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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Dental Practice Act is amended by
5 changing Sections 4, 8.1, 17, 19.2, and 45 as follows:
6 (225 ILCS 25/4)
7 (Section scheduled to be repealed on January 1, 2026)
8 Sec. 4. Definitions. As used in this Act:
9 "Address of record" means the designated address recorded
10 by the Department in the applicant's or licensee's application
11 file or license file as maintained by the Department's
12 licensure maintenance unit. It is the duty of the applicant or
13 licensee to inform the Department of any change of address and
14 those changes must be made either through the Department's
15 website or by contacting the Department.
16 "Department" means the Department of Financial and
17 Professional Regulation.
18 "Secretary" means the Secretary of Financial and
19 Professional Regulation.
20 "Board" means the Board of Dentistry.
21 "Dentist" means a person who has received a general
22 license pursuant to paragraph (a) of Section 11 of this Act and
23 who may perform any intraoral and extraoral procedure required
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1 in the practice of dentistry and to whom is reserved the
2 responsibilities specified in Section 17.
3 "Dental hygienist" means a person who holds a license
4 under this Act to perform dental services as authorized by
5 Section 18.
6 "Dental assistant" means an appropriately trained person
7 who, under the supervision of a dentist, provides dental
8 services as authorized by Section 17.
9 "Expanded function dental assistant" means a dental
10 assistant who has completed the training required by Section
11 17.1 of this Act.
12 "Dental laboratory" means a person, firm, or corporation
13 which:
14 (i) engages in making, providing, repairing, or
15 altering dental prosthetic appliances and other artificial
16 materials and devices which are returned to a dentist for
17 insertion into the human oral cavity or which come in
18 contact with its adjacent structures and tissues; and
19 (ii) utilizes or employs a dental technician to
20 provide such services; and
21 (iii) performs such functions only for a dentist or
22 dentists.
23 "Supervision" means supervision of a dental hygienist or a
24 dental assistant requiring that a dentist authorize the
25 procedure, remain in the dental facility while the procedure
26 is performed, and approve the work performed by the dental
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1 hygienist or dental assistant before dismissal of the patient,
2 but does not mean that the dentist must be present at all times
3 in the treatment room.
4 "General supervision" means supervision of a dental
5 hygienist requiring that the patient be a patient of record,
6 that the dentist examine the patient in accordance with
7 Section 18 prior to treatment by the dental hygienist, and
8 that the dentist authorize the procedures which are being
9 carried out by a notation in the patient's record, but not
10 requiring that a dentist be present when the authorized
11 procedures are being performed. The issuance of a prescription
12 to a dental laboratory by a dentist does not constitute
13 general supervision.
14 "Public member" means a person who is not a health
15 professional. For purposes of board membership, any person
16 with a significant financial interest in a health service or
17 profession is not a public member.
18 "Dentistry" means the healing art which is concerned with
19 the examination, diagnosis, treatment planning, and care of
20 conditions within the human oral cavity and its adjacent
21 tissues and structures, as further specified in Section 17.
22 "Branches of dentistry" means the various specialties of
23 dentistry which, for purposes of this Act, shall be limited to
24 the following: endodontics, oral and maxillofacial surgery,
25 orthodontics and dentofacial orthopedics, pediatric dentistry,
26 periodontics, prosthodontics, oral and maxillofacial
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1 radiology, and dental anesthesiology.
2 "Specialist" means a dentist who has received a specialty
3 license pursuant to Section 11(b).
4 "Dental technician" means a person who owns, operates, or
5 is employed by a dental laboratory and engages in making,
6 providing, repairing, or altering dental prosthetic appliances
7 and other artificial materials and devices which are returned
8 to a dentist for insertion into the human oral cavity or which
9 come in contact with its adjacent structures and tissues.
10 "Impaired dentist" or "impaired dental hygienist" means a
11 dentist or dental hygienist who is unable to practice with
12 reasonable skill and safety because of a physical or mental
13 disability as evidenced by a written determination or written
14 consent based on clinical evidence, including deterioration
15 through the aging process, loss of motor skills, abuse of
16 drugs or alcohol, or a psychiatric disorder, of sufficient
17 degree to diminish the person's ability to deliver competent
18 patient care.
19 "Nurse" means a registered professional nurse, a certified
20 registered nurse anesthetist licensed as an advanced practice
21 registered nurse, or a licensed practical nurse licensed under
22 the Nurse Practice Act.
23 "Patient of record" means a patient for whom the patient's
24 most recent dentist has obtained a relevant medical and dental
25 history and on whom the dentist has performed an examination
26 and evaluated the condition to be treated.
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1 "Dental responder" means a dentist or dental hygienist who
2 is appropriately certified in disaster preparedness,
3 immunizations, and dental humanitarian medical response
4 consistent with the Society of Disaster Medicine and Public
5 Health and training certified by the National Incident
6 Management System or the National Disaster Life Support
7 Foundation.
8 "Mobile dental van or portable dental unit" means any
9 self-contained or portable dental unit in which dentistry is
10 practiced that can be moved, towed, or transported from one
11 location to another in order to establish a location where
12 dental services can be provided.
13 "Public health dental hygienist" means a hygienist who
14 holds a valid license to practice in the State, has 2 years of
15 full-time clinical experience or an equivalent of 4,000 hours
16 of clinical experience, and has completed at least 42 clock
17 hours of additional structured courses in dental education in
18 advanced areas specific to public health dentistry.
19 "Public health setting" means a federally qualified health
20 center; a federal, State, or local public health facility;
21 Head Start; a special supplemental nutrition program for
22 Women, Infants, and Children (WIC) facility; a certified
23 school-based health center or school-based oral health
24 program; a prison; or a long-term care facility.
25 "Public health supervision" means the supervision of a
26 public health dental hygienist by a licensed dentist who has a
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1 written public health supervision agreement with that public
2 health dental hygienist while working in an approved facility
3 or program that allows the public health dental hygienist to
4 treat patients, without a dentist first examining the patient
5 and being present in the facility during treatment, (1) who
6 are eligible for Medicaid or (2) who are uninsured or whose
7 household income is not greater than 300% of the federal
8 poverty level.
9 "Teledentistry" means the use of telehealth systems and
10 methodologies in dentistry and includes patient care and
11 education delivery using synchronous and asynchronous
12 communications under a dentist's authority as provided under
13 this Act.
14 "Moderate sedation" means a drug-induced depression of
15 consciousness during which: (1) patients respond purposefully
16 to verbal commands, either alone or accompanied by light
17 tactile stimulation; (2) no interventions are required to
18 maintain a patient's airway and spontaneous ventilation is
19 adequate; and (3) cardiovascular function is usually
20 maintained.
21 "Deep sedation" means a drug-induced depression of
22 consciousness during which: (1) patients cannot be easily
23 aroused, but respond purposefully following repeated or
24 painful stimulation; (2) the ability to independently maintain
25 ventilatory function may be impaired; (3) patients may require
26 assistance in maintaining airways and spontaneous ventilation
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1 may be inadequate; and (4) cardiovascular function is usually
2 maintained.
3 "General anesthesia" means a drug-induced loss of
4 consciousness during which: (1) patients are not arousable,
5 even by painful stimulation; (2) the ability to independently
6 maintain ventilatory function is often impaired; (3) patients
7 often require assistance in maintaining airways and positive
8 pressure ventilation may be required because of depressed
9 spontaneous ventilation or drug-induced depression of
10 neuromuscular function; and (4) cardiovascular function may be
11 impaired.
12 "Venipuncture" means the puncture of a vein as part of a
13 medical procedure, typically to withdraw a blood sample or for
14 an intravenous catheter for the administration of medication
15 or fluids.
16 "Enteral route of administration" means administration of
17 a drug that is absorbed through the gastrointestinal tract or
18 through oral, rectal, or sublingual mucosa.
19 "Parenteral route of administration" means administration
20 of a drug by which the drug bypasses the gastrointestinal
21 tract through intramuscular, intravenous, intranasal,
22 submucosal, subcutaneous, or intraosseous methods.
23 (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
24 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
25 1-1-24; revised 12-15-23.)
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1 (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 8.1. Permit for the administration of anesthesia and
4 sedation.
5 (a) No licensed dentist shall administer general
6 anesthesia, deep sedation, or moderate conscious sedation
7 without first applying for and obtaining a permit for such
8 purpose from the Department. The Department shall issue such
9 permit only after ascertaining that the applicant possesses
10 the minimum qualifications necessary to protect public safety.
11 A person with a dental degree who administers anesthesia, deep
12 sedation, or moderate conscious sedation in an approved
13 hospital training program under the supervision of either a
14 licensed dentist holding such permit or a physician licensed
15 to practice medicine in all its branches shall not be required
16 to obtain such permit.
17 (b) The minimum requirements for a permit to administer
18 moderate sedation issued after the effective date of this
19 amendatory Act of the 103rd General Assembly shall include the
20 completion of a minimum of 75 hours of didactic and supervised
21 clinical study in either:
22 (1) an American Dental Association Commission on
23 Dental Accreditation accredited dental specialty program,
24 general practice residency, or advanced education in
25 general dentistry residency that includes training and
26 documentation in moderate sedation techniques appropriate
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1 for each specialty or an American Dental Association
2 Commission on Dental Accreditation accredited dental
3 anesthesiology residency program and proof of completion
4 of 20 individually managed patients utilizing appropriate
5 routes of administration, in which the applicant is the
6 sole provider, which can include, but are not limited to,
7 intravenous, oral, intranasal, or intramuscular or
8 combinations thereof; or
9 (2) a structured course of study provided by an
10 approved continuing education provider that includes
11 training and documentation in moderate sedation, physical
12 evaluation, venipuncture, advanced airway management,
13 technical administration, recognition and management of
14 complications and emergencies and monitoring with
15 additional supervised experience and documentation
16 demonstrating competence in providing moderate sedation
17 utilizing enteral and parenteral routes of administration
18 of medications to competency to 20 individual patient
19 experiences on a 1 to 1 ratio with an instructor, in which
20 the applicant is the sole provider of sedation over a
21 continuous time frame as set by the Department and as
22 provided in the American Dental Association's Guidelines
23 for Teaching Pain Control and Sedation to Dentists and
24 Dental Students.
25 (b-5) The minimum requirements for a permit to administer
26 deep sedation and general anesthesia issued after the
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1 effective date of this amendatory Act of the 103rd General
2 Assembly shall include:
3 (1) the completion of a minimum of 2 years of advanced
4 training in anesthesiology beyond the pre-doctoral level
5 in a training program approved by the American Dental
6 Association's Council on Dental Education and Licensure,
7 as outlined in Guidelines for Teaching Pain Control and
8 Sedation to Dentists and Dental Students, as published by
9 the American Dental Association's Council on Dental
10 Education and Licensure;
11 (2) a specialty license in oral and maxillofacial
12 surgery;
13 (3) completion of an accredited oral or maxillofacial
14 surgery residency program; or
15 (4) the completion of an American Dental Association
16 Commission on Dental Accreditation accredited dental
17 anesthesiology residency program.
18 (b-10) The Department may establish, by rule, additional
19 training programs and training requirements consistent with
20 this Section to ensure patient safety in dental offices
21 administering anesthesia, which shall include, but not be
22 limited to the following In determining the minimum permit
23 qualifications that are necessary to protect public safety,
24 the Department, by rule, shall:
25 (1) (blank); establish the minimum educational and
26 training requirements necessary for a dentist to be issued
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1 an appropriate permit;
2 (2) establish the standards for properly equipped
3 dental facilities (other than licensed hospitals and
4 ambulatory surgical treatment centers) in which general
5 anesthesia, deep sedation, or moderate conscious sedation
6 is administered, as necessary to protect public safety;
7 (3) establish minimum requirements for all persons who
8 assist the dentist in the administration of general
9 anesthesia, deep sedation, or moderate conscious sedation,
10 including minimum training requirements for each member of
11 the dental team, monitoring requirements, recordkeeping
12 requirements, and emergency procedures;
13 (4) ensure that the dentist has completed and
14 maintains current certification in advanced cardiac life
15 support or pediatric advanced life support and all persons
16 assisting the dentist or monitoring the administration of
17 general anesthesia, deep sedation, or moderate conscious
18 sedation maintain current certification in Basic Life
19 Support (BLS); and
20 (5) establish continuing education requirements in
21 sedation techniques and airway management for dentists who
22 possess a permit under this Section.
23 The Department shall adopt rules that ensure that a
24 continuing education course designed to meet the permit
25 requirements for moderate sedation training is reviewed and
26 certified by the Department if the course is not accredited by
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1 the American Dental Association Commission on Dental
2 Accreditation.
3 When establishing requirements under this Section, the
4 Department shall consider the current American Dental
5 Association guidelines on sedation and general anesthesia, the
6 current "Guidelines for Monitoring and Management of Pediatric
7 Patients During and After Sedation for Diagnostic and
8 Therapeutic Procedures" established by the American Academy of
9 Pediatrics and the American Academy of Pediatric Dentistry,
10 and the current parameters of care and Office Anesthesia
11 Evaluation (OAE) Manual established by the American
12 Association of Oral and Maxillofacial Surgeons.
13 (c) A licensed dentist must hold an appropriate permit
14 issued under this Section in order to perform dentistry while
15 a nurse anesthetist administers moderate conscious sedation,
16 and a valid written collaborative agreement must exist between
17 the dentist and the nurse anesthetist, in accordance with the
18 Nurse Practice Act.
19 A licensed dentist must hold an appropriate permit issued
20 under this Section in order to perform dentistry while a nurse
21 anesthetist administers deep sedation or general anesthesia,
22 and a valid written collaborative agreement must exist between
23 the dentist and the nurse anesthetist, in accordance with the
24 Nurse Practice Act.
25 For the purposes of this subsection (c), "nurse
26 anesthetist" means a licensed certified registered nurse
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1 anesthetist who holds a license as an advanced practice
2 registered nurse.
3 (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
4 101-162, eff. 7-26-19.)
5 (225 ILCS 25/17)
6 (Section scheduled to be repealed on January 1, 2026)
7 Sec. 17. Acts constituting the practice of dentistry. A
8 person practices dentistry, within the meaning of this Act:
9 (1) Who represents himself or herself as being able to
10 diagnose or diagnoses, treats, prescribes, or operates for
11 any disease, pain, deformity, deficiency, injury, or
12 physical condition of the human tooth, teeth, alveolar
13 process, gums, or jaw; or
14 (2) Who is a manager, proprietor, operator, or
15 conductor of a business where dental operations are
16 performed; or
17 (3) Who performs dental operations of any kind; or
18 (4) Who uses an X-Ray machine or X-Ray films for
19 dental diagnostic purposes; or
20 (5) Who extracts a human tooth or teeth, or corrects
21 or attempts to correct malpositions of the human teeth or
22 jaws; or
23 (6) Who offers or undertakes, by any means or method,
24 to diagnose, treat, or remove stains, calculus, and
25 bonding materials from human teeth or jaws; or
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1 (7) Who uses or administers local or general
2 anesthetics in the treatment of dental or oral diseases or
3 in any preparation incident to a dental operation of any
4 kind or character; or
5 (8) Who takes material or digital scans for final
6 impressions of the human tooth, teeth, or jaws or performs
7 any phase of any operation incident to the replacement of
8 a part of a tooth, a tooth, teeth, or associated tissues by
9 means of a filling, a crown, a bridge, a denture, or other
10 appliance; or
11 (9) Who offers to furnish, supply, construct,
12 reproduce, or repair, or who furnishes, supplies,
13 constructs, reproduces, or repairs, prosthetic dentures,
14 bridges, or other substitutes for natural teeth, to the
15 user or prospective user thereof; or
16 (10) Who instructs students on clinical matters or
17 performs any clinical operation included in the curricula
18 of recognized dental schools and colleges; or
19 (11) Who takes material or digital scans for final
20 impressions of human teeth or places his or her hands in
21 the mouth of any person for the purpose of applying teeth
22 whitening materials, or who takes impressions of human
23 teeth or places his or her hands in the mouth of any person
24 for the purpose of assisting in the application of teeth
25 whitening materials. A person does not practice dentistry
26 when he or she discloses to the consumer that he or she is
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1 not licensed as a dentist under this Act and (i) discusses
2 the use of teeth whitening materials with a consumer
3 purchasing these materials; (ii) provides instruction on
4 the use of teeth whitening materials with a consumer
5 purchasing these materials; or (iii) provides appropriate
6 equipment on-site to the consumer for the consumer to
7 self-apply teeth whitening materials.
8 The fact that any person engages in or performs, or offers
9 to engage in or perform, any of the practices, acts, or
10 operations set forth in this Section, shall be prima facie
11 evidence that such person is engaged in the practice of
12 dentistry.
13 The following practices, acts, and operations, however,
14 are exempt from the operation of this Act:
15 (a) The rendering of dental relief in emergency cases
16 in the practice of his or her profession by a physician or
17 surgeon, licensed as such under the laws of this State,
18 unless he or she undertakes to reproduce or reproduces
19 lost parts of the human teeth in the mouth or to restore or
20 replace lost or missing teeth in the mouth; or
21 (b) The practice of dentistry in the discharge of
22 their official duties by dentists in any branch of the
23 Armed Services of the United States, the United States
24 Public Health Service, or the United States Veterans
25 Administration; or
26 (c) The practice of dentistry by students in their
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1 course of study in dental schools or colleges approved by
2 the Department, when acting under the direction and
3 supervision of dentists acting as instructors; or
4 (d) The practice of dentistry by clinical instructors
5 in the course of their teaching duties in dental schools
6 or colleges approved by the Department:
7 (i) when acting under the direction and
8 supervision of dentists, provided that such clinical
9 instructors have instructed continuously in this State
10 since January 1, 1986; or
11 (ii) when holding the rank of full professor at
12 such approved dental school or college and possessing
13 a current valid license or authorization to practice
14 dentistry in another country; or
15 (e) The practice of dentistry by licensed dentists of
16 other states or countries at meetings of the Illinois
17 State Dental Society or component parts thereof, alumni
18 meetings of dental colleges, or any other like dental
19 organizations, while appearing as clinicians; or
20 (f) The use of X-Ray machines for exposing X-Ray films
21 of dental or oral tissues by dental hygienists or dental
22 assistants; or
23 (g) The performance of any dental service by a dental
24 assistant, if such service is performed under the
25 supervision and full responsibility of a dentist. In
26 addition, after being authorized by a dentist, a dental
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1 assistant may, for the purpose of eliminating pain or
2 discomfort, remove loose, broken, or irritating
3 orthodontic appliances on a patient of record.
4 For purposes of this paragraph (g), "dental service"
5 is defined to mean any intraoral procedure or act which
6 shall be prescribed by rule or regulation of the
7 Department. "Dental service", however, shall not include:
8 (1) Any and all diagnosis of or prescription for
9 treatment of disease, pain, deformity, deficiency,
10 injury, or physical condition of the human teeth or
11 jaws, or adjacent structures.
12 (2) Removal of, restoration of, or addition to the
13 hard or soft tissues of the oral cavity, except for the
14 placing, carving, and finishing of amalgam
15 restorations and placing, packing, and finishing
16 composite restorations by dental assistants who have
17 had additional formal education and certification.
18 A dental assistant may place, carve, and finish
19 amalgam restorations, place, pack, and finish
20 composite restorations, and place interim restorations
21 if he or she (A) has successfully completed a
22 structured training program as described in item (2)
23 of subsection (g) provided by an educational
24 institution accredited by the Commission on Dental
25 Accreditation, such as a dental school or dental
26 hygiene or dental assistant program, or (B) has at
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1 least 4,000 hours of direct clinical patient care
2 experience and has successfully completed a structured
3 training program as described in item (2) of
4 subsection (g) provided by a statewide dental
5 association, approved by the Department to provide
6 continuing education, that has developed and conducted
7 training programs for expanded functions for dental
8 assistants or hygienists. The training program must:
9 (i) include a minimum of 16 hours of didactic study and
10 14 hours of clinical manikin instruction; all training
11 programs shall include areas of study in nomenclature,
12 caries classifications, oral anatomy, periodontium,
13 basic occlusion, instrumentations, pulp protection
14 liners and bases, dental materials, matrix and wedge
15 techniques, amalgam placement and carving, rubber dam
16 clamp placement, and rubber dam placement and removal;
17 (ii) include an outcome assessment examination that
18 demonstrates competency; (iii) require the supervising
19 dentist to observe and approve the completion of 8
20 amalgam or composite restorations; and (iv) issue a
21 certificate of completion of the training program,
22 which must be kept on file at the dental office and be
23 made available to the Department upon request. A
24 dental assistant must have successfully completed an
25 approved coronal polishing and dental sealant course
26 prior to taking the amalgam and composite restoration
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1 course.
2 A dentist utilizing dental assistants shall not
3 supervise more than 4 dental assistants at any one
4 time for placing, carving, and finishing of amalgam
5 restorations or for placing, packing, and finishing
6 composite restorations.
7 (3) Any and all correction of malformation of
8 teeth or of the jaws.
9 (4) Administration of anesthetics, except for
10 monitoring of nitrous oxide, moderate conscious
11 sedation, deep sedation, and general anesthetic as
12 provided in Section 8.1 of this Act, that may be
13 performed only after successful completion of a
14 training program approved by the Department. A dentist
15 utilizing dental assistants shall not supervise more
16 than 4 dental assistants at any one time for the
17 monitoring of nitrous oxide.
18 (5) Removal of calculus from human teeth.
19 (6) Taking of material or digital scans for final
20 impressions for the fabrication of prosthetic
21 appliances, crowns, bridges, inlays, onlays, or other
22 restorative or replacement dentistry.
23 (7) The operative procedure of dental hygiene
24 consisting of oral prophylactic procedures, except for
25 coronal polishing and pit and fissure sealants, which
26 may be performed by a dental assistant who has
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1 successfully completed a training program approved by
2 the Department. Dental assistants may perform coronal
3 polishing under the following circumstances: (i) the
4 coronal polishing shall be limited to polishing the
5 clinical crown of the tooth and existing restorations,
6 supragingivally; (ii) the dental assistant performing
7 the coronal polishing shall be limited to the use of
8 rotary instruments using a rubber cup or brush
9 polishing method (air polishing is not permitted); and
10 (iii) the supervising dentist shall not supervise more
11 than 4 dental assistants at any one time for the task
12 of coronal polishing or pit and fissure sealants.
13 In addition to coronal polishing and pit and
14 fissure sealants as described in this item (7), a
15 dental assistant who has at least 2,000 hours of
16 direct clinical patient care experience and who has
17 successfully completed a structured training program
18 provided by (1) an educational institution including,
19 but not limited to, a dental school or dental hygiene
20 or dental assistant program, (2) a continuing
21 education provider approved by the Department, or (3)
22 a statewide dental or dental hygienist association
23 that has developed and conducted a training program
24 for expanded functions for dental assistants or
25 hygienists may perform: (A) coronal scaling above the
26 gum line, supragingivally, on the clinical crown of
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1 the tooth only on patients 17 years of age or younger
2 who have an absence of periodontal disease and who are
3 not medically compromised or individuals with special
4 needs and (B) intracoronal temporization of a tooth.
5 The training program must: (I) include a minimum of 32
6 hours of instruction in both didactic and clinical
7 manikin or human subject instruction; all training
8 programs shall include areas of study in dental
9 anatomy, public health dentistry, medical history,
10 dental emergencies, and managing the pediatric
11 patient; (II) include an outcome assessment
12 examination that demonstrates competency; (III)
13 require the supervising dentist to observe and approve
14 the completion of 6 full mouth supragingival scaling
15 procedures unless the training was received as part of
16 a Commission on Dental Accreditation approved dental
17 assistant program; and (IV) issue a certificate of
18 completion of the training program, which must be kept
19 on file at the dental office and be made available to
20 the Department upon request. A dental assistant must
21 have successfully completed an approved coronal
22 polishing course prior to taking the coronal scaling
23 course. A dental assistant performing these functions
24 shall be limited to the use of hand instruments only.
25 In addition, coronal scaling as described in this
26 paragraph shall only be utilized on patients who are
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1 eligible for Medicaid, who are uninsured, or whose
2 household income is not greater than 300% of the
3 federal poverty level. A dentist may not supervise
4 more than 2 dental assistants at any one time for the
5 task of coronal scaling. This paragraph is inoperative
6 on and after January 1, 2026.
7 The limitations on the number of dental assistants a
8 dentist may supervise contained in items (2), (4), and (7)
9 of this paragraph (g) mean a limit of 4 total dental
10 assistants or dental hygienists doing expanded functions
11 covered by these Sections being supervised by one dentist;
12 or
13 (h) The practice of dentistry by an individual who:
14 (i) has applied in writing to the Department, in
15 form and substance satisfactory to the Department, for
16 a general dental license and has complied with all
17 provisions of Section 9 of this Act, except for the
18 passage of the examination specified in subsection (e)
19 of Section 9 of this Act; or
20 (ii) has applied in writing to the Department, in
21 form and substance satisfactory to the Department, for
22 a temporary dental license and has complied with all
23 provisions of subsection (c) of Section 11 of this
24 Act; and
25 (iii) has been accepted or appointed for specialty
26 or residency training by a hospital situated in this
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1 State; or
2 (iv) has been accepted or appointed for specialty
3 training in an approved dental program situated in
4 this State; or
5 (v) has been accepted or appointed for specialty
6 training in a dental public health agency situated in
7 this State.
8 The applicant shall be permitted to practice dentistry
9 for a period of 3 months from the starting date of the
10 program, unless authorized in writing by the Department to
11 continue such practice for a period specified in writing
12 by the Department.
13 The applicant shall only be entitled to perform such
14 acts as may be prescribed by and incidental to his or her
15 program of residency or specialty training and shall not
16 otherwise engage in the practice of dentistry in this
17 State.
18 The authority to practice shall terminate immediately
19 upon:
20 (1) the decision of the Department that the
21 applicant has failed the examination; or
22 (2) denial of licensure by the Department; or
23 (3) withdrawal of the application.
24 (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
25 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
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1 (225 ILCS 25/19.2)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 19.2. Temporary permit for free dental care.
4 (a) Upon Board recommendation, the Department may issue a
5 temporary permit authorizing the practice in this State,
6 without compensation, of dentistry to an applicant who is
7 licensed to practice dentistry in another state, if all of the
8 following apply:
9 (1) the Department determines that the applicant's
10 services will improve the welfare of Illinois residents
11 who are eligible for Medicaid or who are uninsured and
12 whose household income is not greater than 200% of the
13 federal poverty level;
14 (2) the applicant has graduated from a dental program
15 approved by the American Dental Association's Commission
16 on Dental Accreditation and maintains an equivalent
17 authorization to practice dentistry in good standing in
18 his or her native licensing jurisdiction during the period
19 of the temporary visiting dentist permit and can furnish
20 the Department a certified letter upon request from that
21 jurisdiction attesting to the fact that the applicant has
22 no pending action or violations against his or her
23 license;
24 (3) the applicant has received an invitation to
25 perform dental care by a charitable organization or has
26 received an invitation to study or receive training on
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1 specific dental or clinical subjects or techniques by a
2 licensed continuing education sponsor who is approved by
3 the Department to provide clinical training in the State
4 of Illinois on patients for the welfare of Illinois
5 residents pursuant to subsection (a-5) and is in
6 compliance with the provisions of this Act;
7 (4) the applicant will be working pursuant to a
8 collaborative agreement with and under the direct
9 supervision of an Illinois licensed dentist, who is in
10 good standing, during the duration of the program. The
11 supervising dentist must be physically present during all
12 clinical training courses; and
13 (5) payment of a fee established by rule.
14 The Department may adopt rules to implement this
15 subsection.
16 (a-5) Upon Board recommendation, after the filing of an
17 application, the Department may allow approved continuing
18 education sponsors to be licensed to provide live patient
19 continuing education clinical training courses if the
20 following requirements are met:
21 (1) the continuing education course provides services,
22 without compensation, that will improve the welfare of
23 Illinois residents as described in paragraph (1) of
24 subsection (a). The application to the Board must include
25 the following information for review and approval by the
26 Department:
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1 (i) a plan of follow-up care and training models;
2 (ii) any and all documentation to be signed by the
3 patients, including, but not limited to, waivers,
4 consent forms, and releases;
5 (iii) information related to the facilities being
6 utilized, staffing plans, and emergency plans;
7 (iv) the process by which patients will be
8 contacted before, during, and after treatment;
9 (v) the intended population that will be receiving
10 treatment; and
11 (vi) proof of valid malpractice insurance for the
12 approved continuing education sponsor that extends
13 coverage to clinical staff, trainees, and out-of-state
14 permit holders that meet the requirements of
15 subsection (a);
16 (2) a valid written collaborative agreement must exist
17 between the temporary visiting dentist and the Illinois
18 licensed dentist co-treating patients under this Section.
19 The collaborative agreement must include a description of
20 the care to be provided and procedures to be performed by
21 the temporary visiting dentist. There shall be no more
22 than 5 trainees per supervising dentist. A copy of this
23 agreement shall become part of the patient's dental record
24 and shall be made available upon request to the
25 Department; and
26 (3) payment of a fee established by rule.
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1 A continuing education sponsor license issued under this
2 Section shall be valid for a period of time as provided by
3 rule.
4 The Department shall adopt rules to implement this
5 subsection.
6 (b) (Blank).
7 (c) A temporary permit shall be valid for no longer than 5
8 consecutive clinical days within 6 months from the date of
9 issuance. The temporary permit may be issued once per year to a
10 visiting dentist. Temporary permits under subsection (a) may
11 be restored no more than one time within 5 years of the initial
12 permits issuance. The Department may require an applicant to
13 pay a fee for the issuance or restoration of a permit under
14 this Section.
15 (d) (Blank).
16 (e) The temporary permit shall only permit the holder to
17 practice dentistry within the scope of the dental studies and
18 in conjunction with one of the following:
19 (1) the charitable organization; or
20 (2) a continuing education program provided by a
21 continuing education sponsor approved by the Department
22 pursuant to this Section that the permit holder is
23 attending.
24 (f) The temporary visiting dentist may not administer
25 moderate conscious sedation, deep sedation, or general
26 anesthesia.
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1 (g) A patient who seeks treatment from a temporary
2 visiting dentist must sign a consent form acknowledging that
3 the care the patient will receive will be provided by a dentist
4 not licensed in the State of Illinois and that the Illinois
5 licensed dentist who has the collaborative agreement with the
6 temporary visiting dentist will be responsible for all the
7 follow-up care associated with the treatment rendered to the
8 patient.
9 (h) An application for the temporary permit shall be made
10 to the Department in writing on forms prescribed by the
11 Department and shall be accompanied by a nonrefundable fee
12 established by rule.
13 (i) An applicant for a temporary permit may be requested
14 to appear before the Board to respond to questions concerning
15 the applicant's qualifications to receive the permit. An
16 applicant's refusal to appear before the Board may be grounds
17 for denial of the application by the Department.
18 (j) The Secretary may summarily cancel any permit or
19 license issued pursuant to this Section without a hearing if
20 the Secretary finds that evidence in his or her possession
21 indicates that a continuing education sponsor licensed under
22 this Section or a temporary permit holder's continuation in
23 practice would constitute an imminent danger to the public or
24 violate any provision of this Act or its rules. If the
25 Secretary summarily cancels a permit or license issued
26 pursuant to this Section, the permit holder or licensee may
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1 petition the Department for a hearing in accordance with the
2 provisions of subsection (b) of Section 26 of this Act to
3 reinstate his or her permit or license.
4 (k) In addition to terminating any permit or license
5 issued pursuant to this Section, the Department may impose a
6 monetary penalty not to exceed $10,000 upon the temporary
7 permit holder or licensee and may notify any state in which the
8 temporary permit holder or licensee has been issued a license
9 that his or her Illinois permit or license has been terminated
10 and the reasons for the termination. The monetary penalty
11 shall be paid within 60 days after the effective date of the
12 order imposing the penalty. The order shall constitute a
13 judgment and may be filed and execution had thereon in the same
14 manner as any judgment from any court of record. It is the
15 intent of the General Assembly that a permit or license issued
16 pursuant to this Section shall be considered a privilege and
17 not a property right.
18 (Source: P.A. 102-582, eff. 1-1-22.)
19 (225 ILCS 25/45) (from Ch. 111, par. 2345)
20 (Section scheduled to be repealed on January 1, 2026)
21 Sec. 45. Advertising. The purpose of this Section is to
22 authorize and regulate the advertisement by dentists of
23 information which is intended to provide the public with a
24 sufficient basis upon which to make an informed selection of
25 dentists while protecting the public from false or misleading
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1 advertisements which would detract from the fair and rational
2 selection process.
3 Any dentist may advertise the availability of dental
4 services in the public media or on the premises where such
5 dental services are rendered. Such advertising shall be
6 limited to the following information:
7 (a) The dental services available;
8 (b) Publication of the dentist's name, title, office
9 hours, address and telephone;
10 (c) Information pertaining to his or her area of
11 specialization, including appropriate board certification
12 or limitation of professional practice;
13 (d) Information on usual and customary fees for
14 routine dental services offered, which information shall
15 include notification that fees may be adjusted due to
16 complications or unforeseen circumstances;
17 (e) Announcement of the opening of, change of, absence
18 from, or return to business;
19 (f) Announcement of additions to or deletions from
20 professional dental staff;
21 (g) The issuance of business or appointment cards;
22 (h) Other information about the dentist, dentist's
23 practice or the types of dental services which the dentist
24 offers to perform which a reasonable person might regard
25 as relevant in determining whether to seek the dentist's
26 services. However, any advertisement which announces the
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1 availability of endodontics, pediatric dentistry,
2 periodontics, prosthodontics, orthodontics and
3 dentofacial orthopedics, oral and maxillofacial surgery,
4 or oral and maxillofacial radiology by a general dentist
5 or by a licensed specialist who is not licensed in that
6 specialty shall include a disclaimer stating that the
7 dentist does not hold a license in that specialty.
8 Any dental practice with more than one location that
9 enrolls its dentist as a participating provider in a managed
10 care plan's network must verify electronically or in writing
11 to the managed care plan whether the provider is accepting new
12 patients at each of the specific locations listing the
13 provider. The health plan shall remove the provider from the
14 directory in accordance with standard practices within 10
15 business days after being notified of the changes by the
16 provider. Nothing in this paragraph shall void any contractual
17 relationship between the provider and the plan.
18 It is unlawful for any dentist licensed under this Act to
19 do any of the following:
20 (1) Use claims of superior quality of care to entice
21 the public.
22 (2) Advertise in any way to practice dentistry without
23 causing pain.
24 (3) Pay a fee to any dental referral service or other
25 third party who advertises a dental referral service,
26 unless all advertising of the dental referral service
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1 makes it clear that dentists are paying a fee for that
2 referral service.
3 (4) Advertise or offer gifts as an inducement to
4 secure dental patronage. Dentists may advertise or offer
5 free examinations or free dental services; it shall be
6 unlawful, however, for any dentist to charge a fee to any
7 new patient for any dental service provided at the time
8 that such free examination or free dental services are
9 provided.
10 (5) Use the term "sedation dentistry" or similar terms
11 in advertising unless the advertising dentist holds a
12 valid and current permit issued by the Department to
13 administer either general anesthesia, deep sedation, or
14 moderate conscious sedation as required under Section 8.1
15 of this Act.
16 This Act does not authorize the advertising of dental
17 services when the offeror of such services is not a dentist.
18 Nor shall the dentist use statements which contain false,
19 fraudulent, deceptive or misleading material or guarantees of
20 success, statements which play upon the vanity or fears of the
21 public, or statements which promote or produce unfair
22 competition.
23 A dentist shall be required to keep a copy of all
24 advertisements for a period of 3 years. All advertisements in
25 the dentist's possession shall indicate the accurate date and
26 place of publication.
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1 The Department shall adopt rules to carry out the intent
2 of this Section.
3 (Source: P.A. 99-329, eff. 1-1-16.)
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