Public Act 103-0425
HB2077 EnrolledLRB103 05331 AMQ 50350 b HB2077 Enrolled LRB103 05331 AMQ 50350 b
HB2077 Enrolled LRB103 05331 AMQ 50350 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Dental Practice Act is amended by
changing Sections 4, 11, 16.1, 17, 19, 23, and 50 and by adding
Section 50.1 as follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Board" means the Board of Dentistry.
"Dentist" means a person who has received a general
license pursuant to paragraph (a) of Section 11 of this Act and
HB2077 Enrolled LRB103 05331 AMQ 50350 b
who may perform any intraoral and extraoral procedure required
in the practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license
under this Act to perform dental services as authorized by
Section 18.
"Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
"Expanded function dental assistant" means a dental
assistant who has completed the training required by Section
17.1 of this Act.
"Dental laboratory" means a person, firm, or corporation
which:
(i) engages in making, providing, repairing, or
altering dental prosthetic appliances and other artificial
materials and devices which are returned to a dentist for
insertion into the human oral cavity or which come in
contact with its adjacent structures and tissues; and
(ii) utilizes or employs a dental technician to
provide such services; and
(iii) performs such functions only for a dentist or
dentists.
"Supervision" means supervision of a dental hygienist or a
dental assistant requiring that a dentist authorize the
procedure, remain in the dental facility while the procedure
is performed, and approve the work performed by the dental
hygienist or dental assistant before dismissal of the patient,
but does not mean that the dentist must be present at all times
in the treatment room.
"General supervision" means supervision of a dental
hygienist requiring that the patient be a patient of record,
that the dentist examine the patient in accordance with
Section 18 prior to treatment by the dental hygienist, and
that the dentist authorize the procedures which are being
carried out by a notation in the patient's record, but not
requiring that a dentist be present when the authorized
procedures are being performed. The issuance of a prescription
to a dental laboratory by a dentist does not constitute
general supervision.
"Public member" means a person who is not a health
professional. For purposes of board membership, any person
with a significant financial interest in a health service or
profession is not a public member.
"Dentistry" means the healing art which is concerned with
the examination, diagnosis, treatment planning, and care of
conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
"Branches of dentistry" means the various specialties of
dentistry which, for purposes of this Act, shall be limited to
the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,
periodontics, prosthodontics, oral and maxillofacial
radiology, and dental anesthesiology.
"Specialist" means a dentist who has received a specialty
license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates, or
is employed by a dental laboratory and engages in making,
providing, repairing, or altering dental prosthetic appliances
and other artificial materials and devices which are returned
to a dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues.
"Impaired dentist" or "impaired dental hygienist" means a
dentist or dental hygienist who is unable to practice with
reasonable skill and safety because of a physical or mental
disability as evidenced by a written determination or written
consent based on clinical evidence, including deterioration
through the aging process, loss of motor skills, abuse of
drugs or alcohol, or a psychiatric disorder, of sufficient
degree to diminish the person's ability to deliver competent
patient care.
"Nurse" means a registered professional nurse, a certified
registered nurse anesthetist licensed as an advanced practice
registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
"Patient of record" means a patient for whom the patient's
most recent dentist has obtained a relevant medical and dental
history and on whom the dentist has performed an examination
and evaluated the condition to be treated.
"Dental responder" means a dentist or dental hygienist who
is appropriately certified in disaster preparedness,
immunizations, and dental humanitarian medical response
consistent with the Society of Disaster Medicine and Public
Health and training certified by the National Incident
Management System or the National Disaster Life Support
Foundation.
"Mobile dental van or portable dental unit" means any
self-contained or portable dental unit in which dentistry is
practiced that can be moved, towed, or transported from one
location to another in order to establish a location where
dental services can be provided.
"Public health dental hygienist" means a hygienist who
holds a valid license to practice in the State, has 2 years of
full-time clinical experience or an equivalent of 4,000 hours
of clinical experience, and has completed at least 42 clock
hours of additional structured courses in dental education in
advanced areas specific to public health dentistry.
"Public health setting" means a federally qualified health
center; a federal, State, or local public health facility;
Head Start; a special supplemental nutrition program for
Women, Infants, and Children (WIC) facility; a certified
school-based health center or school-based oral health
program; a prison; or a long-term care facility.
"Public health supervision" means the supervision of a
public health dental hygienist by a licensed dentist who has a
written public health supervision agreement with that public
health dental hygienist while working in an approved facility
or program that allows the public health dental hygienist to
treat patients, without a dentist first examining the patient
and being present in the facility during treatment, (1) who
are eligible for Medicaid or (2) who are uninsured and whose
household income is not greater than 300% 200% of the federal
poverty level.
"Teledentistry" means the use of telehealth systems and
methodologies in dentistry and includes patient care and
education delivery using synchronous and asynchronous
communications under a dentist's authority as provided under
this Act.
(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
1-1-23.)
(225 ILCS 25/11) (from Ch. 111, par. 2311)
(Section scheduled to be repealed on January 1, 2026)
Sec. 11. Types of dental licenses. The Department shall
have the authority to issue the following types of licenses:
(a) General licenses. The Department shall issue a license
authorizing practice as a dentist to any person who qualifies
for a license under this Act.
(b) Specialty licenses. The Department shall issue a
license authorizing practice as a specialist in any particular
branch of dentistry to any dentist who has complied with the
requirements established for that particular branch of
dentistry at the time of making application. The Department
shall establish additional requirements of any dentist who
announces or holds himself or herself out to the public as a
specialist or as being specially qualified in any particular
branch of dentistry.
No dentist shall announce or hold himself or herself out
to the public as a specialist or as being specially qualified
in any particular branch of dentistry unless he or she is
licensed to practice in that specialty of dentistry.
The fact that any dentist shall announce by card,
letterhead, or any other form of communication using terms as
"Specialist", ," "Practice Limited To", or "Limited to
Specialty of" with the name of the branch of dentistry
practiced as a specialty, or shall use equivalent words or
phrases to announce the same, shall be prima facie evidence
that the dentist is holding himself or herself out to the
public as a specialist.
(c) Temporary training licenses. Persons who wish to
pursue specialty or other advanced clinical educational
programs in an approved dental school or a hospital situated
in this State, or persons who wish to pursue programs of
specialty training in dental public health in public agencies
in this State, may receive without examination, in the
discretion of the Department, a temporary training license. In
order to receive a temporary training license under this
subsection, an applicant shall furnish satisfactory proof to
the Department that:
(1) The applicant is at least 21 years of age and is of
good moral character. In determining moral character under
this Section, the Department may take into consideration
any felony conviction of the applicant, but such a
conviction shall not operate as bar to licensure;
(2) The applicant has been accepted or appointed for
specialty or residency training by an approved hospital
situated in this State, by an approved dental school
situated in this State, or by a public health agency in
this State the training programs of which are recognized
and approved by the Department. The applicant shall
indicate the beginning and ending dates of the period for
which he or she has been accepted or appointed;
(3) The applicant is a graduate of a dental school or
college approved and in good standing in the judgment of
the Department. The Department may consider diplomas or
certifications of education, or both, accompanied by
transcripts of course work and credits awarded to
determine if an applicant has graduated from a dental
school or college approved and in good standing. The
Department may also consider diplomas or certifications of
education, or both, accompanied by transcripts of course
work and credits awarded in determining whether a dental
school or college is approved and in good standing.
Temporary training licenses issued under this Section
shall be valid only for the duration of the period of residency
or specialty training and may be extended or renewed as
prescribed by rule. The holder of a valid temporary training
license shall be entitled thereby to perform acts as may be
prescribed by and incidental to his or her program of
residency or specialty training; but he or she shall not be
entitled to engage in the practice of dentistry in this State.
A temporary training license may be revoked by the
Department upon proof that the holder has engaged in the
practice of dentistry in this State outside of his or her
program of residency or specialty training, or if the holder
shall fail to supply the Department, within 10 days of its
request, with information as to his or her current status and
activities in his or her specialty training program.
(d) Faculty limited licenses. Persons who have received
full-time appointments to teach dentistry at an approved
dental school or hospital situated in this State may receive
without examination, in the discretion of the Department, a
faculty limited license. In order to receive a faculty limited
license an applicant shall furnish satisfactory proof to the
Department that:
(1) The applicant is at least 21 years of age, is of
good moral character, and is licensed to practice
dentistry in another state or country; and
(2) The applicant has a full-time appointment to teach
dentistry at an approved dental school or hospital
situated in this State.
Faculty limited licenses issued under this Section shall
be valid for a period of 3 years and may be extended or
renewed. The holder of a valid faculty limited license may
perform acts as may be required by his or her teaching of
dentistry. The In addition, the holder of a faculty limited
license may practice general dentistry or in his or her area of
specialty, but only in a clinic or office affiliated with the
dental school. The holder of a faculty limited license may
advertise a specialty degree as part of the licensee's ability
to practice in a faculty practice. Any faculty limited license
issued to a faculty member under this Section shall terminate
immediately and automatically, without any further action by
the Department, if the holder ceases to be a faculty member at
an approved dental school or hospital in this State.
The Department may revoke a faculty limited license for a
violation of this Act or its rules, or if the holder fails to
supply the Department, within 10 days of its request, with
information as to his or her current status and activities in
his or her teaching program.
(e) Inactive status. Any person who holds one of the
licenses under subsection (a) or (b) of Section 11 or under
Section 12 of this Act may elect, upon payment of the required
fee, to place his or her license on an inactive status and
shall, subject to the rules of the Department, be excused from
the payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume active
status.
Any licensee requesting restoration from inactive status
shall be required to pay the current renewal fee and upon
payment the Department shall be required to restore his or her
license, as provided in Section 16 of this Act.
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(f) Certificates of Identification. In addition to the
licenses authorized by this Section, the Department shall
deliver to each dentist a certificate of identification in a
form specified by the Department.
(Source: P.A. 100-976, eff. 1-1-19.)
(225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16.1. Continuing education. The Department shall
promulgate rules of continuing education for persons licensed
under this Act. In establishing rules, the Department shall
require a minimum of 48 hours of study in approved courses for
dentists during each 3-year licensing period and a minimum of
36 hours of study in approved courses for dental hygienists
during each 3-year licensing period.
The Department shall approve only courses that are
relevant to the treatment and care of patients, including, but
not limited to, clinical courses in dentistry and dental
hygiene and nonclinical courses such as patient management,
legal and ethical responsibilities, and stress management. The
Department shall allow up to 4 hours of continuing education
credit hours per license renewal period for volunteer hours
spent providing clinical services at, or sponsored by, a
nonprofit community clinic, local or state health department,
or a charity event. Courses shall not be approved in such
subjects as estate and personal financial planning, personal
investments, or personal health. Approved courses may include,
but shall not be limited to, courses that are offered or
sponsored by approved colleges, universities, and hospitals
and by recognized national, State, and local dental and dental
hygiene organizations. When offering a continuing education
course, whether at no cost or for a fee, the course provider
shall explicitly disclose that the course is an approved
course for continuing education in the State of Illinois, as
provided in this Section or by the rules adopted by the
Department.
No license shall be renewed unless the renewal application
is accompanied by an affidavit indicating that the applicant
has completed the required minimum number of hours of
continuing education in approved courses as required by this
Section. The affidavit shall not require a listing of courses.
The affidavit shall be a prima facie evidence that the
applicant has obtained the minimum number of required
continuing education hours in approved courses. The Department
shall not be obligated to conduct random audits or otherwise
independently verify that an applicant has met the continuing
education requirement. The Department, however, may not
conduct random audits of more than 10% of the licensed
dentists and dental hygienists in any one licensing cycle to
verify compliance with continuing education requirements. If
the Department, however, receives a complaint that a licensee
has not completed the required continuing education or if the
Department is investigating another alleged violation of this
Act by a licensee, the Department may demand and shall be
entitled to receive evidence from any licensee of completion
of required continuing education courses for the most recently
completed 3-year licensing period. Evidence of continuing
education may include, but is not limited to, canceled checks,
official verification forms of attendance, and continuing
education recording forms, that demonstrate a reasonable
record of attendance. The Board shall determine, in accordance
with rules adopted by the Department, whether a licensee or
applicant has met the continuing education requirements. Any
dentist who holds more than one license under this Act shall be
required to complete only the minimum number of hours of
continuing education required for renewal of a single license.
The Department may provide exemptions from continuing
education requirements.
(Source: P.A. 99-492, eff. 12-31-15.)
(225 ILCS 25/17) (from Ch. 111, par. 2317)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. Acts constituting the practice of dentistry. A
person practices dentistry, within the meaning of this Act:
(1) Who represents himself or herself as being able to
diagnose or diagnoses, treats, prescribes, or operates for
any disease, pain, deformity, deficiency, injury, or
physical condition of the human tooth, teeth, alveolar
process, gums, or jaw; or
(2) Who is a manager, proprietor, operator, or
conductor of a business where dental operations are
performed; or
(3) Who performs dental operations of any kind; or
(4) Who uses an X-Ray machine or X-Ray films for
dental diagnostic purposes; or
(5) Who extracts a human tooth or teeth, or corrects
or attempts to correct malpositions of the human teeth or
jaws; or
(6) Who offers or undertakes, by any means or method,
to diagnose, treat, or remove stains, calculus, and
bonding materials from human teeth or jaws; or
(7) Who uses or administers local or general
anesthetics in the treatment of dental or oral diseases or
in any preparation incident to a dental operation of any
kind or character; or
(8) Who takes material or digital scans for final
impressions of the human tooth, teeth, or jaws or performs
any phase of any operation incident to the replacement of
a part of a tooth, a tooth, teeth, or associated tissues by
means of a filling, crown, a bridge, a denture, or other
appliance; or
(9) Who offers to furnish, supply, construct,
reproduce, or repair, or who furnishes, supplies,
constructs, reproduces, or repairs, prosthetic dentures,
bridges, or other substitutes for natural teeth, to the
user or prospective user thereof; or
(10) Who instructs students on clinical matters or
performs any clinical operation included in the curricula
of recognized dental schools and colleges; or
(11) Who takes material or digital scans for final
impressions of human teeth or places his or her hands in
the mouth of any person for the purpose of applying teeth
whitening materials, or who takes impressions of human
teeth or places his or her hands in the mouth of any person
for the purpose of assisting in the application of teeth
whitening materials. A person does not practice dentistry
when he or she discloses to the consumer that he or she is
not licensed as a dentist under this Act and (i) discusses
the use of teeth whitening materials with a consumer
purchasing these materials; (ii) provides instruction on
the use of teeth whitening materials with a consumer
purchasing these materials; or (iii) provides appropriate
equipment on-site to the consumer for the consumer to
self-apply teeth whitening materials.
The fact that any person engages in or performs, or offers
to engage in or perform, any of the practices, acts, or
operations set forth in this Section, shall be prima facie
evidence that such person is engaged in the practice of
dentistry.
The following practices, acts, and operations, however,
are exempt from the operation of this Act:
(a) The rendering of dental relief in emergency cases
in the practice of his or her profession by a physician or
surgeon, licensed as such under the laws of this State,
unless he or she undertakes to reproduce or reproduces
lost parts of the human teeth in the mouth or to restore or
replace lost or missing teeth in the mouth; or
(b) The practice of dentistry in the discharge of
their official duties by dentists in any branch of the
Armed Services of the United States, the United States
Public Health Service, or the United States Veterans
Administration; or
(c) The practice of dentistry by students in their
course of study in dental schools or colleges approved by
the Department, when acting under the direction and
supervision of dentists acting as instructors; or
(d) The practice of dentistry by clinical instructors
in the course of their teaching duties in dental schools
or colleges approved by the Department:
(i) when acting under the direction and
supervision of dentists, provided that such clinical
instructors have instructed continuously in this State
since January 1, 1986; or
(ii) when holding the rank of full professor at
such approved dental school or college and possessing
a current valid license or authorization to practice
dentistry in another country; or
(e) The practice of dentistry by licensed dentists of
other states or countries at meetings of the Illinois
State Dental Society or component parts thereof, alumni
meetings of dental colleges, or any other like dental
organizations, while appearing as clinicians; or
(f) The use of X-Ray machines for exposing X-Ray films
of dental or oral tissues by dental hygienists or dental
assistants; or
(g) The performance of any dental service by a dental
assistant, if such service is performed under the
supervision and full responsibility of a dentist. In
addition, after being authorized by a dentist, a dental
assistant may, for the purpose of eliminating pain or
discomfort, remove loose, broken, or irritating
orthodontic appliances on a patient of record.
For purposes of this paragraph (g), "dental service"
is defined to mean any intraoral procedure or act which
shall be prescribed by rule or regulation of the
Department. "Dental service", however, shall not include:
(1) Any and all diagnosis of or prescription for
treatment of disease, pain, deformity, deficiency,
injury, or physical condition of the human teeth or
jaws, or adjacent structures.
(2) Removal of, or restoration of, or addition to
the hard or soft tissues of the oral cavity, except for
the placing, carving, and finishing of amalgam
restorations and placing, packing, and finishing
composite restorations by dental assistants who have
had additional formal education and certification.
A dental assistant may place, carve, and finish
amalgam restorations, place, pack, and finish
composite restorations, and place interim restorations
if he or she (A) has successfully completed a
structured training program as described in item (2)
of subsection (g) provided by an educational
institution accredited by the Commission on Dental
Accreditation, such as a dental school or dental
hygiene or dental assistant program, or (B) has at
least 4,000 hours of direct clinical patient care
experience and has successfully completed a structured
training program as described in item (2) of
subsection (g) provided by a statewide dental
association, approved by the Department to provide
continuing education, that has developed and conducted
training programs for expanded functions for dental
assistants or hygienists. The training program must:
(i) include a minimum of 16 hours of didactic study and
14 hours of clinical manikin instruction; all training
programs shall include areas of study in nomenclature,
caries classifications, oral anatomy, periodontium,
basic occlusion, instrumentations, pulp protection
liners and bases, dental materials, matrix and wedge
techniques, amalgam placement and carving, rubber dam
clamp placement, and rubber dam placement and removal;
(ii) include an outcome assessment examination that
demonstrates competency; (iii) require the supervising
dentist to observe and approve the completion of 8
amalgam or composite restorations; and (iv) issue a
certificate of completion of the training program,
which must be kept on file at the dental office and be
made available to the Department upon request. A
dental assistant must have successfully completed an
approved coronal polishing and dental sealant course
prior to taking the amalgam and composite restoration
course.
A dentist utilizing dental assistants shall not
supervise more than 4 dental assistants at any one
time for placing, carving, and finishing of amalgam
restorations or for placing, packing, and finishing
composite restorations.
(3) Any and all correction of malformation of
teeth or of the jaws.
(4) Administration of anesthetics, except for
monitoring of nitrous oxide, conscious sedation, deep
sedation, and general anesthetic as provided in
Section 8.1 of this Act, that may be performed only
after successful completion of a training program
approved by the Department. A dentist utilizing dental
assistants shall not supervise more than 4 dental
assistants at any one time for the monitoring of
nitrous oxide.
(5) Removal of calculus from human teeth.
(6) Taking of material or digital scans for final
impressions for the fabrication of prosthetic
appliances, crowns, bridges, inlays, onlays, or other
restorative or replacement dentistry.
(7) The operative procedure of dental hygiene
consisting of oral prophylactic procedures, except for
coronal polishing and pit and fissure sealants, which
may be performed by a dental assistant who has
successfully completed a training program approved by
the Department. Dental assistants may perform coronal
polishing under the following circumstances: (i) the
coronal polishing shall be limited to polishing the
clinical crown of the tooth and existing restorations,
supragingivally; (ii) the dental assistant performing
the coronal polishing shall be limited to the use of
rotary instruments using a rubber cup or brush
polishing method (air polishing is not permitted); and
(iii) the supervising dentist shall not supervise more
than 4 dental assistants at any one time for the task
of coronal polishing or pit and fissure sealants.
In addition to coronal polishing and pit and
fissure sealants as described in this item (7), a
dental assistant who has at least 2,000 hours of
direct clinical patient care experience and who has
successfully completed a structured training program
provided by (1) an educational institution including,
but not limited to, a dental school or dental hygiene
or dental assistant program, or (2) a continuing
education provider approved by the Department, or (3)
a statewide dental or dental hygienist association,
approved by the Department on or before January 1,
2017 (the effective date of Public Act 99-680), that
has developed and conducted a training program for
expanded functions for dental assistants or hygienists
may perform: (A) coronal scaling above the gum line,
supragingivally, on the clinical crown of the tooth
only on patients 17 years of age or younger who have an
absence of periodontal disease and who are not
medically compromised or individuals with special
needs and (B) intracoronal temporization of a tooth.
The training program must: (I) include a minimum of 32
hours of instruction in both didactic and clinical
manikin or human subject instruction; all training
programs shall include areas of study in dental
anatomy, public health dentistry, medical history,
dental emergencies, and managing the pediatric
patient; (II) include an outcome assessment
examination that demonstrates competency; (III)
require the supervising dentist to observe and approve
the completion of 6 full mouth supragingival scaling
procedures unless the training was received as part of
a Commission on Dental Accreditation approved dental
assistant program; and (IV) issue a certificate of
completion of the training program, which must be kept
on file at the dental office and be made available to
the Department upon request. A dental assistant must
have successfully completed an approved coronal
polishing course prior to taking the coronal scaling
course. A dental assistant performing these functions
shall be limited to the use of hand instruments only.
In addition, coronal scaling as described in this
paragraph shall only be utilized on patients who are
eligible for Medicaid, who are uninsured, or whose
household income is not greater than 300% of the
federal poverty level. A dentist may not supervise
more than 2 dental assistants at any one time for the
task of coronal scaling. This paragraph is inoperative
on and after January 1, 2026.
The limitations on the number of dental assistants a
dentist may supervise contained in items (2), (4), and (7)
of this paragraph (g) mean a limit of 4 total dental
assistants or dental hygienists doing expanded functions
covered by these Sections being supervised by one dentist;
or
(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a general dental license and has complied with all
provisions of Section 9 of this Act, except for the
passage of the examination specified in subsection (e)
of Section 9 of this Act; or
(ii) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a temporary dental license and has complied with all
provisions of subsection (c) of Section 11 of this
Act; and
(iii) has been accepted or appointed for specialty
or residency training by a hospital situated in this
State; or
(iv) has been accepted or appointed for specialty
training in an approved dental program situated in
this State; or
(v) has been accepted or appointed for specialty
training in a dental public health agency situated in
this State.
The applicant shall be permitted to practice dentistry
for a period of 3 months from the starting date of the
program, unless authorized in writing by the Department to
continue such practice for a period specified in writing
by the Department.
The applicant shall only be entitled to perform such
acts as may be prescribed by and incidental to his or her
program of residency or specialty training and shall not
otherwise engage in the practice of dentistry in this
State.
The authority to practice shall terminate immediately
upon:
(1) the decision of the Department that the
applicant has failed the examination; or
(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
102-936, eff. 1-1-23.)
(225 ILCS 25/19) (from Ch. 111, par. 2319)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19. Licensing applicants from other states. Any
person who has been lawfully licensed to practice dentistry,
including the practice of a licensed dental specialty, or
dental hygiene in another state or territory or as a member of
the military service which has and maintains a standard for
the practice of dentistry, a dental specialty, or dental
hygiene at least equal to that now maintained in this State, or
if the requirements for licensure in such state or territory
in which the applicant was licensed were, at the date of his or
her licensure, substantially equivalent to the requirements
then in force in this State, and who has been lawfully engaged
in the practice of dentistry or dental hygiene for at least 2 3
of the 5 years immediately preceding the filing of his or her
application to practice in this State and who shall deposit
with the Department a duly attested certificate from the Board
of the state or territory in which he or she is licensed,
certifying to the fact of his or her licensing and of his or
her being a person of good moral character may, upon payment of
the required fee, be granted a license to practice dentistry,
a dental specialty, or dental hygiene in this State, as the
case may be.
For the purposes of this Section, "substantially
equivalent" means that the applicant has presented evidence of
completion and graduation from an American Dental Association
accredited dental college or school in the United States or
Canada, presented evidence that the applicant has passed both
parts of the National Board Dental Examination, and
successfully completed an examination conducted by a regional
testing service. In computing 3 of the immediately preceding 5
years of practice in another state or territory, any person
who left the practice of dentistry to enter the military
service and who practiced dentistry while in the military
service may count as a part of such period the time spent by
him or her in such service.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
(225 ILCS 25/23) (from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2026)
Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000
per violation, with regard to any license for any one or any
combination of the following causes:
1. Fraud or misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act.
2. Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
3. Willful or repeated violations of the rules of the
Department of Public Health or Department of Nuclear
Safety.
4. Acceptance of a fee for service as a witness,
without the knowledge of the court, in addition to the fee
allowed by the court.
5. Division of fees or agreeing to split or divide the
fees received for dental services with any person for
bringing or referring a patient, except in regard to
referral services as provided for under Section 45, or
assisting in the care or treatment of a patient, without
the knowledge of the patient or his or her legal
representative. Nothing in this item 5 affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this item 5 shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
6. Employing, procuring, inducing, aiding or abetting
a person not licensed or registered as a dentist or dental
hygienist to engage in the practice of dentistry or dental
hygiene. The person practiced upon is not an accomplice,
employer, procurer, inducer, aider, or abetter within the
meaning of this Act.
7. Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
dental patronage.
8. Professional connection or association with or
lending his or her name to another for the illegal
practice of dentistry by another, or professional
connection or association with any person, firm or
corporation holding himself, herself, themselves, or
itself out in any manner contrary to this Act.
9. Obtaining or seeking to obtain practice, money, or
any other things of value by false or fraudulent
representations, but not limited to, engaging in such
fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family
Services (formerly Department of Public Aid) under the
Illinois Public Aid Code.
10. Practicing under a false or, except as provided by
law, an assumed name.
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing for any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that (i)
is a felony under the laws of this State or (ii) is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of dentistry.
13. Permitting a dental hygienist, dental assistant or
other person under his or her supervision to perform any
operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be
employed under his or her supervision at any one time.
15. A violation of any provision of this Act or any
rules promulgated under this Act.
16. Taking impressions for or using the services of
any person, firm or corporation violating this Act.
17. Violating any provision of Section 45 relating to
advertising.
18. Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
within this Act.
19. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
20. Gross negligence in practice under this Act.
21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in
the Illinois Controlled Substances Act, in any way other
than for therapeutic purposes.
22. Willfully making or filing false records or
reports in his or her practice as a dentist, including,
but not limited to, false records to support claims
against the dental assistance program of the Department of
Healthcare and Family Services (formerly Illinois
Department of Public Aid).
23. Professional incompetence as manifested by poor
standards of care.
24. Physical or mental illness, including, but not
limited to, deterioration through the aging process, or
loss of motor skills which results in a dentist's
inability to practice dentistry with reasonable judgment,
skill or safety. In enforcing this paragraph, the
Department may compel a person licensed to practice under
this Act to submit to a mental or physical examination
pursuant to the terms and conditions of Section 23b.
25. Gross or repeated irregularities in billing for
services rendered to a patient. For purposes of this
paragraph 25, "irregularities in billing" shall include:
(a) Reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the dentist for the services rendered.
(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
26. Continuing the active practice of dentistry while
knowingly having any infectious, communicable, or
contagious disease proscribed by rule or regulation of the
Department.
27. Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
28. Violating the Health Care Worker Self-Referral
Act.
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
competent jurisdiction.
31. A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
32. Material misstatement in furnishing information to
the Department.
33. Failing, within 60 days, to provide information in
response to a written request by the Department in the
course of an investigation.
34. Immoral conduct in the commission of any act,
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
35. Cheating on or attempting to subvert the licensing
examination administered under this Act.
36. A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
37. Failure to establish and maintain records of
patient care and treatment as required under this Act.
38. Failure to provide copies of dental records as
required by law.
39. Failure of a licensed dentist who owns or is
employed at a dental office to give notice of an office
closure to his or her patients at least 30 days prior to
the office closure pursuant to Section 50.1.
40. Failure to maintain a sanitary work environment.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any of
the foregoing grounds, must be commenced within 5 years after
receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein. Except for fraud in procuring a
license, no action shall be commenced more than 7 years after
the date of the incident or act alleged to have violated this
Section. The time during which the holder of the license was
outside the State of Illinois shall not be included within any
period of time limiting the commencement of disciplinary
action by the Department.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
Any dentist who has had his or her license suspended or
revoked for more than 5 years must comply with the
requirements for restoration set forth in Section 16 prior to
being eligible for reinstatement from the suspension or
revocation.
(Source: P.A. 99-492, eff. 12-31-15.)
(225 ILCS 25/50) (from Ch. 111, par. 2350)
(Section scheduled to be repealed on January 1, 2026)
Sec. 50. Patient records. Every dentist shall make a
record of all dental work performed for each patient. The
record shall be made in a manner and in sufficient detail that
it may be used for identification purposes. Dental records are
the property of the office in which dentistry is practiced.
Dental records required by this Section shall be
maintained for 10 years. Dental records required to be
maintained under this Section, or copies of those dental
records, shall be made available upon request to the patient
or the patient's guardian. A dentist shall be entitled to
reasonable reimbursement for the cost of reproducing these
records, which shall not exceed the cost allowed under Section
8-2001 of the Code of Civil Procedure. A dentist providing
services through a mobile dental van or portable dental unit
shall provide to the patient or the patient's parent or
guardian, in writing, the dentist's name, license number,
address, and information on how the patient or the patient's
parent or guardian may obtain the patient's dental records, as
provided by law.
(Source: P.A. 99-492, eff. 12-31-15.)
(225 ILCS 25/50.1 new)
Sec. 50.1. Closing a dental office. A dental office that
is closing and will not continue to offer dentistry services
must provide notice to its patients at least 30 days prior to
the closure. The notice to patients shall include an
explanation of how copies of the patient's records may be
accessed or obtained by the patient. The notice may be given by
publication in a newspaper of general circulation in the area
in which the dental office is located or in an electronic
format accessible by patients.
Section 10. The Illinois Controlled Substances Act is
amended by changing Sections 309 and 311.6 as follows:
(720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
Sec. 309. On or after April 1, 2000, no person shall issue
a prescription for a Schedule II controlled substance, which
is a narcotic drug listed in Section 206 of this Act; or which
contains any quantity of amphetamine or methamphetamine, their
salts, optical isomers or salts of optical isomers;
phenmetrazine and its salts; gluthethimide; and pentazocine,
other than on a written prescription; provided that in the
case of an emergency, epidemic or a sudden or unforeseen
accident or calamity, the prescriber may issue a lawful oral
prescription where failure to issue such a prescription might
result in loss of life or intense suffering, but such oral
prescription shall include a statement by the prescriber
concerning the accident or calamity, or circumstances
constituting the emergency, the cause for which an oral
prescription was used. Within 7 days after issuing an
emergency prescription, the prescriber shall cause a written
prescription for the emergency quantity prescribed to be
delivered to the dispensing pharmacist. The prescription shall
have written on its face "Authorization for Emergency
Dispensing", and the date of the emergency prescription. The
written prescription may be delivered to the pharmacist in
person, or by mail, but if delivered by mail it must be
postmarked within the 7-day period. Upon receipt, the
dispensing pharmacist shall attach this prescription to the
emergency oral prescription earlier received and reduced to
writing. The dispensing pharmacist shall notify the Department
of Financial and Professional Regulation if the prescriber
fails to deliver the authorization for emergency dispensing on
the prescription to him or her. Failure of the dispensing
pharmacist to do so shall void the authority conferred by this
paragraph to dispense without a written prescription of a
prescriber. All prescriptions issued for Schedule II
controlled substances shall include the quantity prescribed.
All nonelectronic prescriptions issued for Schedule II
controlled substances shall include both a written and
numerical notation of quantity on the face of the
prescription. No prescription for a Schedule II controlled
substance may be refilled. The Department shall provide, at no
cost, audit reviews and necessary information to the
Department of Financial and Professional Regulation in
conjunction with ongoing investigations being conducted in
whole or part by the Department of Financial and Professional
Regulation.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/311.6)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 311.6. Opioid prescriptions.
(a) Notwithstanding any other provision of law, a
prescription for a substance classified in Schedule II, III,
IV, or V must be sent electronically, in accordance with
Section 316. Prescriptions sent in accordance with this
subsection (a) must be accepted by the dispenser in electronic
format.
(b) Beginning on the effective date of this amendatory Act
of the 103rd General Assembly until December 31, 2028,
notwithstanding Notwithstanding any other provision of this
Section or any other provision of law, a prescriber shall not
be required to issue prescriptions electronically if he or she
certifies to the Department of Financial and Professional
Regulation that he or she will not issue more than 150 25
prescriptions during a 12-month period. Prescriptions in both
oral and written form for controlled substances shall be
included in determining whether the prescriber will reach the
limit of 150 25 prescriptions. Beginning January 1, 2029,
notwithstanding any other provision of this Section or any
other provision of law, a prescriber shall not be required to
issue prescriptions electronically if he or she certifies to
the Department of Financial and Professional Regulation that
he or she will not issue more than 50 prescriptions during a
12-month period. Prescriptions in both oral and written form
for controlled substances shall be included in determining
whether the prescriber will reach the limit of 50
prescriptions.
(b-5) Notwithstanding any other provision of this Section
or any other provision of law, a prescriber shall not be
required to issue prescriptions electronically under the
following circumstances:
(1) prior to January 1, 2026, the prescriber
demonstrates financial difficulties in buying or managing
an electronic prescription option, whether it is an
electronic health record or some other electronic
prescribing product;
(2) on and after January 1, 2026, the prescriber
provides proof of a waiver from the Centers for Medicare
and Medicaid Services for the Electronic Prescribing for
Controlled Substances Program due to demonstrated economic
hardship for the previous compliance year;
(3) there is a temporary technological or electrical
failure that prevents an electronic prescription from
being issued;
(4) the prescription is for a drug that the
practitioner reasonably determines would be impractical
for the patient to obtain in a timely manner if prescribed
by an electronic data transmission prescription and the
delay would adversely impact the patient's medical
condition;
(5) the prescription is for an individual who:
(A) resides in a nursing or assisted living
facility;
(B) is receiving hospice or palliative care;
(C) is receiving care at an outpatient renal
dialysis facility and the prescription is related to
the care provided;
(D) is receiving care through the United States
Department of Veterans Affairs; or
(E) is incarcerated in a state, detained, or
confined in a correctional facility;
(6) the prescription prescribes a drug under a
research protocol;
(7) the prescription is a non-patient specific
prescription dispensed under a standing order, approved
protocol for drug therapy, collaborative drug management,
or comprehensive medication management, or in response to
a public health emergency or other circumstance in which
the practitioner may issue a non-patient specific
prescription;
(8) the prescription is issued when the prescriber and
dispenser are the same entity; or
(9) the prescription is issued for a compound
prescription containing 2 or more compounds.
(c) The Department of Financial and Professional
Regulation may shall adopt rules for the administration of
this Section . These rules shall provide for the
implementation of any such exemption to the requirements under
this Section that the Department of Financial and Professional
Regulation may deem appropriate, including the exemption
provided for in subsection (b).