Illinois 2023-2024 Regular Session

Illinois House Bill HB2215 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2215 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 225 ILCS 25/4 from Ch. 111, par. 2304 225 ILCS 25/17 from Ch. 111, par. 2317 225 ILCS 25/26 from Ch. 111, par. 2326 225 ILCS 25/46.5 new Amends the Illinois Dental Practice Act. Provides that a person who provides teledentistry is considered to practice dentistry under the Act. Provides that a dentist practicing teledentistry is subject to the same standard of care as if those services were being delivered in a clinic or office setting. Provides that a patient receiving dental services through teledentistry shall be provided with the name, direct telephone number, and physical practice address of the treating dentist who will be involved in the teledentistry services. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions of the use of teledentistry services. Provides that it shall be a violation of the Act for a provider of dental services utilizing care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. Provides that a person may not sell a clear aligner to a patient unless the person has received written or electronic confirmation from a dentist licensed in this State that the patient has received an intraoral or extraoral dental examination and has had a review of new or recently conducted x-rays, panoramic x-rays, computed tomography, bone imaging scans, or other appropriate diagnostic imaging sufficient to allow the dentist to detect conditions in the patient that would preclude or contraindicate the provision of safe orthodontic treatment. Provides that a person who sells a clear aligner to a patient shall maintain any documents for not less than 7 years after the date of sale. Defines "informed consent" and "clear aligner". Changes the definitions of "patient of record" and "teledentistry". LRB103 26931 AMQ 53295 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2215 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 225 ILCS 25/4 from Ch. 111, par. 2304 225 ILCS 25/17 from Ch. 111, par. 2317 225 ILCS 25/26 from Ch. 111, par. 2326 225 ILCS 25/46.5 new 225 ILCS 25/4 from Ch. 111, par. 2304 225 ILCS 25/17 from Ch. 111, par. 2317 225 ILCS 25/26 from Ch. 111, par. 2326 225 ILCS 25/46.5 new Amends the Illinois Dental Practice Act. Provides that a person who provides teledentistry is considered to practice dentistry under the Act. Provides that a dentist practicing teledentistry is subject to the same standard of care as if those services were being delivered in a clinic or office setting. Provides that a patient receiving dental services through teledentistry shall be provided with the name, direct telephone number, and physical practice address of the treating dentist who will be involved in the teledentistry services. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions of the use of teledentistry services. Provides that it shall be a violation of the Act for a provider of dental services utilizing care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. Provides that a person may not sell a clear aligner to a patient unless the person has received written or electronic confirmation from a dentist licensed in this State that the patient has received an intraoral or extraoral dental examination and has had a review of new or recently conducted x-rays, panoramic x-rays, computed tomography, bone imaging scans, or other appropriate diagnostic imaging sufficient to allow the dentist to detect conditions in the patient that would preclude or contraindicate the provision of safe orthodontic treatment. Provides that a person who sells a clear aligner to a patient shall maintain any documents for not less than 7 years after the date of sale. Defines "informed consent" and "clear aligner". Changes the definitions of "patient of record" and "teledentistry". LRB103 26931 AMQ 53295 b LRB103 26931 AMQ 53295 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2215 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 25/4 from Ch. 111, par. 2304 225 ILCS 25/17 from Ch. 111, par. 2317 225 ILCS 25/26 from Ch. 111, par. 2326 225 ILCS 25/46.5 new 225 ILCS 25/4 from Ch. 111, par. 2304 225 ILCS 25/17 from Ch. 111, par. 2317 225 ILCS 25/26 from Ch. 111, par. 2326 225 ILCS 25/46.5 new
4	4	225 ILCS 25/4 from Ch. 111, par. 2304
5	5	225 ILCS 25/17 from Ch. 111, par. 2317
6	6	225 ILCS 25/26 from Ch. 111, par. 2326
7	7	225 ILCS 25/46.5 new
8	8	Amends the Illinois Dental Practice Act. Provides that a person who provides teledentistry is considered to practice dentistry under the Act. Provides that a dentist practicing teledentistry is subject to the same standard of care as if those services were being delivered in a clinic or office setting. Provides that a patient receiving dental services through teledentistry shall be provided with the name, direct telephone number, and physical practice address of the treating dentist who will be involved in the teledentistry services. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions of the use of teledentistry services. Provides that it shall be a violation of the Act for a provider of dental services utilizing care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. Provides that a person may not sell a clear aligner to a patient unless the person has received written or electronic confirmation from a dentist licensed in this State that the patient has received an intraoral or extraoral dental examination and has had a review of new or recently conducted x-rays, panoramic x-rays, computed tomography, bone imaging scans, or other appropriate diagnostic imaging sufficient to allow the dentist to detect conditions in the patient that would preclude or contraindicate the provision of safe orthodontic treatment. Provides that a person who sells a clear aligner to a patient shall maintain any documents for not less than 7 years after the date of sale. Defines "informed consent" and "clear aligner". Changes the definitions of "patient of record" and "teledentistry".
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11	11	A BILL FOR
12	12	HB2215LRB103 26931 AMQ 53295 b HB2215 LRB103 26931 AMQ 53295 b
13	13	HB2215 LRB103 26931 AMQ 53295 b
14	14	1 AN ACT concerning regulation.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Illinois Dental Practice Act is amended by
18	18	5 changing Sections 4, 17, and 26 and by adding Section 46.5 as
19	19	6 follows:
20	20	7 (225 ILCS 25/4) (from Ch. 111, par. 2304)
21	21	8 (Section scheduled to be repealed on January 1, 2026)
22	22	9 Sec. 4. Definitions. As used in this Act:
23	23	10 "Address of record" means the designated address recorded
24	24	11 by the Department in the applicant's or licensee's application
25	25	12 file or license file as maintained by the Department's
26	26	13 licensure maintenance unit. It is the duty of the applicant or
27	27	14 licensee to inform the Department of any change of address and
28	28	15 those changes must be made either through the Department's
29	29	16 website or by contacting the Department.
30	30	17 "Department" means the Department of Financial and
31	31	18 Professional Regulation.
32	32	19 "Secretary" means the Secretary of Financial and
33	33	20 Professional Regulation.
34	34	21 "Board" means the Board of Dentistry.
35	35	22 "Dentist" means a person who has received a general
36	36	23 license pursuant to paragraph (a) of Section 11 of this Act and
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2215 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
41	41	225 ILCS 25/4 from Ch. 111, par. 2304 225 ILCS 25/17 from Ch. 111, par. 2317 225 ILCS 25/26 from Ch. 111, par. 2326 225 ILCS 25/46.5 new 225 ILCS 25/4 from Ch. 111, par. 2304 225 ILCS 25/17 from Ch. 111, par. 2317 225 ILCS 25/26 from Ch. 111, par. 2326 225 ILCS 25/46.5 new
42	42	225 ILCS 25/4 from Ch. 111, par. 2304
43	43	225 ILCS 25/17 from Ch. 111, par. 2317
44	44	225 ILCS 25/26 from Ch. 111, par. 2326
45	45	225 ILCS 25/46.5 new
46	46	Amends the Illinois Dental Practice Act. Provides that a person who provides teledentistry is considered to practice dentistry under the Act. Provides that a dentist practicing teledentistry is subject to the same standard of care as if those services were being delivered in a clinic or office setting. Provides that a patient receiving dental services through teledentistry shall be provided with the name, direct telephone number, and physical practice address of the treating dentist who will be involved in the teledentistry services. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions of the use of teledentistry services. Provides that it shall be a violation of the Act for a provider of dental services utilizing care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. Provides that a person may not sell a clear aligner to a patient unless the person has received written or electronic confirmation from a dentist licensed in this State that the patient has received an intraoral or extraoral dental examination and has had a review of new or recently conducted x-rays, panoramic x-rays, computed tomography, bone imaging scans, or other appropriate diagnostic imaging sufficient to allow the dentist to detect conditions in the patient that would preclude or contraindicate the provision of safe orthodontic treatment. Provides that a person who sells a clear aligner to a patient shall maintain any documents for not less than 7 years after the date of sale. Defines "informed consent" and "clear aligner". Changes the definitions of "patient of record" and "teledentistry".
47	47	LRB103 26931 AMQ 53295 b LRB103 26931 AMQ 53295 b
48	48	LRB103 26931 AMQ 53295 b
49	49	A BILL FOR
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55	55	225 ILCS 25/4 from Ch. 111, par. 2304
56	56	225 ILCS 25/17 from Ch. 111, par. 2317
57	57	225 ILCS 25/26 from Ch. 111, par. 2326
58	58	225 ILCS 25/46.5 new
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77	77	1 who may perform any intraoral and extraoral procedure required
78	78	2 in the practice of dentistry and to whom is reserved the
79	79	3 responsibilities specified in Section 17.
80	80	4 "Dental hygienist" means a person who holds a license
81	81	5 under this Act to perform dental services as authorized by
82	82	6 Section 18.
83	83	7 "Dental assistant" means an appropriately trained person
84	84	8 who, under the supervision of a dentist, provides dental
85	85	9 services as authorized by Section 17.
86	86	10 "Expanded function dental assistant" means a dental
87	87	11 assistant who has completed the training required by Section
88	88	12 17.1 of this Act.
89	89	13 "Dental laboratory" means a person, firm or corporation
90	90	14 which:
91	91	15 (i) engages in making, providing, repairing or
92	92	16 altering dental prosthetic appliances and other artificial
93	93	17 materials and devices which are returned to a dentist for
94	94	18 insertion into the human oral cavity or which come in
95	95	19 contact with its adjacent structures and tissues; and
96	96	20 (ii) utilizes or employs a dental technician to
97	97	21 provide such services; and
98	98	22 (iii) performs such functions only for a dentist or
99	99	23 dentists.
100	100	24 "Supervision" means supervision of a dental hygienist or a
101	101	25 dental assistant requiring that a dentist authorize the
102	102	26 procedure, remain in the dental facility while the procedure
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113	113	1 is performed, and approve the work performed by the dental
114	114	2 hygienist or dental assistant before dismissal of the patient,
115	115	3 but does not mean that the dentist must be present at all times
116	116	4 in the treatment room.
117	117	5 "General supervision" means supervision of a dental
118	118	6 hygienist requiring that the patient be a patient of record,
119	119	7 that the dentist examine the patient in accordance with
120	120	8 Section 18 prior to treatment by the dental hygienist, and
121	121	9 that the dentist authorize the procedures which are being
122	122	10 carried out by a notation in the patient's record, but not
123	123	11 requiring that a dentist be present when the authorized
124	124	12 procedures are being performed. The issuance of a prescription
125	125	13 to a dental laboratory by a dentist does not constitute
126	126	14 general supervision.
127	127	15 "Public member" means a person who is not a health
128	128	16 professional. For purposes of board membership, any person
129	129	17 with a significant financial interest in a health service or
130	130	18 profession is not a public member.
131	131	19 "Dentistry" means the healing art which is concerned with
132	132	20 the examination, diagnosis, treatment planning and care of
133	133	21 conditions within the human oral cavity and its adjacent
134	134	22 tissues and structures, as further specified in Section 17.
135	135	23 "Branches of dentistry" means the various specialties of
136	136	24 dentistry which, for purposes of this Act, shall be limited to
137	137	25 the following: endodontics, oral and maxillofacial surgery,
138	138	26 orthodontics and dentofacial orthopedics, pediatric dentistry,
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149	149	1 periodontics, prosthodontics, oral and maxillofacial
150	150	2 radiology, and dental anesthesiology.
151	151	3 "Specialist" means a dentist who has received a specialty
152	152	4 license pursuant to Section 11(b).
153	153	5 "Dental technician" means a person who owns, operates, or
154	154	6 is employed by a dental laboratory and engages in making,
155	155	7 providing, repairing, or altering dental prosthetic appliances
156	156	8 and other artificial materials and devices which are returned
157	157	9 to a dentist for insertion into the human oral cavity or which
158	158	10 come in contact with its adjacent structures and tissues.
159	159	11 "Informed consent" means the treating dentist has provided
160	160	12 the patient with an opportunity to directly communicate with
161	161	13 the treating dentist, whether in person, by telephone, or
162	162	14 through synchronous technology, about the treatment to be
163	163	15 provided.
164	164	16 "Impaired dentist" or "impaired dental hygienist" means a
165	165	17 dentist or dental hygienist who is unable to practice with
166	166	18 reasonable skill and safety because of a physical or mental
167	167	19 disability as evidenced by a written determination or written
168	168	20 consent based on clinical evidence, including deterioration
169	169	21 through the aging process, loss of motor skills, abuse of
170	170	22 drugs or alcohol, or a psychiatric disorder, of sufficient
171	171	23 degree to diminish the person's ability to deliver competent
172	172	24 patient care.
173	173	25 "Nurse" means a registered professional nurse, a certified
174	174	26 registered nurse anesthetist licensed as an advanced practice
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185	185	1 registered nurse, or a licensed practical nurse licensed under
186	186	2 the Nurse Practice Act.
187	187	3 "Patient of record" means a patient for whom the patient's
188	188	4 most recent dentist has obtained a relevant medical and dental
189	189	5 history and on whom the dentist has performed an a physical
190	190	6 examination within the last year and evaluated the condition
191	191	7 to be treated, including a review of the patient's most recent
192	192	8 x-rays.
193	193	9 "Dental responder" means a dentist or dental hygienist who
194	194	10 is appropriately certified in disaster preparedness,
195	195	11 immunizations, and dental humanitarian medical response
196	196	12 consistent with the Society of Disaster Medicine and Public
197	197	13 Health and training certified by the National Incident
198	198	14 Management System or the National Disaster Life Support
199	199	15 Foundation.
200	200	16 "Mobile dental van or portable dental unit" means any
201	201	17 self-contained or portable dental unit in which dentistry is
202	202	18 practiced that can be moved, towed, or transported from one
203	203	19 location to another in order to establish a location where
204	204	20 dental services can be provided.
205	205	21 "Public health dental hygienist" means a hygienist who
206	206	22 holds a valid license to practice in the State, has 2 years of
207	207	23 full-time clinical experience or an equivalent of 4,000 hours
208	208	24 of clinical experience, and has completed at least 42 clock
209	209	25 hours of additional structured courses in dental education in
210	210	26 advanced areas specific to public health dentistry.
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221	221	1 "Public health setting" means a federally qualified health
222	222	2 center; a federal, State, or local public health facility;
223	223	3 Head Start; a special supplemental nutrition program for
224	224	4 Women, Infants, and Children (WIC) facility; a certified
225	225	5 school-based health center or school-based oral health
226	226	6 program; a prison; or a long-term care facility.
227	227	7 "Public health supervision" means the supervision of a
228	228	8 public health dental hygienist by a licensed dentist who has a
229	229	9 written public health supervision agreement with that public
230	230	10 health dental hygienist while working in an approved facility
231	231	11 or program that allows the public health dental hygienist to
232	232	12 treat patients, without a dentist first examining the patient
233	233	13 and being present in the facility during treatment, (1) who
234	234	14 are eligible for Medicaid or (2) who are uninsured and whose
235	235	15 household income is not greater than 200% of the federal
236	236	16 poverty level.
237	237	17 "Teledentistry" means the use of telehealth systems and
238	238	18 methodologies in dentistry and includes patient diagnosis,
239	239	19 treatment planning, care, and education delivery for a patient
240	240	20 of record using synchronous and asynchronous communications
241	241	21 under an Illinois licensed a dentist's authority as provided
242	242	22 under this Act.
243	243	23 "Clear aligner" means a medical device, excluding a
244	244	24 retainer used to keep teeth in a fixed position, that is used
245	245	25 in orthodontic treatment to gradually move a patient's teeth
246	246	26 or jaw and correct misalignment and manufactured to address
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257	257	1 the patient's unique orthodontic needs.
258	258	2 (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
259	259	3 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
260	260	4 1-1-23.)
261	261	5 (225 ILCS 25/17) (from Ch. 111, par. 2317)
262	262	6 (Section scheduled to be repealed on January 1, 2026)
263	263	7 Sec. 17. Acts constituting the practice of dentistry. A
264	264	8 person practices dentistry, within the meaning of this Act:
265	265	9 (1) Who represents himself or herself as being able to
266	266	10 diagnose or diagnoses, treats, prescribes, or operates for
267	267	11 any disease, pain, deformity, deficiency, injury, or
268	268	12 physical condition of the human tooth, teeth, alveolar
269	269	13 process, gums, or jaw; or
270	270	14 (2) Who is a manager, proprietor, operator, or
271	271	15 conductor of a business where dental operations are
272	272	16 performed; or
273	273	17 (3) Who performs dental operations of any kind; or
274	274	18 (4) Who uses an X-Ray machine or X-Ray films for
275	275	19 dental diagnostic purposes; or
276	276	20 (5) Who extracts a human tooth or teeth, or corrects
277	277	21 or attempts to correct malpositions of the human teeth or
278	278	22 jaws; or
279	279	23 (6) Who offers or undertakes, by any means or method,
280	280	24 to diagnose, treat, or remove stains, calculus, and
281	281	25 bonding materials from human teeth or jaws; or
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292	292	1 (7) Who uses or administers local or general
293	293	2 anesthetics in the treatment of dental or oral diseases or
294	294	3 in any preparation incident to a dental operation of any
295	295	4 kind or character; or
296	296	5 (8) Who takes material or digital scans for final
297	297	6 impressions of the human tooth, teeth, or jaws or performs
298	298	7 any phase of any operation incident to the replacement of
299	299	8 a part of a tooth, a tooth, teeth, or associated tissues by
300	300	9 means of a filling, crown, a bridge, a denture, or other
301	301	10 appliance; or
302	302	11 (9) Who offers to furnish, supply, construct,
303	303	12 reproduce, or repair, or who furnishes, supplies,
304	304	13 constructs, reproduces, or repairs, prosthetic dentures,
305	305	14 bridges, or other substitutes for natural teeth, to the
306	306	15 user or prospective user thereof; or
307	307	16 (10) Who instructs students on clinical matters or
308	308	17 performs any clinical operation included in the curricula
309	309	18 of recognized dental schools and colleges; or
310	310	19 (11) Who takes material or digital scans for final
311	311	20 impressions of human teeth or places his or her hands in
312	312	21 the mouth of any person for the purpose of applying teeth
313	313	22 whitening materials, or who takes impressions of human
314	314	23 teeth or places his or her hands in the mouth of any person
315	315	24 for the purpose of assisting in the application of teeth
316	316	25 whitening materials. A person does not practice dentistry
317	317	26 when he or she discloses to the consumer that he or she is
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328	328	1 not licensed as a dentist under this Act and (i) discusses
329	329	2 the use of teeth whitening materials with a consumer
330	330	3 purchasing these materials; (ii) provides instruction on
331	331	4 the use of teeth whitening materials with a consumer
332	332	5 purchasing these materials; or (iii) provides appropriate
333	333	6 equipment on-site to the consumer for the consumer to
334	334	7 self-apply teeth whitening materials; or .
335	335	8 (12) Who provides teledentistry. A dentist may provide
336	336	9 and delegate dental services using telehealth only under
337	337	10 the supervision requirements as specified in this Act for
338	338	11 in-person care. A dentist practicing dentistry through
339	339	12 teledentistry is subject to the same standard of care as
340	340	13 if those services were being delivered in a clinic or
341	341	14 office setting. A patient receiving dental services
342	342	15 through teledentistry shall be provided with the name,
343	343	16 direct telephone number, and physical practice address of
344	344	17 the treating dentist who will be involved in the
345	345	18 teledentistry services. The information shall be provided
346	346	19 to the patient prior to the provision of services. The
347	347	20 Department may adopt rules to implement this paragraph.
348	348	21 The fact that any person engages in or performs, or offers
349	349	22 to engage in or perform, any of the practices, acts, or
350	350	23 operations set forth in this Section, shall be prima facie
351	351	24 evidence that such person is engaged in the practice of
352	352	25 dentistry.
353	353	26 The following practices, acts, and operations, however,
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364	364	1 are exempt from the operation of this Act:
365	365	2 (a) The rendering of dental relief in emergency cases
366	366	3 in the practice of his or her profession by a physician or
367	367	4 surgeon, licensed as such under the laws of this State,
368	368	5 unless he or she undertakes to reproduce or reproduces
369	369	6 lost parts of the human teeth in the mouth or to restore or
370	370	7 replace lost or missing teeth in the mouth; or
371	371	8 (b) The practice of dentistry in the discharge of
372	372	9 their official duties by dentists in any branch of the
373	373	10 Armed Services of the United States, the United States
374	374	11 Public Health Service, or the United States Veterans
375	375	12 Administration; or
376	376	13 (c) The practice of dentistry by students in their
377	377	14 course of study in dental schools or colleges approved by
378	378	15 the Department, when acting under the direction and
379	379	16 supervision of dentists acting as instructors; or
380	380	17 (d) The practice of dentistry by clinical instructors
381	381	18 in the course of their teaching duties in dental schools
382	382	19 or colleges approved by the Department:
383	383	20 (i) when acting under the direction and
384	384	21 supervision of dentists, provided that such clinical
385	385	22 instructors have instructed continuously in this State
386	386	23 since January 1, 1986; or
387	387	24 (ii) when holding the rank of full professor at
388	388	25 such approved dental school or college and possessing
389	389	26 a current valid license or authorization to practice
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400	400	1 dentistry in another country; or
401	401	2 (e) The practice of dentistry by licensed dentists of
402	402	3 other states or countries at meetings of the Illinois
403	403	4 State Dental Society or component parts thereof, alumni
404	404	5 meetings of dental colleges, or any other like dental
405	405	6 organizations, while appearing as clinicians; or
406	406	7 (f) The use of X-Ray machines for exposing X-Ray films
407	407	8 of dental or oral tissues by dental hygienists or dental
408	408	9 assistants; or
409	409	10 (g) The performance of any dental service by a dental
410	410	11 assistant, if such service is performed under the
411	411	12 supervision and full responsibility of a dentist. In
412	412	13 addition, after being authorized by a dentist, a dental
413	413	14 assistant may, for the purpose of eliminating pain or
414	414	15 discomfort, remove loose, broken, or irritating
415	415	16 orthodontic appliances on a patient of record.
416	416	17 For purposes of this paragraph (g), "dental service"
417	417	18 is defined to mean any intraoral procedure or act which
418	418	19 shall be prescribed by rule or regulation of the
419	419	20 Department. Dental service, however, shall not include:
420	420	21 (1) Any and all diagnosis of or prescription for
421	421	22 treatment of disease, pain, deformity, deficiency,
422	422	23 injury, or physical condition of the human teeth or
423	423	24 jaws, or adjacent structures.
424	424	25 (2) Removal of, or restoration of, or addition to
425	425	26 the hard or soft tissues of the oral cavity, except for
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436	436	1 the placing, carving, and finishing of amalgam
437	437	2 restorations and placing, packing, and finishing
438	438	3 composite restorations by dental assistants who have
439	439	4 had additional formal education and certification.
440	440	5 A dental assistant may place, carve, and finish
441	441	6 amalgam restorations, place, pack, and finish
442	442	7 composite restorations, and place interim restorations
443	443	8 if he or she (A) has successfully completed a
444	444	9 structured training program as described in item (2)
445	445	10 of subsection (g) provided by an educational
446	446	11 institution accredited by the Commission on Dental
447	447	12 Accreditation, such as a dental school or dental
448	448	13 hygiene or dental assistant program, or (B) has at
449	449	14 least 4,000 hours of direct clinical patient care
450	450	15 experience and has successfully completed a structured
451	451	16 training program as described in item (2) of
452	452	17 subsection (g) provided by a statewide dental
453	453	18 association, approved by the Department to provide
454	454	19 continuing education, that has developed and conducted
455	455	20 training programs for expanded functions for dental
456	456	21 assistants or hygienists. The training program must:
457	457	22 (i) include a minimum of 16 hours of didactic study and
458	458	23 14 hours of clinical manikin instruction; all training
459	459	24 programs shall include areas of study in nomenclature,
460	460	25 caries classifications, oral anatomy, periodontium,
461	461	26 basic occlusion, instrumentations, pulp protection
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472	472	1 liners and bases, dental materials, matrix and wedge
473	473	2 techniques, amalgam placement and carving, rubber dam
474	474	3 clamp placement, and rubber dam placement and removal;
475	475	4 (ii) include an outcome assessment examination that
476	476	5 demonstrates competency; (iii) require the supervising
477	477	6 dentist to observe and approve the completion of 8
478	478	7 amalgam or composite restorations; and (iv) issue a
479	479	8 certificate of completion of the training program,
480	480	9 which must be kept on file at the dental office and be
481	481	10 made available to the Department upon request. A
482	482	11 dental assistant must have successfully completed an
483	483	12 approved coronal polishing and dental sealant course
484	484	13 prior to taking the amalgam and composite restoration
485	485	14 course.
486	486	15 A dentist utilizing dental assistants shall not
487	487	16 supervise more than 4 dental assistants at any one
488	488	17 time for placing, carving, and finishing of amalgam
489	489	18 restorations or for placing, packing, and finishing
490	490	19 composite restorations.
491	491	20 (3) Any and all correction of malformation of
492	492	21 teeth or of the jaws.
493	493	22 (4) Administration of anesthetics, except for
494	494	23 monitoring of nitrous oxide, conscious sedation, deep
495	495	24 sedation, and general anesthetic as provided in
496	496	25 Section 8.1 of this Act, that may be performed only
497	497	26 after successful completion of a training program
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508	508	1 approved by the Department. A dentist utilizing dental
509	509	2 assistants shall not supervise more than 4 dental
510	510	3 assistants at any one time for the monitoring of
511	511	4 nitrous oxide.
512	512	5 (5) Removal of calculus from human teeth.
513	513	6 (6) Taking of material or digital scans for final
514	514	7 impressions for the fabrication of prosthetic
515	515	8 appliances, crowns, bridges, inlays, onlays, or other
516	516	9 restorative or replacement dentistry.
517	517	10 (7) The operative procedure of dental hygiene
518	518	11 consisting of oral prophylactic procedures, except for
519	519	12 coronal polishing and pit and fissure sealants, which
520	520	13 may be performed by a dental assistant who has
521	521	14 successfully completed a training program approved by
522	522	15 the Department. Dental assistants may perform coronal
523	523	16 polishing under the following circumstances: (i) the
524	524	17 coronal polishing shall be limited to polishing the
525	525	18 clinical crown of the tooth and existing restorations,
526	526	19 supragingivally; (ii) the dental assistant performing
527	527	20 the coronal polishing shall be limited to the use of
528	528	21 rotary instruments using a rubber cup or brush
529	529	22 polishing method (air polishing is not permitted); and
530	530	23 (iii) the supervising dentist shall not supervise more
531	531	24 than 4 dental assistants at any one time for the task
532	532	25 of coronal polishing or pit and fissure sealants.
533	533	26 In addition to coronal polishing and pit and
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544	544	1 fissure sealants as described in this item (7), a
545	545	2 dental assistant who has at least 2,000 hours of
546	546	3 direct clinical patient care experience and who has
547	547	4 successfully completed a structured training program
548	548	5 provided by (1) an educational institution including,
549	549	6 but not limited to, a dental school or dental hygiene
550	550	7 or dental assistant program, or (2) a continuing
551	551	8 education provider approved by the Department, or (3)
552	552	9 a statewide dental or dental hygienist association,
553	553	10 approved by the Department on or before January 1,
554	554	11 2017 (the effective date of Public Act 99-680), that
555	555	12 has developed and conducted a training program for
556	556	13 expanded functions for dental assistants or hygienists
557	557	14 may perform: (A) coronal scaling above the gum line,
558	558	15 supragingivally, on the clinical crown of the tooth
559	559	16 only on patients 17 years of age or younger who have an
560	560	17 absence of periodontal disease and who are not
561	561	18 medically compromised or individuals with special
562	562	19 needs and (B) intracoronal temporization of a tooth.
563	563	20 The training program must: (I) include a minimum of 32
564	564	21 hours of instruction in both didactic and clinical
565	565	22 manikin or human subject instruction; all training
566	566	23 programs shall include areas of study in dental
567	567	24 anatomy, public health dentistry, medical history,
568	568	25 dental emergencies, and managing the pediatric
569	569	26 patient; (II) include an outcome assessment
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580	580	1 examination that demonstrates competency; (III)
581	581	2 require the supervising dentist to observe and approve
582	582	3 the completion of 6 full mouth supragingival scaling
583	583	4 procedures unless the training was received as part of
584	584	5 a Commission on Dental Accreditation approved dental
585	585	6 assistant program; and (IV) issue a certificate of
586	586	7 completion of the training program, which must be kept
587	587	8 on file at the dental office and be made available to
588	588	9 the Department upon request. A dental assistant must
589	589	10 have successfully completed an approved coronal
590	590	11 polishing course prior to taking the coronal scaling
591	591	12 course. A dental assistant performing these functions
592	592	13 shall be limited to the use of hand instruments only.
593	593	14 In addition, coronal scaling as described in this
594	594	15 paragraph shall only be utilized on patients who are
595	595	16 eligible for Medicaid, who are uninsured, or whose
596	596	17 household income is not greater than 300% of the
597	597	18 federal poverty level. A dentist may not supervise
598	598	19 more than 2 dental assistants at any one time for the
599	599	20 task of coronal scaling. This paragraph is inoperative
600	600	21 on and after January 1, 2026.
601	601	22 The limitations on the number of dental assistants a
602	602	23 dentist may supervise contained in items (2), (4), and (7)
603	603	24 of this paragraph (g) mean a limit of 4 total dental
604	604	25 assistants or dental hygienists doing expanded functions
605	605	26 covered by these Sections being supervised by one dentist;
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616	616	1 or
617	617	2 (h) The practice of dentistry by an individual who:
618	618	3 (i) has applied in writing to the Department, in
619	619	4 form and substance satisfactory to the Department, for
620	620	5 a general dental license and has complied with all
621	621	6 provisions of Section 9 of this Act, except for the
622	622	7 passage of the examination specified in subsection (e)
623	623	8 of Section 9 of this Act; or
624	624	9 (ii) has applied in writing to the Department, in
625	625	10 form and substance satisfactory to the Department, for
626	626	11 a temporary dental license and has complied with all
627	627	12 provisions of subsection (c) of Section 11 of this
628	628	13 Act; and
629	629	14 (iii) has been accepted or appointed for specialty
630	630	15 or residency training by a hospital situated in this
631	631	16 State; or
632	632	17 (iv) has been accepted or appointed for specialty
633	633	18 training in an approved dental program situated in
634	634	19 this State; or
635	635	20 (v) has been accepted or appointed for specialty
636	636	21 training in a dental public health agency situated in
637	637	22 this State.
638	638	23 The applicant shall be permitted to practice dentistry
639	639	24 for a period of 3 months from the starting date of the
640	640	25 program, unless authorized in writing by the Department to
641	641	26 continue such practice for a period specified in writing
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652	652	1 by the Department.
653	653	2 The applicant shall only be entitled to perform such
654	654	3 acts as may be prescribed by and incidental to his or her
655	655	4 program of residency or specialty training and shall not
656	656	5 otherwise engage in the practice of dentistry in this
657	657	6 State.
658	658	7 The authority to practice shall terminate immediately
659	659	8 upon:
660	660	9 (1) the decision of the Department that the
661	661	10 applicant has failed the examination; or
662	662	11 (2) denial of licensure by the Department; or
663	663	12 (3) withdrawal of the application.
664	664	13 (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
665	665	14 102-936, eff. 1-1-23.)
666	666	15 (225 ILCS 25/26) (from Ch. 111, par. 2326)
667	667	16 (Section scheduled to be repealed on January 1, 2026)
668	668	17 Sec. 26. Disciplinary actions.
669	669	18 (a) In case the respondent, after receiving notice, fails
670	670	19 to file an answer, his or her license may, in the discretion of
671	671	20 the Secretary, having first received the recommendation of the
672	672	21 Board, be suspended, revoked, placed on probationary status,
673	673	22 or the Secretary may take whatever disciplinary or
674	674	23 non-disciplinary action he or she may deem proper, including
675	675	24 limiting the scope, nature, or extent of the person's practice
676	676	25 or the imposition of a fine, without a hearing, if the act or
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687	687	1 acts charged constitute sufficient grounds for such action
688	688	2 under this Act.
689	689	3 (b) The Secretary may temporarily suspend the license of a
690	690	4 dentist or dental hygienist without a hearing, simultaneous to
691	691	5 the institution of proceedings for a hearing under this Act,
692	692	6 if the Secretary finds that evidence in his or her possession
693	693	7 indicates that a dentist's or dental hygienist's continuation
694	694	8 in practice would constitute an immediate danger to the
695	695	9 public. In the event that the Secretary temporarily suspends
696	696	10 the license of a dentist or a dental hygienist without a
697	697	11 hearing, a hearing by the Board must be held within 15 days
698	698	12 after such suspension has occurred.
699	699	13 (c) The entry of a judgment by any circuit court
700	700	14 establishing that any person holding a license under this Act
701	701	15 is a person subject to involuntary admission under the Mental
702	702	16 Health and Developmental Disabilities Code shall operate as a
703	703	17 suspension of that license. That person may resume his or her
704	704	18 practice only upon a finding by the Board that he or she has
705	705	19 been determined to be no longer subject to involuntary
706	706	20 admission by the court and upon the Board's recommendation to
707	707	21 the Secretary that he or she be permitted to resume his or her
708	708	22 practice.
709	709	23 (d) It shall be a violation of this Act for a provider of
710	710	24 dental services utilizing care through teledentistry to
711	711	25 require a patient to sign an agreement that limits in any way
712	712	26 the patient's ability to write a review of services received
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723	723	1 or file a complaint with the Department or other regulatory
724	724	2 agency.
725	725	3 (Source: P.A. 99-492, eff. 12-31-15.)
726	726	4 (225 ILCS 25/46.5 new)
727	727	5 Sec. 46.5. Prohibition on sale of clear aligners to the
728	728	6 public.
729	729	7 (a) A person may not sell a clear aligner to a patient
730	730	8 unless the person has received written or electronic
731	731	9 confirmation from a dentist licensed in this State that the
732	732	10 patient has received an intraoral or extraoral dental
733	733	11 examination and has had a review of new or recently conducted
734	734	12 x-rays, panoramic x-rays, computed tomography, bone imaging
735	735	13 scans, or other appropriate diagnostic imaging sufficient to
736	736	14 allow the dentist to detect conditions in the patient that
737	737	15 would preclude or contraindicate the provision of safe
738	738	16 orthodontic treatment.
739	739	17 (b) A person who sells a clear aligner to a patient shall
740	740	18 maintain any documents received under subsection (a) for not
741	741	19 less than 7 years after the date of sale.
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