Old | New | Differences | |
---|---|---|---|
1 | - | Public Act 103-0902 | |
2 | 1 | SB2586 EnrolledLRB103 32717 SPS 62470 b SB2586 Enrolled LRB103 32717 SPS 62470 b | |
3 | 2 | SB2586 Enrolled LRB103 32717 SPS 62470 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, 18.1, and 23 and by adding Section 17.2 as | |
9 | - | follows: | |
10 | - | (225 ILCS 25/4) | |
11 | - | (Section scheduled to be repealed on January 1, 2026) | |
12 | - | Sec. 4. Definitions. As used in this Act: | |
13 | - | "Address of record" means the designated address recorded | |
14 | - | by the Department in the applicant's or licensee's application | |
15 | - | file or license file as maintained by the Department's | |
16 | - | licensure maintenance unit. It is the duty of the applicant or | |
17 | - | licensee to inform the Department of any change of address and | |
18 | - | those changes must be made either through the Department's | |
19 | - | website or by contacting the Department. | |
20 | - | "Department" means the Department of Financial and | |
21 | - | Professional Regulation. | |
22 | - | "Secretary" means the Secretary of Financial and | |
23 | - | Professional Regulation. | |
24 | - | "Board" means the Board of Dentistry. | |
25 | - | "Dentist" means a person who has received a general | |
26 | - | license pursuant to paragraph (a) of Section 11 of this Act and | |
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, 18.1, and 23 and by adding Section 17.2 as | |
8 | + | 6 follows: | |
9 | + | 7 (225 ILCS 25/4) | |
10 | + | 8 (Section scheduled to be repealed on January 1, 2026) | |
11 | + | 9 Sec. 4. Definitions. As used in this Act: | |
12 | + | 10 "Address of record" means the designated address recorded | |
13 | + | 11 by the Department in the applicant's or licensee's application | |
14 | + | 12 file or license file as maintained by the Department's | |
15 | + | 13 licensure maintenance unit. It is the duty of the applicant or | |
16 | + | 14 licensee to inform the Department of any change of address and | |
17 | + | 15 those changes must be made either through the Department's | |
18 | + | 16 website or by contacting the Department. | |
19 | + | 17 "Department" means the Department of Financial and | |
20 | + | 18 Professional Regulation. | |
21 | + | 19 "Secretary" means the Secretary of Financial and | |
22 | + | 20 Professional Regulation. | |
23 | + | 21 "Board" means the Board of Dentistry. | |
24 | + | 22 "Dentist" means a person who has received a general | |
25 | + | 23 license pursuant to paragraph (a) of Section 11 of this Act and | |
27 | 26 | ||
28 | 27 | ||
29 | 28 | ||
30 | 29 | SB2586 Enrolled LRB103 32717 SPS 62470 b | |
31 | 30 | ||
32 | 31 | ||
33 | - | who may perform any intraoral and extraoral procedure required | |
34 | - | in the practice of dentistry and to whom is reserved the | |
35 | - | responsibilities specified in Section 17. | |
36 | - | "Dental hygienist" means a person who holds a license | |
37 | - | under this Act to perform dental services as authorized by | |
38 | - | Section 18. | |
39 | - | "Dental assistant" means an appropriately trained person | |
40 | - | who, under the supervision of a dentist, provides dental | |
41 | - | services as authorized by Section 17. | |
42 | - | "Expanded function dental assistant" means a dental | |
43 | - | assistant who has completed the training required by Section | |
44 | - | 17.1 of this Act. | |
45 | - | "Dental laboratory" means a person, firm, or corporation | |
46 | - | which: | |
47 | - | (i) engages in making, providing, repairing, or | |
48 | - | altering dental prosthetic appliances and other artificial | |
49 | - | materials and devices which are returned to a dentist for | |
50 | - | insertion into the human oral cavity or which come in | |
51 | - | contact with its adjacent structures and tissues; and | |
52 | - | (ii) utilizes or employs a dental technician to | |
53 | - | provide such services; and | |
54 | - | (iii) performs such functions only for a dentist or | |
55 | - | dentists. | |
56 | - | "Supervision" means supervision of a dental hygienist or a | |
57 | - | dental assistant requiring that a dentist authorize the | |
58 | - | procedure, remain in the dental facility while the procedure | |
32 | + | SB2586 Enrolled- 2 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 2 - LRB103 32717 SPS 62470 b | |
33 | + | SB2586 Enrolled - 2 - LRB103 32717 SPS 62470 b | |
34 | + | 1 who may perform any intraoral and extraoral procedure required | |
35 | + | 2 in the practice of dentistry and to whom is reserved the | |
36 | + | 3 responsibilities specified in Section 17. | |
37 | + | 4 "Dental hygienist" means a person who holds a license | |
38 | + | 5 under this Act to perform dental services as authorized by | |
39 | + | 6 Section 18. | |
40 | + | 7 "Dental assistant" means an appropriately trained person | |
41 | + | 8 who, under the supervision of a dentist, provides dental | |
42 | + | 9 services as authorized by Section 17. | |
43 | + | 10 "Expanded function dental assistant" means a dental | |
44 | + | 11 assistant who has completed the training required by Section | |
45 | + | 12 17.1 of this Act. | |
46 | + | 13 "Dental laboratory" means a person, firm, or corporation | |
47 | + | 14 which: | |
48 | + | 15 (i) engages in making, providing, repairing, or | |
49 | + | 16 altering dental prosthetic appliances and other artificial | |
50 | + | 17 materials and devices which are returned to a dentist for | |
51 | + | 18 insertion into the human oral cavity or which come in | |
52 | + | 19 contact with its adjacent structures and tissues; and | |
53 | + | 20 (ii) utilizes or employs a dental technician to | |
54 | + | 21 provide such services; and | |
55 | + | 22 (iii) performs such functions only for a dentist or | |
56 | + | 23 dentists. | |
57 | + | 24 "Supervision" means supervision of a dental hygienist or a | |
58 | + | 25 dental assistant requiring that a dentist authorize the | |
59 | + | 26 procedure, remain in the dental facility while the procedure | |
59 | 60 | ||
60 | 61 | ||
61 | - | is performed, and approve the work performed by the dental | |
62 | - | hygienist or dental assistant before dismissal of the patient, | |
63 | - | but does not mean that the dentist must be present at all times | |
64 | - | in the treatment room. | |
65 | - | "General supervision" means supervision of a dental | |
66 | - | hygienist requiring that the patient be a patient of record, | |
67 | - | that the dentist examine the patient in accordance with | |
68 | - | Section 18 prior to treatment by the dental hygienist, and | |
69 | - | that the dentist authorize the procedures which are being | |
70 | - | carried out by a notation in the patient's record, but not | |
71 | - | requiring that a dentist be present when the authorized | |
72 | - | procedures are being performed. The issuance of a prescription | |
73 | - | to a dental laboratory by a dentist does not constitute | |
74 | - | general supervision. | |
75 | - | "Public member" means a person who is not a health | |
76 | - | professional. For purposes of board membership, any person | |
77 | - | with a significant financial interest in a health service or | |
78 | - | profession is not a public member. | |
79 | - | "Dentistry" means the healing art which is concerned with | |
80 | - | the examination, diagnosis, treatment planning, and care of | |
81 | - | conditions within the human oral cavity and its adjacent | |
82 | - | tissues and structures, as further specified in Section 17. | |
83 | - | "Branches of dentistry" means the various specialties of | |
84 | - | dentistry which, for purposes of this Act, shall be limited to | |
85 | - | the following: endodontics, oral and maxillofacial surgery, | |
86 | - | orthodontics and dentofacial orthopedics, pediatric dentistry, | |
87 | 62 | ||
88 | 63 | ||
89 | - | periodontics, prosthodontics, oral and maxillofacial | |
90 | - | radiology, and dental anesthesiology. | |
91 | - | "Specialist" means a dentist who has received a specialty | |
92 | - | license pursuant to Section 11(b). | |
93 | - | "Dental technician" means a person who owns, operates, or | |
94 | - | is employed by a dental laboratory and engages in making, | |
95 | - | providing, repairing, or altering dental prosthetic appliances | |
96 | - | and other artificial materials and devices which are returned | |
97 | - | to a dentist for insertion into the human oral cavity or which | |
98 | - | come in contact with its adjacent structures and tissues. | |
99 | - | "Informed consent" means legally valid consent that is | |
100 | - | given by a patient or legal guardian, that is recorded in | |
101 | - | writing or digitally, that authorizes intervention or | |
102 | - | treatment services from the treating dentist, and that | |
103 | - | documents agreement to participate in those services and | |
104 | - | knowledge of the risks, benefits, and alternatives, including | |
105 | - | the decision to withdraw from or decline treatment. | |
106 | - | "Impaired dentist" or "impaired dental hygienist" means a | |
107 | - | dentist or dental hygienist who is unable to practice with | |
108 | - | reasonable skill and safety because of a physical or mental | |
109 | - | disability as evidenced by a written determination or written | |
110 | - | consent based on clinical evidence, including deterioration | |
111 | - | through the aging process, loss of motor skills, abuse of | |
112 | - | drugs or alcohol, or a psychiatric disorder, of sufficient | |
113 | - | degree to diminish the person's ability to deliver competent | |
114 | - | patient care. | |
64 | + | ||
65 | + | SB2586 Enrolled - 2 - LRB103 32717 SPS 62470 b | |
115 | 66 | ||
116 | 67 | ||
117 | - | "Nurse" means a registered professional nurse, a certified | |
118 | - | registered nurse anesthetist licensed as an advanced practice | |
119 | - | registered nurse, or a licensed practical nurse licensed under | |
120 | - | the Nurse Practice Act. | |
121 | - | "Patient of record", except as provided in Section 17.2, | |
122 | - | means a patient for whom the patient's most recent dentist has | |
123 | - | obtained a relevant medical and dental history and on whom the | |
124 | - | dentist has performed a physical an examination within the | |
125 | - | last year and evaluated the condition to be treated, including | |
126 | - | a review of the patient's most recent x-rays. | |
127 | - | "Dental responder" means a dentist or dental hygienist who | |
128 | - | is appropriately certified in disaster preparedness, | |
129 | - | immunizations, and dental humanitarian medical response | |
130 | - | consistent with the Society of Disaster Medicine and Public | |
131 | - | Health and training certified by the National Incident | |
132 | - | Management System or the National Disaster Life Support | |
133 | - | Foundation. | |
134 | - | "Mobile dental van or portable dental unit" means any | |
135 | - | self-contained or portable dental unit in which dentistry is | |
136 | - | practiced that can be moved, towed, or transported from one | |
137 | - | location to another in order to establish a location where | |
138 | - | dental services can be provided. | |
139 | - | "Public health dental hygienist" means a hygienist who | |
140 | - | holds a valid license to practice in the State, has 2 years of | |
141 | - | full-time clinical experience or an equivalent of 4,000 hours | |
142 | - | of clinical experience, and has completed at least 42 clock | |
68 | + | SB2586 Enrolled- 3 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 3 - LRB103 32717 SPS 62470 b | |
69 | + | SB2586 Enrolled - 3 - LRB103 32717 SPS 62470 b | |
70 | + | 1 is performed, and approve the work performed by the dental | |
71 | + | 2 hygienist or dental assistant before dismissal of the patient, | |
72 | + | 3 but does not mean that the dentist must be present at all times | |
73 | + | 4 in the treatment room. | |
74 | + | 5 "General supervision" means supervision of a dental | |
75 | + | 6 hygienist requiring that the patient be a patient of record, | |
76 | + | 7 that the dentist examine the patient in accordance with | |
77 | + | 8 Section 18 prior to treatment by the dental hygienist, and | |
78 | + | 9 that the dentist authorize the procedures which are being | |
79 | + | 10 carried out by a notation in the patient's record, but not | |
80 | + | 11 requiring that a dentist be present when the authorized | |
81 | + | 12 procedures are being performed. The issuance of a prescription | |
82 | + | 13 to a dental laboratory by a dentist does not constitute | |
83 | + | 14 general supervision. | |
84 | + | 15 "Public member" means a person who is not a health | |
85 | + | 16 professional. For purposes of board membership, any person | |
86 | + | 17 with a significant financial interest in a health service or | |
87 | + | 18 profession is not a public member. | |
88 | + | 19 "Dentistry" means the healing art which is concerned with | |
89 | + | 20 the examination, diagnosis, treatment planning, and care of | |
90 | + | 21 conditions within the human oral cavity and its adjacent | |
91 | + | 22 tissues and structures, as further specified in Section 17. | |
92 | + | 23 "Branches of dentistry" means the various specialties of | |
93 | + | 24 dentistry which, for purposes of this Act, shall be limited to | |
94 | + | 25 the following: endodontics, oral and maxillofacial surgery, | |
95 | + | 26 orthodontics and dentofacial orthopedics, pediatric dentistry, | |
143 | 96 | ||
144 | 97 | ||
145 | - | hours of additional structured courses in dental education in | |
146 | - | advanced areas specific to public health dentistry. | |
147 | - | "Public health setting" means a federally qualified health | |
148 | - | center; a federal, State, or local public health facility; | |
149 | - | Head Start; a special supplemental nutrition program for | |
150 | - | Women, Infants, and Children (WIC) facility; a certified | |
151 | - | school-based health center or school-based oral health | |
152 | - | program; a prison; or a long-term care facility. | |
153 | - | "Public health supervision" means the supervision of a | |
154 | - | public health dental hygienist by a licensed dentist who has a | |
155 | - | written public health supervision agreement with that public | |
156 | - | health dental hygienist while working in an approved facility | |
157 | - | or program that allows the public health dental hygienist to | |
158 | - | treat patients, without a dentist first examining the patient | |
159 | - | and being present in the facility during treatment, (1) who | |
160 | - | are eligible for Medicaid or (2) who are uninsured or whose | |
161 | - | household income is not greater than 300% of the federal | |
162 | - | poverty level. | |
163 | - | "Teledentistry" means the use of telehealth systems and | |
164 | - | methodologies in dentistry and includes patient diagnosis, | |
165 | - | treatment planning, care, and education delivery for a patient | |
166 | - | of record using synchronous and asynchronous communications | |
167 | - | under an Illinois licensed a dentist's authority as provided | |
168 | - | under this Act. | |
169 | - | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | |
170 | - | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | |
171 | 98 | ||
172 | 99 | ||
173 | - | 1-1-24; revised 12-15-23.) | |
174 | - | (225 ILCS 25/17.2 new) | |
175 | - | Sec. 17.2. Teledentistry. | |
176 | - | (a) As used in this Section, "patient of record" means a | |
177 | - | patient for whom the patient's most recent Illinois-licensed | |
178 | - | dentist has obtained a relevant medical and dental history and | |
179 | - | on whom the dentist has (i) performed a physical examination | |
180 | - | within the last year; (ii) obtained relevant records that are | |
181 | - | appropriate for the type of teledentistry service being | |
182 | - | provided from an in-person examination within the previous 12 | |
183 | - | months, including a review of the patient's most recent | |
184 | - | x-rays; or (iii) established a relationship with the patient | |
185 | - | through an exchange of protected health information for the | |
186 | - | purpose of providing emergency care, treatment, or services in | |
187 | - | accordance with subsection (c). | |
188 | - | (b) A dentist may only practice or utilize teledentistry | |
189 | - | on a patient of record. A dentist practicing dentistry through | |
190 | - | teledentistry is subject to the same standard of care and | |
191 | - | practice standards that are applicable to dental services | |
192 | - | provided in a clinic or office setting. A dentist may provide | |
193 | - | and delegate dental services using teledentistry only under | |
194 | - | the supervision requirements as specified in this Act for | |
195 | - | in-person care. Prior to providing teledentistry services to a | |
196 | - | patient, a dentist must obtain informed consent from the | |
197 | - | patient as to the treatment proposed to be offered through | |
100 | + | ||
101 | + | SB2586 Enrolled - 3 - LRB103 32717 SPS 62470 b | |
198 | 102 | ||
199 | 103 | ||
200 | - | teledentistry by the dentist. A dentist providing | |
201 | - | teledentistry under this Section shall provide the patient | |
202 | - | with the his or her name, direct telephone number, and | |
203 | - | physical practice address. It is a violation of this Act for a | |
204 | - | provider of dental services rendering care through | |
205 | - | teledentistry to require a patient to sign an agreement that | |
206 | - | limits in any way the patient's ability to write a review of | |
207 | - | services received or file a complaint with the Department or | |
208 | - | other regulatory agency. The Department shall adopt rules to | |
209 | - | provide for the use of teledentistry in the State of Illinois. | |
210 | - | (c) A dentist may treat a patient of record to provide | |
211 | - | emergent care or conduct an initial consultation using | |
212 | - | teledentistry for the purpose of treating or assessing for | |
213 | - | acute pain, infection, injury, or any intraoral or perioral | |
214 | - | condition that presents immediate harm or discomfort to the | |
215 | - | patient for which treatment cannot be postponed. A provider of | |
216 | - | dental services rendering emergent care or conducting an | |
217 | - | initial consultation through teledentistry must direct the | |
218 | - | patient to receive appropriate in-person care after the | |
219 | - | provision of teledentistry services. | |
220 | - | (225 ILCS 25/18.1) | |
221 | - | (Section scheduled to be repealed on January 1, 2026) | |
222 | - | Sec. 18.1. Public health dental supervision | |
223 | - | responsibilities. | |
224 | - | (a) When working together in a public health supervision | |
104 | + | SB2586 Enrolled- 4 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 4 - LRB103 32717 SPS 62470 b | |
105 | + | SB2586 Enrolled - 4 - LRB103 32717 SPS 62470 b | |
106 | + | 1 periodontics, prosthodontics, oral and maxillofacial | |
107 | + | 2 radiology, and dental anesthesiology. | |
108 | + | 3 "Specialist" means a dentist who has received a specialty | |
109 | + | 4 license pursuant to Section 11(b). | |
110 | + | 5 "Dental technician" means a person who owns, operates, or | |
111 | + | 6 is employed by a dental laboratory and engages in making, | |
112 | + | 7 providing, repairing, or altering dental prosthetic appliances | |
113 | + | 8 and other artificial materials and devices which are returned | |
114 | + | 9 to a dentist for insertion into the human oral cavity or which | |
115 | + | 10 come in contact with its adjacent structures and tissues. | |
116 | + | 11 "Informed consent" means legally valid consent that is | |
117 | + | 12 given by a patient or legal guardian, that is recorded in | |
118 | + | 13 writing or digitally, that authorizes intervention or | |
119 | + | 14 treatment services from the treating dentist, and that | |
120 | + | 15 documents agreement to participate in those services and | |
121 | + | 16 knowledge of the risks, benefits, and alternatives, including | |
122 | + | 17 the decision to withdraw from or decline treatment. | |
123 | + | 18 "Impaired dentist" or "impaired dental hygienist" means a | |
124 | + | 19 dentist or dental hygienist who is unable to practice with | |
125 | + | 20 reasonable skill and safety because of a physical or mental | |
126 | + | 21 disability as evidenced by a written determination or written | |
127 | + | 22 consent based on clinical evidence, including deterioration | |
128 | + | 23 through the aging process, loss of motor skills, abuse of | |
129 | + | 24 drugs or alcohol, or a psychiatric disorder, of sufficient | |
130 | + | 25 degree to diminish the person's ability to deliver competent | |
131 | + | 26 patient care. | |
225 | 132 | ||
226 | 133 | ||
227 | - | relationship, dentists and public health dental hygienists | |
228 | - | shall enter into a public health supervision agreement. The | |
229 | - | dentist providing public health supervision must: | |
230 | - | (1) be available to provide an appropriate level of | |
231 | - | contact, communication, collaboration, and consultation | |
232 | - | with the public health dental hygienist and must meet | |
233 | - | in-person with the public health dental hygienist at least | |
234 | - | quarterly for review and consultation; | |
235 | - | (2) have specific standing orders or policy guidelines | |
236 | - | for procedures that are to be carried out for each | |
237 | - | location or program, although the dentist need not be | |
238 | - | present when the procedures are being performed; | |
239 | - | (3) provide for the patient's additional necessary | |
240 | - | care in consultation with the public health dental | |
241 | - | hygienist; | |
242 | - | (4) file agreements and notifications as required; and | |
243 | - | (5) include procedures for creating and maintaining | |
244 | - | dental records, including protocols for transmission of | |
245 | - | all records between the public health dental hygienist and | |
246 | - | the dentist following each treatment, which shall include | |
247 | - | a notation regarding procedures authorized by the dentist | |
248 | - | and performed by the public health dental hygienist and | |
249 | - | the location where those records are to be kept. | |
250 | - | Each dentist and hygienist who enters into a public health | |
251 | - | supervision agreement must document and maintain a copy of any | |
252 | - | change or termination of that agreement. | |
253 | 134 | ||
254 | 135 | ||
255 | - | Dental records shall be owned and maintained by the | |
256 | - | supervising dentist for all patients treated under public | |
257 | - | health supervision, unless the supervising dentist is an | |
258 | - | employee of a public health clinic or federally qualified | |
259 | - | health center, in which case the public health clinic or | |
260 | - | federally qualified health center shall maintain the records. | |
261 | - | If a dentist ceases to be employed or contracted by the | |
262 | - | facility, the dentist shall notify the facility administrator | |
263 | - | that the public health supervision agreement is no longer in | |
264 | - | effect. A new public health supervision agreement is required | |
265 | - | for the public health dental hygienist to continue treating | |
266 | - | patients under public health supervision. | |
267 | - | A dentist entering into an agreement under this Section | |
268 | - | may supervise and enter into agreements for public health | |
269 | - | supervision with 4 public health dental hygienists. This shall | |
270 | - | be in addition to the limit of 4 dental hygienists per dentist | |
271 | - | set forth in subsection (g) of Section 18 of this Act. | |
272 | - | (b) A public health dental hygienist providing services | |
273 | - | under public health supervision may perform only those duties | |
274 | - | within the accepted scope of practice of dental hygiene, as | |
275 | - | follows: | |
276 | - | (1) the operative procedures of dental hygiene, | |
277 | - | consisting of oral prophylactic procedures, including | |
278 | - | prophylactic cleanings, application of fluoride, and | |
279 | - | placement of sealants; | |
280 | - | (2) the exposure and processing of x-ray films of the | |
136 | + | ||
137 | + | SB2586 Enrolled - 4 - LRB103 32717 SPS 62470 b | |
281 | 138 | ||
282 | 139 | ||
283 | - | teeth and surrounding structures; and | |
284 | - | (3) such other procedures and acts as shall be | |
285 | - | prescribed by rule of the Department. | |
286 | - | Any patient treated under this subsection (b) must be | |
287 | - | examined by a dentist before additional services can be | |
288 | - | provided by a public health dental hygienist. However, if the | |
289 | - | supervising dentist, after consultation with the public health | |
290 | - | hygienist, determines that time is needed to complete an | |
291 | - | approved treatment plan on a patient eligible under this | |
292 | - | Section, then the dentist may instruct the hygienist to | |
293 | - | complete the remaining services prior to an oral examination | |
294 | - | by the dentist. Such instruction by the dentist to the | |
295 | - | hygienist shall be noted in the patient's records. Any | |
296 | - | services performed under this exception must be scheduled in a | |
297 | - | timely manner and shall not occur more than 30 days after the | |
298 | - | first appointment date. | |
299 | - | (c) A public health dental hygienist providing services | |
300 | - | under public health supervision must: | |
301 | - | (1) provide to the patient, parent, or guardian a | |
302 | - | written plan for referral or an agreement for follow-up | |
303 | - | that records all conditions observed that should be called | |
304 | - | to the attention of a dentist for proper diagnosis; | |
305 | - | (2) have each patient sign a permission slip or | |
306 | - | consent form that informs them that the service to be | |
307 | - | received does not take the place of regular dental | |
308 | - | checkups at a dental office and is meant for people who | |
140 | + | SB2586 Enrolled- 5 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 5 - LRB103 32717 SPS 62470 b | |
141 | + | SB2586 Enrolled - 5 - LRB103 32717 SPS 62470 b | |
142 | + | 1 "Nurse" means a registered professional nurse, a certified | |
143 | + | 2 registered nurse anesthetist licensed as an advanced practice | |
144 | + | 3 registered nurse, or a licensed practical nurse licensed under | |
145 | + | 4 the Nurse Practice Act. | |
146 | + | 5 "Patient of record", except as provided in Section 17.2, | |
147 | + | 6 means a patient for whom the patient's most recent dentist has | |
148 | + | 7 obtained a relevant medical and dental history and on whom the | |
149 | + | 8 dentist has performed a physical an examination within the | |
150 | + | 9 last year and evaluated the condition to be treated, including | |
151 | + | 10 a review of the patient's most recent x-rays. | |
152 | + | 11 "Dental responder" means a dentist or dental hygienist who | |
153 | + | 12 is appropriately certified in disaster preparedness, | |
154 | + | 13 immunizations, and dental humanitarian medical response | |
155 | + | 14 consistent with the Society of Disaster Medicine and Public | |
156 | + | 15 Health and training certified by the National Incident | |
157 | + | 16 Management System or the National Disaster Life Support | |
158 | + | 17 Foundation. | |
159 | + | 18 "Mobile dental van or portable dental unit" means any | |
160 | + | 19 self-contained or portable dental unit in which dentistry is | |
161 | + | 20 practiced that can be moved, towed, or transported from one | |
162 | + | 21 location to another in order to establish a location where | |
163 | + | 22 dental services can be provided. | |
164 | + | 23 "Public health dental hygienist" means a hygienist who | |
165 | + | 24 holds a valid license to practice in the State, has 2 years of | |
166 | + | 25 full-time clinical experience or an equivalent of 4,000 hours | |
167 | + | 26 of clinical experience, and has completed at least 42 clock | |
309 | 168 | ||
310 | 169 | ||
311 | - | otherwise would not have access to the service; | |
312 | - | (3) inform each patient who may require further dental | |
313 | - | services of that need; | |
314 | - | (4) maintain an appropriate level of contact and | |
315 | - | communication with the dentist providing public health | |
316 | - | supervision; and | |
317 | - | (5) complete an additional 4 hours of continuing | |
318 | - | education in areas specific to public health dentistry | |
319 | - | yearly. | |
320 | - | (d) Each public health dental hygienist who has rendered | |
321 | - | services under subsections (c), (d), and (e) of this Section | |
322 | - | must complete a summary report at the completion of a program | |
323 | - | or, in the case of an ongoing program, at least annually. The | |
324 | - | report must be completed in the manner specified by the | |
325 | - | Department of Public Health Oral Health Section including | |
326 | - | information about each location where the public health dental | |
327 | - | hygienist has rendered these services. The public health | |
328 | - | dental hygienist must submit the form to the dentist providing | |
329 | - | supervision for his or her signature before sending it to the | |
330 | - | Division. The Department of Public Health Oral Health Section | |
331 | - | shall compile and publicize public health dental hygienist | |
332 | - | service data annually. | |
333 | - | (e) Public health dental hygienists providing services | |
334 | - | under public health supervision may be compensated for their | |
335 | - | work by salary, honoraria, and other mechanisms by the | |
336 | - | employing or sponsoring entity. Nothing in this Act shall | |
337 | 170 | ||
338 | 171 | ||
339 | - | preclude the entity that employs or sponsors a public health | |
340 | - | dental hygienist from seeking payment, reimbursement, or other | |
341 | - | source of funding for the services provided. | |
342 | - | (e-5) A patient who is provided services under a | |
343 | - | supervision agreement by a public health dental hygienist as | |
344 | - | described in this Section does not need to receive a physical | |
345 | - | examination from a dentist prior to treatment if the public | |
346 | - | health dental hygienist consults with the supervising dentist | |
347 | - | prior to performing the teledentistry service. | |
348 | - | (f) This Section is repealed on January 1, 2026. | |
349 | - | (Source: P.A. 103-431, eff. 1-1-24.) | |
350 | - | (225 ILCS 25/23) (from Ch. 111, par. 2323) | |
351 | - | (Section scheduled to be repealed on January 1, 2026) | |
352 | - | Sec. 23. Refusal, revocation or suspension of dental | |
353 | - | licenses. The Department may refuse to issue or renew, or may | |
354 | - | revoke, suspend, place on probation, reprimand or take other | |
355 | - | disciplinary or non-disciplinary action as the Department may | |
356 | - | deem proper, including imposing fines not to exceed $10,000 | |
357 | - | per violation, with regard to any license for any one or any | |
358 | - | combination of the following causes: | |
359 | - | 1. Fraud or misrepresentation in applying for or | |
360 | - | procuring a license under this Act, or in connection with | |
361 | - | applying for renewal of a license under this Act. | |
362 | - | 2. Inability to practice with reasonable judgment, | |
363 | - | skill, or safety as a result of habitual or excessive use | |
172 | + | ||
173 | + | SB2586 Enrolled - 5 - LRB103 32717 SPS 62470 b | |
364 | 174 | ||
365 | 175 | ||
366 | - | or addiction to alcohol, narcotics, stimulants, or any | |
367 | - | other chemical agent or drug. | |
368 | - | 3. Willful or repeated violations of the rules of the | |
369 | - | Department of Public Health or Department of Nuclear | |
370 | - | Safety. | |
371 | - | 4. Acceptance of a fee for service as a witness, | |
372 | - | without the knowledge of the court, in addition to the fee | |
373 | - | allowed by the court. | |
374 | - | 5. Division of fees or agreeing to split or divide the | |
375 | - | fees received for dental services with any person for | |
376 | - | bringing or referring a patient, except in regard to | |
377 | - | referral services as provided for under Section 45, or | |
378 | - | assisting in the care or treatment of a patient, without | |
379 | - | the knowledge of the patient or his or her legal | |
380 | - | representative. Nothing in this item 5 affects any bona | |
381 | - | fide independent contractor or employment arrangements | |
382 | - | among health care professionals, health facilities, health | |
383 | - | care providers, or other entities, except as otherwise | |
384 | - | prohibited by law. Any employment arrangements may include | |
385 | - | provisions for compensation, health insurance, pension, or | |
386 | - | other employment benefits for the provision of services | |
387 | - | within the scope of the licensee's practice under this | |
388 | - | Act. Nothing in this item 5 shall be construed to require | |
389 | - | an employment arrangement to receive professional fees for | |
390 | - | services rendered. | |
391 | - | 6. Employing, procuring, inducing, aiding or abetting | |
176 | + | SB2586 Enrolled- 6 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 6 - LRB103 32717 SPS 62470 b | |
177 | + | SB2586 Enrolled - 6 - LRB103 32717 SPS 62470 b | |
178 | + | 1 hours of additional structured courses in dental education in | |
179 | + | 2 advanced areas specific to public health dentistry. | |
180 | + | 3 "Public health setting" means a federally qualified health | |
181 | + | 4 center; a federal, State, or local public health facility; | |
182 | + | 5 Head Start; a special supplemental nutrition program for | |
183 | + | 6 Women, Infants, and Children (WIC) facility; a certified | |
184 | + | 7 school-based health center or school-based oral health | |
185 | + | 8 program; a prison; or a long-term care facility. | |
186 | + | 9 "Public health supervision" means the supervision of a | |
187 | + | 10 public health dental hygienist by a licensed dentist who has a | |
188 | + | 11 written public health supervision agreement with that public | |
189 | + | 12 health dental hygienist while working in an approved facility | |
190 | + | 13 or program that allows the public health dental hygienist to | |
191 | + | 14 treat patients, without a dentist first examining the patient | |
192 | + | 15 and being present in the facility during treatment, (1) who | |
193 | + | 16 are eligible for Medicaid or (2) who are uninsured or whose | |
194 | + | 17 household income is not greater than 300% of the federal | |
195 | + | 18 poverty level. | |
196 | + | 19 "Teledentistry" means the use of telehealth systems and | |
197 | + | 20 methodologies in dentistry and includes patient diagnosis, | |
198 | + | 21 treatment planning, care, and education delivery for a patient | |
199 | + | 22 of record using synchronous and asynchronous communications | |
200 | + | 23 under an Illinois licensed a dentist's authority as provided | |
201 | + | 24 under this Act. | |
202 | + | 25 (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | |
203 | + | 26 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | |
392 | 204 | ||
393 | 205 | ||
394 | - | a person not licensed or registered as a dentist or dental | |
395 | - | hygienist to engage in the practice of dentistry or dental | |
396 | - | hygiene. The person practiced upon is not an accomplice, | |
397 | - | employer, procurer, inducer, aider, or abetter within the | |
398 | - | meaning of this Act. | |
399 | - | 7. Making any misrepresentations or false promises, | |
400 | - | directly or indirectly, to influence, persuade or induce | |
401 | - | dental patronage. | |
402 | - | 8. Professional connection or association with or | |
403 | - | lending his or her name to another for the illegal | |
404 | - | practice of dentistry by another, or professional | |
405 | - | connection or association with any person, firm or | |
406 | - | corporation holding himself, herself, themselves, or | |
407 | - | itself out in any manner contrary to this Act. | |
408 | - | 9. Obtaining or seeking to obtain practice, money, or | |
409 | - | any other things of value by false or fraudulent | |
410 | - | representations, but not limited to, engaging in such | |
411 | - | fraudulent practice to defraud the medical assistance | |
412 | - | program of the Department of Healthcare and Family | |
413 | - | Services (formerly Department of Public Aid) under the | |
414 | - | Illinois Public Aid Code. | |
415 | - | 10. Practicing under a false or, except as provided by | |
416 | - | law, an assumed name. | |
417 | - | 11. Engaging in dishonorable, unethical, or | |
418 | - | unprofessional conduct of a character likely to deceive, | |
419 | - | defraud, or harm the public. | |
420 | 206 | ||
421 | 207 | ||
422 | - | 12. Conviction by plea of guilty or nolo contendere, | |
423 | - | finding of guilt, jury verdict, or entry of judgment or by | |
424 | - | sentencing for any crime, including, but not limited to, | |
425 | - | convictions, preceding sentences of supervision, | |
426 | - | conditional discharge, or first offender probation, under | |
427 | - | the laws of any jurisdiction of the United States that (i) | |
428 | - | is a felony under the laws of this State or (ii) is a | |
429 | - | misdemeanor, an essential element of which is dishonesty, | |
430 | - | or that is directly related to the practice of dentistry. | |
431 | - | 13. Permitting a dental hygienist, dental assistant or | |
432 | - | other person under his or her supervision to perform any | |
433 | - | operation not authorized by this Act. | |
434 | - | 14. Permitting more than 4 dental hygienists to be | |
435 | - | employed under his or her supervision at any one time. | |
436 | - | 15. A violation of any provision of this Act or any | |
437 | - | rules promulgated under this Act. | |
438 | - | 16. Taking impressions for or using the services of | |
439 | - | any person, firm or corporation violating this Act. | |
440 | - | 17. Violating any provision of Section 45 relating to | |
441 | - | advertising. | |
442 | - | 18. Discipline by another U.S. jurisdiction or foreign | |
443 | - | nation, if at least one of the grounds for the discipline | |
444 | - | is the same or substantially equivalent to those set forth | |
445 | - | within this Act. | |
446 | - | 19. Willfully failing to report an instance of | |
447 | - | suspected child abuse or neglect as required by the Abused | |
208 | + | ||
209 | + | SB2586 Enrolled - 6 - LRB103 32717 SPS 62470 b | |
448 | 210 | ||
449 | 211 | ||
450 | - | and Neglected Child Reporting Act. | |
451 | - | 20. Gross negligence in practice under this Act. | |
452 | - | 21. The use or prescription for use of narcotics or | |
453 | - | controlled substances or designated products as listed in | |
454 | - | the Illinois Controlled Substances Act, in any way other | |
455 | - | than for therapeutic purposes. | |
456 | - | 22. Willfully making or filing false records or | |
457 | - | reports in his or her practice as a dentist, including, | |
458 | - | but not limited to, false records to support claims | |
459 | - | against the dental assistance program of the Department of | |
460 | - | Healthcare and Family Services (formerly Illinois | |
461 | - | Department of Public Aid). | |
462 | - | 23. Professional incompetence as manifested by poor | |
463 | - | standards of care. | |
464 | - | 24. Physical or mental illness, including, but not | |
465 | - | limited to, deterioration through the aging process, or | |
466 | - | loss of motor skills which results in a dentist's | |
467 | - | inability to practice dentistry with reasonable judgment, | |
468 | - | skill or safety. In enforcing this paragraph, the | |
469 | - | Department may compel a person licensed to practice under | |
470 | - | this Act to submit to a mental or physical examination | |
471 | - | pursuant to the terms and conditions of Section 23b. | |
472 | - | 25. Gross or repeated irregularities in billing for | |
473 | - | services rendered to a patient. For purposes of this | |
474 | - | paragraph 25, "irregularities in billing" shall include: | |
475 | - | (a) Reporting excessive charges for the purpose of | |
212 | + | SB2586 Enrolled- 7 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 7 - LRB103 32717 SPS 62470 b | |
213 | + | SB2586 Enrolled - 7 - LRB103 32717 SPS 62470 b | |
214 | + | 1 1-1-24; revised 12-15-23.) | |
215 | + | 2 (225 ILCS 25/17.2 new) | |
216 | + | 3 Sec. 17.2. Teledentistry. | |
217 | + | 4 (a) As used in this Section, "patient of record" means a | |
218 | + | 5 patient for whom the patient's most recent Illinois-licensed | |
219 | + | 6 dentist has obtained a relevant medical and dental history and | |
220 | + | 7 on whom the dentist has (i) performed a physical examination | |
221 | + | 8 within the last year; (ii) obtained relevant records that are | |
222 | + | 9 appropriate for the type of teledentistry service being | |
223 | + | 10 provided from an in-person examination within the previous 12 | |
224 | + | 11 months, including a review of the patient's most recent | |
225 | + | 12 x-rays; or (iii) established a relationship with the patient | |
226 | + | 13 through an exchange of protected health information for the | |
227 | + | 14 purpose of providing emergency care, treatment, or services in | |
228 | + | 15 accordance with subsection (c). | |
229 | + | 16 (b) A dentist may only practice or utilize teledentistry | |
230 | + | 17 on a patient of record. A dentist practicing dentistry through | |
231 | + | 18 teledentistry is subject to the same standard of care and | |
232 | + | 19 practice standards that are applicable to dental services | |
233 | + | 20 provided in a clinic or office setting. A dentist may provide | |
234 | + | 21 and delegate dental services using teledentistry only under | |
235 | + | 22 the supervision requirements as specified in this Act for | |
236 | + | 23 in-person care. Prior to providing teledentistry services to a | |
237 | + | 24 patient, a dentist must obtain informed consent from the | |
238 | + | 25 patient as to the treatment proposed to be offered through | |
476 | 239 | ||
477 | 240 | ||
478 | - | obtaining a total payment in excess of that usually | |
479 | - | received by the dentist for the services rendered. | |
480 | - | (b) Reporting charges for services not rendered. | |
481 | - | (c) Incorrectly reporting services rendered for | |
482 | - | the purpose of obtaining payment not earned. | |
483 | - | 26. Continuing the active practice of dentistry while | |
484 | - | knowingly having any infectious, communicable, or | |
485 | - | contagious disease proscribed by rule or regulation of the | |
486 | - | Department. | |
487 | - | 27. Being named as a perpetrator in an indicated | |
488 | - | report by the Department of Children and Family Services | |
489 | - | pursuant to the Abused and Neglected Child Reporting Act, | |
490 | - | and upon proof by clear and convincing evidence that the | |
491 | - | licensee has caused a child to be an abused child or | |
492 | - | neglected child as defined in the Abused and Neglected | |
493 | - | Child Reporting Act. | |
494 | - | 28. Violating the Health Care Worker Self-Referral | |
495 | - | Act. | |
496 | - | 29. Abandonment of a patient. | |
497 | - | 30. Mental incompetency as declared by a court of | |
498 | - | competent jurisdiction. | |
499 | - | 31. A finding by the Department that the licensee, | |
500 | - | after having his or her license placed on probationary | |
501 | - | status, has violated the terms of probation. | |
502 | - | 32. Material misstatement in furnishing information to | |
503 | - | the Department. | |
504 | 241 | ||
505 | 242 | ||
506 | - | 33. Failing, within 60 days, to provide information in | |
507 | - | response to a written request by the Department in the | |
508 | - | course of an investigation. | |
509 | - | 34. Immoral conduct in the commission of any act, | |
510 | - | including, but not limited to, commission of an act of | |
511 | - | sexual misconduct related to the licensee's practice. | |
512 | - | 35. Cheating on or attempting to subvert the licensing | |
513 | - | examination administered under this Act. | |
514 | - | 36. A pattern of practice or other behavior that | |
515 | - | demonstrates incapacity or incompetence to practice under | |
516 | - | this Act. | |
517 | - | 37. Failure to establish and maintain records of | |
518 | - | patient care and treatment as required under this Act. | |
519 | - | 38. Failure to provide copies of dental records as | |
520 | - | required by law. | |
521 | - | 39. Failure of a licensed dentist who owns or is | |
522 | - | employed at a dental office to give notice of an office | |
523 | - | closure to his or her patients at least 30 days prior to | |
524 | - | the office closure pursuant to Section 50.1. | |
525 | - | 40. Failure to maintain a sanitary work environment. | |
526 | - | 41. Failure to comply with the provisions of Section | |
527 | - | 17.2 of this Act. | |
528 | - | All proceedings to suspend, revoke, place on probationary | |
529 | - | status, or take any other disciplinary action as the | |
530 | - | Department may deem proper, with regard to a license on any of | |
531 | - | the foregoing grounds, must be commenced within 5 years after | |
243 | + | ||
244 | + | SB2586 Enrolled - 7 - LRB103 32717 SPS 62470 b | |
532 | 245 | ||
533 | 246 | ||
534 | - | receipt by the Department of a complaint alleging the | |
535 | - | commission of or notice of the conviction order for any of the | |
536 | - | acts described herein. Except for fraud in procuring a | |
537 | - | license, no action shall be commenced more than 7 years after | |
538 | - | the date of the incident or act alleged to have violated this | |
539 | - | Section. The time during which the holder of the license was | |
540 | - | outside the State of Illinois shall not be included within any | |
541 | - | period of time limiting the commencement of disciplinary | |
542 | - | action by the Department. | |
543 | - | All fines imposed under this Section shall be paid within | |
544 | - | 60 days after the effective date of the order imposing the fine | |
545 | - | or in accordance with the terms set forth in the order imposing | |
546 | - | the fine. | |
547 | - | The Department may refuse to issue or may suspend the | |
548 | - | license of any person who fails to file a return, or to pay the | |
549 | - | tax, penalty or interest shown in a filed return, or to pay any | |
550 | - | final assessment of tax, penalty or interest, as required by | |
551 | - | any tax Act administered by the Illinois Department of | |
552 | - | Revenue, until such time as the requirements of any such tax | |
553 | - | Act are satisfied. | |
554 | - | Any dentist who has had his or her license suspended or | |
555 | - | revoked for more than 5 years must comply with the | |
556 | - | requirements for restoration set forth in Section 16 prior to | |
557 | - | being eligible for reinstatement from the suspension or | |
558 | - | revocation. | |
559 | - | (Source: P.A. 103-425, eff. 1-1-24.) | |
247 | + | SB2586 Enrolled- 8 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 8 - LRB103 32717 SPS 62470 b | |
248 | + | SB2586 Enrolled - 8 - LRB103 32717 SPS 62470 b | |
249 | + | 1 teledentistry by the dentist. A dentist providing | |
250 | + | 2 teledentistry under this Section shall provide the patient | |
251 | + | 3 with the his or her name, direct telephone number, and | |
252 | + | 4 physical practice address. It is a violation of this Act for a | |
253 | + | 5 provider of dental services rendering care through | |
254 | + | 6 teledentistry to require a patient to sign an agreement that | |
255 | + | 7 limits in any way the patient's ability to write a review of | |
256 | + | 8 services received or file a complaint with the Department or | |
257 | + | 9 other regulatory agency. The Department shall adopt rules to | |
258 | + | 10 provide for the use of teledentistry in the State of Illinois. | |
259 | + | 11 (c) A dentist may treat a patient of record to provide | |
260 | + | 12 emergent care or conduct an initial consultation using | |
261 | + | 13 teledentistry for the purpose of treating or assessing for | |
262 | + | 14 acute pain, infection, injury, or any intraoral or perioral | |
263 | + | 15 condition that presents immediate harm or discomfort to the | |
264 | + | 16 patient for which treatment cannot be postponed. A provider of | |
265 | + | 17 dental services rendering emergent care or conducting an | |
266 | + | 18 initial consultation through teledentistry must direct the | |
267 | + | 19 patient to receive appropriate in-person care after the | |
268 | + | 20 provision of teledentistry services. | |
269 | + | 21 (225 ILCS 25/18.1) | |
270 | + | 22 (Section scheduled to be repealed on January 1, 2026) | |
271 | + | 23 Sec. 18.1. Public health dental supervision | |
272 | + | 24 responsibilities. | |
273 | + | 25 (a) When working together in a public health supervision | |
560 | 274 | ||
561 | 275 | ||
562 | - | Section 10. The Consumer Fraud and Deceptive Business | |
563 | - | Practices Act is amended by adding Section 2EEEE as follows: | |
564 | - | (815 ILCS 505/2EEEE new) | |
565 | - | Sec. 2EEEE. Violations concerning teledentistry under the | |
566 | - | Illinois Dental Practice Act. Any person who violates Section | |
567 | - | 17.2 of the Illinois Dental Practice Act commits an unlawful | |
568 | - | practice within the meaning of this Act. | |
276 | + | ||
277 | + | ||
278 | + | ||
279 | + | SB2586 Enrolled - 8 - LRB103 32717 SPS 62470 b | |
280 | + | ||
281 | + | ||
282 | + | SB2586 Enrolled- 9 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 9 - LRB103 32717 SPS 62470 b | |
283 | + | SB2586 Enrolled - 9 - LRB103 32717 SPS 62470 b | |
284 | + | 1 relationship, dentists and public health dental hygienists | |
285 | + | 2 shall enter into a public health supervision agreement. The | |
286 | + | 3 dentist providing public health supervision must: | |
287 | + | 4 (1) be available to provide an appropriate level of | |
288 | + | 5 contact, communication, collaboration, and consultation | |
289 | + | 6 with the public health dental hygienist and must meet | |
290 | + | 7 in-person with the public health dental hygienist at least | |
291 | + | 8 quarterly for review and consultation; | |
292 | + | 9 (2) have specific standing orders or policy guidelines | |
293 | + | 10 for procedures that are to be carried out for each | |
294 | + | 11 location or program, although the dentist need not be | |
295 | + | 12 present when the procedures are being performed; | |
296 | + | 13 (3) provide for the patient's additional necessary | |
297 | + | 14 care in consultation with the public health dental | |
298 | + | 15 hygienist; | |
299 | + | 16 (4) file agreements and notifications as required; and | |
300 | + | 17 (5) include procedures for creating and maintaining | |
301 | + | 18 dental records, including protocols for transmission of | |
302 | + | 19 all records between the public health dental hygienist and | |
303 | + | 20 the dentist following each treatment, which shall include | |
304 | + | 21 a notation regarding procedures authorized by the dentist | |
305 | + | 22 and performed by the public health dental hygienist and | |
306 | + | 23 the location where those records are to be kept. | |
307 | + | 24 Each dentist and hygienist who enters into a public health | |
308 | + | 25 supervision agreement must document and maintain a copy of any | |
309 | + | 26 change or termination of that agreement. | |
310 | + | ||
311 | + | ||
312 | + | ||
313 | + | ||
314 | + | ||
315 | + | SB2586 Enrolled - 9 - LRB103 32717 SPS 62470 b | |
316 | + | ||
317 | + | ||
318 | + | SB2586 Enrolled- 10 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 10 - LRB103 32717 SPS 62470 b | |
319 | + | SB2586 Enrolled - 10 - LRB103 32717 SPS 62470 b | |
320 | + | 1 Dental records shall be owned and maintained by the | |
321 | + | 2 supervising dentist for all patients treated under public | |
322 | + | 3 health supervision, unless the supervising dentist is an | |
323 | + | 4 employee of a public health clinic or federally qualified | |
324 | + | 5 health center, in which case the public health clinic or | |
325 | + | 6 federally qualified health center shall maintain the records. | |
326 | + | 7 If a dentist ceases to be employed or contracted by the | |
327 | + | 8 facility, the dentist shall notify the facility administrator | |
328 | + | 9 that the public health supervision agreement is no longer in | |
329 | + | 10 effect. A new public health supervision agreement is required | |
330 | + | 11 for the public health dental hygienist to continue treating | |
331 | + | 12 patients under public health supervision. | |
332 | + | 13 A dentist entering into an agreement under this Section | |
333 | + | 14 may supervise and enter into agreements for public health | |
334 | + | 15 supervision with 4 public health dental hygienists. This shall | |
335 | + | 16 be in addition to the limit of 4 dental hygienists per dentist | |
336 | + | 17 set forth in subsection (g) of Section 18 of this Act. | |
337 | + | 18 (b) A public health dental hygienist providing services | |
338 | + | 19 under public health supervision may perform only those duties | |
339 | + | 20 within the accepted scope of practice of dental hygiene, as | |
340 | + | 21 follows: | |
341 | + | 22 (1) the operative procedures of dental hygiene, | |
342 | + | 23 consisting of oral prophylactic procedures, including | |
343 | + | 24 prophylactic cleanings, application of fluoride, and | |
344 | + | 25 placement of sealants; | |
345 | + | 26 (2) the exposure and processing of x-ray films of the | |
346 | + | ||
347 | + | ||
348 | + | ||
349 | + | ||
350 | + | ||
351 | + | SB2586 Enrolled - 10 - LRB103 32717 SPS 62470 b | |
352 | + | ||
353 | + | ||
354 | + | SB2586 Enrolled- 11 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 11 - LRB103 32717 SPS 62470 b | |
355 | + | SB2586 Enrolled - 11 - LRB103 32717 SPS 62470 b | |
356 | + | 1 teeth and surrounding structures; and | |
357 | + | 2 (3) such other procedures and acts as shall be | |
358 | + | 3 prescribed by rule of the Department. | |
359 | + | 4 Any patient treated under this subsection (b) must be | |
360 | + | 5 examined by a dentist before additional services can be | |
361 | + | 6 provided by a public health dental hygienist. However, if the | |
362 | + | 7 supervising dentist, after consultation with the public health | |
363 | + | 8 hygienist, determines that time is needed to complete an | |
364 | + | 9 approved treatment plan on a patient eligible under this | |
365 | + | 10 Section, then the dentist may instruct the hygienist to | |
366 | + | 11 complete the remaining services prior to an oral examination | |
367 | + | 12 by the dentist. Such instruction by the dentist to the | |
368 | + | 13 hygienist shall be noted in the patient's records. Any | |
369 | + | 14 services performed under this exception must be scheduled in a | |
370 | + | 15 timely manner and shall not occur more than 30 days after the | |
371 | + | 16 first appointment date. | |
372 | + | 17 (c) A public health dental hygienist providing services | |
373 | + | 18 under public health supervision must: | |
374 | + | 19 (1) provide to the patient, parent, or guardian a | |
375 | + | 20 written plan for referral or an agreement for follow-up | |
376 | + | 21 that records all conditions observed that should be called | |
377 | + | 22 to the attention of a dentist for proper diagnosis; | |
378 | + | 23 (2) have each patient sign a permission slip or | |
379 | + | 24 consent form that informs them that the service to be | |
380 | + | 25 received does not take the place of regular dental | |
381 | + | 26 checkups at a dental office and is meant for people who | |
382 | + | ||
383 | + | ||
384 | + | ||
385 | + | ||
386 | + | ||
387 | + | SB2586 Enrolled - 11 - LRB103 32717 SPS 62470 b | |
388 | + | ||
389 | + | ||
390 | + | SB2586 Enrolled- 12 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 12 - LRB103 32717 SPS 62470 b | |
391 | + | SB2586 Enrolled - 12 - LRB103 32717 SPS 62470 b | |
392 | + | 1 otherwise would not have access to the service; | |
393 | + | 2 (3) inform each patient who may require further dental | |
394 | + | 3 services of that need; | |
395 | + | 4 (4) maintain an appropriate level of contact and | |
396 | + | 5 communication with the dentist providing public health | |
397 | + | 6 supervision; and | |
398 | + | 7 (5) complete an additional 4 hours of continuing | |
399 | + | 8 education in areas specific to public health dentistry | |
400 | + | 9 yearly. | |
401 | + | 10 (d) Each public health dental hygienist who has rendered | |
402 | + | 11 services under subsections (c), (d), and (e) of this Section | |
403 | + | 12 must complete a summary report at the completion of a program | |
404 | + | 13 or, in the case of an ongoing program, at least annually. The | |
405 | + | 14 report must be completed in the manner specified by the | |
406 | + | 15 Department of Public Health Oral Health Section including | |
407 | + | 16 information about each location where the public health dental | |
408 | + | 17 hygienist has rendered these services. The public health | |
409 | + | 18 dental hygienist must submit the form to the dentist providing | |
410 | + | 19 supervision for his or her signature before sending it to the | |
411 | + | 20 Division. The Department of Public Health Oral Health Section | |
412 | + | 21 shall compile and publicize public health dental hygienist | |
413 | + | 22 service data annually. | |
414 | + | 23 (e) Public health dental hygienists providing services | |
415 | + | 24 under public health supervision may be compensated for their | |
416 | + | 25 work by salary, honoraria, and other mechanisms by the | |
417 | + | 26 employing or sponsoring entity. Nothing in this Act shall | |
418 | + | ||
419 | + | ||
420 | + | ||
421 | + | ||
422 | + | ||
423 | + | SB2586 Enrolled - 12 - LRB103 32717 SPS 62470 b | |
424 | + | ||
425 | + | ||
426 | + | SB2586 Enrolled- 13 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 13 - LRB103 32717 SPS 62470 b | |
427 | + | SB2586 Enrolled - 13 - LRB103 32717 SPS 62470 b | |
428 | + | 1 preclude the entity that employs or sponsors a public health | |
429 | + | 2 dental hygienist from seeking payment, reimbursement, or other | |
430 | + | 3 source of funding for the services provided. | |
431 | + | 4 (e-5) A patient who is provided services under a | |
432 | + | 5 supervision agreement by a public health dental hygienist as | |
433 | + | 6 described in this Section does not need to receive a physical | |
434 | + | 7 examination from a dentist prior to treatment if the public | |
435 | + | 8 health dental hygienist consults with the supervising dentist | |
436 | + | 9 prior to performing the teledentistry service. | |
437 | + | 10 (f) This Section is repealed on January 1, 2026. | |
438 | + | 11 (Source: P.A. 103-431, eff. 1-1-24.) | |
439 | + | 12 (225 ILCS 25/23) (from Ch. 111, par. 2323) | |
440 | + | 13 (Section scheduled to be repealed on January 1, 2026) | |
441 | + | 14 Sec. 23. Refusal, revocation or suspension of dental | |
442 | + | 15 licenses. The Department may refuse to issue or renew, or may | |
443 | + | 16 revoke, suspend, place on probation, reprimand or take other | |
444 | + | 17 disciplinary or non-disciplinary action as the Department may | |
445 | + | 18 deem proper, including imposing fines not to exceed $10,000 | |
446 | + | 19 per violation, with regard to any license for any one or any | |
447 | + | 20 combination of the following causes: | |
448 | + | 21 1. Fraud or misrepresentation in applying for or | |
449 | + | 22 procuring a license under this Act, or in connection with | |
450 | + | 23 applying for renewal of a license under this Act. | |
451 | + | 24 2. Inability to practice with reasonable judgment, | |
452 | + | 25 skill, or safety as a result of habitual or excessive use | |
453 | + | ||
454 | + | ||
455 | + | ||
456 | + | ||
457 | + | ||
458 | + | SB2586 Enrolled - 13 - LRB103 32717 SPS 62470 b | |
459 | + | ||
460 | + | ||
461 | + | SB2586 Enrolled- 14 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 14 - LRB103 32717 SPS 62470 b | |
462 | + | SB2586 Enrolled - 14 - LRB103 32717 SPS 62470 b | |
463 | + | 1 or addiction to alcohol, narcotics, stimulants, or any | |
464 | + | 2 other chemical agent or drug. | |
465 | + | 3 3. Willful or repeated violations of the rules of the | |
466 | + | 4 Department of Public Health or Department of Nuclear | |
467 | + | 5 Safety. | |
468 | + | 6 4. Acceptance of a fee for service as a witness, | |
469 | + | 7 without the knowledge of the court, in addition to the fee | |
470 | + | 8 allowed by the court. | |
471 | + | 9 5. Division of fees or agreeing to split or divide the | |
472 | + | 10 fees received for dental services with any person for | |
473 | + | 11 bringing or referring a patient, except in regard to | |
474 | + | 12 referral services as provided for under Section 45, or | |
475 | + | 13 assisting in the care or treatment of a patient, without | |
476 | + | 14 the knowledge of the patient or his or her legal | |
477 | + | 15 representative. Nothing in this item 5 affects any bona | |
478 | + | 16 fide independent contractor or employment arrangements | |
479 | + | 17 among health care professionals, health facilities, health | |
480 | + | 18 care providers, or other entities, except as otherwise | |
481 | + | 19 prohibited by law. Any employment arrangements may include | |
482 | + | 20 provisions for compensation, health insurance, pension, or | |
483 | + | 21 other employment benefits for the provision of services | |
484 | + | 22 within the scope of the licensee's practice under this | |
485 | + | 23 Act. Nothing in this item 5 shall be construed to require | |
486 | + | 24 an employment arrangement to receive professional fees for | |
487 | + | 25 services rendered. | |
488 | + | 26 6. Employing, procuring, inducing, aiding or abetting | |
489 | + | ||
490 | + | ||
491 | + | ||
492 | + | ||
493 | + | ||
494 | + | SB2586 Enrolled - 14 - LRB103 32717 SPS 62470 b | |
495 | + | ||
496 | + | ||
497 | + | SB2586 Enrolled- 15 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 15 - LRB103 32717 SPS 62470 b | |
498 | + | SB2586 Enrolled - 15 - LRB103 32717 SPS 62470 b | |
499 | + | 1 a person not licensed or registered as a dentist or dental | |
500 | + | 2 hygienist to engage in the practice of dentistry or dental | |
501 | + | 3 hygiene. The person practiced upon is not an accomplice, | |
502 | + | 4 employer, procurer, inducer, aider, or abetter within the | |
503 | + | 5 meaning of this Act. | |
504 | + | 6 7. Making any misrepresentations or false promises, | |
505 | + | 7 directly or indirectly, to influence, persuade or induce | |
506 | + | 8 dental patronage. | |
507 | + | 9 8. Professional connection or association with or | |
508 | + | 10 lending his or her name to another for the illegal | |
509 | + | 11 practice of dentistry by another, or professional | |
510 | + | 12 connection or association with any person, firm or | |
511 | + | 13 corporation holding himself, herself, themselves, or | |
512 | + | 14 itself out in any manner contrary to this Act. | |
513 | + | 15 9. Obtaining or seeking to obtain practice, money, or | |
514 | + | 16 any other things of value by false or fraudulent | |
515 | + | 17 representations, but not limited to, engaging in such | |
516 | + | 18 fraudulent practice to defraud the medical assistance | |
517 | + | 19 program of the Department of Healthcare and Family | |
518 | + | 20 Services (formerly Department of Public Aid) under the | |
519 | + | 21 Illinois Public Aid Code. | |
520 | + | 22 10. Practicing under a false or, except as provided by | |
521 | + | 23 law, an assumed name. | |
522 | + | 24 11. Engaging in dishonorable, unethical, or | |
523 | + | 25 unprofessional conduct of a character likely to deceive, | |
524 | + | 26 defraud, or harm the public. | |
525 | + | ||
526 | + | ||
527 | + | ||
528 | + | ||
529 | + | ||
530 | + | SB2586 Enrolled - 15 - LRB103 32717 SPS 62470 b | |
531 | + | ||
532 | + | ||
533 | + | SB2586 Enrolled- 16 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 16 - LRB103 32717 SPS 62470 b | |
534 | + | SB2586 Enrolled - 16 - LRB103 32717 SPS 62470 b | |
535 | + | 1 12. Conviction by plea of guilty or nolo contendere, | |
536 | + | 2 finding of guilt, jury verdict, or entry of judgment or by | |
537 | + | 3 sentencing for any crime, including, but not limited to, | |
538 | + | 4 convictions, preceding sentences of supervision, | |
539 | + | 5 conditional discharge, or first offender probation, under | |
540 | + | 6 the laws of any jurisdiction of the United States that (i) | |
541 | + | 7 is a felony under the laws of this State or (ii) is a | |
542 | + | 8 misdemeanor, an essential element of which is dishonesty, | |
543 | + | 9 or that is directly related to the practice of dentistry. | |
544 | + | 10 13. Permitting a dental hygienist, dental assistant or | |
545 | + | 11 other person under his or her supervision to perform any | |
546 | + | 12 operation not authorized by this Act. | |
547 | + | 13 14. Permitting more than 4 dental hygienists to be | |
548 | + | 14 employed under his or her supervision at any one time. | |
549 | + | 15 15. A violation of any provision of this Act or any | |
550 | + | 16 rules promulgated under this Act. | |
551 | + | 17 16. Taking impressions for or using the services of | |
552 | + | 18 any person, firm or corporation violating this Act. | |
553 | + | 19 17. Violating any provision of Section 45 relating to | |
554 | + | 20 advertising. | |
555 | + | 21 18. Discipline by another U.S. jurisdiction or foreign | |
556 | + | 22 nation, if at least one of the grounds for the discipline | |
557 | + | 23 is the same or substantially equivalent to those set forth | |
558 | + | 24 within this Act. | |
559 | + | 25 19. Willfully failing to report an instance of | |
560 | + | 26 suspected child abuse or neglect as required by the Abused | |
561 | + | ||
562 | + | ||
563 | + | ||
564 | + | ||
565 | + | ||
566 | + | SB2586 Enrolled - 16 - LRB103 32717 SPS 62470 b | |
567 | + | ||
568 | + | ||
569 | + | SB2586 Enrolled- 17 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 17 - LRB103 32717 SPS 62470 b | |
570 | + | SB2586 Enrolled - 17 - LRB103 32717 SPS 62470 b | |
571 | + | 1 and Neglected Child Reporting Act. | |
572 | + | 2 20. Gross negligence in practice under this Act. | |
573 | + | 3 21. The use or prescription for use of narcotics or | |
574 | + | 4 controlled substances or designated products as listed in | |
575 | + | 5 the Illinois Controlled Substances Act, in any way other | |
576 | + | 6 than for therapeutic purposes. | |
577 | + | 7 22. Willfully making or filing false records or | |
578 | + | 8 reports in his or her practice as a dentist, including, | |
579 | + | 9 but not limited to, false records to support claims | |
580 | + | 10 against the dental assistance program of the Department of | |
581 | + | 11 Healthcare and Family Services (formerly Illinois | |
582 | + | 12 Department of Public Aid). | |
583 | + | 13 23. Professional incompetence as manifested by poor | |
584 | + | 14 standards of care. | |
585 | + | 15 24. Physical or mental illness, including, but not | |
586 | + | 16 limited to, deterioration through the aging process, or | |
587 | + | 17 loss of motor skills which results in a dentist's | |
588 | + | 18 inability to practice dentistry with reasonable judgment, | |
589 | + | 19 skill or safety. In enforcing this paragraph, the | |
590 | + | 20 Department may compel a person licensed to practice under | |
591 | + | 21 this Act to submit to a mental or physical examination | |
592 | + | 22 pursuant to the terms and conditions of Section 23b. | |
593 | + | 23 25. Gross or repeated irregularities in billing for | |
594 | + | 24 services rendered to a patient. For purposes of this | |
595 | + | 25 paragraph 25, "irregularities in billing" shall include: | |
596 | + | 26 (a) Reporting excessive charges for the purpose of | |
597 | + | ||
598 | + | ||
599 | + | ||
600 | + | ||
601 | + | ||
602 | + | SB2586 Enrolled - 17 - LRB103 32717 SPS 62470 b | |
603 | + | ||
604 | + | ||
605 | + | SB2586 Enrolled- 18 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 18 - LRB103 32717 SPS 62470 b | |
606 | + | SB2586 Enrolled - 18 - LRB103 32717 SPS 62470 b | |
607 | + | 1 obtaining a total payment in excess of that usually | |
608 | + | 2 received by the dentist for the services rendered. | |
609 | + | 3 (b) Reporting charges for services not rendered. | |
610 | + | 4 (c) Incorrectly reporting services rendered for | |
611 | + | 5 the purpose of obtaining payment not earned. | |
612 | + | 6 26. Continuing the active practice of dentistry while | |
613 | + | 7 knowingly having any infectious, communicable, or | |
614 | + | 8 contagious disease proscribed by rule or regulation of the | |
615 | + | 9 Department. | |
616 | + | 10 27. Being named as a perpetrator in an indicated | |
617 | + | 11 report by the Department of Children and Family Services | |
618 | + | 12 pursuant to the Abused and Neglected Child Reporting Act, | |
619 | + | 13 and upon proof by clear and convincing evidence that the | |
620 | + | 14 licensee has caused a child to be an abused child or | |
621 | + | 15 neglected child as defined in the Abused and Neglected | |
622 | + | 16 Child Reporting Act. | |
623 | + | 17 28. Violating the Health Care Worker Self-Referral | |
624 | + | 18 Act. | |
625 | + | 19 29. Abandonment of a patient. | |
626 | + | 20 30. Mental incompetency as declared by a court of | |
627 | + | 21 competent jurisdiction. | |
628 | + | 22 31. A finding by the Department that the licensee, | |
629 | + | 23 after having his or her license placed on probationary | |
630 | + | 24 status, has violated the terms of probation. | |
631 | + | 25 32. Material misstatement in furnishing information to | |
632 | + | 26 the Department. | |
633 | + | ||
634 | + | ||
635 | + | ||
636 | + | ||
637 | + | ||
638 | + | SB2586 Enrolled - 18 - LRB103 32717 SPS 62470 b | |
639 | + | ||
640 | + | ||
641 | + | SB2586 Enrolled- 19 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 19 - LRB103 32717 SPS 62470 b | |
642 | + | SB2586 Enrolled - 19 - LRB103 32717 SPS 62470 b | |
643 | + | 1 33. Failing, within 60 days, to provide information in | |
644 | + | 2 response to a written request by the Department in the | |
645 | + | 3 course of an investigation. | |
646 | + | 4 34. Immoral conduct in the commission of any act, | |
647 | + | 5 including, but not limited to, commission of an act of | |
648 | + | 6 sexual misconduct related to the licensee's practice. | |
649 | + | 7 35. Cheating on or attempting to subvert the licensing | |
650 | + | 8 examination administered under this Act. | |
651 | + | 9 36. A pattern of practice or other behavior that | |
652 | + | 10 demonstrates incapacity or incompetence to practice under | |
653 | + | 11 this Act. | |
654 | + | 12 37. Failure to establish and maintain records of | |
655 | + | 13 patient care and treatment as required under this Act. | |
656 | + | 14 38. Failure to provide copies of dental records as | |
657 | + | 15 required by law. | |
658 | + | 16 39. Failure of a licensed dentist who owns or is | |
659 | + | 17 employed at a dental office to give notice of an office | |
660 | + | 18 closure to his or her patients at least 30 days prior to | |
661 | + | 19 the office closure pursuant to Section 50.1. | |
662 | + | 20 40. Failure to maintain a sanitary work environment. | |
663 | + | 21 41. Failure to comply with the provisions of Section | |
664 | + | 22 17.2 of this Act. | |
665 | + | 23 All proceedings to suspend, revoke, place on probationary | |
666 | + | 24 status, or take any other disciplinary action as the | |
667 | + | 25 Department may deem proper, with regard to a license on any of | |
668 | + | 26 the foregoing grounds, must be commenced within 5 years after | |
669 | + | ||
670 | + | ||
671 | + | ||
672 | + | ||
673 | + | ||
674 | + | SB2586 Enrolled - 19 - LRB103 32717 SPS 62470 b | |
675 | + | ||
676 | + | ||
677 | + | SB2586 Enrolled- 20 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 20 - LRB103 32717 SPS 62470 b | |
678 | + | SB2586 Enrolled - 20 - LRB103 32717 SPS 62470 b | |
679 | + | 1 receipt by the Department of a complaint alleging the | |
680 | + | 2 commission of or notice of the conviction order for any of the | |
681 | + | 3 acts described herein. Except for fraud in procuring a | |
682 | + | 4 license, no action shall be commenced more than 7 years after | |
683 | + | 5 the date of the incident or act alleged to have violated this | |
684 | + | 6 Section. The time during which the holder of the license was | |
685 | + | 7 outside the State of Illinois shall not be included within any | |
686 | + | 8 period of time limiting the commencement of disciplinary | |
687 | + | 9 action by the Department. | |
688 | + | 10 All fines imposed under this Section shall be paid within | |
689 | + | 11 60 days after the effective date of the order imposing the fine | |
690 | + | 12 or in accordance with the terms set forth in the order imposing | |
691 | + | 13 the fine. | |
692 | + | 14 The Department may refuse to issue or may suspend the | |
693 | + | 15 license of any person who fails to file a return, or to pay the | |
694 | + | 16 tax, penalty or interest shown in a filed return, or to pay any | |
695 | + | 17 final assessment of tax, penalty or interest, as required by | |
696 | + | 18 any tax Act administered by the Illinois Department of | |
697 | + | 19 Revenue, until such time as the requirements of any such tax | |
698 | + | 20 Act are satisfied. | |
699 | + | 21 Any dentist who has had his or her license suspended or | |
700 | + | 22 revoked for more than 5 years must comply with the | |
701 | + | 23 requirements for restoration set forth in Section 16 prior to | |
702 | + | 24 being eligible for reinstatement from the suspension or | |
703 | + | 25 revocation. | |
704 | + | 26 (Source: P.A. 103-425, eff. 1-1-24.) | |
705 | + | ||
706 | + | ||
707 | + | ||
708 | + | ||
709 | + | ||
710 | + | SB2586 Enrolled - 20 - LRB103 32717 SPS 62470 b | |
711 | + | ||
712 | + | ||
713 | + | SB2586 Enrolled- 21 -LRB103 32717 SPS 62470 b SB2586 Enrolled - 21 - LRB103 32717 SPS 62470 b | |
714 | + | SB2586 Enrolled - 21 - LRB103 32717 SPS 62470 b | |
715 | + | 1 Section 10. The Consumer Fraud and Deceptive Business | |
716 | + | 2 Practices Act is amended by adding Section 2EEEE as follows: | |
717 | + | 3 (815 ILCS 505/2EEEE new) | |
718 | + | 4 Sec. 2EEEE. Violations concerning teledentistry under the | |
719 | + | 5 Illinois Dental Practice Act. Any person who violates Section | |
720 | + | 6 17.2 of the Illinois Dental Practice Act commits an unlawful | |
721 | + | 7 practice within the meaning of this Act. | |
722 | + | ||
723 | + | ||
724 | + | ||
725 | + | ||
726 | + | ||
727 | + | SB2586 Enrolled - 21 - LRB103 32717 SPS 62470 b |