Sen. Julie A. Morrison

Filed: 2/22/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 2822 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 8.1, 17, 19.2, and 45 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7    (Section scheduled to be repealed on January 1, 2026)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
10by the Department in the applicant's or licensee's application
11file or license file as maintained by the Department's
12licensure maintenance unit. It is the duty of the applicant or
13licensee to inform the Department of any change of address and
14those changes must be made either through the Department's
15website or by contacting the Department.
16    "Department" means the Department of Financial and



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1Professional Regulation.
2    "Secretary" means the Secretary of Financial and
3Professional Regulation.
4    "Board" means the Board of Dentistry.
5    "Dentist" means a person who has received a general
6license pursuant to paragraph (a) of Section 11 of this Act and
7who may perform any intraoral and extraoral procedure required
8in the practice of dentistry and to whom is reserved the
9responsibilities specified in Section 17.
10    "Dental hygienist" means a person who holds a license
11under this Act to perform dental services as authorized by
12Section 18.
13    "Dental assistant" means an appropriately trained person
14who, under the supervision of a dentist, provides dental
15services as authorized by Section 17.
16    "Expanded function dental assistant" means a dental
17assistant who has completed the training required by Section
1817.1 of this Act.
19    "Dental laboratory" means a person, firm, or corporation
21        (i) engages in making, providing, repairing, or
22    altering dental prosthetic appliances and other artificial
23    materials and devices which are returned to a dentist for
24    insertion into the human oral cavity or which come in
25    contact with its adjacent structures and tissues; and
26        (ii) utilizes or employs a dental technician to



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



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



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



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1center; a federal, State, or local public health facility;
2Head Start; a special supplemental nutrition program for
3Women, Infants, and Children (WIC) facility; a certified
4school-based health center or school-based oral health
5program; a prison; or a long-term care facility.
6    "Public health supervision" means the supervision of a
7public health dental hygienist by a licensed dentist who has a
8written public health supervision agreement with that public
9health dental hygienist while working in an approved facility
10or program that allows the public health dental hygienist to
11treat patients, without a dentist first examining the patient
12and being present in the facility during treatment, (1) who
13are eligible for Medicaid or (2) who are uninsured or whose
14household income is not greater than 300% of the federal
15poverty level.
16    "Teledentistry" means the use of telehealth systems and
17methodologies in dentistry and includes patient care and
18education delivery using synchronous and asynchronous
19communications under a dentist's authority as provided under
20this Act.
21    "Moderate sedation" means a drug-induced depression of
22consciousness during which:
23        (1) Patients respond purposefully to verbal commands,
24    either alone or accompanied by light tactile stimulation.
25        (2) No interventions are required to maintain a
26    patient's airway and spontaneous ventilation is adequate.



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1        (3) Cardiovascular function is usually maintained.
2    "Deep sedation" means a drug-induced depression of
3consciousness during which:
4        (1) Patients cannot be easily aroused, but respond
5    purposefully following repeated or painful stimulation.
6        (2) The ability to independently maintain ventilatory
7    function may be impaired.
8        (3) Patients may require assistance in maintaining a
9    patient's airway and spontaneous ventilation may be
10    inadequate.
11        (4) Cardiovascular function is usually maintained.
12    "General anesthesia" means a drug-induced loss of
13consciousness during which:
14        (1) Patients are not arousable, even by painful
15    stimulation.
16        (2) The ability to independently maintain ventilatory
17    function is often impaired.
18        (3) Patients often require assistance in maintaining a
19    patient's airway and positive pressure ventilation may be
20    required because of depressed spontaneous ventilation or
21    drug-induced depression of neuromuscular function.
22        (4) Cardiovascular function may be impaired.
23    "Enteral route of administration" means administration of
24a drug that is absorbed through the gastrointestinal tract or
25through oral, rectal, or sublingual mucosa.
26    "Parenteral route of administration" means administration



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1of a drug by which the drug bypasses the gastrointestinal
2tract through intramuscular, intravenous, intranasal,
3submucosal, subcutaneous, or intraosseous methods.
4(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
5102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
61-1-24; revised 12-15-23.)
7    (225 ILCS 25/8.1)  (from Ch. 111, par. 2308.1)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 8.1. Permit for the administration of anesthesia and
11    (a) No licensed dentist shall administer general
12anesthesia, deep sedation, or moderate conscious sedation
13without first applying for and obtaining a permit for such
14purpose from the Department. The Department shall issue such
15permit only after ascertaining that the applicant possesses
16the minimum qualifications necessary to protect public safety.
17A person with a dental degree who administers anesthesia, deep
18sedation, or moderate conscious sedation in an approved
19hospital training program under the supervision of either a
20licensed dentist holding such permit or a physician licensed
21to practice medicine in all its branches shall not be required
22to obtain such permit.
23    (b) The minimum requirements for a permit to administer
24moderate sedation shall include the completion of a minimum of
2575 hours of didactic and supervised clinical study in either:



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1        (1) an American Dental Association Commission on
2    Dental Accreditation accredited dental specialty program
3    that includes training and documentation in moderate
4    sedation techniques appropriate for each specialty or an
5    American Dental Association Commission on Dental
6    Accreditation accredited dental anesthesiology residency
7    program; or
8        (2) a structured course of study provided by an
9    approved continuing education provider who holds a permit
10    in the State of Illinois to provide deep sedation and
11    general anesthesia that includes training and
12    documentation in moderate sedation, physical evaluation,
13    venipuncture, advanced airway management, technical
14    administration, recognition and management of
15    complications and emergencies and monitoring with
16    additional supervised experience and documentation
17    demonstrating competence in providing moderate sedation to
18    20 patients utilizing enteral and parenteral routes of
19    administration of drugs to competency, as provided in the
20    American Dental Association's Guidelines for Teaching Pain
21    Control and Sedation to Dentists and Dental Students.
22    (b-5) The minimum requirements for a permit to administer
23deep sedation and general anesthesia include:
24        (1) the completion of a minimum of 2 years of advanced
25    training in anesthesiology beyond the pre-doctoral level
26    in a training program approved by the American Dental



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1    Association's Council on Dental Education and Licensure,
2    as outlined in Guidelines for Teaching Pain Control and
3    Sedation to Dentists and Dental Students, as published by
4    the American Dental Association's Council on Dental
5    Education and Licensure;
6        (2) a specialty license in oral and maxillofacial
7    surgery; or
8        (3) the completion of an American Dental Association's
9    Council on Dental Accreditation accredited dental
10    anesthesiology residency program.
11    (b-10) The Department may establish, by rule, additional
12training programs and training requirements consistent with
13this Section to ensure patient safety in dental offices
14administering anesthesia, which shall include, but not be
15limited to the following In determining the minimum permit
16qualifications that are necessary to protect public safety,
17the Department, by rule, shall:
18        (1) (blank); establish the minimum educational and
19    training requirements necessary for a dentist to be issued
20    an appropriate permit;
21        (2) establish the standards for properly equipped
22    dental facilities (other than licensed hospitals and
23    ambulatory surgical treatment centers) in which general
24    anesthesia, deep sedation, or moderate conscious sedation
25    is administered, as necessary to protect public safety;
26        (3) establish minimum requirements for all persons who



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1    assist the dentist in the administration of general
2    anesthesia, deep sedation, or moderate conscious sedation,
3    including minimum training requirements for each member of
4    the dental team, monitoring requirements, recordkeeping
5    requirements, and emergency procedures;
6        (4) ensure that the dentist has completed and
7    maintains current certification in advanced cardiac life
8    support or pediatric advanced life support and all persons
9    assisting the dentist or monitoring the administration of
10    general anesthesia, deep sedation, or moderate conscious
11    sedation maintain current certification in Basic Life
12    Support (BLS); and
13        (5) establish continuing education requirements in
14    sedation techniques and airway management for dentists who
15    possess a permit under this Section.
16    When establishing requirements under this Section, the
17Department shall consider the current American Dental
18Association guidelines on sedation and general anesthesia, the
19current "Guidelines for Monitoring and Management of Pediatric
20Patients During and After Sedation for Diagnostic and
21Therapeutic Procedures" established by the American Academy of
22Pediatrics and the American Academy of Pediatric Dentistry,
23and the current parameters of care and Office Anesthesia
24Evaluation (OAE) Manual established by the American
25Association of Oral and Maxillofacial Surgeons.
26    (c) A licensed dentist must hold an appropriate permit



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1issued under this Section in order to perform dentistry while
2a nurse anesthetist administers moderate conscious sedation,
3and a valid written collaborative agreement must exist between
4the dentist and the nurse anesthetist, in accordance with the
5Nurse Practice Act.
6    A licensed dentist must hold an appropriate permit issued
7under this Section in order to perform dentistry while a nurse
8anesthetist administers deep sedation or general anesthesia,
9and a valid written collaborative agreement must exist between
10the dentist and the nurse anesthetist, in accordance with the
11Nurse Practice Act.
12    For the purposes of this subsection (c), "nurse
13anesthetist" means a licensed certified registered nurse
14anesthetist who holds a license as an advanced practice
15registered nurse.
16(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
17101-162, eff. 7-26-19.)
18    (225 ILCS 25/17)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 17. Acts constituting the practice of dentistry. A
21person practices dentistry, within the meaning of this Act:
22        (1) Who represents himself or herself as being able to
23    diagnose or diagnoses, treats, prescribes, or operates for
24    any disease, pain, deformity, deficiency, injury, or
25    physical condition of the human tooth, teeth, alveolar



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1    process, gums, or jaw; or
2        (2) Who is a manager, proprietor, operator, or
3    conductor of a business where dental operations are
4    performed; or
5        (3) Who performs dental operations of any kind; or
6        (4) Who uses an X-Ray machine or X-Ray films for
7    dental diagnostic purposes; or
8        (5) Who extracts a human tooth or teeth, or corrects
9    or attempts to correct malpositions of the human teeth or
10    jaws; or
11        (6) Who offers or undertakes, by any means or method,
12    to diagnose, treat, or remove stains, calculus, and
13    bonding materials from human teeth or jaws; or
14        (7) Who uses or administers local or general
15    anesthetics in the treatment of dental or oral diseases or
16    in any preparation incident to a dental operation of any
17    kind or character; or
18        (8) Who takes material or digital scans for final
19    impressions of the human tooth, teeth, or jaws or performs
20    any phase of any operation incident to the replacement of
21    a part of a tooth, a tooth, teeth, or associated tissues by
22    means of a filling, a crown, a bridge, a denture, or other
23    appliance; or
24        (9) Who offers to furnish, supply, construct,
25    reproduce, or repair, or who furnishes, supplies,
26    constructs, reproduces, or repairs, prosthetic dentures,



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1    bridges, or other substitutes for natural teeth, to the
2    user or prospective user thereof; or
3        (10) Who instructs students on clinical matters or
4    performs any clinical operation included in the curricula
5    of recognized dental schools and colleges; or
6        (11) Who takes material or digital scans for final
7    impressions of human teeth or places his or her hands in
8    the mouth of any person for the purpose of applying teeth
9    whitening materials, or who takes impressions of human
10    teeth or places his or her hands in the mouth of any person
11    for the purpose of assisting in the application of teeth
12    whitening materials. A person does not practice dentistry
13    when he or she discloses to the consumer that he or she is
14    not licensed as a dentist under this Act and (i) discusses
15    the use of teeth whitening materials with a consumer
16    purchasing these materials; (ii) provides instruction on
17    the use of teeth whitening materials with a consumer
18    purchasing these materials; or (iii) provides appropriate
19    equipment on-site to the consumer for the consumer to
20    self-apply teeth whitening materials.
21    The fact that any person engages in or performs, or offers
22to engage in or perform, any of the practices, acts, or
23operations set forth in this Section, shall be prima facie
24evidence that such person is engaged in the practice of
26    The following practices, acts, and operations, however,



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1are exempt from the operation of this Act:
2        (a) The rendering of dental relief in emergency cases
3    in the practice of his or her profession by a physician or
4    surgeon, licensed as such under the laws of this State,
5    unless he or she undertakes to reproduce or reproduces
6    lost parts of the human teeth in the mouth or to restore or
7    replace lost or missing teeth in the mouth; or
8        (b) The practice of dentistry in the discharge of
9    their official duties by dentists in any branch of the
10    Armed Services of the United States, the United States
11    Public Health Service, or the United States Veterans
12    Administration; or
13        (c) The practice of dentistry by students in their
14    course of study in dental schools or colleges approved by
15    the Department, when acting under the direction and
16    supervision of dentists acting as instructors; or
17        (d) The practice of dentistry by clinical instructors
18    in the course of their teaching duties in dental schools
19    or colleges approved by the Department:
20            (i) when acting under the direction and
21        supervision of dentists, provided that such clinical
22        instructors have instructed continuously in this State
23        since January 1, 1986; or
24            (ii) when holding the rank of full professor at
25        such approved dental school or college and possessing
26        a current valid license or authorization to practice



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1        dentistry in another country; or
2        (e) The practice of dentistry by licensed dentists of
3    other states or countries at meetings of the Illinois
4    State Dental Society or component parts thereof, alumni
5    meetings of dental colleges, or any other like dental
6    organizations, while appearing as clinicians; or
7        (f) The use of X-Ray machines for exposing X-Ray films
8    of dental or oral tissues by dental hygienists or dental
9    assistants; or
10        (g) The performance of any dental service by a dental
11    assistant, if such service is performed under the
12    supervision and full responsibility of a dentist. In
13    addition, after being authorized by a dentist, a dental
14    assistant may, for the purpose of eliminating pain or
15    discomfort, remove loose, broken, or irritating
16    orthodontic appliances on a patient of record.
17        For purposes of this paragraph (g), "dental service"
18    is defined to mean any intraoral procedure or act which
19    shall be prescribed by rule or regulation of the
20    Department. "Dental service", however, shall not include:
21            (1) Any and all diagnosis of or prescription for
22        treatment of disease, pain, deformity, deficiency,
23        injury, or physical condition of the human teeth or
24        jaws, or adjacent structures.
25            (2) Removal of, restoration of, or addition to the
26        hard or soft tissues of the oral cavity, except for the



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1        placing, carving, and finishing of amalgam
2        restorations and placing, packing, and finishing
3        composite restorations by dental assistants who have
4        had additional formal education and certification.
5            A dental assistant may place, carve, and finish
6        amalgam restorations, place, pack, and finish
7        composite restorations, and place interim restorations
8        if he or she (A) has successfully completed a
9        structured training program as described in item (2)
10        of subsection (g) provided by an educational
11        institution accredited by the Commission on Dental
12        Accreditation, such as a dental school or dental
13        hygiene or dental assistant program, or (B) has at
14        least 4,000 hours of direct clinical patient care
15        experience and has successfully completed a structured
16        training program as described in item (2) of
17        subsection (g) provided by a statewide dental
18        association, approved by the Department to provide
19        continuing education, that has developed and conducted
20        training programs for expanded functions for dental
21        assistants or hygienists. The training program must:
22        (i) include a minimum of 16 hours of didactic study and
23        14 hours of clinical manikin instruction; all training
24        programs shall include areas of study in nomenclature,
25        caries classifications, oral anatomy, periodontium,
26        basic occlusion, instrumentations, pulp protection



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1        liners and bases, dental materials, matrix and wedge
2        techniques, amalgam placement and carving, rubber dam
3        clamp placement, and rubber dam placement and removal;
4        (ii) include an outcome assessment examination that
5        demonstrates competency; (iii) require the supervising
6        dentist to observe and approve the completion of 8
7        amalgam or composite restorations; and (iv) issue a
8        certificate of completion of the training program,
9        which must be kept on file at the dental office and be
10        made available to the Department upon request. A
11        dental assistant must have successfully completed an
12        approved coronal polishing and dental sealant course
13        prior to taking the amalgam and composite restoration
14        course.
15            A dentist utilizing dental assistants shall not
16        supervise more than 4 dental assistants at any one
17        time for placing, carving, and finishing of amalgam
18        restorations or for placing, packing, and finishing
19        composite restorations.
20            (3) Any and all correction of malformation of
21        teeth or of the jaws.
22            (4) Administration of anesthetics, except for
23        monitoring of nitrous oxide, moderate conscious
24        sedation, deep sedation, and general anesthetic as
25        provided in Section 8.1 of this Act, that may be
26        performed only after successful completion of a



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1        training program approved by the Department. A dentist
2        utilizing dental assistants shall not supervise more
3        than 4 dental assistants at any one time for the
4        monitoring of nitrous oxide.
5            (5) Removal of calculus from human teeth.
6            (6) Taking of material or digital scans for final
7        impressions for the fabrication of prosthetic
8        appliances, crowns, bridges, inlays, onlays, or other
9        restorative or replacement dentistry.
10            (7) The operative procedure of dental hygiene
11        consisting of oral prophylactic procedures, except for
12        coronal polishing and pit and fissure sealants, which
13        may be performed by a dental assistant who has
14        successfully completed a training program approved by
15        the Department. Dental assistants may perform coronal
16        polishing under the following circumstances: (i) the
17        coronal polishing shall be limited to polishing the
18        clinical crown of the tooth and existing restorations,
19        supragingivally; (ii) the dental assistant performing
20        the coronal polishing shall be limited to the use of
21        rotary instruments using a rubber cup or brush
22        polishing method (air polishing is not permitted); and
23        (iii) the supervising dentist shall not supervise more
24        than 4 dental assistants at any one time for the task
25        of coronal polishing or pit and fissure sealants.
26            In addition to coronal polishing and pit and



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1        fissure sealants as described in this item (7), a
2        dental assistant who has at least 2,000 hours of
3        direct clinical patient care experience and who has
4        successfully completed a structured training program
5        provided by (1) an educational institution including,
6        but not limited to, a dental school or dental hygiene
7        or dental assistant program, (2) a continuing
8        education provider approved by the Department, or (3)
9        a statewide dental or dental hygienist association
10        that has developed and conducted a training program
11        for expanded functions for dental assistants or
12        hygienists may perform: (A) coronal scaling above the
13        gum line, supragingivally, on the clinical crown of
14        the tooth only on patients 17 years of age or younger
15        who have an absence of periodontal disease and who are
16        not medically compromised or individuals with special
17        needs and (B) intracoronal temporization of a tooth.
18        The training program must: (I) include a minimum of 32
19        hours of instruction in both didactic and clinical
20        manikin or human subject instruction; all training
21        programs shall include areas of study in dental
22        anatomy, public health dentistry, medical history,
23        dental emergencies, and managing the pediatric
24        patient; (II) include an outcome assessment
25        examination that demonstrates competency; (III)
26        require the supervising dentist to observe and approve



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1        the completion of 6 full mouth supragingival scaling
2        procedures unless the training was received as part of
3        a Commission on Dental Accreditation approved dental
4        assistant program; and (IV) issue a certificate of
5        completion of the training program, which must be kept
6        on file at the dental office and be made available to
7        the Department upon request. A dental assistant must
8        have successfully completed an approved coronal
9        polishing course prior to taking the coronal scaling
10        course. A dental assistant performing these functions
11        shall be limited to the use of hand instruments only.
12        In addition, coronal scaling as described in this
13        paragraph shall only be utilized on patients who are
14        eligible for Medicaid, who are uninsured, or whose
15        household income is not greater than 300% of the
16        federal poverty level. A dentist may not supervise
17        more than 2 dental assistants at any one time for the
18        task of coronal scaling. This paragraph is inoperative
19        on and after January 1, 2026.
20        The limitations on the number of dental assistants a
21    dentist may supervise contained in items (2), (4), and (7)
22    of this paragraph (g) mean a limit of 4 total dental
23    assistants or dental hygienists doing expanded functions
24    covered by these Sections being supervised by one dentist;
25    or
26        (h) The practice of dentistry by an individual who:



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1            (i) has applied in writing to the Department, in
2        form and substance satisfactory to the Department, for
3        a general dental license and has complied with all
4        provisions of Section 9 of this Act, except for the
5        passage of the examination specified in subsection (e)
6        of Section 9 of this Act; or
7            (ii) has applied in writing to the Department, in
8        form and substance satisfactory to the Department, for
9        a temporary dental license and has complied with all
10        provisions of subsection (c) of Section 11 of this
11        Act; and
12            (iii) has been accepted or appointed for specialty
13        or residency training by a hospital situated in this
14        State; or
15            (iv) has been accepted or appointed for specialty
16        training in an approved dental program situated in
17        this State; or
18            (v) has been accepted or appointed for specialty
19        training in a dental public health agency situated in
20        this State.
21        The applicant shall be permitted to practice dentistry
22    for a period of 3 months from the starting date of the
23    program, unless authorized in writing by the Department to
24    continue such practice for a period specified in writing
25    by the Department.
26        The applicant shall only be entitled to perform such



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1    acts as may be prescribed by and incidental to his or her
2    program of residency or specialty training and shall not
3    otherwise engage in the practice of dentistry in this
4    State.
5        The authority to practice shall terminate immediately
6    upon:
7            (1) the decision of the Department that the
8        applicant has failed the examination; or
9            (2) denial of licensure by the Department; or
10            (3) withdrawal of the application.
11(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
12103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
13    (225 ILCS 25/19.2)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 19.2. Temporary permit for free dental care.
16    (a) Upon Board recommendation, the Department may issue a
17temporary permit authorizing the practice in this State,
18without compensation, of dentistry to an applicant who is
19licensed to practice dentistry in another state, if all of the
20following apply:
21        (1) the Department determines that the applicant's
22    services will improve the welfare of Illinois residents
23    who are eligible for Medicaid or who are uninsured and
24    whose household income is not greater than 200% of the
25    federal poverty level;



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1        (2) the applicant has graduated from a dental program
2    approved by the American Dental Association's Commission
3    on Dental Accreditation and maintains an equivalent
4    authorization to practice dentistry in good standing in
5    his or her native licensing jurisdiction during the period
6    of the temporary visiting dentist permit and can furnish
7    the Department a certified letter upon request from that
8    jurisdiction attesting to the fact that the applicant has
9    no pending action or violations against his or her
10    license;
11        (3) the applicant has received an invitation to
12    perform dental care by a charitable organization or has
13    received an invitation to study or receive training on
14    specific dental or clinical subjects or techniques by a
15    licensed continuing education sponsor who is approved by
16    the Department to provide clinical training in the State
17    of Illinois on patients for the welfare of Illinois
18    residents pursuant to subsection (a-5) and is in
19    compliance with the provisions of this Act;
20        (4) the applicant will be working pursuant to a
21    collaborative agreement with and under the direct
22    supervision of an Illinois licensed dentist, who is in
23    good standing, during the duration of the program. The
24    supervising dentist must be physically present during all
25    clinical training courses; and
26        (5) payment of a fee established by rule.



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1    The Department may adopt rules to implement this
3    (a-5) Upon Board recommendation, after the filing of an
4application, the Department may allow approved continuing
5education sponsors to be licensed to provide live patient
6continuing education clinical training courses if the
7following requirements are met:
8        (1) the continuing education course provides services,
9    without compensation, that will improve the welfare of
10    Illinois residents as described in paragraph (1) of
11    subsection (a). The application to the Board must include
12    the following information for review and approval by the
13    Department:
14            (i) a plan of follow-up care and training models;
15            (ii) any and all documentation to be signed by the
16        patients, including, but not limited to, waivers,
17        consent forms, and releases;
18            (iii) information related to the facilities being
19        utilized, staffing plans, and emergency plans;
20            (iv) the process by which patients will be
21        contacted before, during, and after treatment;
22            (v) the intended population that will be receiving
23        treatment; and
24            (vi) proof of valid malpractice insurance for the
25        approved continuing education sponsor that extends
26        coverage to clinical staff, trainees, and out-of-state



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1        permit holders that meet the requirements of
2        subsection (a);
3        (2) a valid written collaborative agreement must exist
4    between the temporary visiting dentist and the Illinois
5    licensed dentist co-treating patients under this Section.
6    The collaborative agreement must include a description of
7    the care to be provided and procedures to be performed by
8    the temporary visiting dentist. There shall be no more
9    than 5 trainees per supervising dentist. A copy of this
10    agreement shall become part of the patient's dental record
11    and shall be made available upon request to the
12    Department; and
13        (3) payment of a fee established by rule.
14    A continuing education sponsor license issued under this
15Section shall be valid for a period of time as provided by
17    The Department shall adopt rules to implement this
19    (b) (Blank).
20    (c) A temporary permit shall be valid for no longer than 5
21consecutive clinical days within 6 months from the date of
22issuance. The temporary permit may be issued once per year to a
23visiting dentist. Temporary permits under subsection (a) may
24be restored no more than one time within 5 years of the initial
25permits issuance. The Department may require an applicant to
26pay a fee for the issuance or restoration of a permit under



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1this Section.
2    (d) (Blank).
3    (e) The temporary permit shall only permit the holder to
4practice dentistry within the scope of the dental studies and
5in conjunction with one of the following:
6        (1) the charitable organization; or
7        (2) a continuing education program provided by a
8    continuing education sponsor approved by the Department
9    pursuant to this Section that the permit holder is
10    attending.
11    (f) The temporary visiting dentist may not administer
12moderate conscious sedation, deep sedation, or general
14    (g) A patient who seeks treatment from a temporary
15visiting dentist must sign a consent form acknowledging that
16the care the patient will receive will be provided by a dentist
17not licensed in the State of Illinois and that the Illinois
18licensed dentist who has the collaborative agreement with the
19temporary visiting dentist will be responsible for all the
20follow-up care associated with the treatment rendered to the
22    (h) An application for the temporary permit shall be made
23to the Department in writing on forms prescribed by the
24Department and shall be accompanied by a nonrefundable fee
25established by rule.
26    (i) An applicant for a temporary permit may be requested



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1to appear before the Board to respond to questions concerning
2the applicant's qualifications to receive the permit. An
3applicant's refusal to appear before the Board may be grounds
4for denial of the application by the Department.
5    (j) The Secretary may summarily cancel any permit or
6license issued pursuant to this Section without a hearing if
7the Secretary finds that evidence in his or her possession
8indicates that a continuing education sponsor licensed under
9this Section or a temporary permit holder's continuation in
10practice would constitute an imminent danger to the public or
11violate any provision of this Act or its rules. If the
12Secretary summarily cancels a permit or license issued
13pursuant to this Section, the permit holder or licensee may
14petition the Department for a hearing in accordance with the
15provisions of subsection (b) of Section 26 of this Act to
16reinstate his or her permit or license.
17    (k) In addition to terminating any permit or license
18issued pursuant to this Section, the Department may impose a
19monetary penalty not to exceed $10,000 upon the temporary
20permit holder or licensee and may notify any state in which the
21temporary permit holder or licensee has been issued a license
22that his or her Illinois permit or license has been terminated
23and the reasons for the termination. The monetary penalty
24shall be paid within 60 days after the effective date of the
25order imposing the penalty. The order shall constitute a
26judgment and may be filed and execution had thereon in the same



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1manner as any judgment from any court of record. It is the
2intent of the General Assembly that a permit or license issued
3pursuant to this Section shall be considered a privilege and
4not a property right.
5(Source: P.A. 102-582, eff. 1-1-22.)
6    (225 ILCS 25/45)  (from Ch. 111, par. 2345)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 45. Advertising. The purpose of this Section is to
9authorize and regulate the advertisement by dentists of
10information which is intended to provide the public with a
11sufficient basis upon which to make an informed selection of
12dentists while protecting the public from false or misleading
13advertisements which would detract from the fair and rational
14selection process.
15    Any dentist may advertise the availability of dental
16services in the public media or on the premises where such
17dental services are rendered. Such advertising shall be
18limited to the following information:
19        (a) The dental services available;
20        (b) Publication of the dentist's name, title, office
21    hours, address and telephone;
22        (c) Information pertaining to his or her area of
23    specialization, including appropriate board certification
24    or limitation of professional practice;
25        (d) Information on usual and customary fees for



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1    routine dental services offered, which information shall
2    include notification that fees may be adjusted due to
3    complications or unforeseen circumstances;
4        (e) Announcement of the opening of, change of, absence
5    from, or return to business;
6        (f) Announcement of additions to or deletions from
7    professional dental staff;
8        (g) The issuance of business or appointment cards;
9        (h) Other information about the dentist, dentist's
10    practice or the types of dental services which the dentist
11    offers to perform which a reasonable person might regard
12    as relevant in determining whether to seek the dentist's
13    services. However, any advertisement which announces the
14    availability of endodontics, pediatric dentistry,
15    periodontics, prosthodontics, orthodontics and
16    dentofacial orthopedics, oral and maxillofacial surgery,
17    or oral and maxillofacial radiology by a general dentist
18    or by a licensed specialist who is not licensed in that
19    specialty shall include a disclaimer stating that the
20    dentist does not hold a license in that specialty.
21    Any dental practice with more than one location that
22enrolls its dentist as a participating provider in a managed
23care plan's network must verify electronically or in writing
24to the managed care plan whether the provider is accepting new
25patients at each of the specific locations listing the
26provider. The health plan shall remove the provider from the



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1directory in accordance with standard practices within 10
2business days after being notified of the changes by the
3provider. Nothing in this paragraph shall void any contractual
4relationship between the provider and the plan.
5    It is unlawful for any dentist licensed under this Act to
6do any of the following:
7        (1) Use claims of superior quality of care to entice
8    the public.
9        (2) Advertise in any way to practice dentistry without
10    causing pain.
11        (3) Pay a fee to any dental referral service or other
12    third party who advertises a dental referral service,
13    unless all advertising of the dental referral service
14    makes it clear that dentists are paying a fee for that
15    referral service.
16        (4) Advertise or offer gifts as an inducement to
17    secure dental patronage. Dentists may advertise or offer
18    free examinations or free dental services; it shall be
19    unlawful, however, for any dentist to charge a fee to any
20    new patient for any dental service provided at the time
21    that such free examination or free dental services are
22    provided.
23        (5) Use the term "sedation dentistry" or similar terms
24    in advertising unless the advertising dentist holds a
25    valid and current permit issued by the Department to
26    administer either general anesthesia, deep sedation, or



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1    moderate conscious sedation as required under Section 8.1
2    of this Act.
3    This Act does not authorize the advertising of dental
4services when the offeror of such services is not a dentist.
5Nor shall the dentist use statements which contain false,
6fraudulent, deceptive or misleading material or guarantees of
7success, statements which play upon the vanity or fears of the
8public, or statements which promote or produce unfair
10    A dentist shall be required to keep a copy of all
11advertisements for a period of 3 years. All advertisements in
12the dentist's possession shall indicate the accurate date and
13place of publication.
14    The Department shall adopt rules to carry out the intent
15of this Section.
16(Source: P.A. 99-329, eff. 1-1-16.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".