| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0431 | |
| 2 | 1 | HB2267 EnrolledLRB103 30203 AMQ 56631 b HB2267 Enrolled LRB103 30203 AMQ 56631 b | |
| 3 | 2 | HB2267 Enrolled LRB103 30203 AMQ 56631 b | |
| 4 | - | AN ACT concerning regulation. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Illinois Dental Practice Act is amended by | |
| 8 | - | changing Sections 4, 17, 18, and 18.1 as follows: | |
| 9 | - | (225 ILCS 25/4) (from Ch. 111, par. 2304) | |
| 10 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 11 | - | Sec. 4. Definitions. As used in this Act: | |
| 12 | - | "Address of record" means the designated address recorded | |
| 13 | - | by the Department in the applicant's or licensee's application | |
| 14 | - | file or license file as maintained by the Department's | |
| 15 | - | licensure maintenance unit. It is the duty of the applicant or | |
| 16 | - | licensee to inform the Department of any change of address and | |
| 17 | - | those changes must be made either through the Department's | |
| 18 | - | website or by contacting the Department. | |
| 19 | - | "Department" means the Department of Financial and | |
| 20 | - | Professional Regulation. | |
| 21 | - | "Secretary" means the Secretary of Financial and | |
| 22 | - | Professional Regulation. | |
| 23 | - | "Board" means the Board of Dentistry. | |
| 24 | - | "Dentist" means a person who has received a general | |
| 25 | - | license pursuant to paragraph (a) of Section 11 of this Act and | |
| 26 | - | who may perform any intraoral and extraoral procedure required | |
| 3 | + | 1 AN ACT concerning regulation. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Illinois Dental Practice Act is amended by | |
| 7 | + | 5 changing Sections 4, 17, 18, and 18.1 as follows: | |
| 8 | + | 6 (225 ILCS 25/4) (from Ch. 111, par. 2304) | |
| 9 | + | 7 (Section scheduled to be repealed on January 1, 2026) | |
| 10 | + | 8 Sec. 4. Definitions. As used in this Act: | |
| 11 | + | 9 "Address of record" means the designated address recorded | |
| 12 | + | 10 by the Department in the applicant's or licensee's application | |
| 13 | + | 11 file or license file as maintained by the Department's | |
| 14 | + | 12 licensure maintenance unit. It is the duty of the applicant or | |
| 15 | + | 13 licensee to inform the Department of any change of address and | |
| 16 | + | 14 those changes must be made either through the Department's | |
| 17 | + | 15 website or by contacting the Department. | |
| 18 | + | 16 "Department" means the Department of Financial and | |
| 19 | + | 17 Professional Regulation. | |
| 20 | + | 18 "Secretary" means the Secretary of Financial and | |
| 21 | + | 19 Professional Regulation. | |
| 22 | + | 20 "Board" means the Board of Dentistry. | |
| 23 | + | 21 "Dentist" means a person who has received a general | |
| 24 | + | 22 license pursuant to paragraph (a) of Section 11 of this Act and | |
| 25 | + | 23 who may perform any intraoral and extraoral procedure required | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
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| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | in the practice of dentistry and to whom is reserved the | |
| 34 | - | responsibilities specified in Section 17. | |
| 35 | - | "Dental hygienist" means a person who holds a license | |
| 36 | - | under this Act to perform dental services as authorized by | |
| 37 | - | Section 18. | |
| 38 | - | "Dental assistant" means an appropriately trained person | |
| 39 | - | who, under the supervision of a dentist, provides dental | |
| 40 | - | services as authorized by Section 17. | |
| 41 | - | "Expanded function dental assistant" means a dental | |
| 42 | - | assistant who has completed the training required by Section | |
| 43 | - | 17.1 of this Act. | |
| 44 | - | "Dental laboratory" means a person, firm or corporation | |
| 45 | - | which: | |
| 46 | - | (i) engages in making, providing, repairing or | |
| 47 | - | altering dental prosthetic appliances and other artificial | |
| 48 | - | materials and devices which are returned to a dentist for | |
| 49 | - | insertion into the human oral cavity or which come in | |
| 50 | - | contact with its adjacent structures and tissues; and | |
| 51 | - | (ii) utilizes or employs a dental technician to | |
| 52 | - | provide such services; and | |
| 53 | - | (iii) performs such functions only for a dentist or | |
| 54 | - | dentists. | |
| 55 | - | "Supervision" means supervision of a dental hygienist or a | |
| 56 | - | dental assistant requiring that a dentist authorize the | |
| 57 | - | procedure, remain in the dental facility while the procedure | |
| 58 | - | is performed, and approve the work performed by the dental | |
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| 34 | + | 1 in the practice of dentistry and to whom is reserved the | |
| 35 | + | 2 responsibilities specified in Section 17. | |
| 36 | + | 3 "Dental hygienist" means a person who holds a license | |
| 37 | + | 4 under this Act to perform dental services as authorized by | |
| 38 | + | 5 Section 18. | |
| 39 | + | 6 "Dental assistant" means an appropriately trained person | |
| 40 | + | 7 who, under the supervision of a dentist, provides dental | |
| 41 | + | 8 services as authorized by Section 17. | |
| 42 | + | 9 "Expanded function dental assistant" means a dental | |
| 43 | + | 10 assistant who has completed the training required by Section | |
| 44 | + | 11 17.1 of this Act. | |
| 45 | + | 12 "Dental laboratory" means a person, firm or corporation | |
| 46 | + | 13 which: | |
| 47 | + | 14 (i) engages in making, providing, repairing or | |
| 48 | + | 15 altering dental prosthetic appliances and other artificial | |
| 49 | + | 16 materials and devices which are returned to a dentist for | |
| 50 | + | 17 insertion into the human oral cavity or which come in | |
| 51 | + | 18 contact with its adjacent structures and tissues; and | |
| 52 | + | 19 (ii) utilizes or employs a dental technician to | |
| 53 | + | 20 provide such services; and | |
| 54 | + | 21 (iii) performs such functions only for a dentist or | |
| 55 | + | 22 dentists. | |
| 56 | + | 23 "Supervision" means supervision of a dental hygienist or a | |
| 57 | + | 24 dental assistant requiring that a dentist authorize the | |
| 58 | + | 25 procedure, remain in the dental facility while the procedure | |
| 59 | + | 26 is performed, and approve the work performed by the dental | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | hygienist or dental assistant before dismissal of the patient, | |
| 62 | - | but does not mean that the dentist must be present at all times | |
| 63 | - | in the treatment room. | |
| 64 | - | "General supervision" means supervision of a dental | |
| 65 | - | hygienist requiring that the patient be a patient of record, | |
| 66 | - | that the dentist examine the patient in accordance with | |
| 67 | - | Section 18 prior to treatment by the dental hygienist, and | |
| 68 | - | that the dentist authorize the procedures which are being | |
| 69 | - | carried out by a notation in the patient's record, but not | |
| 70 | - | requiring that a dentist be present when the authorized | |
| 71 | - | procedures are being performed. The issuance of a prescription | |
| 72 | - | to a dental laboratory by a dentist does not constitute | |
| 73 | - | general supervision. | |
| 74 | - | "Public member" means a person who is not a health | |
| 75 | - | professional. For purposes of board membership, any person | |
| 76 | - | with a significant financial interest in a health service or | |
| 77 | - | profession is not a public member. | |
| 78 | - | "Dentistry" means the healing art which is concerned with | |
| 79 | - | the examination, diagnosis, treatment planning and care of | |
| 80 | - | conditions within the human oral cavity and its adjacent | |
| 81 | - | tissues and structures, as further specified in Section 17. | |
| 82 | - | "Branches of dentistry" means the various specialties of | |
| 83 | - | dentistry which, for purposes of this Act, shall be limited to | |
| 84 | - | the following: endodontics, oral and maxillofacial surgery, | |
| 85 | - | orthodontics and dentofacial orthopedics, pediatric dentistry, | |
| 86 | - | periodontics, prosthodontics, oral and maxillofacial | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | radiology, and dental anesthesiology. | |
| 90 | - | "Specialist" means a dentist who has received a specialty | |
| 91 | - | license pursuant to Section 11(b). | |
| 92 | - | "Dental technician" means a person who owns, operates or | |
| 93 | - | is employed by a dental laboratory and engages in making, | |
| 94 | - | providing, repairing or altering dental prosthetic appliances | |
| 95 | - | and other artificial materials and devices which are returned | |
| 96 | - | to a dentist for insertion into the human oral cavity or which | |
| 97 | - | come in contact with its adjacent structures and tissues. | |
| 98 | - | "Impaired dentist" or "impaired dental hygienist" means a | |
| 99 | - | dentist or dental hygienist who is unable to practice with | |
| 100 | - | reasonable skill and safety because of a physical or mental | |
| 101 | - | disability as evidenced by a written determination or written | |
| 102 | - | consent based on clinical evidence, including deterioration | |
| 103 | - | through the aging process, loss of motor skills, abuse of | |
| 104 | - | drugs or alcohol, or a psychiatric disorder, of sufficient | |
| 105 | - | degree to diminish the person's ability to deliver competent | |
| 106 | - | patient care. | |
| 107 | - | "Nurse" means a registered professional nurse, a certified | |
| 108 | - | registered nurse anesthetist licensed as an advanced practice | |
| 109 | - | registered nurse, or a licensed practical nurse licensed under | |
| 110 | - | the Nurse Practice Act. | |
| 111 | - | "Patient of record" means a patient for whom the patient's | |
| 112 | - | most recent dentist has obtained a relevant medical and dental | |
| 113 | - | history and on whom the dentist has performed an examination | |
| 114 | - | and evaluated the condition to be treated. | |
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| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | "Dental responder" means a dentist or dental hygienist who | |
| 118 | - | is appropriately certified in disaster preparedness, | |
| 119 | - | immunizations, and dental humanitarian medical response | |
| 120 | - | consistent with the Society of Disaster Medicine and Public | |
| 121 | - | Health and training certified by the National Incident | |
| 122 | - | Management System or the National Disaster Life Support | |
| 123 | - | Foundation. | |
| 124 | - | "Mobile dental van or portable dental unit" means any | |
| 125 | - | self-contained or portable dental unit in which dentistry is | |
| 126 | - | practiced that can be moved, towed, or transported from one | |
| 127 | - | location to another in order to establish a location where | |
| 128 | - | dental services can be provided. | |
| 129 | - | "Public health dental hygienist" means a hygienist who | |
| 130 | - | holds a valid license to practice in the State, has 2 years of | |
| 131 | - | full-time clinical experience or an equivalent of 4,000 hours | |
| 132 | - | of clinical experience and has completed at least 42 clock | |
| 133 | - | hours of additional structured courses in dental education in | |
| 134 | - | advanced areas specific to public health dentistry. | |
| 135 | - | "Public health setting" means a federally qualified health | |
| 136 | - | center; a federal, State, or local public health facility; | |
| 137 | - | Head Start; a special supplemental nutrition program for | |
| 138 | - | Women, Infants, and Children (WIC) facility; a certified | |
| 139 | - | school-based health center or school-based oral health | |
| 140 | - | program; a prison; or a long-term care facility. | |
| 141 | - | "Public health supervision" means the supervision of a | |
| 142 | - | public health dental hygienist by a licensed dentist who has a | |
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| 70 | + | 1 hygienist or dental assistant before dismissal of the patient, | |
| 71 | + | 2 but does not mean that the dentist must be present at all times | |
| 72 | + | 3 in the treatment room. | |
| 73 | + | 4 "General supervision" means supervision of a dental | |
| 74 | + | 5 hygienist requiring that the patient be a patient of record, | |
| 75 | + | 6 that the dentist examine the patient in accordance with | |
| 76 | + | 7 Section 18 prior to treatment by the dental hygienist, and | |
| 77 | + | 8 that the dentist authorize the procedures which are being | |
| 78 | + | 9 carried out by a notation in the patient's record, but not | |
| 79 | + | 10 requiring that a dentist be present when the authorized | |
| 80 | + | 11 procedures are being performed. The issuance of a prescription | |
| 81 | + | 12 to a dental laboratory by a dentist does not constitute | |
| 82 | + | 13 general supervision. | |
| 83 | + | 14 "Public member" means a person who is not a health | |
| 84 | + | 15 professional. For purposes of board membership, any person | |
| 85 | + | 16 with a significant financial interest in a health service or | |
| 86 | + | 17 profession is not a public member. | |
| 87 | + | 18 "Dentistry" means the healing art which is concerned with | |
| 88 | + | 19 the examination, diagnosis, treatment planning and care of | |
| 89 | + | 20 conditions within the human oral cavity and its adjacent | |
| 90 | + | 21 tissues and structures, as further specified in Section 17. | |
| 91 | + | 22 "Branches of dentistry" means the various specialties of | |
| 92 | + | 23 dentistry which, for purposes of this Act, shall be limited to | |
| 93 | + | 24 the following: endodontics, oral and maxillofacial surgery, | |
| 94 | + | 25 orthodontics and dentofacial orthopedics, pediatric dentistry, | |
| 95 | + | 26 periodontics, prosthodontics, oral and maxillofacial | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | written public health supervision agreement with that public | |
| 146 | - | health dental hygienist while working in an approved facility | |
| 147 | - | or program that allows the public health dental hygienist to | |
| 148 | - | treat patients, without a dentist first examining the patient | |
| 149 | - | and being present in the facility during treatment, (1) who | |
| 150 | - | are eligible for Medicaid or (2) who are uninsured or and whose | |
| 151 | - | household income is not greater than 300% 200% of the federal | |
| 152 | - | poverty level. | |
| 153 | - | "Teledentistry" means the use of telehealth systems and | |
| 154 | - | methodologies in dentistry and includes patient care and | |
| 155 | - | education delivery using synchronous and asynchronous | |
| 156 | - | communications under a dentist's authority as provided under | |
| 157 | - | this Act. | |
| 158 | - | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | |
| 159 | - | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. | |
| 160 | - | 1-1-23.) | |
| 161 | - | (225 ILCS 25/17) (from Ch. 111, par. 2317) | |
| 162 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 163 | - | Sec. 17. Acts constituting the practice of dentistry. A | |
| 164 | - | person practices dentistry, within the meaning of this Act: | |
| 165 | - | (1) Who represents himself or herself as being able to | |
| 166 | - | diagnose or diagnoses, treats, prescribes, or operates for | |
| 167 | - | any disease, pain, deformity, deficiency, injury, or | |
| 168 | - | physical condition of the human tooth, teeth, alveolar | |
| 169 | - | process, gums or jaw; or | |
| 170 | 98 | ||
| 171 | 99 | ||
| 172 | - | (2) Who is a manager, proprietor, operator or | |
| 173 | - | conductor of a business where dental operations are | |
| 174 | - | performed; or | |
| 175 | - | (3) Who performs dental operations of any kind; or | |
| 176 | - | (4) Who uses an X-Ray machine or X-Ray films for | |
| 177 | - | dental diagnostic purposes; or | |
| 178 | - | (5) Who extracts a human tooth or teeth, or corrects | |
| 179 | - | or attempts to correct malpositions of the human teeth or | |
| 180 | - | jaws; or | |
| 181 | - | (6) Who offers or undertakes, by any means or method, | |
| 182 | - | to diagnose, treat or remove stains, calculus, and bonding | |
| 183 | - | materials from human teeth or jaws; or | |
| 184 | - | (7) Who uses or administers local or general | |
| 185 | - | anesthetics in the treatment of dental or oral diseases or | |
| 186 | - | in any preparation incident to a dental operation of any | |
| 187 | - | kind or character; or | |
| 188 | - | (8) Who takes material or digital scans for final | |
| 189 | - | impressions of the human tooth, teeth, or jaws or performs | |
| 190 | - | any phase of any operation incident to the replacement of | |
| 191 | - | a part of a tooth, a tooth, teeth or associated tissues by | |
| 192 | - | means of a filling, crown, a bridge, a denture or other | |
| 193 | - | appliance; or | |
| 194 | - | (9) Who offers to furnish, supply, construct, | |
| 195 | - | reproduce or repair, or who furnishes, supplies, | |
| 196 | - | constructs, reproduces or repairs, prosthetic dentures, | |
| 197 | - | bridges or other substitutes for natural teeth, to the | |
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| 198 | 102 | ||
| 199 | 103 | ||
| 200 | - | user or prospective user thereof; or | |
| 201 | - | (10) Who instructs students on clinical matters or | |
| 202 | - | performs any clinical operation included in the curricula | |
| 203 | - | of recognized dental schools and colleges; or | |
| 204 | - | (11) Who takes material or digital scans for final | |
| 205 | - | impressions of human teeth or places his or her hands in | |
| 206 | - | the mouth of any person for the purpose of applying teeth | |
| 207 | - | whitening materials, or who takes impressions of human | |
| 208 | - | teeth or places his or her hands in the mouth of any person | |
| 209 | - | for the purpose of assisting in the application of teeth | |
| 210 | - | whitening materials. A person does not practice dentistry | |
| 211 | - | when he or she discloses to the consumer that he or she is | |
| 212 | - | not licensed as a dentist under this Act and (i) discusses | |
| 213 | - | the use of teeth whitening materials with a consumer | |
| 214 | - | purchasing these materials; (ii) provides instruction on | |
| 215 | - | the use of teeth whitening materials with a consumer | |
| 216 | - | purchasing these materials; or (iii) provides appropriate | |
| 217 | - | equipment on-site to the consumer for the consumer to | |
| 218 | - | self-apply teeth whitening materials. | |
| 219 | - | The fact that any person engages in or performs, or offers | |
| 220 | - | to engage in or perform, any of the practices, acts, or | |
| 221 | - | operations set forth in this Section, shall be prima facie | |
| 222 | - | evidence that such person is engaged in the practice of | |
| 223 | - | dentistry. | |
| 224 | - | The following practices, acts, and operations, however, | |
| 225 | - | are exempt from the operation of this Act: | |
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| 106 | + | 1 radiology, and dental anesthesiology. | |
| 107 | + | 2 "Specialist" means a dentist who has received a specialty | |
| 108 | + | 3 license pursuant to Section 11(b). | |
| 109 | + | 4 "Dental technician" means a person who owns, operates or | |
| 110 | + | 5 is employed by a dental laboratory and engages in making, | |
| 111 | + | 6 providing, repairing or altering dental prosthetic appliances | |
| 112 | + | 7 and other artificial materials and devices which are returned | |
| 113 | + | 8 to a dentist for insertion into the human oral cavity or which | |
| 114 | + | 9 come in contact with its adjacent structures and tissues. | |
| 115 | + | 10 "Impaired dentist" or "impaired dental hygienist" means a | |
| 116 | + | 11 dentist or dental hygienist who is unable to practice with | |
| 117 | + | 12 reasonable skill and safety because of a physical or mental | |
| 118 | + | 13 disability as evidenced by a written determination or written | |
| 119 | + | 14 consent based on clinical evidence, including deterioration | |
| 120 | + | 15 through the aging process, loss of motor skills, abuse of | |
| 121 | + | 16 drugs or alcohol, or a psychiatric disorder, of sufficient | |
| 122 | + | 17 degree to diminish the person's ability to deliver competent | |
| 123 | + | 18 patient care. | |
| 124 | + | 19 "Nurse" means a registered professional nurse, a certified | |
| 125 | + | 20 registered nurse anesthetist licensed as an advanced practice | |
| 126 | + | 21 registered nurse, or a licensed practical nurse licensed under | |
| 127 | + | 22 the Nurse Practice Act. | |
| 128 | + | 23 "Patient of record" means a patient for whom the patient's | |
| 129 | + | 24 most recent dentist has obtained a relevant medical and dental | |
| 130 | + | 25 history and on whom the dentist has performed an examination | |
| 131 | + | 26 and evaluated the condition to be treated. | |
| 226 | 132 | ||
| 227 | 133 | ||
| 228 | - | (a) The rendering of dental relief in emergency cases | |
| 229 | - | in the practice of his or her profession by a physician or | |
| 230 | - | surgeon, licensed as such under the laws of this State, | |
| 231 | - | unless he or she undertakes to reproduce or reproduces | |
| 232 | - | lost parts of the human teeth in the mouth or to restore or | |
| 233 | - | replace lost or missing teeth in the mouth; or | |
| 234 | - | (b) The practice of dentistry in the discharge of | |
| 235 | - | their official duties by dentists in any branch of the | |
| 236 | - | Armed Services of the United States, the United States | |
| 237 | - | Public Health Service, or the United States Veterans | |
| 238 | - | Administration; or | |
| 239 | - | (c) The practice of dentistry by students in their | |
| 240 | - | course of study in dental schools or colleges approved by | |
| 241 | - | the Department, when acting under the direction and | |
| 242 | - | supervision of dentists acting as instructors; or | |
| 243 | - | (d) The practice of dentistry by clinical instructors | |
| 244 | - | in the course of their teaching duties in dental schools | |
| 245 | - | or colleges approved by the Department: | |
| 246 | - | (i) when acting under the direction and | |
| 247 | - | supervision of dentists, provided that such clinical | |
| 248 | - | instructors have instructed continuously in this State | |
| 249 | - | since January 1, 1986; or | |
| 250 | - | (ii) when holding the rank of full professor at | |
| 251 | - | such approved dental school or college and possessing | |
| 252 | - | a current valid license or authorization to practice | |
| 253 | - | dentistry in another country; or | |
| 254 | 134 | ||
| 255 | 135 | ||
| 256 | - | (e) The practice of dentistry by licensed dentists of | |
| 257 | - | other states or countries at meetings of the Illinois | |
| 258 | - | State Dental Society or component parts thereof, alumni | |
| 259 | - | meetings of dental colleges, or any other like dental | |
| 260 | - | organizations, while appearing as clinicians; or | |
| 261 | - | (f) The use of X-Ray machines for exposing X-Ray films | |
| 262 | - | of dental or oral tissues by dental hygienists or dental | |
| 263 | - | assistants; or | |
| 264 | - | (g) The performance of any dental service by a dental | |
| 265 | - | assistant, if such service is performed under the | |
| 266 | - | supervision and full responsibility of a dentist. In | |
| 267 | - | addition, after being authorized by a dentist, a dental | |
| 268 | - | assistant may, for the purpose of eliminating pain or | |
| 269 | - | discomfort, remove loose, broken, or irritating | |
| 270 | - | orthodontic appliances on a patient of record. | |
| 271 | - | For purposes of this paragraph (g), "dental service" | |
| 272 | - | is defined to mean any intraoral procedure or act which | |
| 273 | - | shall be prescribed by rule or regulation of the | |
| 274 | - | Department. Dental service, however, shall not include: | |
| 275 | - | (1) Any and all diagnosis of or prescription for | |
| 276 | - | treatment of disease, pain, deformity, deficiency, | |
| 277 | - | injury or physical condition of the human teeth or | |
| 278 | - | jaws, or adjacent structures. | |
| 279 | - | (2) Removal of, or restoration of, or addition to | |
| 280 | - | the hard or soft tissues of the oral cavity, except for | |
| 281 | - | the placing, carving, and finishing of amalgam | |
| 136 | + | ||
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| 282 | 138 | ||
| 283 | 139 | ||
| 284 | - | restorations and placing, packing, and finishing | |
| 285 | - | composite restorations by dental assistants who have | |
| 286 | - | had additional formal education and certification. | |
| 287 | - | A dental assistant may place, carve, and finish | |
| 288 | - | amalgam restorations, place, pack, and finish | |
| 289 | - | composite restorations, and place interim restorations | |
| 290 | - | if he or she (A) has successfully completed a | |
| 291 | - | structured training program as described in item (2) | |
| 292 | - | of subsection (g) provided by an educational | |
| 293 | - | institution accredited by the Commission on Dental | |
| 294 | - | Accreditation, such as a dental school or dental | |
| 295 | - | hygiene or dental assistant program, or (B) has at | |
| 296 | - | least 4,000 hours of direct clinical patient care | |
| 297 | - | experience and has successfully completed a structured | |
| 298 | - | training program as described in item (2) of | |
| 299 | - | subsection (g) provided by a statewide dental | |
| 300 | - | association, approved by the Department to provide | |
| 301 | - | continuing education, that has developed and conducted | |
| 302 | - | training programs for expanded functions for dental | |
| 303 | - | assistants or hygienists. The training program must: | |
| 304 | - | (i) include a minimum of 16 hours of didactic study and | |
| 305 | - | 14 hours of clinical manikin instruction; all training | |
| 306 | - | programs shall include areas of study in nomenclature, | |
| 307 | - | caries classifications, oral anatomy, periodontium, | |
| 308 | - | basic occlusion, instrumentations, pulp protection | |
| 309 | - | liners and bases, dental materials, matrix and wedge | |
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| 142 | + | 1 "Dental responder" means a dentist or dental hygienist who | |
| 143 | + | 2 is appropriately certified in disaster preparedness, | |
| 144 | + | 3 immunizations, and dental humanitarian medical response | |
| 145 | + | 4 consistent with the Society of Disaster Medicine and Public | |
| 146 | + | 5 Health and training certified by the National Incident | |
| 147 | + | 6 Management System or the National Disaster Life Support | |
| 148 | + | 7 Foundation. | |
| 149 | + | 8 "Mobile dental van or portable dental unit" means any | |
| 150 | + | 9 self-contained or portable dental unit in which dentistry is | |
| 151 | + | 10 practiced that can be moved, towed, or transported from one | |
| 152 | + | 11 location to another in order to establish a location where | |
| 153 | + | 12 dental services can be provided. | |
| 154 | + | 13 "Public health dental hygienist" means a hygienist who | |
| 155 | + | 14 holds a valid license to practice in the State, has 2 years of | |
| 156 | + | 15 full-time clinical experience or an equivalent of 4,000 hours | |
| 157 | + | 16 of clinical experience and has completed at least 42 clock | |
| 158 | + | 17 hours of additional structured courses in dental education in | |
| 159 | + | 18 advanced areas specific to public health dentistry. | |
| 160 | + | 19 "Public health setting" means a federally qualified health | |
| 161 | + | 20 center; a federal, State, or local public health facility; | |
| 162 | + | 21 Head Start; a special supplemental nutrition program for | |
| 163 | + | 22 Women, Infants, and Children (WIC) facility; a certified | |
| 164 | + | 23 school-based health center or school-based oral health | |
| 165 | + | 24 program; a prison; or a long-term care facility. | |
| 166 | + | 25 "Public health supervision" means the supervision of a | |
| 167 | + | 26 public health dental hygienist by a licensed dentist who has a | |
| 310 | 168 | ||
| 311 | 169 | ||
| 312 | - | techniques, amalgam placement and carving, rubber dam | |
| 313 | - | clamp placement, and rubber dam placement and removal; | |
| 314 | - | (ii) include an outcome assessment examination that | |
| 315 | - | demonstrates competency; (iii) require the supervising | |
| 316 | - | dentist to observe and approve the completion of 8 | |
| 317 | - | amalgam or composite restorations; and (iv) issue a | |
| 318 | - | certificate of completion of the training program, | |
| 319 | - | which must be kept on file at the dental office and be | |
| 320 | - | made available to the Department upon request. A | |
| 321 | - | dental assistant must have successfully completed an | |
| 322 | - | approved coronal polishing and dental sealant course | |
| 323 | - | prior to taking the amalgam and composite restoration | |
| 324 | - | course. | |
| 325 | - | A dentist utilizing dental assistants shall not | |
| 326 | - | supervise more than 4 dental assistants at any one | |
| 327 | - | time for placing, carving, and finishing of amalgam | |
| 328 | - | restorations or for placing, packing, and finishing | |
| 329 | - | composite restorations. | |
| 330 | - | (3) Any and all correction of malformation of | |
| 331 | - | teeth or of the jaws. | |
| 332 | - | (4) Administration of anesthetics, except for | |
| 333 | - | monitoring of nitrous oxide, conscious sedation, deep | |
| 334 | - | sedation, and general anesthetic as provided in | |
| 335 | - | Section 8.1 of this Act, that may be performed only | |
| 336 | - | after successful completion of a training program | |
| 337 | - | approved by the Department. A dentist utilizing dental | |
| 338 | 170 | ||
| 339 | 171 | ||
| 340 | - | assistants shall not supervise more than 4 dental | |
| 341 | - | assistants at any one time for the monitoring of | |
| 342 | - | nitrous oxide. | |
| 343 | - | (5) Removal of calculus from human teeth. | |
| 344 | - | (6) Taking of material or digital scans for final | |
| 345 | - | impressions for the fabrication of prosthetic | |
| 346 | - | appliances, crowns, bridges, inlays, onlays, or other | |
| 347 | - | restorative or replacement dentistry. | |
| 348 | - | (7) The operative procedure of dental hygiene | |
| 349 | - | consisting of oral prophylactic procedures, except for | |
| 350 | - | coronal polishing and pit and fissure sealants, which | |
| 351 | - | may be performed by a dental assistant who has | |
| 352 | - | successfully completed a training program approved by | |
| 353 | - | the Department. Dental assistants may perform coronal | |
| 354 | - | polishing under the following circumstances: (i) the | |
| 355 | - | coronal polishing shall be limited to polishing the | |
| 356 | - | clinical crown of the tooth and existing restorations, | |
| 357 | - | supragingivally; (ii) the dental assistant performing | |
| 358 | - | the coronal polishing shall be limited to the use of | |
| 359 | - | rotary instruments using a rubber cup or brush | |
| 360 | - | polishing method (air polishing is not permitted); and | |
| 361 | - | (iii) the supervising dentist shall not supervise more | |
| 362 | - | than 4 dental assistants at any one time for the task | |
| 363 | - | of coronal polishing or pit and fissure sealants. | |
| 364 | - | In addition to coronal polishing and pit and | |
| 365 | - | fissure sealants as described in this item (7), a | |
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| 366 | 174 | ||
| 367 | 175 | ||
| 368 | - | dental assistant who has at least 2,000 hours of | |
| 369 | - | direct clinical patient care experience and who has | |
| 370 | - | successfully completed a structured training program | |
| 371 | - | provided by (1) an educational institution including, | |
| 372 | - | but not limited to, a dental school or dental hygiene | |
| 373 | - | or dental assistant program, or (2) a continuing | |
| 374 | - | education provider approved by the Department, or (3) | |
| 375 | - | a statewide dental or dental hygienist association, | |
| 376 | - | approved by the Department on or before January 1, | |
| 377 | - | 2017 (the effective date of Public Act 99-680), that | |
| 378 | - | has developed and conducted a training program for | |
| 379 | - | expanded functions for dental assistants or hygienists | |
| 380 | - | may perform: (A) coronal scaling above the gum line, | |
| 381 | - | supragingivally, on the clinical crown of the tooth | |
| 382 | - | only on patients 17 years of age or younger who have an | |
| 383 | - | absence of periodontal disease and who are not | |
| 384 | - | medically compromised or individuals with special | |
| 385 | - | needs and (B) intracoronal temporization of a tooth. | |
| 386 | - | The training program must: (I) include a minimum of 32 | |
| 387 | - | hours of instruction in both didactic and clinical | |
| 388 | - | manikin or human subject instruction; all training | |
| 389 | - | programs shall include areas of study in dental | |
| 390 | - | anatomy, public health dentistry, medical history, | |
| 391 | - | dental emergencies, and managing the pediatric | |
| 392 | - | patient; (II) include an outcome assessment | |
| 393 | - | examination that demonstrates competency; (III) | |
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| 178 | + | 1 written public health supervision agreement with that public | |
| 179 | + | 2 health dental hygienist while working in an approved facility | |
| 180 | + | 3 or program that allows the public health dental hygienist to | |
| 181 | + | 4 treat patients, without a dentist first examining the patient | |
| 182 | + | 5 and being present in the facility during treatment, (1) who | |
| 183 | + | 6 are eligible for Medicaid or (2) who are uninsured or and whose | |
| 184 | + | 7 household income is not greater than 300% 200% of the federal | |
| 185 | + | 8 poverty level. | |
| 186 | + | 9 "Teledentistry" means the use of telehealth systems and | |
| 187 | + | 10 methodologies in dentistry and includes patient care and | |
| 188 | + | 11 education delivery using synchronous and asynchronous | |
| 189 | + | 12 communications under a dentist's authority as provided under | |
| 190 | + | 13 this Act. | |
| 191 | + | 14 (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | |
| 192 | + | 15 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. | |
| 193 | + | 16 1-1-23.) | |
| 194 | + | 17 (225 ILCS 25/17) (from Ch. 111, par. 2317) | |
| 195 | + | 18 (Section scheduled to be repealed on January 1, 2026) | |
| 196 | + | 19 Sec. 17. Acts constituting the practice of dentistry. A | |
| 197 | + | 20 person practices dentistry, within the meaning of this Act: | |
| 198 | + | 21 (1) Who represents himself or herself as being able to | |
| 199 | + | 22 diagnose or diagnoses, treats, prescribes, or operates for | |
| 200 | + | 23 any disease, pain, deformity, deficiency, injury, or | |
| 201 | + | 24 physical condition of the human tooth, teeth, alveolar | |
| 202 | + | 25 process, gums or jaw; or | |
| 394 | 203 | ||
| 395 | 204 | ||
| 396 | - | require the supervising dentist to observe and approve | |
| 397 | - | the completion of 6 full mouth supragingival scaling | |
| 398 | - | procedures unless the training was received as part of | |
| 399 | - | a Commission on Dental Accreditation approved dental | |
| 400 | - | assistant program; and (IV) issue a certificate of | |
| 401 | - | completion of the training program, which must be kept | |
| 402 | - | on file at the dental office and be made available to | |
| 403 | - | the Department upon request. A dental assistant must | |
| 404 | - | have successfully completed an approved coronal | |
| 405 | - | polishing course prior to taking the coronal scaling | |
| 406 | - | course. A dental assistant performing these functions | |
| 407 | - | shall be limited to the use of hand instruments only. | |
| 408 | - | In addition, coronal scaling as described in this | |
| 409 | - | paragraph shall only be utilized on patients who are | |
| 410 | - | eligible for Medicaid, who are uninsured, or whose | |
| 411 | - | household income is not greater than 300% of the | |
| 412 | - | federal poverty level. A dentist may not supervise | |
| 413 | - | more than 2 dental assistants at any one time for the | |
| 414 | - | task of coronal scaling. This paragraph is inoperative | |
| 415 | - | on and after January 1, 2026. | |
| 416 | - | The limitations on the number of dental assistants a | |
| 417 | - | dentist may supervise contained in items (2), (4), and (7) | |
| 418 | - | of this paragraph (g) mean a limit of 4 total dental | |
| 419 | - | assistants or dental hygienists doing expanded functions | |
| 420 | - | covered by these Sections being supervised by one dentist; | |
| 421 | - | or | |
| 422 | 205 | ||
| 423 | 206 | ||
| 424 | - | (h) The practice of dentistry by an individual who: | |
| 425 | - | (i) has applied in writing to the Department, in | |
| 426 | - | form and substance satisfactory to the Department, for | |
| 427 | - | a general dental license and has complied with all | |
| 428 | - | provisions of Section 9 of this Act, except for the | |
| 429 | - | passage of the examination specified in subsection (e) | |
| 430 | - | of Section 9 of this Act; or | |
| 431 | - | (ii) has applied in writing to the Department, in | |
| 432 | - | form and substance satisfactory to the Department, for | |
| 433 | - | a temporary dental license and has complied with all | |
| 434 | - | provisions of subsection (c) of Section 11 of this | |
| 435 | - | Act; and | |
| 436 | - | (iii) has been accepted or appointed for specialty | |
| 437 | - | or residency training by a hospital situated in this | |
| 438 | - | State; or | |
| 439 | - | (iv) has been accepted or appointed for specialty | |
| 440 | - | training in an approved dental program situated in | |
| 441 | - | this State; or | |
| 442 | - | (v) has been accepted or appointed for specialty | |
| 443 | - | training in a dental public health agency situated in | |
| 444 | - | this State. | |
| 445 | - | The applicant shall be permitted to practice dentistry | |
| 446 | - | for a period of 3 months from the starting date of the | |
| 447 | - | program, unless authorized in writing by the Department to | |
| 448 | - | continue such practice for a period specified in writing | |
| 449 | - | by the Department. | |
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| 450 | 209 | ||
| 451 | 210 | ||
| 452 | - | The applicant shall only be entitled to perform such | |
| 453 | - | acts as may be prescribed by and incidental to his or her | |
| 454 | - | program of residency or specialty training and shall not | |
| 455 | - | otherwise engage in the practice of dentistry in this | |
| 456 | - | State. | |
| 457 | - | The authority to practice shall terminate immediately | |
| 458 | - | upon: | |
| 459 | - | (1) the decision of the Department that the | |
| 460 | - | applicant has failed the examination; or | |
| 461 | - | (2) denial of licensure by the Department; or | |
| 462 | - | (3) withdrawal of the application. | |
| 463 | - | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; | |
| 464 | - | 102-936, eff. 1-1-23.) | |
| 465 | - | (225 ILCS 25/18) (from Ch. 111, par. 2318) | |
| 466 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 467 | - | Sec. 18. Acts constituting the practice of dental hygiene; | |
| 468 | - | limitations. | |
| 469 | - | (a) A person practices dental hygiene within the meaning | |
| 470 | - | of this Act when he or she performs the following acts under | |
| 471 | - | the supervision of a dentist: | |
| 472 | - | (i) the operative procedure of dental hygiene, | |
| 473 | - | consisting of oral prophylactic procedures; | |
| 474 | - | (ii) the exposure and processing of X-Ray films of the | |
| 475 | - | teeth and surrounding structures; | |
| 476 | - | (iii) the application to the surfaces of the teeth or | |
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| 213 | + | 1 (2) Who is a manager, proprietor, operator or | |
| 214 | + | 2 conductor of a business where dental operations are | |
| 215 | + | 3 performed; or | |
| 216 | + | 4 (3) Who performs dental operations of any kind; or | |
| 217 | + | 5 (4) Who uses an X-Ray machine or X-Ray films for | |
| 218 | + | 6 dental diagnostic purposes; or | |
| 219 | + | 7 (5) Who extracts a human tooth or teeth, or corrects | |
| 220 | + | 8 or attempts to correct malpositions of the human teeth or | |
| 221 | + | 9 jaws; or | |
| 222 | + | 10 (6) Who offers or undertakes, by any means or method, | |
| 223 | + | 11 to diagnose, treat or remove stains, calculus, and bonding | |
| 224 | + | 12 materials from human teeth or jaws; or | |
| 225 | + | 13 (7) Who uses or administers local or general | |
| 226 | + | 14 anesthetics in the treatment of dental or oral diseases or | |
| 227 | + | 15 in any preparation incident to a dental operation of any | |
| 228 | + | 16 kind or character; or | |
| 229 | + | 17 (8) Who takes material or digital scans for final | |
| 230 | + | 18 impressions of the human tooth, teeth, or jaws or performs | |
| 231 | + | 19 any phase of any operation incident to the replacement of | |
| 232 | + | 20 a part of a tooth, a tooth, teeth or associated tissues by | |
| 233 | + | 21 means of a filling, crown, a bridge, a denture or other | |
| 234 | + | 22 appliance; or | |
| 235 | + | 23 (9) Who offers to furnish, supply, construct, | |
| 236 | + | 24 reproduce or repair, or who furnishes, supplies, | |
| 237 | + | 25 constructs, reproduces or repairs, prosthetic dentures, | |
| 238 | + | 26 bridges or other substitutes for natural teeth, to the | |
| 477 | 239 | ||
| 478 | 240 | ||
| 479 | - | gums of chemical compounds designed to be desensitizing | |
| 480 | - | agents or effective agents in the prevention of dental | |
| 481 | - | caries or periodontal disease; | |
| 482 | - | (iv) all services which may be performed by a dental | |
| 483 | - | assistant as specified by rule pursuant to Section 17, and | |
| 484 | - | a dental hygienist may engage in the placing, carving, and | |
| 485 | - | finishing of amalgam restorations only after obtaining | |
| 486 | - | formal education and certification as determined by the | |
| 487 | - | Department; | |
| 488 | - | (v) administration and monitoring of nitrous oxide | |
| 489 | - | upon successful completion of a training program approved | |
| 490 | - | by the Department; | |
| 491 | - | (vi) administration of local anesthetics upon | |
| 492 | - | successful completion of a training program approved by | |
| 493 | - | the Department; and | |
| 494 | - | (vii) such other procedures and acts as shall be | |
| 495 | - | prescribed by rule or regulation of the Department. | |
| 496 | - | (b) A dental hygienist may be employed or engaged only: | |
| 497 | - | (1) by a dentist; | |
| 498 | - | (2) by a federal, State, county, or municipal agency | |
| 499 | - | or institution; | |
| 500 | - | (3) by a public or private school; or | |
| 501 | - | (4) by a public clinic operating under the direction | |
| 502 | - | of a hospital or federal, State, county, municipal, or | |
| 503 | - | other public agency or institution. | |
| 504 | - | (c) When employed or engaged in the office of a dentist, a | |
| 505 | 241 | ||
| 506 | 242 | ||
| 507 | - | dental hygienist may perform, under general supervision, those | |
| 508 | - | procedures found in items (i) through (iv) of subsection (a) | |
| 509 | - | of this Section, provided the patient has been examined by the | |
| 510 | - | dentist within one year of the provision of dental hygiene | |
| 511 | - | services, the dentist has approved the dental hygiene services | |
| 512 | - | by a notation in the patient's record and the patient has been | |
| 513 | - | notified that the dentist may be out of the office during the | |
| 514 | - | provision of dental hygiene services. | |
| 515 | - | (d) If a patient of record is unable to travel to a dental | |
| 516 | - | office because of illness, infirmity, or imprisonment, a | |
| 517 | - | dental hygienist may perform, under the general supervision of | |
| 518 | - | a dentist, those procedures found in items (i) through (iv) of | |
| 519 | - | subsection (a) of this Section, provided the patient is | |
| 520 | - | located in a long-term care facility licensed by the State of | |
| 521 | - | Illinois, a mental health or developmental disability | |
| 522 | - | facility, or a State or federal prison. The dentist shall | |
| 523 | - | either personally examine and diagnose the patient or utilize | |
| 524 | - | approved teledentistry communication methods and determine | |
| 525 | - | which services are necessary to be performed, which shall be | |
| 526 | - | contained in an order to the hygienist and a notation in the | |
| 527 | - | patient's record. Such order must be implemented within 45 | |
| 528 | - | days of its issuance, and an updated medical history and | |
| 529 | - | observation of oral conditions must be performed by the | |
| 530 | - | hygienist immediately prior to beginning the procedures to | |
| 531 | - | ensure that the patient's health has not changed in any manner | |
| 532 | - | to warrant a reexamination by the dentist. | |
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| 533 | 245 | ||
| 534 | 246 | ||
| 535 | - | (e) School-based oral health care, consisting of and | |
| 536 | - | limited to oral prophylactic procedures, sealants, and | |
| 537 | - | fluoride treatments, may be provided by a dental hygienist | |
| 538 | - | under the general supervision of a dentist. A dental hygienist | |
| 539 | - | may not provide other dental hygiene treatment in a | |
| 540 | - | school-based setting, including but not limited to | |
| 541 | - | administration or monitoring of nitrous oxide or | |
| 542 | - | administration of local anesthetics. The school-based | |
| 543 | - | procedures may be performed provided the patient is located at | |
| 544 | - | a public or private school and the program is being conducted | |
| 545 | - | by a State, county or local public health department | |
| 546 | - | initiative or in conjunction with a dental school or dental | |
| 547 | - | hygiene program. The dentist shall personally examine and | |
| 548 | - | diagnose the patient and determine which services are | |
| 549 | - | necessary to be performed, which shall be contained in an | |
| 550 | - | order to the hygienist and a notation in the patient's record. | |
| 551 | - | Any such order for sealants must be implemented within 120 | |
| 552 | - | days after its issuance. Any such order for oral prophylactic | |
| 553 | - | procedures or fluoride treatments must be implemented within | |
| 554 | - | 180 days after its issuance. An updated medical history and | |
| 555 | - | observation of oral conditions must be performed by the | |
| 556 | - | hygienist immediately prior to beginning the procedures to | |
| 557 | - | ensure that the patient's health has not changed in any manner | |
| 558 | - | to warrant a reexamination by the dentist. | |
| 559 | - | (f) Without the supervision of a dentist, a dental | |
| 560 | - | hygienist may perform dental health education functions, | |
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| 249 | + | 1 user or prospective user thereof; or | |
| 250 | + | 2 (10) Who instructs students on clinical matters or | |
| 251 | + | 3 performs any clinical operation included in the curricula | |
| 252 | + | 4 of recognized dental schools and colleges; or | |
| 253 | + | 5 (11) Who takes material or digital scans for final | |
| 254 | + | 6 impressions of human teeth or places his or her hands in | |
| 255 | + | 7 the mouth of any person for the purpose of applying teeth | |
| 256 | + | 8 whitening materials, or who takes impressions of human | |
| 257 | + | 9 teeth or places his or her hands in the mouth of any person | |
| 258 | + | 10 for the purpose of assisting in the application of teeth | |
| 259 | + | 11 whitening materials. A person does not practice dentistry | |
| 260 | + | 12 when he or she discloses to the consumer that he or she is | |
| 261 | + | 13 not licensed as a dentist under this Act and (i) discusses | |
| 262 | + | 14 the use of teeth whitening materials with a consumer | |
| 263 | + | 15 purchasing these materials; (ii) provides instruction on | |
| 264 | + | 16 the use of teeth whitening materials with a consumer | |
| 265 | + | 17 purchasing these materials; or (iii) provides appropriate | |
| 266 | + | 18 equipment on-site to the consumer for the consumer to | |
| 267 | + | 19 self-apply teeth whitening materials. | |
| 268 | + | 20 The fact that any person engages in or performs, or offers | |
| 269 | + | 21 to engage in or perform, any of the practices, acts, or | |
| 270 | + | 22 operations set forth in this Section, shall be prima facie | |
| 271 | + | 23 evidence that such person is engaged in the practice of | |
| 272 | + | 24 dentistry. | |
| 273 | + | 25 The following practices, acts, and operations, however, | |
| 274 | + | 26 are exempt from the operation of this Act: | |
| 561 | 275 | ||
| 562 | 276 | ||
| 563 | - | including instruction in proper oral health care and dental | |
| 564 | - | hygiene in, for example, either a school setting, a or | |
| 565 | - | long-term care facility, and a health fair. In addition, a | |
| 566 | - | dental hygienist may record case care histories and oral | |
| 567 | - | conditions observed at any time prior to a clinical exam by a | |
| 568 | - | dentist. | |
| 569 | - | (g) The number of dental hygienists practicing in a dental | |
| 570 | - | office shall not exceed, at any one time, 4 times the number of | |
| 571 | - | dentists practicing in the office at the time. | |
| 572 | - | (h) A dental hygienist who is certified as a public health | |
| 573 | - | dental hygienist may provide services to patients: (1) who are | |
| 574 | - | eligible for Medicaid or (2) who are uninsured and whose | |
| 575 | - | household income is not greater than 300% of the federal | |
| 576 | - | poverty level. A public health dental hygienist may perform | |
| 577 | - | oral assessments, perform screenings, and provide educational | |
| 578 | - | and preventative services as provided in subsection (b) of | |
| 579 | - | Section 18.1 of this Act. The public health dental hygienist | |
| 580 | - | may not administer local anesthesia or nitrous oxide, or | |
| 581 | - | place, carve, or finish amalgam restorations or provide | |
| 582 | - | periodontal therapy under this exception. Each patient must | |
| 583 | - | sign a consent form that acknowledges that the care received | |
| 584 | - | does not take the place of a regular dental examination. The | |
| 585 | - | public health dental hygienist must provide the patient or | |
| 586 | - | guardian a written referral to a dentist for assessment of the | |
| 587 | - | need for further dental care at the time of treatment. Any | |
| 588 | - | indication or observation of a condition that could warrant | |
| 589 | 277 | ||
| 590 | 278 | ||
| 591 | - | the need for urgent attention must be reported immediately to | |
| 592 | - | the supervising dentist for appropriate assessment and | |
| 593 | - | treatment. | |
| 594 | - | This subsection (h) is inoperative on and after January 1, | |
| 595 | - | 2026. | |
| 596 | - | (i) A dental hygienist performing procedures listed in | |
| 597 | - | paragraphs (1) through (4) of subsection (a) of Section 17.1 | |
| 598 | - | must be under the supervision of a dentist, requiring the | |
| 599 | - | dentist authorizes the procedure, remains in the dental | |
| 600 | - | facility while the procedure is performed, and approves the | |
| 601 | - | work performed by the dental hygienist before dismissal of the | |
| 602 | - | patient, but the dentist is not required to be present at all | |
| 603 | - | times in the treatment room. | |
| 604 | - | (j) A dental hygienist may perform actions described in | |
| 605 | - | paragraph (5) of subsection (a) of Section 17.1 under the | |
| 606 | - | general supervision of a dentist as described in this Section. | |
| 607 | - | (Source: P.A. 101-162, eff. 7-26-19; 102-936, eff. 1-1-23.) | |
| 608 | - | (225 ILCS 25/18.1) | |
| 609 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 610 | - | Sec. 18.1. Public health dental supervision | |
| 611 | - | responsibilities. | |
| 612 | - | (a) When working together in a public health supervision | |
| 613 | - | relationship, dentists and public health dental hygienists | |
| 614 | - | shall enter into a public health supervision agreement. The | |
| 615 | - | dentist providing public health supervision must: | |
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| 618 | - | (1) be available to provide an appropriate level of | |
| 619 | - | contact, communication, collaboration, and consultation | |
| 620 | - | with the public health dental hygienist and must meet | |
| 621 | - | in-person with the public health dental hygienist at least | |
| 622 | - | quarterly for review and consultation; | |
| 623 | - | (2) have specific standing orders or policy guidelines | |
| 624 | - | for procedures that are to be carried out for each | |
| 625 | - | location or program, although the dentist need not be | |
| 626 | - | present when the procedures are being performed; | |
| 627 | - | (3) provide for the patient's additional necessary | |
| 628 | - | care in consultation with the public health dental | |
| 629 | - | hygienist; | |
| 630 | - | (4) file agreements and notifications as required; and | |
| 631 | - | (5) include procedures for creating and maintaining | |
| 632 | - | dental records, including protocols for transmission of | |
| 633 | - | all records between the public health dental hygienist and | |
| 634 | - | the dentist following each treatment, which shall include | |
| 635 | - | a notation regarding procedures authorized by the dentist | |
| 636 | - | and performed by the public health dental hygienist and | |
| 637 | - | the location where those records are to be kept. | |
| 638 | - | Each dentist and hygienist who enters into a public health | |
| 639 | - | supervision agreement must document and maintain a copy of any | |
| 640 | - | change or termination of that agreement. | |
| 641 | - | Dental records shall be owned and maintained by the | |
| 642 | - | supervising dentist for all patients treated under public | |
| 643 | - | health supervision, unless the supervising dentist is an | |
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| 285 | + | 1 (a) The rendering of dental relief in emergency cases | |
| 286 | + | 2 in the practice of his or her profession by a physician or | |
| 287 | + | 3 surgeon, licensed as such under the laws of this State, | |
| 288 | + | 4 unless he or she undertakes to reproduce or reproduces | |
| 289 | + | 5 lost parts of the human teeth in the mouth or to restore or | |
| 290 | + | 6 replace lost or missing teeth in the mouth; or | |
| 291 | + | 7 (b) The practice of dentistry in the discharge of | |
| 292 | + | 8 their official duties by dentists in any branch of the | |
| 293 | + | 9 Armed Services of the United States, the United States | |
| 294 | + | 10 Public Health Service, or the United States Veterans | |
| 295 | + | 11 Administration; or | |
| 296 | + | 12 (c) The practice of dentistry by students in their | |
| 297 | + | 13 course of study in dental schools or colleges approved by | |
| 298 | + | 14 the Department, when acting under the direction and | |
| 299 | + | 15 supervision of dentists acting as instructors; or | |
| 300 | + | 16 (d) The practice of dentistry by clinical instructors | |
| 301 | + | 17 in the course of their teaching duties in dental schools | |
| 302 | + | 18 or colleges approved by the Department: | |
| 303 | + | 19 (i) when acting under the direction and | |
| 304 | + | 20 supervision of dentists, provided that such clinical | |
| 305 | + | 21 instructors have instructed continuously in this State | |
| 306 | + | 22 since January 1, 1986; or | |
| 307 | + | 23 (ii) when holding the rank of full professor at | |
| 308 | + | 24 such approved dental school or college and possessing | |
| 309 | + | 25 a current valid license or authorization to practice | |
| 310 | + | 26 dentistry in another country; or | |
| 644 | 311 | ||
| 645 | 312 | ||
| 646 | - | employee of a public health clinic or federally qualified | |
| 647 | - | health center, in which case the public health clinic or | |
| 648 | - | federally qualified health center shall maintain the records. | |
| 649 | - | If a dentist ceases to be employed or contracted by the | |
| 650 | - | facility, the dentist shall notify the facility administrator | |
| 651 | - | that the public health supervision agreement is no longer in | |
| 652 | - | effect. A new public health supervision agreement is required | |
| 653 | - | for the public health dental hygienist to continue treating | |
| 654 | - | patients under public health supervision. | |
| 655 | - | A dentist entering into an agreement under this Section | |
| 656 | - | may supervise and enter into agreements for public health | |
| 657 | - | supervision with 4 2 public health dental hygienists. This | |
| 658 | - | shall be in addition to the limit of 4 dental hygienists per | |
| 659 | - | dentist set forth in subsection (g) of Section 18 of this Act. | |
| 660 | - | (b) A public health dental hygienist providing services | |
| 661 | - | under public health supervision may perform only those duties | |
| 662 | - | within the accepted scope of practice of dental hygiene, as | |
| 663 | - | follows: | |
| 664 | - | (1) the operative procedures of dental hygiene, | |
| 665 | - | consisting of oral prophylactic procedures, including | |
| 666 | - | prophylactic cleanings, application of fluoride, and | |
| 667 | - | placement of sealants; | |
| 668 | - | (2) the exposure and processing of x-ray films of the | |
| 669 | - | teeth and surrounding structures; and | |
| 670 | - | (3) such other procedures and acts as shall be | |
| 671 | - | prescribed by rule of the Department. | |
| 672 | 313 | ||
| 673 | 314 | ||
| 674 | - | Any patient treated under this subsection (b) must be | |
| 675 | - | examined by a dentist before additional services can be | |
| 676 | - | provided by a public health dental hygienist. However, if the | |
| 677 | - | supervising dentist, after consultation with the public health | |
| 678 | - | hygienist, determines that time is needed to complete an | |
| 679 | - | approved treatment plan on a patient eligible under this | |
| 680 | - | Section, then the dentist may instruct the hygienist to | |
| 681 | - | complete the remaining services prior to an oral examination | |
| 682 | - | by the dentist. Such instruction by the dentist to the | |
| 683 | - | hygienist shall be noted in the patient's records. Any | |
| 684 | - | services performed under this exception must be scheduled in a | |
| 685 | - | timely manner and shall not occur more than 30 days after the | |
| 686 | - | first appointment date. | |
| 687 | - | (c) A public health dental hygienist providing services | |
| 688 | - | under public health supervision must: | |
| 689 | - | (1) provide to the patient, parent, or guardian a | |
| 690 | - | written plan for referral or an agreement for follow-up | |
| 691 | - | that records all conditions observed that should be called | |
| 692 | - | to the attention of a dentist for proper diagnosis; | |
| 693 | - | (2) have each patient sign a permission slip or | |
| 694 | - | consent form that informs them that the service to be | |
| 695 | - | received does not take the place of regular dental | |
| 696 | - | checkups at a dental office and is meant for people who | |
| 697 | - | otherwise would not have access to the service; | |
| 698 | - | (3) inform each patient who may require further dental | |
| 699 | - | services of that need; | |
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| 702 | - | (4) maintain an appropriate level of contact and | |
| 703 | - | communication with the dentist providing public health | |
| 704 | - | supervision; and | |
| 705 | - | (5) complete an additional 4 hours of continuing | |
| 706 | - | education in areas specific to public health dentistry | |
| 707 | - | yearly. | |
| 708 | - | (d) Each public health dental hygienist who has rendered | |
| 709 | - | services under subsections (c), (d), and (e) of this Section | |
| 710 | - | must complete a summary report at the completion of a program | |
| 711 | - | or, in the case of an ongoing program, at least annually. The | |
| 712 | - | report must be completed in the manner specified by the | |
| 713 | - | Division of Oral Health in the Department of Public Health | |
| 714 | - | Oral Health Section including information about each location | |
| 715 | - | where the public health dental hygienist has rendered these | |
| 716 | - | services. The public health dental hygienist must submit the | |
| 717 | - | form to the dentist providing supervision for his or her | |
| 718 | - | signature before sending it to the Division. The Department of | |
| 719 | - | Public Health Oral Health Section shall compile and publicize | |
| 720 | - | public health dental hygienist service data annually. | |
| 721 | - | (e) Public health dental hygienists providing services | |
| 722 | - | under public health supervision may be compensated for their | |
| 723 | - | work by salary, honoraria, and other mechanisms by the | |
| 724 | - | employing or sponsoring entity. Nothing in this Act shall | |
| 725 | - | preclude the entity that employs or sponsors a public health | |
| 726 | - | dental hygienist from seeking payment, reimbursement, or other | |
| 727 | - | source of funding for the services provided. | |
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| 321 | + | 1 (e) The practice of dentistry by licensed dentists of | |
| 322 | + | 2 other states or countries at meetings of the Illinois | |
| 323 | + | 3 State Dental Society or component parts thereof, alumni | |
| 324 | + | 4 meetings of dental colleges, or any other like dental | |
| 325 | + | 5 organizations, while appearing as clinicians; or | |
| 326 | + | 6 (f) The use of X-Ray machines for exposing X-Ray films | |
| 327 | + | 7 of dental or oral tissues by dental hygienists or dental | |
| 328 | + | 8 assistants; or | |
| 329 | + | 9 (g) The performance of any dental service by a dental | |
| 330 | + | 10 assistant, if such service is performed under the | |
| 331 | + | 11 supervision and full responsibility of a dentist. In | |
| 332 | + | 12 addition, after being authorized by a dentist, a dental | |
| 333 | + | 13 assistant may, for the purpose of eliminating pain or | |
| 334 | + | 14 discomfort, remove loose, broken, or irritating | |
| 335 | + | 15 orthodontic appliances on a patient of record. | |
| 336 | + | 16 For purposes of this paragraph (g), "dental service" | |
| 337 | + | 17 is defined to mean any intraoral procedure or act which | |
| 338 | + | 18 shall be prescribed by rule or regulation of the | |
| 339 | + | 19 Department. Dental service, however, shall not include: | |
| 340 | + | 20 (1) Any and all diagnosis of or prescription for | |
| 341 | + | 21 treatment of disease, pain, deformity, deficiency, | |
| 342 | + | 22 injury or physical condition of the human teeth or | |
| 343 | + | 23 jaws, or adjacent structures. | |
| 344 | + | 24 (2) Removal of, or restoration of, or addition to | |
| 345 | + | 25 the hard or soft tissues of the oral cavity, except for | |
| 346 | + | 26 the placing, carving, and finishing of amalgam | |
| 728 | 347 | ||
| 729 | 348 | ||
| 730 | - | (f) This Section is repealed on January 1, 2026. | |
| 731 | - | (Source: P.A. 101-162, eff. 7-26-19.) | |
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| 357 | + | 1 restorations and placing, packing, and finishing | |
| 358 | + | 2 composite restorations by dental assistants who have | |
| 359 | + | 3 had additional formal education and certification. | |
| 360 | + | 4 A dental assistant may place, carve, and finish | |
| 361 | + | 5 amalgam restorations, place, pack, and finish | |
| 362 | + | 6 composite restorations, and place interim restorations | |
| 363 | + | 7 if he or she (A) has successfully completed a | |
| 364 | + | 8 structured training program as described in item (2) | |
| 365 | + | 9 of subsection (g) provided by an educational | |
| 366 | + | 10 institution accredited by the Commission on Dental | |
| 367 | + | 11 Accreditation, such as a dental school or dental | |
| 368 | + | 12 hygiene or dental assistant program, or (B) has at | |
| 369 | + | 13 least 4,000 hours of direct clinical patient care | |
| 370 | + | 14 experience and has successfully completed a structured | |
| 371 | + | 15 training program as described in item (2) of | |
| 372 | + | 16 subsection (g) provided by a statewide dental | |
| 373 | + | 17 association, approved by the Department to provide | |
| 374 | + | 18 continuing education, that has developed and conducted | |
| 375 | + | 19 training programs for expanded functions for dental | |
| 376 | + | 20 assistants or hygienists. The training program must: | |
| 377 | + | 21 (i) include a minimum of 16 hours of didactic study and | |
| 378 | + | 22 14 hours of clinical manikin instruction; all training | |
| 379 | + | 23 programs shall include areas of study in nomenclature, | |
| 380 | + | 24 caries classifications, oral anatomy, periodontium, | |
| 381 | + | 25 basic occlusion, instrumentations, pulp protection | |
| 382 | + | 26 liners and bases, dental materials, matrix and wedge | |
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| 393 | + | 1 techniques, amalgam placement and carving, rubber dam | |
| 394 | + | 2 clamp placement, and rubber dam placement and removal; | |
| 395 | + | 3 (ii) include an outcome assessment examination that | |
| 396 | + | 4 demonstrates competency; (iii) require the supervising | |
| 397 | + | 5 dentist to observe and approve the completion of 8 | |
| 398 | + | 6 amalgam or composite restorations; and (iv) issue a | |
| 399 | + | 7 certificate of completion of the training program, | |
| 400 | + | 8 which must be kept on file at the dental office and be | |
| 401 | + | 9 made available to the Department upon request. A | |
| 402 | + | 10 dental assistant must have successfully completed an | |
| 403 | + | 11 approved coronal polishing and dental sealant course | |
| 404 | + | 12 prior to taking the amalgam and composite restoration | |
| 405 | + | 13 course. | |
| 406 | + | 14 A dentist utilizing dental assistants shall not | |
| 407 | + | 15 supervise more than 4 dental assistants at any one | |
| 408 | + | 16 time for placing, carving, and finishing of amalgam | |
| 409 | + | 17 restorations or for placing, packing, and finishing | |
| 410 | + | 18 composite restorations. | |
| 411 | + | 19 (3) Any and all correction of malformation of | |
| 412 | + | 20 teeth or of the jaws. | |
| 413 | + | 21 (4) Administration of anesthetics, except for | |
| 414 | + | 22 monitoring of nitrous oxide, conscious sedation, deep | |
| 415 | + | 23 sedation, and general anesthetic as provided in | |
| 416 | + | 24 Section 8.1 of this Act, that may be performed only | |
| 417 | + | 25 after successful completion of a training program | |
| 418 | + | 26 approved by the Department. A dentist utilizing dental | |
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| 429 | + | 1 assistants shall not supervise more than 4 dental | |
| 430 | + | 2 assistants at any one time for the monitoring of | |
| 431 | + | 3 nitrous oxide. | |
| 432 | + | 4 (5) Removal of calculus from human teeth. | |
| 433 | + | 5 (6) Taking of material or digital scans for final | |
| 434 | + | 6 impressions for the fabrication of prosthetic | |
| 435 | + | 7 appliances, crowns, bridges, inlays, onlays, or other | |
| 436 | + | 8 restorative or replacement dentistry. | |
| 437 | + | 9 (7) The operative procedure of dental hygiene | |
| 438 | + | 10 consisting of oral prophylactic procedures, except for | |
| 439 | + | 11 coronal polishing and pit and fissure sealants, which | |
| 440 | + | 12 may be performed by a dental assistant who has | |
| 441 | + | 13 successfully completed a training program approved by | |
| 442 | + | 14 the Department. Dental assistants may perform coronal | |
| 443 | + | 15 polishing under the following circumstances: (i) the | |
| 444 | + | 16 coronal polishing shall be limited to polishing the | |
| 445 | + | 17 clinical crown of the tooth and existing restorations, | |
| 446 | + | 18 supragingivally; (ii) the dental assistant performing | |
| 447 | + | 19 the coronal polishing shall be limited to the use of | |
| 448 | + | 20 rotary instruments using a rubber cup or brush | |
| 449 | + | 21 polishing method (air polishing is not permitted); and | |
| 450 | + | 22 (iii) the supervising dentist shall not supervise more | |
| 451 | + | 23 than 4 dental assistants at any one time for the task | |
| 452 | + | 24 of coronal polishing or pit and fissure sealants. | |
| 453 | + | 25 In addition to coronal polishing and pit and | |
| 454 | + | 26 fissure sealants as described in this item (7), a | |
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| 465 | + | 1 dental assistant who has at least 2,000 hours of | |
| 466 | + | 2 direct clinical patient care experience and who has | |
| 467 | + | 3 successfully completed a structured training program | |
| 468 | + | 4 provided by (1) an educational institution including, | |
| 469 | + | 5 but not limited to, a dental school or dental hygiene | |
| 470 | + | 6 or dental assistant program, or (2) a continuing | |
| 471 | + | 7 education provider approved by the Department, or (3) | |
| 472 | + | 8 a statewide dental or dental hygienist association, | |
| 473 | + | 9 approved by the Department on or before January 1, | |
| 474 | + | 10 2017 (the effective date of Public Act 99-680), that | |
| 475 | + | 11 has developed and conducted a training program for | |
| 476 | + | 12 expanded functions for dental assistants or hygienists | |
| 477 | + | 13 may perform: (A) coronal scaling above the gum line, | |
| 478 | + | 14 supragingivally, on the clinical crown of the tooth | |
| 479 | + | 15 only on patients 17 years of age or younger who have an | |
| 480 | + | 16 absence of periodontal disease and who are not | |
| 481 | + | 17 medically compromised or individuals with special | |
| 482 | + | 18 needs and (B) intracoronal temporization of a tooth. | |
| 483 | + | 19 The training program must: (I) include a minimum of 32 | |
| 484 | + | 20 hours of instruction in both didactic and clinical | |
| 485 | + | 21 manikin or human subject instruction; all training | |
| 486 | + | 22 programs shall include areas of study in dental | |
| 487 | + | 23 anatomy, public health dentistry, medical history, | |
| 488 | + | 24 dental emergencies, and managing the pediatric | |
| 489 | + | 25 patient; (II) include an outcome assessment | |
| 490 | + | 26 examination that demonstrates competency; (III) | |
| 491 | + | ||
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| 501 | + | 1 require the supervising dentist to observe and approve | |
| 502 | + | 2 the completion of 6 full mouth supragingival scaling | |
| 503 | + | 3 procedures unless the training was received as part of | |
| 504 | + | 4 a Commission on Dental Accreditation approved dental | |
| 505 | + | 5 assistant program; and (IV) issue a certificate of | |
| 506 | + | 6 completion of the training program, which must be kept | |
| 507 | + | 7 on file at the dental office and be made available to | |
| 508 | + | 8 the Department upon request. A dental assistant must | |
| 509 | + | 9 have successfully completed an approved coronal | |
| 510 | + | 10 polishing course prior to taking the coronal scaling | |
| 511 | + | 11 course. A dental assistant performing these functions | |
| 512 | + | 12 shall be limited to the use of hand instruments only. | |
| 513 | + | 13 In addition, coronal scaling as described in this | |
| 514 | + | 14 paragraph shall only be utilized on patients who are | |
| 515 | + | 15 eligible for Medicaid, who are uninsured, or whose | |
| 516 | + | 16 household income is not greater than 300% of the | |
| 517 | + | 17 federal poverty level. A dentist may not supervise | |
| 518 | + | 18 more than 2 dental assistants at any one time for the | |
| 519 | + | 19 task of coronal scaling. This paragraph is inoperative | |
| 520 | + | 20 on and after January 1, 2026. | |
| 521 | + | 21 The limitations on the number of dental assistants a | |
| 522 | + | 22 dentist may supervise contained in items (2), (4), and (7) | |
| 523 | + | 23 of this paragraph (g) mean a limit of 4 total dental | |
| 524 | + | 24 assistants or dental hygienists doing expanded functions | |
| 525 | + | 25 covered by these Sections being supervised by one dentist; | |
| 526 | + | 26 or | |
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| 537 | + | 1 (h) The practice of dentistry by an individual who: | |
| 538 | + | 2 (i) has applied in writing to the Department, in | |
| 539 | + | 3 form and substance satisfactory to the Department, for | |
| 540 | + | 4 a general dental license and has complied with all | |
| 541 | + | 5 provisions of Section 9 of this Act, except for the | |
| 542 | + | 6 passage of the examination specified in subsection (e) | |
| 543 | + | 7 of Section 9 of this Act; or | |
| 544 | + | 8 (ii) has applied in writing to the Department, in | |
| 545 | + | 9 form and substance satisfactory to the Department, for | |
| 546 | + | 10 a temporary dental license and has complied with all | |
| 547 | + | 11 provisions of subsection (c) of Section 11 of this | |
| 548 | + | 12 Act; and | |
| 549 | + | 13 (iii) has been accepted or appointed for specialty | |
| 550 | + | 14 or residency training by a hospital situated in this | |
| 551 | + | 15 State; or | |
| 552 | + | 16 (iv) has been accepted or appointed for specialty | |
| 553 | + | 17 training in an approved dental program situated in | |
| 554 | + | 18 this State; or | |
| 555 | + | 19 (v) has been accepted or appointed for specialty | |
| 556 | + | 20 training in a dental public health agency situated in | |
| 557 | + | 21 this State. | |
| 558 | + | 22 The applicant shall be permitted to practice dentistry | |
| 559 | + | 23 for a period of 3 months from the starting date of the | |
| 560 | + | 24 program, unless authorized in writing by the Department to | |
| 561 | + | 25 continue such practice for a period specified in writing | |
| 562 | + | 26 by the Department. | |
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| 573 | + | 1 The applicant shall only be entitled to perform such | |
| 574 | + | 2 acts as may be prescribed by and incidental to his or her | |
| 575 | + | 3 program of residency or specialty training and shall not | |
| 576 | + | 4 otherwise engage in the practice of dentistry in this | |
| 577 | + | 5 State. | |
| 578 | + | 6 The authority to practice shall terminate immediately | |
| 579 | + | 7 upon: | |
| 580 | + | 8 (1) the decision of the Department that the | |
| 581 | + | 9 applicant has failed the examination; or | |
| 582 | + | 10 (2) denial of licensure by the Department; or | |
| 583 | + | 11 (3) withdrawal of the application. | |
| 584 | + | 12 (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; | |
| 585 | + | 13 102-936, eff. 1-1-23.) | |
| 586 | + | 14 (225 ILCS 25/18) (from Ch. 111, par. 2318) | |
| 587 | + | 15 (Section scheduled to be repealed on January 1, 2026) | |
| 588 | + | 16 Sec. 18. Acts constituting the practice of dental hygiene; | |
| 589 | + | 17 limitations. | |
| 590 | + | 18 (a) A person practices dental hygiene within the meaning | |
| 591 | + | 19 of this Act when he or she performs the following acts under | |
| 592 | + | 20 the supervision of a dentist: | |
| 593 | + | 21 (i) the operative procedure of dental hygiene, | |
| 594 | + | 22 consisting of oral prophylactic procedures; | |
| 595 | + | 23 (ii) the exposure and processing of X-Ray films of the | |
| 596 | + | 24 teeth and surrounding structures; | |
| 597 | + | 25 (iii) the application to the surfaces of the teeth or | |
| 598 | + | ||
| 599 | + | ||
| 600 | + | ||
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| 607 | + | HB2267 Enrolled - 18 - LRB103 30203 AMQ 56631 b | |
| 608 | + | 1 gums of chemical compounds designed to be desensitizing | |
| 609 | + | 2 agents or effective agents in the prevention of dental | |
| 610 | + | 3 caries or periodontal disease; | |
| 611 | + | 4 (iv) all services which may be performed by a dental | |
| 612 | + | 5 assistant as specified by rule pursuant to Section 17, and | |
| 613 | + | 6 a dental hygienist may engage in the placing, carving, and | |
| 614 | + | 7 finishing of amalgam restorations only after obtaining | |
| 615 | + | 8 formal education and certification as determined by the | |
| 616 | + | 9 Department; | |
| 617 | + | 10 (v) administration and monitoring of nitrous oxide | |
| 618 | + | 11 upon successful completion of a training program approved | |
| 619 | + | 12 by the Department; | |
| 620 | + | 13 (vi) administration of local anesthetics upon | |
| 621 | + | 14 successful completion of a training program approved by | |
| 622 | + | 15 the Department; and | |
| 623 | + | 16 (vii) such other procedures and acts as shall be | |
| 624 | + | 17 prescribed by rule or regulation of the Department. | |
| 625 | + | 18 (b) A dental hygienist may be employed or engaged only: | |
| 626 | + | 19 (1) by a dentist; | |
| 627 | + | 20 (2) by a federal, State, county, or municipal agency | |
| 628 | + | 21 or institution; | |
| 629 | + | 22 (3) by a public or private school; or | |
| 630 | + | 23 (4) by a public clinic operating under the direction | |
| 631 | + | 24 of a hospital or federal, State, county, municipal, or | |
| 632 | + | 25 other public agency or institution. | |
| 633 | + | 26 (c) When employed or engaged in the office of a dentist, a | |
| 634 | + | ||
| 635 | + | ||
| 636 | + | ||
| 637 | + | ||
| 638 | + | ||
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| 643 | + | HB2267 Enrolled - 19 - LRB103 30203 AMQ 56631 b | |
| 644 | + | 1 dental hygienist may perform, under general supervision, those | |
| 645 | + | 2 procedures found in items (i) through (iv) of subsection (a) | |
| 646 | + | 3 of this Section, provided the patient has been examined by the | |
| 647 | + | 4 dentist within one year of the provision of dental hygiene | |
| 648 | + | 5 services, the dentist has approved the dental hygiene services | |
| 649 | + | 6 by a notation in the patient's record and the patient has been | |
| 650 | + | 7 notified that the dentist may be out of the office during the | |
| 651 | + | 8 provision of dental hygiene services. | |
| 652 | + | 9 (d) If a patient of record is unable to travel to a dental | |
| 653 | + | 10 office because of illness, infirmity, or imprisonment, a | |
| 654 | + | 11 dental hygienist may perform, under the general supervision of | |
| 655 | + | 12 a dentist, those procedures found in items (i) through (iv) of | |
| 656 | + | 13 subsection (a) of this Section, provided the patient is | |
| 657 | + | 14 located in a long-term care facility licensed by the State of | |
| 658 | + | 15 Illinois, a mental health or developmental disability | |
| 659 | + | 16 facility, or a State or federal prison. The dentist shall | |
| 660 | + | 17 either personally examine and diagnose the patient or utilize | |
| 661 | + | 18 approved teledentistry communication methods and determine | |
| 662 | + | 19 which services are necessary to be performed, which shall be | |
| 663 | + | 20 contained in an order to the hygienist and a notation in the | |
| 664 | + | 21 patient's record. Such order must be implemented within 45 | |
| 665 | + | 22 days of its issuance, and an updated medical history and | |
| 666 | + | 23 observation of oral conditions must be performed by the | |
| 667 | + | 24 hygienist immediately prior to beginning the procedures to | |
| 668 | + | 25 ensure that the patient's health has not changed in any manner | |
| 669 | + | 26 to warrant a reexamination by the dentist. | |
| 670 | + | ||
| 671 | + | ||
| 672 | + | ||
| 673 | + | ||
| 674 | + | ||
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| 676 | + | ||
| 677 | + | ||
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| 679 | + | HB2267 Enrolled - 20 - LRB103 30203 AMQ 56631 b | |
| 680 | + | 1 (e) School-based oral health care, consisting of and | |
| 681 | + | 2 limited to oral prophylactic procedures, sealants, and | |
| 682 | + | 3 fluoride treatments, may be provided by a dental hygienist | |
| 683 | + | 4 under the general supervision of a dentist. A dental hygienist | |
| 684 | + | 5 may not provide other dental hygiene treatment in a | |
| 685 | + | 6 school-based setting, including but not limited to | |
| 686 | + | 7 administration or monitoring of nitrous oxide or | |
| 687 | + | 8 administration of local anesthetics. The school-based | |
| 688 | + | 9 procedures may be performed provided the patient is located at | |
| 689 | + | 10 a public or private school and the program is being conducted | |
| 690 | + | 11 by a State, county or local public health department | |
| 691 | + | 12 initiative or in conjunction with a dental school or dental | |
| 692 | + | 13 hygiene program. The dentist shall personally examine and | |
| 693 | + | 14 diagnose the patient and determine which services are | |
| 694 | + | 15 necessary to be performed, which shall be contained in an | |
| 695 | + | 16 order to the hygienist and a notation in the patient's record. | |
| 696 | + | 17 Any such order for sealants must be implemented within 120 | |
| 697 | + | 18 days after its issuance. Any such order for oral prophylactic | |
| 698 | + | 19 procedures or fluoride treatments must be implemented within | |
| 699 | + | 20 180 days after its issuance. An updated medical history and | |
| 700 | + | 21 observation of oral conditions must be performed by the | |
| 701 | + | 22 hygienist immediately prior to beginning the procedures to | |
| 702 | + | 23 ensure that the patient's health has not changed in any manner | |
| 703 | + | 24 to warrant a reexamination by the dentist. | |
| 704 | + | 25 (f) Without the supervision of a dentist, a dental | |
| 705 | + | 26 hygienist may perform dental health education functions, | |
| 706 | + | ||
| 707 | + | ||
| 708 | + | ||
| 709 | + | ||
| 710 | + | ||
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| 712 | + | ||
| 713 | + | ||
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| 715 | + | HB2267 Enrolled - 21 - LRB103 30203 AMQ 56631 b | |
| 716 | + | 1 including instruction in proper oral health care and dental | |
| 717 | + | 2 hygiene in, for example, either a school setting, a or | |
| 718 | + | 3 long-term care facility, and a health fair. In addition, a | |
| 719 | + | 4 dental hygienist may record case care histories and oral | |
| 720 | + | 5 conditions observed at any time prior to a clinical exam by a | |
| 721 | + | 6 dentist. | |
| 722 | + | 7 (g) The number of dental hygienists practicing in a dental | |
| 723 | + | 8 office shall not exceed, at any one time, 4 times the number of | |
| 724 | + | 9 dentists practicing in the office at the time. | |
| 725 | + | 10 (h) A dental hygienist who is certified as a public health | |
| 726 | + | 11 dental hygienist may provide services to patients: (1) who are | |
| 727 | + | 12 eligible for Medicaid or (2) who are uninsured and whose | |
| 728 | + | 13 household income is not greater than 300% of the federal | |
| 729 | + | 14 poverty level. A public health dental hygienist may perform | |
| 730 | + | 15 oral assessments, perform screenings, and provide educational | |
| 731 | + | 16 and preventative services as provided in subsection (b) of | |
| 732 | + | 17 Section 18.1 of this Act. The public health dental hygienist | |
| 733 | + | 18 may not administer local anesthesia or nitrous oxide, or | |
| 734 | + | 19 place, carve, or finish amalgam restorations or provide | |
| 735 | + | 20 periodontal therapy under this exception. Each patient must | |
| 736 | + | 21 sign a consent form that acknowledges that the care received | |
| 737 | + | 22 does not take the place of a regular dental examination. The | |
| 738 | + | 23 public health dental hygienist must provide the patient or | |
| 739 | + | 24 guardian a written referral to a dentist for assessment of the | |
| 740 | + | 25 need for further dental care at the time of treatment. Any | |
| 741 | + | 26 indication or observation of a condition that could warrant | |
| 742 | + | ||
| 743 | + | ||
| 744 | + | ||
| 745 | + | ||
| 746 | + | ||
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| 748 | + | ||
| 749 | + | ||
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| 751 | + | HB2267 Enrolled - 22 - LRB103 30203 AMQ 56631 b | |
| 752 | + | 1 the need for urgent attention must be reported immediately to | |
| 753 | + | 2 the supervising dentist for appropriate assessment and | |
| 754 | + | 3 treatment. | |
| 755 | + | 4 This subsection (h) is inoperative on and after January 1, | |
| 756 | + | 5 2026. | |
| 757 | + | 6 (i) A dental hygienist performing procedures listed in | |
| 758 | + | 7 paragraphs (1) through (4) of subsection (a) of Section 17.1 | |
| 759 | + | 8 must be under the supervision of a dentist, requiring the | |
| 760 | + | 9 dentist authorizes the procedure, remains in the dental | |
| 761 | + | 10 facility while the procedure is performed, and approves the | |
| 762 | + | 11 work performed by the dental hygienist before dismissal of the | |
| 763 | + | 12 patient, but the dentist is not required to be present at all | |
| 764 | + | 13 times in the treatment room. | |
| 765 | + | 14 (j) A dental hygienist may perform actions described in | |
| 766 | + | 15 paragraph (5) of subsection (a) of Section 17.1 under the | |
| 767 | + | 16 general supervision of a dentist as described in this Section. | |
| 768 | + | 17 (Source: P.A. 101-162, eff. 7-26-19; 102-936, eff. 1-1-23.) | |
| 769 | + | 18 (225 ILCS 25/18.1) | |
| 770 | + | 19 (Section scheduled to be repealed on January 1, 2026) | |
| 771 | + | 20 Sec. 18.1. Public health dental supervision | |
| 772 | + | 21 responsibilities. | |
| 773 | + | 22 (a) When working together in a public health supervision | |
| 774 | + | 23 relationship, dentists and public health dental hygienists | |
| 775 | + | 24 shall enter into a public health supervision agreement. The | |
| 776 | + | 25 dentist providing public health supervision must: | |
| 777 | + | ||
| 778 | + | ||
| 779 | + | ||
| 780 | + | ||
| 781 | + | ||
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| 783 | + | ||
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| 786 | + | HB2267 Enrolled - 23 - LRB103 30203 AMQ 56631 b | |
| 787 | + | 1 (1) be available to provide an appropriate level of | |
| 788 | + | 2 contact, communication, collaboration, and consultation | |
| 789 | + | 3 with the public health dental hygienist and must meet | |
| 790 | + | 4 in-person with the public health dental hygienist at least | |
| 791 | + | 5 quarterly for review and consultation; | |
| 792 | + | 6 (2) have specific standing orders or policy guidelines | |
| 793 | + | 7 for procedures that are to be carried out for each | |
| 794 | + | 8 location or program, although the dentist need not be | |
| 795 | + | 9 present when the procedures are being performed; | |
| 796 | + | 10 (3) provide for the patient's additional necessary | |
| 797 | + | 11 care in consultation with the public health dental | |
| 798 | + | 12 hygienist; | |
| 799 | + | 13 (4) file agreements and notifications as required; and | |
| 800 | + | 14 (5) include procedures for creating and maintaining | |
| 801 | + | 15 dental records, including protocols for transmission of | |
| 802 | + | 16 all records between the public health dental hygienist and | |
| 803 | + | 17 the dentist following each treatment, which shall include | |
| 804 | + | 18 a notation regarding procedures authorized by the dentist | |
| 805 | + | 19 and performed by the public health dental hygienist and | |
| 806 | + | 20 the location where those records are to be kept. | |
| 807 | + | 21 Each dentist and hygienist who enters into a public health | |
| 808 | + | 22 supervision agreement must document and maintain a copy of any | |
| 809 | + | 23 change or termination of that agreement. | |
| 810 | + | 24 Dental records shall be owned and maintained by the | |
| 811 | + | 25 supervising dentist for all patients treated under public | |
| 812 | + | 26 health supervision, unless the supervising dentist is an | |
| 813 | + | ||
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| 815 | + | ||
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| 822 | + | HB2267 Enrolled - 24 - LRB103 30203 AMQ 56631 b | |
| 823 | + | 1 employee of a public health clinic or federally qualified | |
| 824 | + | 2 health center, in which case the public health clinic or | |
| 825 | + | 3 federally qualified health center shall maintain the records. | |
| 826 | + | 4 If a dentist ceases to be employed or contracted by the | |
| 827 | + | 5 facility, the dentist shall notify the facility administrator | |
| 828 | + | 6 that the public health supervision agreement is no longer in | |
| 829 | + | 7 effect. A new public health supervision agreement is required | |
| 830 | + | 8 for the public health dental hygienist to continue treating | |
| 831 | + | 9 patients under public health supervision. | |
| 832 | + | 10 A dentist entering into an agreement under this Section | |
| 833 | + | 11 may supervise and enter into agreements for public health | |
| 834 | + | 12 supervision with 4 2 public health dental hygienists. This | |
| 835 | + | 13 shall be in addition to the limit of 4 dental hygienists per | |
| 836 | + | 14 dentist set forth in subsection (g) of Section 18 of this Act. | |
| 837 | + | 15 (b) A public health dental hygienist providing services | |
| 838 | + | 16 under public health supervision may perform only those duties | |
| 839 | + | 17 within the accepted scope of practice of dental hygiene, as | |
| 840 | + | 18 follows: | |
| 841 | + | 19 (1) the operative procedures of dental hygiene, | |
| 842 | + | 20 consisting of oral prophylactic procedures, including | |
| 843 | + | 21 prophylactic cleanings, application of fluoride, and | |
| 844 | + | 22 placement of sealants; | |
| 845 | + | 23 (2) the exposure and processing of x-ray films of the | |
| 846 | + | 24 teeth and surrounding structures; and | |
| 847 | + | 25 (3) such other procedures and acts as shall be | |
| 848 | + | 26 prescribed by rule of the Department. | |
| 849 | + | ||
| 850 | + | ||
| 851 | + | ||
| 852 | + | ||
| 853 | + | ||
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| 858 | + | HB2267 Enrolled - 25 - LRB103 30203 AMQ 56631 b | |
| 859 | + | 1 Any patient treated under this subsection (b) must be | |
| 860 | + | 2 examined by a dentist before additional services can be | |
| 861 | + | 3 provided by a public health dental hygienist. However, if the | |
| 862 | + | 4 supervising dentist, after consultation with the public health | |
| 863 | + | 5 hygienist, determines that time is needed to complete an | |
| 864 | + | 6 approved treatment plan on a patient eligible under this | |
| 865 | + | 7 Section, then the dentist may instruct the hygienist to | |
| 866 | + | 8 complete the remaining services prior to an oral examination | |
| 867 | + | 9 by the dentist. Such instruction by the dentist to the | |
| 868 | + | 10 hygienist shall be noted in the patient's records. Any | |
| 869 | + | 11 services performed under this exception must be scheduled in a | |
| 870 | + | 12 timely manner and shall not occur more than 30 days after the | |
| 871 | + | 13 first appointment date. | |
| 872 | + | 14 (c) A public health dental hygienist providing services | |
| 873 | + | 15 under public health supervision must: | |
| 874 | + | 16 (1) provide to the patient, parent, or guardian a | |
| 875 | + | 17 written plan for referral or an agreement for follow-up | |
| 876 | + | 18 that records all conditions observed that should be called | |
| 877 | + | 19 to the attention of a dentist for proper diagnosis; | |
| 878 | + | 20 (2) have each patient sign a permission slip or | |
| 879 | + | 21 consent form that informs them that the service to be | |
| 880 | + | 22 received does not take the place of regular dental | |
| 881 | + | 23 checkups at a dental office and is meant for people who | |
| 882 | + | 24 otherwise would not have access to the service; | |
| 883 | + | 25 (3) inform each patient who may require further dental | |
| 884 | + | 26 services of that need; | |
| 885 | + | ||
| 886 | + | ||
| 887 | + | ||
| 888 | + | ||
| 889 | + | ||
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| 891 | + | ||
| 892 | + | ||
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| 894 | + | HB2267 Enrolled - 26 - LRB103 30203 AMQ 56631 b | |
| 895 | + | 1 (4) maintain an appropriate level of contact and | |
| 896 | + | 2 communication with the dentist providing public health | |
| 897 | + | 3 supervision; and | |
| 898 | + | 4 (5) complete an additional 4 hours of continuing | |
| 899 | + | 5 education in areas specific to public health dentistry | |
| 900 | + | 6 yearly. | |
| 901 | + | 7 (d) Each public health dental hygienist who has rendered | |
| 902 | + | 8 services under subsections (c), (d), and (e) of this Section | |
| 903 | + | 9 must complete a summary report at the completion of a program | |
| 904 | + | 10 or, in the case of an ongoing program, at least annually. The | |
| 905 | + | 11 report must be completed in the manner specified by the | |
| 906 | + | 12 Division of Oral Health in the Department of Public Health | |
| 907 | + | 13 Oral Health Section including information about each location | |
| 908 | + | 14 where the public health dental hygienist has rendered these | |
| 909 | + | 15 services. The public health dental hygienist must submit the | |
| 910 | + | 16 form to the dentist providing supervision for his or her | |
| 911 | + | 17 signature before sending it to the Division. The Department of | |
| 912 | + | 18 Public Health Oral Health Section shall compile and publicize | |
| 913 | + | 19 public health dental hygienist service data annually. | |
| 914 | + | 20 (e) Public health dental hygienists providing services | |
| 915 | + | 21 under public health supervision may be compensated for their | |
| 916 | + | 22 work by salary, honoraria, and other mechanisms by the | |
| 917 | + | 23 employing or sponsoring entity. Nothing in this Act shall | |
| 918 | + | 24 preclude the entity that employs or sponsors a public health | |
| 919 | + | 25 dental hygienist from seeking payment, reimbursement, or other | |
| 920 | + | 26 source of funding for the services provided. | |
| 921 | + | ||
| 922 | + | ||
| 923 | + | ||
| 924 | + | ||
| 925 | + | ||
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| 927 | + | ||
| 928 | + | ||
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| 930 | + | HB2267 Enrolled - 27 - LRB103 30203 AMQ 56631 b | |
| 931 | + | 1 (f) This Section is repealed on January 1, 2026. | |
| 932 | + | 2 (Source: P.A. 101-162, eff. 7-26-19.) | |
| 933 | + | ||
| 934 | + | ||
| 935 | + | ||
| 936 | + | ||
| 937 | + | ||
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