Full Text of SB2965 101st General Assembly
SB2965 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2965 Introduced 2/4/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED: |
| 225 ILCS 25/4 | from Ch. 111, par. 2304 | 225 ILCS 25/54.3 | |
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Amends the Illinois Dental Practice Act. Makes changes to the definitions of "branches of dentistry" and "teledentistry". Provides that a dentist may administer vaccinations to patients 18 years of age and older if it is a general policy or recommendation published by the Centers for Disease Control or the Director of Public Health. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Dental Practice Act is amended by | 5 | | changing Sections 4 and 54.3 as follows:
| 6 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| 7 | | (Section scheduled to be repealed on January 1, 2026)
| 8 | | Sec. 4. Definitions. As used in this Act:
| 9 | | "Address of record" means the designated address recorded | 10 | | by the Department in the applicant's or licensee's application | 11 | | file or license file as maintained by the Department's | 12 | | licensure maintenance unit. It is the duty of the applicant or | 13 | | licensee to inform the Department of any change of address and | 14 | | those changes must be made either through the Department's | 15 | | website or by contacting the Department. | 16 | | "Department" means the Department of Financial and | 17 | | Professional Regulation.
| 18 | | "Secretary" means the Secretary of Financial and | 19 | | Professional Regulation.
| 20 | | "Board" means the Board of Dentistry.
| 21 | | "Dentist" means a person who has received a general license | 22 | | pursuant
to paragraph (a) of Section 11 of this Act and who may | 23 | | perform any intraoral
and extraoral procedure required in the |
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| 1 | | practice of dentistry and to whom is
reserved the | 2 | | responsibilities specified in Section 17.
| 3 | | "Dental hygienist" means a person who holds a license under | 4 | | this Act to
perform dental services as authorized by Section | 5 | | 18.
| 6 | | "Dental assistant" means an appropriately trained person
| 7 | | who, under the supervision of a dentist, provides dental | 8 | | services
as authorized by Section 17.
| 9 | | "Expanded function dental assistant" means a dental | 10 | | assistant who has completed the training required by Section | 11 | | 17.1 of this Act. | 12 | | "Dental laboratory" means a person, firm or corporation | 13 | | which:
| 14 | | (i) engages in making, providing, repairing or | 15 | | altering dental
prosthetic appliances and other artificial | 16 | | materials and devices which are
returned to a dentist for | 17 | | insertion into the human oral cavity or which
come in | 18 | | contact with its adjacent structures and tissues; and
| 19 | | (ii) utilizes or employs a dental technician to provide | 20 | | such services; and
| 21 | | (iii) performs such functions only for a dentist or | 22 | | dentists.
| 23 | | "Supervision" means supervision of a dental hygienist or a | 24 | | dental
assistant requiring that a dentist authorize the | 25 | | procedure, remain in the
dental facility while the procedure is | 26 | | performed, and approve the work
performed by the dental |
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| 1 | | hygienist or dental assistant before dismissal of
the patient, | 2 | | but does not mean that the dentist must be present at all
times | 3 | | in the treatment room.
| 4 | | "General supervision" means supervision of a dental | 5 | | hygienist
requiring that the patient be a patient of record,
| 6 | | that the dentist
examine the patient in accordance with Section | 7 | | 18 prior to treatment by the
dental hygienist, and that the
| 8 | | dentist authorize the procedures which
are being carried
out by | 9 | | a notation in the patient's record, but not requiring that a | 10 | | dentist
be present when the authorized
procedures are being | 11 | | performed. The
issuance of a prescription to a dental | 12 | | laboratory by a
dentist does not constitute general | 13 | | supervision.
| 14 | | "Public member" means a person who is not a health | 15 | | professional.
For purposes of board membership, any person with | 16 | | a significant financial
interest in a health service or | 17 | | profession is not a public member.
| 18 | | "Dentistry" means the healing art which is concerned with | 19 | | the
examination, diagnosis, treatment planning and care of | 20 | | conditions within
the human oral cavity and its adjacent | 21 | | tissues and structures, as further
specified in Section 17.
| 22 | | "Branches of dentistry" means the various specialties of | 23 | | dentistry
which, for purposes of this Act, shall be limited to | 24 | | the following:
endodontics, oral and maxillofacial surgery, | 25 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| 26 | | periodontics, prosthodontics, and oral and maxillofacial
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| 1 | | radiology , and dental anesthesiology .
| 2 | | "Specialist" means a dentist who has received a specialty | 3 | | license
pursuant to Section 11(b).
| 4 | | "Dental technician" means a person who owns, operates or is
| 5 | | employed by a dental laboratory and engages in making, | 6 | | providing, repairing
or altering dental prosthetic appliances | 7 | | and other artificial materials and
devices which are returned | 8 | | to a dentist for insertion into the human oral
cavity or which | 9 | | come in contact with its adjacent structures and tissues.
| 10 | | "Impaired dentist" or "impaired dental hygienist" means a | 11 | | dentist
or dental hygienist who is unable to practice with
| 12 | | reasonable skill and safety because of a physical or mental | 13 | | disability as
evidenced by a written determination or written | 14 | | consent based on clinical
evidence, including deterioration | 15 | | through the aging process, loss of motor
skills, abuse of drugs | 16 | | or alcohol, or a psychiatric disorder, of sufficient
degree to | 17 | | diminish the person's ability to deliver competent patient | 18 | | care.
| 19 | | "Nurse" means a registered professional nurse, a certified | 20 | | registered
nurse anesthetist licensed as an advanced practice
| 21 | | registered nurse, or a licensed practical nurse licensed under | 22 | | the Nurse Practice Act.
| 23 | | "Patient of record" means a patient for whom the patient's | 24 | | most recent
dentist has obtained
a
relevant medical and dental | 25 | | history and on whom the dentist has performed an
examination | 26 | | and evaluated the condition to be treated.
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| 1 | | "Dental responder" means a dentist or dental hygienist who | 2 | | is appropriately certified in disaster preparedness, | 3 | | immunizations, and dental humanitarian medical response | 4 | | consistent with the Society of Disaster Medicine and Public | 5 | | Health and training certified by the National Incident | 6 | | Management System or the National Disaster Life Support | 7 | | Foundation.
| 8 | | "Mobile dental van or portable dental unit" means any | 9 | | self-contained or portable dental unit in which dentistry is | 10 | | practiced that can be moved, towed, or transported from one | 11 | | location to another in order to establish a location where | 12 | | dental services can be provided. | 13 | | "Public health dental hygienist" means a hygienist who | 14 | | holds a valid license to practice in the State, has 2 years of | 15 | | full-time clinical experience or an equivalent of 4,000 hours | 16 | | of clinical experience and has completed at least 42 clock | 17 | | hours of additional structured courses in dental education in | 18 | | advanced areas specific to public health dentistry. | 19 | | "Public health setting" means a federally qualified health | 20 | | center; a federal, State, or local public health facility; Head | 21 | | Start; a special supplemental nutrition program for Women, | 22 | | Infants, and Children (WIC) facility; or a certified | 23 | | school-based health center or school-based oral health | 24 | | program. | 25 | | "Public health supervision" means the supervision of a | 26 | | public health dental hygienist by a licensed dentist who has a |
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| 1 | | written public health supervision agreement with that public | 2 | | health dental hygienist while working in an approved facility | 3 | | or program that allows the public health dental hygienist to | 4 | | treat patients, without a dentist first examining the patient | 5 | | and being present in the facility during treatment, (1) who are | 6 | | eligible for Medicaid or (2) who are uninsured and whose | 7 | | household income is not greater than 200% of the federal | 8 | | poverty level. | 9 | | "Teledentistry" means the use of telehealth systems and | 10 | | methodologies in dentistry and includes limited patient | 11 | | diagnosis, treatment planning, care and education delivery | 12 | | using synchronous and asynchronous communications under an | 13 | | Illinois licensed a dentist's authority as provided under this | 14 | | Act. | 15 | | (Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18; | 16 | | 100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff. | 17 | | 7-26-19; revised 9-27-19.)
| 18 | | (225 ILCS 25/54.3) | 19 | | (Section scheduled to be repealed on January 1, 2026) | 20 | | Sec. 54.3. Vaccinations. | 21 | | (a) Notwithstanding Section 54.2 of this Act, a dentist may | 22 | | administer vaccinations upon completion of appropriate | 23 | | training set forth by rule and approved by the Department on | 24 | | appropriate vaccine storage, proper administration, and | 25 | | addressing contraindications and adverse reactions. |
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| 1 | | Vaccinations shall be limited to patients 18 years of age and | 2 | | older pursuant to a valid prescription or standing order by a | 3 | | physician licensed to practice medicine in all its branches | 4 | | who, in the course of professional practice, administers | 5 | | vaccines to patients or if it is a general policy or | 6 | | recommendation published by the Centers for Disease Control or | 7 | | the Director of Public Health . Methods of communication shall | 8 | | be established for consultation with the physician in person or | 9 | | by telecommunications. | 10 | | (b) Vaccinations administered by a dentist shall be limited | 11 | | to influenza (inactivated influenza vaccine and live | 12 | | attenuated influenza intranasal vaccine). Vaccines shall only | 13 | | be administered by the dentist and shall not be delegated to an | 14 | | assistant or any other person. Vaccination of a patient by a | 15 | | dentist shall be documented in the patient's dental record and | 16 | | the record shall be retained in accordance with current dental | 17 | | recordkeeping standards. The dentist shall notify the | 18 | | patient's primary care physician of each dose of vaccine | 19 | | administered to the patient and shall enter all patient level | 20 | | data or update the patient's current record. The dentist may | 21 | | provide this notice to the patient's physician electronically. | 22 | | In addition, the dentist shall enter all patient level data on | 23 | | vaccines administered in the immunization data registry | 24 | | maintained by the Department of Public Health. | 25 | | (c) A dentist shall only provide vaccinations under this | 26 | | Section if contracted with and credentialed by the patient's |
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| 1 | | health insurance, health maintenance organization, or other | 2 | | health plan to specifically provide the vaccinations allowed | 3 | | under this Section. Persons enrolled in Medicare or Medicaid | 4 | | may only receive the vaccinations allowed for under this | 5 | | Section from dentists who are authorized to do so by the | 6 | | federal Centers for Medicare and Medicaid Services or the | 7 | | Department of Healthcare and Family Services. | 8 | | (d) The Department shall adopt any rules necessary to | 9 | | implement this Section. | 10 | | (e) This Section is repealed on January 1, 2026.
| 11 | | (Source: P.A. 101-162, eff. 7-26-19.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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