistant who has completed the training required by Section | 20 | | 17.1 of this Act. | 21 | | "Dental laboratory" means a person, firm or corporation | 22 | | which:
| 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 |
| | | 10300SB1509sam004 | - 3 - | LRB103 26930 SPS 60190 a |
|
| 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 | 7 | | dental
assistant requiring that a dentist authorize the | 8 | | procedure, remain in the
dental facility while the procedure | 9 | | is performed, and approve the work
performed by the dental | 10 | | hygienist or dental assistant before dismissal of
the patient, | 11 | | but does not mean that the dentist must be present at all
times | 12 | | in the treatment room.
| 13 | | "General supervision" means supervision of a dental | 14 | | hygienist
requiring that the patient be a patient of record,
| 15 | | that the dentist
examine the patient in accordance with | 16 | | Section 18 prior to treatment by the
dental hygienist, and | 17 | | that the
dentist authorize the procedures which
are being | 18 | | carried
out by a notation in the patient's record, but not | 19 | | requiring that a dentist
be present when the authorized
| 20 | | procedures are being performed. The
issuance of a prescription | 21 | | to a dental laboratory by a
dentist does not constitute | 22 | | general supervision.
| 23 | | "Public member" means a person who is not a health | 24 | | professional.
For purposes of board membership, any person | 25 | | with a significant financial
interest in a health service or | 26 | | profession is not a public member.
|
| | | 10300SB1509sam004 | - 4 - | LRB103 26930 SPS 60190 a |
|
| 1 | | "Dentistry" means the healing art which is concerned with | 2 | | the
examination, diagnosis, treatment planning and care of | 3 | | conditions within
the human oral cavity and its adjacent | 4 | | tissues and structures, as further
specified in Section 17.
| 5 | | "Branches of dentistry" means the various specialties of | 6 | | dentistry
which, for purposes of this Act, shall be limited to | 7 | | the following:
endodontics, oral and maxillofacial surgery, | 8 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| 9 | | periodontics, prosthodontics, oral and maxillofacial
| 10 | | radiology, and dental anesthesiology.
| 11 | | "Specialist" means a dentist who has received a specialty | 12 | | license
pursuant to Section 11(b).
| 13 | | "Dental technician" means a person who owns, operates , or | 14 | | is
employed by a dental laboratory and engages in making, | 15 | | providing, repairing ,
or altering dental prosthetic appliances | 16 | | and other artificial materials and
devices which are returned | 17 | | to a dentist for insertion into the human oral
cavity or which | 18 | | come in contact with its adjacent structures and tissues.
| 19 | | "Informed consent" means legally valid consent that is | 20 | | given by a patient or legal guardian, that is recorded in | 21 | | writing or digitally, that authorizes intervention or | 22 | | treatment services from the treating dentist, and that | 23 | | documents agreement to participate in those services and | 24 | | knowledge of the risks, benefits, and alternatives, including | 25 | | the decision to withdraw from or decline treatment. | 26 | | "Impaired dentist" or "impaired dental hygienist" means a |
| | | 10300SB1509sam004 | - 5 - | LRB103 26930 SPS 60190 a |
|
| 1 | | dentist
or dental hygienist who is unable to practice with
| 2 | | reasonable skill and safety because of a physical or mental | 3 | | disability as
evidenced by a written determination or written | 4 | | consent based on clinical
evidence, including deterioration | 5 | | through the aging process, loss of motor
skills, abuse of | 6 | | drugs or alcohol, or a psychiatric disorder, of sufficient
| 7 | | degree to diminish the person's ability to deliver competent | 8 | | patient care.
| 9 | | "Nurse" means a registered professional nurse, a certified | 10 | | registered
nurse anesthetist licensed as an advanced practice
| 11 | | registered nurse, or a licensed practical nurse licensed under | 12 | | the Nurse Practice Act.
| 13 | | "Patient of record" means a patient for whom the patient's | 14 | | most recent
dentist has obtained
a
relevant medical and dental | 15 | | history and on whom the dentist has performed a physical an
| 16 | | examination within the last year and evaluated the condition | 17 | | to be treated , including a review of the patient's most recent
| 18 | | x-rays .
| 19 | | "Dental responder" means a dentist or dental hygienist who | 20 | | is appropriately certified in disaster preparedness, | 21 | | immunizations, and dental humanitarian medical response | 22 | | consistent with the Society of Disaster Medicine and Public | 23 | | Health and training certified by the National Incident | 24 | | Management System or the National Disaster Life Support | 25 | | Foundation.
| 26 | | "Mobile dental van or portable dental unit" means any |
| | | 10300SB1509sam004 | - 6 - | LRB103 26930 SPS 60190 a |
|
| 1 | | self-contained or portable dental unit in which dentistry is | 2 | | practiced that can be moved, towed, or transported from one | 3 | | location to another in order to establish a location where | 4 | | dental services can be provided. | 5 | | "Public health dental hygienist" means a hygienist who | 6 | | holds a valid license to practice in the State, has 2 years of | 7 | | full-time clinical experience or an equivalent of 4,000 hours | 8 | | of clinical experience , and has completed at least 42 clock | 9 | | hours of additional structured courses in dental education in | 10 | | advanced areas specific to public health dentistry. | 11 | | "Public health setting" means a federally qualified health | 12 | | center; a federal, State, or local public health facility; | 13 | | Head Start; a special supplemental nutrition program for | 14 | | Women, Infants, and Children (WIC) facility; a certified | 15 | | school-based health center or school-based oral health | 16 | | program; a prison; or a long-term care facility. | 17 | | "Public health supervision" means the supervision of a | 18 | | public health dental hygienist by a licensed dentist who has a | 19 | | written public health supervision agreement with that public | 20 | | health dental hygienist while working in an approved facility | 21 | | or program that allows the public health dental hygienist to | 22 | | treat patients, without a dentist first examining the patient | 23 | | and being present in the facility during treatment, (1) who | 24 | | are eligible for Medicaid or (2) who are uninsured and whose | 25 | | household income is not greater than 200% of the federal | 26 | | poverty level. |
| | | 10300SB1509sam004 | - 7 - | LRB103 26930 SPS 60190 a |
|
| 1 | | "Teledentistry" means the use of telehealth systems and | 2 | | methodologies in dentistry and includes patient diagnosis, | 3 | | treatment planning, care , and education delivery for a patient
| 4 | | of record using synchronous and asynchronous communications | 5 | | under an Illinois licensed a dentist's authority as provided | 6 | | under this Act. | 7 | | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | 8 | | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. | 9 | | 1-1-23 .)
| 10 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| 11 | | (Section scheduled to be repealed on January 1, 2026)
| 12 | | Sec. 17. Acts constituting the practice of dentistry. A | 13 | | person
practices dentistry, within the meaning of this Act:
| 14 | | (1) Who represents himself or herself as being able to | 15 | | diagnose or diagnoses,
treats, prescribes, or operates for | 16 | | any disease, pain, deformity, deficiency,
injury, or | 17 | | physical condition of the human tooth, teeth, alveolar | 18 | | process,
gums , or jaw; or
| 19 | | (2) Who is a manager, proprietor, operator , or | 20 | | conductor of a
business where
dental operations are | 21 | | performed; or
| 22 | | (3) Who performs dental operations of any kind; or
| 23 | | (4) Who uses an X-Ray machine or X-Ray films for
| 24 | | dental diagnostic purposes; or
| 25 | | (5) Who extracts a human tooth or teeth, or corrects |
| | | 10300SB1509sam004 | - 8 - | LRB103 26930 SPS 60190 a |
|
| 1 | | or attempts to
correct
malpositions of the human teeth or | 2 | | jaws; or
| 3 | | (6) Who offers or undertakes, by any means or method, | 4 | | to diagnose, treat ,
or remove stains, calculus, and | 5 | | bonding materials from human teeth or jaws; or
| 6 | | (7) Who uses or administers local or general | 7 | | anesthetics in the treatment
of dental or oral diseases or | 8 | | in any preparation incident to a dental operation
of any | 9 | | kind or character; or
| 10 | | (8) Who takes material or digital scans for final | 11 | | impressions of the human tooth, teeth, or jaws or performs
| 12 | | any phase of any operation incident to the replacement of | 13 | | a part of a tooth,
a tooth, teeth , or associated tissues by | 14 | | means of a filling, crown, a bridge,
a denture , or other | 15 | | appliance; or
| 16 | | (9) Who offers to furnish, supply, construct, | 17 | | reproduce , or repair, or
who furnishes, supplies, | 18 | | constructs, reproduces , or repairs, prosthetic
dentures, | 19 | | bridges , or other substitutes for natural teeth, to the | 20 | | user or
prospective user thereof; or
| 21 | | (10) Who instructs students on clinical matters or | 22 | | performs any clinical
operation included in the curricula | 23 | | of recognized dental schools and colleges; or
| 24 | | (11) Who takes material or digital scans for final | 25 | | impressions of human teeth or places his or her hands in | 26 | | the mouth of any person for the purpose of applying teeth |
| | | 10300SB1509sam004 | - 9 - | LRB103 26930 SPS 60190 a |
|
| 1 | | whitening materials, or who takes impressions of human | 2 | | teeth or places his or her hands in the mouth of any person | 3 | | for the purpose of assisting in the application of teeth | 4 | | whitening materials. A person does not practice dentistry | 5 | | when he or she discloses to the consumer that he or she is | 6 | | not licensed as a dentist under this Act and (i) discusses | 7 | | the use of teeth whitening materials with a consumer | 8 | | purchasing these materials; (ii) provides instruction on | 9 | | the use of teeth whitening materials with a consumer | 10 | | purchasing these materials; or (iii) provides appropriate | 11 | | equipment on-site to the consumer for the consumer to | 12 | | self-apply teeth whitening materials ; or . | 13 | | (12) Who provides teledentistry. A dentist may provide | 14 | | and
delegate dental services using telehealth only under | 15 | | the
supervision requirements as specified in this Act for
| 16 | | in-person care. A dentist may only practice or utilize | 17 | | teledentistry on a patient of record. A dentist practicing | 18 | | dentistry through
teledentistry is subject to the same | 19 | | standard of care as
if those services were being delivered | 20 | | in a clinic or
office setting. A patient receiving dental | 21 | | services
through teledentistry shall be provided with the | 22 | | name,
direct telephone number, and physical practice | 23 | | address of
the treating dentist who will be providing the
| 24 | | teledentistry services. The information shall be provided
| 25 | | to the patient prior to the provision of services. Prior | 26 | | to providing teledentistry services to a patient, a |
| | | 10300SB1509sam004 | - 10 - | LRB103 26930 SPS 60190 a |
|
| 1 | | dentist must obtain informed consent from the patient as | 2 | | to the treatment proposed to be offered through | 3 | | teledentistry by the dentist. A licensed dentist may | 4 | | practice teledentistry as authorized by this Act and the | 5 | | Telehealth Act. If there is any conflict between the | 6 | | provisions of this Act and the provisions of the | 7 | | Telehealth Act, the provisions of this Act prevail. The
| 8 | | Department may adopt rules to implement this paragraph. | 9 | | The fact that any person engages in or performs, or offers | 10 | | to engage in
or perform, any of the practices, acts, or | 11 | | operations set forth in this
Section, shall be prima facie | 12 | | evidence that such person is engaged in the
practice of | 13 | | dentistry.
| 14 | | The following practices, acts, and operations, however, | 15 | | are exempt from
the operation of this Act:
| 16 | | (a) The rendering of dental relief in emergency cases | 17 | | in the practice
of his or her profession by a physician or | 18 | | surgeon, licensed as such
under the laws of this State, | 19 | | unless he or she undertakes to reproduce or reproduces
| 20 | | lost parts of the human teeth in the mouth or to restore or | 21 | | replace lost
or missing teeth in the mouth; or
| 22 | | (b) The practice of dentistry in the discharge of | 23 | | their official duties
by dentists in any branch of the | 24 | | Armed Services of the United States, the
United States | 25 | | Public Health Service, or the United States Veterans
| 26 | | Administration; or
|
| | | 10300SB1509sam004 | - 11 - | LRB103 26930 SPS 60190 a |
|
| 1 | | (c) The practice of dentistry by students in their | 2 | | course of study
in dental schools or colleges approved by | 3 | | the Department, when acting under the
direction and | 4 | | supervision of dentists acting as instructors; or
| 5 | | (d) The practice of dentistry by clinical instructors | 6 | | in the course of
their teaching duties in dental schools | 7 | | or colleges approved by the
Department:
| 8 | | (i) when acting under the direction and | 9 | | supervision of dentists,
provided that such clinical | 10 | | instructors have instructed continuously in
this State | 11 | | since January 1, 1986; or
| 12 | | (ii) when holding the rank of full professor at | 13 | | such approved dental
school or college and possessing | 14 | | a current valid license or authorization
to practice | 15 | | dentistry in another country; or
| 16 | | (e) The practice of dentistry by licensed dentists of | 17 | | other states or
countries at meetings of the Illinois | 18 | | State Dental Society or component
parts thereof, alumni | 19 | | meetings of dental colleges, or any other like dental
| 20 | | organizations, while appearing as clinicians; or
| 21 | | (f) The use of X-Ray machines for exposing X-Ray films | 22 | | of dental or oral
tissues by dental hygienists or dental | 23 | | assistants; or
| 24 | | (g) The performance of any dental service by a dental | 25 | | assistant, if such
service is performed under the | 26 | | supervision and full responsibility of a
dentist. In |
| | | 10300SB1509sam004 | - 12 - | LRB103 26930 SPS 60190 a |
|
| 1 | | addition, after being authorized by a dentist, a dental | 2 | | assistant may, for the purpose of eliminating pain or | 3 | | discomfort, remove loose, broken, or irritating | 4 | | orthodontic appliances on a patient of record.
| 5 | | For purposes of this paragraph (g), "dental service" | 6 | | is defined to mean
any intraoral procedure or act which | 7 | | shall be prescribed by rule or
regulation of the | 8 | | Department. Dental service, however, shall not include:
| 9 | | (1) Any and all diagnosis of or prescription for | 10 | | treatment of disease,
pain, deformity, deficiency, | 11 | | injury , or physical condition of the human teeth
or | 12 | | jaws, or adjacent structures.
| 13 | | (2) Removal of, or restoration of, or addition
to | 14 | | the hard or soft tissues of the oral cavity, except for | 15 | | the placing, carving, and finishing of amalgam | 16 | | restorations and placing, packing, and finishing | 17 | | composite restorations by dental assistants who have | 18 | | had additional formal education and certification. | 19 | | A dental assistant may place, carve, and finish | 20 | | amalgam restorations, place, pack, and finish | 21 | | composite restorations, and place interim restorations | 22 | | if he or she (A) has successfully completed a | 23 | | structured training program as described in item (2) | 24 | | of subsection (g) provided by an educational | 25 | | institution accredited by the Commission on Dental | 26 | | Accreditation, such as a dental school or dental |
| | | 10300SB1509sam004 | - 13 - | LRB103 26930 SPS 60190 a |
|
| 1 | | hygiene or dental assistant program, or (B) has at | 2 | | least 4,000 hours of direct clinical patient care | 3 | | experience and has successfully completed a structured | 4 | | training program as described in item (2) of | 5 | | subsection (g) provided by a statewide dental | 6 | | association, approved by the Department to provide | 7 | | continuing education, that has developed and conducted | 8 | | training programs for expanded functions for dental | 9 | | assistants or hygienists. The training program must: | 10 | | (i) include a minimum of 16 hours of didactic study and | 11 | | 14 hours of clinical manikin instruction; all training | 12 | | programs shall include areas of study in nomenclature, | 13 | | caries classifications, oral anatomy, periodontium, | 14 | | basic occlusion, instrumentations, pulp protection | 15 | | liners and bases, dental materials, matrix and wedge | 16 | | techniques, amalgam placement and carving, rubber dam | 17 | | clamp placement, and rubber dam placement and removal; | 18 | | (ii) include an outcome assessment examination that | 19 | | demonstrates competency; (iii) require the supervising | 20 | | dentist to observe and approve the completion of 8 | 21 | | amalgam or composite restorations; and (iv) issue a | 22 | | certificate of completion of the training program, | 23 | | which must be kept on file at the dental office and be | 24 | | made available to the Department upon request. A | 25 | | dental assistant must have successfully completed an | 26 | | approved coronal polishing and dental sealant course |
| | | 10300SB1509sam004 | - 14 - | LRB103 26930 SPS 60190 a |
|
| 1 | | prior to taking the amalgam and composite restoration | 2 | | course. | 3 | | A dentist utilizing dental assistants shall not | 4 | | supervise more than 4 dental assistants at any one | 5 | | time for placing, carving, and finishing of amalgam | 6 | | restorations or for placing, packing, and finishing | 7 | | composite restorations.
| 8 | | (3) Any and all correction of malformation of | 9 | | teeth or of the jaws.
| 10 | | (4) Administration of anesthetics, except for | 11 | | monitoring of
nitrous oxide, conscious sedation, deep | 12 | | sedation, and general anesthetic as provided in | 13 | | Section 8.1 of this Act, that may be performed only | 14 | | after successful completion of a training
program | 15 | | approved by the Department. A dentist utilizing dental | 16 | | assistants shall not supervise more than 4 dental | 17 | | assistants at any one time for the monitoring of | 18 | | nitrous oxide.
| 19 | | (5) Removal of calculus from human teeth.
| 20 | | (6) Taking of material or digital scans for final | 21 | | impressions for the fabrication of prosthetic
| 22 | | appliances,
crowns,
bridges, inlays, onlays, or other | 23 | | restorative or replacement
dentistry.
| 24 | | (7) The operative procedure of dental hygiene | 25 | | consisting of oral
prophylactic procedures, except for | 26 | | coronal polishing and pit and fissure sealants,
which |
| | | 10300SB1509sam004 | - 15 - | LRB103 26930 SPS 60190 a |
|
| 1 | | may be
performed by a
dental assistant who has | 2 | | successfully completed a training program approved by
| 3 | | the Department. Dental assistants may perform coronal | 4 | | polishing under the
following circumstances: (i) the | 5 | | coronal polishing shall be limited to
polishing the
| 6 | | clinical crown of the tooth and existing restorations, | 7 | | supragingivally; (ii)
the
dental assistant performing | 8 | | the coronal polishing shall be limited to the use
of
| 9 | | rotary instruments using a rubber cup or brush | 10 | | polishing method (air polishing
is
not permitted); and | 11 | | (iii) the supervising dentist shall not supervise more
| 12 | | than 4
dental assistants at any one time for the task | 13 | | of coronal polishing or pit and fissure sealants.
| 14 | | In addition to coronal polishing and pit and | 15 | | fissure sealants as described in this item (7), a | 16 | | dental assistant who has at least 2,000 hours of | 17 | | direct clinical patient care experience and who has | 18 | | successfully completed a structured training program | 19 | | provided by (1) an educational institution including, | 20 | | but not limited to, a dental school or dental hygiene | 21 | | or dental assistant program, or (2) a continuing | 22 | | education provider approved by the Department, or (3) | 23 | | a statewide dental or dental hygienist association, | 24 | | approved by the Department on or before January 1, | 25 | | 2017 (the effective date of Public Act 99-680), that | 26 | | has developed and conducted a training program for |
| | | 10300SB1509sam004 | - 16 - | LRB103 26930 SPS 60190 a |
|
| 1 | | expanded functions for dental assistants or hygienists | 2 | | may perform: (A) coronal scaling above the gum line, | 3 | | supragingivally, on the clinical crown of the tooth | 4 | | only on patients 17 years of age or younger who have an | 5 | | absence of periodontal disease and who are not | 6 | | medically compromised or individuals with special | 7 | | needs and (B) intracoronal temporization of a tooth. | 8 | | The training program must: (I) include a minimum of 32 | 9 | | hours of instruction in both didactic and clinical | 10 | | manikin or human subject instruction; all training | 11 | | programs shall include areas of study in dental | 12 | | anatomy, public health dentistry, medical history, | 13 | | dental emergencies, and managing the pediatric | 14 | | patient; (II) include an outcome assessment | 15 | | examination that demonstrates competency; (III) | 16 | | require the supervising dentist to observe and approve | 17 | | the completion of 6 full mouth supragingival scaling | 18 | | procedures unless the training was received as part of | 19 | | a Commission on Dental Accreditation approved dental | 20 | | assistant program; and (IV) issue a certificate of | 21 | | completion of the training program, which must be kept | 22 | | on file at the dental office and be made available to | 23 | | the Department upon request. A dental assistant must | 24 | | have successfully completed an approved coronal | 25 | | polishing course prior to taking the coronal scaling | 26 | | course. A dental assistant performing these functions |
| | | 10300SB1509sam004 | - 17 - | LRB103 26930 SPS 60190 a |
|
| 1 | | shall be limited to the use of hand instruments only. | 2 | | In addition, coronal scaling as described in this | 3 | | paragraph shall only be utilized on patients who are | 4 | | eligible for Medicaid, who are uninsured, or whose | 5 | | household income is not greater than 300% of the | 6 | | federal poverty level. A dentist may not supervise | 7 | | more than 2 dental assistants at any one time for the | 8 | | task of coronal scaling. This paragraph is inoperative | 9 | | on and after January 1, 2026. | 10 | | The limitations on the number of dental assistants a | 11 | | dentist may supervise contained in items (2), (4), and (7) | 12 | | of this paragraph (g) mean a limit of 4 total dental | 13 | | assistants or dental hygienists doing expanded functions | 14 | | covered by these Sections being supervised by one dentist; | 15 | | or | 16 | | (h) The practice of dentistry by an individual who:
| 17 | | (i) has applied in writing to the Department, in | 18 | | form and substance
satisfactory to the Department, for | 19 | | a general dental license and has
complied with all | 20 | | provisions of Section 9 of this Act, except for the
| 21 | | passage of the examination specified in subsection (e) | 22 | | of Section 9 of this
Act; or
| 23 | | (ii) has applied in writing to the Department, in | 24 | | form and substance
satisfactory to the Department, for | 25 | | a temporary dental license and has
complied with all | 26 | | provisions of subsection (c) of Section 11 of this |
| | | 10300SB1509sam004 | - 18 - | LRB103 26930 SPS 60190 a |
|
| 1 | | Act; and
| 2 | | (iii) has been accepted or appointed for specialty | 3 | | or residency training
by a hospital situated in this | 4 | | State; or
| 5 | | (iv) has been accepted or appointed for specialty | 6 | | training in an
approved dental program situated in | 7 | | this State; or
| 8 | | (v) has been accepted or appointed for specialty | 9 | | training in a dental
public health agency situated in | 10 | | this State.
| 11 | | The applicant shall be permitted to practice dentistry | 12 | | for a period of 3
months from the starting date of the | 13 | | program, unless authorized in writing
by the Department to | 14 | | continue such practice for a period specified in
writing | 15 | | by the Department.
| 16 | | The applicant shall only be entitled to perform such | 17 | | acts as may be
prescribed by and incidental to his or her | 18 | | program of residency or specialty
training and shall not | 19 | | otherwise engage in the practice of dentistry in this
| 20 | | State.
| 21 | | The authority to practice shall terminate immediately | 22 | | upon:
| 23 | | (1) the decision of the Department that the | 24 | | applicant has failed the
examination; or
| 25 | | (2) denial of licensure by the Department; or
| 26 | | (3) withdrawal of the application.
|
| | | 10300SB1509sam004 | - 19 - | LRB103 26930 SPS 60190 a |
|
| 1 | | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; | 2 | | 102-936, eff. 1-1-23 .)
| 3 | | (225 ILCS 25/18.1) | 4 | | (Section scheduled to be repealed on January 1, 2026) | 5 | | Sec. 18.1. Public health dental supervision | 6 | | responsibilities. | 7 | | (a) When working together in a public health supervision | 8 | | relationship, dentists and public health dental hygienists | 9 | | shall enter into a public health supervision agreement. The | 10 | | dentist providing public health supervision must: | 11 | | (1) be available to provide an appropriate level of | 12 | | contact, communication, collaboration, and consultation | 13 | | with the public health dental hygienist and must meet | 14 | | in-person with the public health dental hygienist at least | 15 | | quarterly for review and consultation; | 16 | | (2) have specific standing orders or policy guidelines | 17 | | for procedures that are to be carried out for each | 18 | | location or program, although the dentist need not be | 19 | | present when the procedures are being performed; | 20 | | (3) provide for the patient's additional necessary | 21 | | care in consultation with the public health dental | 22 | | hygienist; | 23 | | (4) file agreements and notifications as required; and | 24 | | (5) include procedures for creating and maintaining | 25 | | dental records, including protocols for transmission of |
| | | 10300SB1509sam004 | - 20 - | LRB103 26930 SPS 60190 a |
|
| 1 | | all records between the public health dental hygienist and | 2 | | the dentist following each treatment, which shall include | 3 | | a notation regarding procedures authorized by the dentist | 4 | | and performed by the public health dental hygienist and | 5 | | the location where those records are to be kept. | 6 | | Each dentist and hygienist who enters into a public health | 7 | | supervision agreement must document and maintain a copy of any | 8 | | change or termination of that agreement. | 9 | | Dental records shall be owned and maintained by the | 10 | | supervising dentist for all patients treated under public | 11 | | health supervision, unless the supervising dentist is an | 12 | | employee of a public health clinic or federally qualified | 13 | | health center, in which case the public health clinic or | 14 | | federally qualified health center shall maintain the records. | 15 | | If a dentist ceases to be employed or contracted by the | 16 | | facility, the dentist shall notify the facility administrator | 17 | | that the public health supervision agreement is no longer in | 18 | | effect. A new public health supervision agreement is required | 19 | | for the public health dental hygienist to continue treating | 20 | | patients under public health supervision. | 21 | | A dentist entering into an agreement under this Section | 22 | | may supervise and enter into agreements for public health | 23 | | supervision with 2 public health dental hygienists. This shall | 24 | | be in addition to the limit of 4 dental hygienists per dentist | 25 | | set forth in subsection (g) of Section 18 of this Act. | 26 | | (b) A public health dental hygienist providing services |
| | | 10300SB1509sam004 | - 21 - | LRB103 26930 SPS 60190 a |
|
| 1 | | under public health supervision may perform only those duties | 2 | | within the accepted scope of practice of dental hygiene, as | 3 | | follows: | 4 | | (1) the operative procedures of dental hygiene, | 5 | | consisting of oral prophylactic procedures, including | 6 | | prophylactic cleanings, application of fluoride, and | 7 | | placement of sealants; | 8 | | (2) the exposure and processing of x-ray films of the | 9 | | teeth and surrounding structures; and | 10 | | (3) such other procedures and acts as shall be | 11 | | prescribed by rule of the Department. | 12 | | Any patient treated under this subsection (b) must be | 13 | | examined by a dentist before additional services can be | 14 | | provided by a public health dental hygienist. However, if the | 15 | | supervising dentist, after consultation with the public health | 16 | | hygienist, determines that time is needed to complete an | 17 | | approved treatment plan on a patient eligible under this | 18 | | Section, then the dentist may instruct the hygienist to | 19 | | complete the remaining services prior to an oral examination | 20 | | by the dentist. Such instruction by the dentist to the | 21 | | hygienist shall be noted in the patient's records. Any | 22 | | services performed under this exception must be scheduled in a | 23 | | timely manner and shall not occur more than 30 days after the | 24 | | first appointment date. | 25 | | (c) A public health dental hygienist providing services | 26 | | under public health supervision must: |
| | | 10300SB1509sam004 | - 22 - | LRB103 26930 SPS 60190 a |
|
| 1 | | (1) provide to the patient, parent, or guardian a | 2 | | written plan for referral or an agreement for follow-up | 3 | | that records all conditions observed that should be called | 4 | | to the attention of a dentist for proper diagnosis; | 5 | | (2) have each patient sign a permission slip or | 6 | | consent form that informs them that the service to be | 7 | | received does not take the place of regular dental | 8 | | checkups at a dental office and is meant for people who | 9 | | otherwise would not have access to the service; | 10 | | (3) inform each patient who may require further dental | 11 | | services of that need; | 12 | | (4) maintain an appropriate level of contact and | 13 | | communication with the dentist providing public health | 14 | | supervision; and | 15 | | (5) complete an additional 4 hours of continuing | 16 | | education in areas specific to public health dentistry | 17 | | yearly. | 18 | | (d) Each public health dental hygienist who has rendered | 19 | | services under subsections (c), (d), and (e) of this Section | 20 | | must complete a summary report at the completion of a program | 21 | | or, in the case of an ongoing program, at least annually. The | 22 | | report must be completed in the manner specified by the | 23 | | Division of Oral Health in the Department of Public Health | 24 | | including information about each location where the public | 25 | | health dental hygienist has rendered these services. The | 26 | | public health dental hygienist must submit the form to the |
| | | 10300SB1509sam004 | - 23 - | LRB103 26930 SPS 60190 a |
|
| 1 | | dentist providing supervision for his or her signature before | 2 | | sending it to the Division. | 3 | | (e) Public health dental hygienists providing services | 4 | | under public health supervision may be compensated for their | 5 | | work by salary, honoraria, and other mechanisms by the | 6 | | employing or sponsoring entity. Nothing in this Act shall | 7 | | preclude the entity that employs or sponsors a public health | 8 | | dental hygienist from seeking payment, reimbursement, or other | 9 | | source of funding for the services provided. | 10 | | (e-5) A patient who is provided services under a | 11 | | supervision agreement by a public health dental hygienist as | 12 | | provided under this Section does not need to receive a | 13 | | physical examination from a dentist prior to treatment, so | 14 | | long as the public health dental hygienist consults with the | 15 | | supervising dentist prior to performing the teledentistry | 16 | | service. | 17 | | (f) This Section is repealed on January 1, 2026.
| 18 | | (Source: P.A. 101-162, eff. 7-26-19.)
| 19 | | (225 ILCS 25/26) (from Ch. 111, par. 2326)
| 20 | | (Section scheduled to be repealed on January 1, 2026)
| 21 | | Sec. 26. Disciplinary actions.
| 22 | | (a) In case the respondent, after
receiving notice, fails | 23 | | to file an answer, his or her license may, in the discretion of | 24 | | the Secretary, having first received
the recommendation of the | 25 | | Board, be suspended, revoked, placed on
probationary status, |
| | | 10300SB1509sam004 | - 24 - | LRB103 26930 SPS 60190 a |
|
| 1 | | or the Secretary may take whatever disciplinary or | 2 | | non-disciplinary action
he or she may deem proper, including | 3 | | limiting the scope, nature, or extent of the
person's practice | 4 | | or the imposition of a fine, without a hearing, if the
act or | 5 | | acts charged constitute sufficient grounds for such action | 6 | | under this
Act.
| 7 | | (b) The Secretary may temporarily suspend the license of a | 8 | | dentist or dental hygienist without a hearing,
simultaneous to | 9 | | the institution of proceedings for a hearing under this
Act, | 10 | | if the Secretary finds that evidence in his or her possession | 11 | | indicates that a
dentist's or dental hygienist's continuation | 12 | | in practice would constitute
an immediate danger to the | 13 | | public. In the event that the Secretary
temporarily suspends | 14 | | the license of a dentist or a dental hygienist without a | 15 | | hearing, a hearing by the
Board must be held within 15 days | 16 | | after such suspension has occurred.
| 17 | | (c) The entry of a judgment by any circuit court | 18 | | establishing that any
person holding a license under this Act | 19 | | is a
person subject to involuntary admission under the Mental | 20 | | Health and
Developmental Disabilities Code shall operate as a | 21 | | suspension of that
license. That person may resume his or her
| 22 | | practice only upon a finding by the Board that he or she has | 23 | | been
determined to be no longer subject to involuntary | 24 | | admission by the court
and upon the Board's recommendation to | 25 | | the Secretary that he or she be
permitted to resume his or her | 26 | | practice. |
| | | 10300SB1509sam004 | - 25 - | LRB103 26930 SPS 60190 a |
|
| 1 | | (d) It shall be a violation of this Act for a provider of | 2 | | dental services rendering care through teledentistry to | 3 | | require a patient to sign an agreement that limits in any way | 4 | | the patient's ability to write a review of services received | 5 | | or file a complaint with the Department or other regulatory | 6 | | agency.
| 7 | | (Source: P.A. 99-492, eff. 12-31-15.)".
|
|