Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2822 Compare Versions

OldNewDifferences
1-Public Act 103-0628
21 SB2822 EnrolledLRB103 36437 AWJ 66539 b SB2822 Enrolled LRB103 36437 AWJ 66539 b
32 SB2822 Enrolled LRB103 36437 AWJ 66539 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, 8.1, 17, 19.2, and 45 as follows:
9-(225 ILCS 25/4)
10-(Section scheduled to be repealed on January 1, 2026)
11-Sec. 4. Definitions. As used in this Act:
12-"Address of record" means the designated address recorded
13-by the Department in the applicant's or licensee's application
14-file or license file as maintained by the Department's
15-licensure maintenance unit. It is the duty of the applicant or
16-licensee to inform the Department of any change of address and
17-those changes must be made either through the Department's
18-website or by contacting the Department.
19-"Department" means the Department of Financial and
20-Professional Regulation.
21-"Secretary" means the Secretary of Financial and
22-Professional Regulation.
23-"Board" means the Board of Dentistry.
24-"Dentist" means a person who has received a general
25-license pursuant to paragraph (a) of Section 11 of this Act and
26-who may perform any intraoral and extraoral procedure required
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Dental Practice Act is amended by
7+5 changing Sections 4, 8.1, 17, 19.2, and 45 as follows:
8+6 (225 ILCS 25/4)
9+7 (Section scheduled to be repealed on January 1, 2026)
10+8 Sec. 4. Definitions. As used in this Act:
11+9 "Address of record" means the designated address recorded
12+10 by the Department in the applicant's or licensee's application
13+11 file or license file as maintained by the Department's
14+12 licensure maintenance unit. It is the duty of the applicant or
15+13 licensee to inform the Department of any change of address and
16+14 those changes must be made either through the Department's
17+15 website or by contacting the Department.
18+16 "Department" means the Department of Financial and
19+17 Professional Regulation.
20+18 "Secretary" means the Secretary of Financial and
21+19 Professional Regulation.
22+20 "Board" means the Board of Dentistry.
23+21 "Dentist" means a person who has received a general
24+22 license pursuant to paragraph (a) of Section 11 of this Act and
25+23 who may perform any intraoral and extraoral procedure required
2726
2827
2928
3029 SB2822 Enrolled LRB103 36437 AWJ 66539 b
3130
3231
33-in the practice of dentistry and to whom is reserved the
34-responsibilities specified in Section 17.
35-"Dental hygienist" means a person who holds a license
36-under this Act to perform dental services as authorized by
37-Section 18.
38-"Dental assistant" means an appropriately trained person
39-who, under the supervision of a dentist, provides dental
40-services as authorized by Section 17.
41-"Expanded function dental assistant" means a dental
42-assistant who has completed the training required by Section
43-17.1 of this Act.
44-"Dental laboratory" means a person, firm, or corporation
45-which:
46-(i) engages in making, providing, repairing, or
47-altering dental prosthetic appliances and other artificial
48-materials and devices which are returned to a dentist for
49-insertion into the human oral cavity or which come in
50-contact with its adjacent structures and tissues; and
51-(ii) utilizes or employs a dental technician to
52-provide such services; and
53-(iii) performs such functions only for a dentist or
54-dentists.
55-"Supervision" means supervision of a dental hygienist or a
56-dental assistant requiring that a dentist authorize the
57-procedure, remain in the dental facility while the procedure
58-is performed, and approve the work performed by the dental
32+SB2822 Enrolled- 2 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 2 - LRB103 36437 AWJ 66539 b
33+ SB2822 Enrolled - 2 - LRB103 36437 AWJ 66539 b
34+1 in the practice of dentistry and to whom is reserved the
35+2 responsibilities specified in Section 17.
36+3 "Dental hygienist" means a person who holds a license
37+4 under this Act to perform dental services as authorized by
38+5 Section 18.
39+6 "Dental assistant" means an appropriately trained person
40+7 who, under the supervision of a dentist, provides dental
41+8 services as authorized by Section 17.
42+9 "Expanded function dental assistant" means a dental
43+10 assistant who has completed the training required by Section
44+11 17.1 of this Act.
45+12 "Dental laboratory" means a person, firm, or corporation
46+13 which:
47+14 (i) engages in making, providing, repairing, or
48+15 altering dental prosthetic appliances and other artificial
49+16 materials and devices which are returned to a dentist for
50+17 insertion into the human oral cavity or which come in
51+18 contact with its adjacent structures and tissues; and
52+19 (ii) utilizes or employs a dental technician to
53+20 provide such services; and
54+21 (iii) performs such functions only for a dentist or
55+22 dentists.
56+23 "Supervision" means supervision of a dental hygienist or a
57+24 dental assistant requiring that a dentist authorize the
58+25 procedure, remain in the dental facility while the procedure
59+26 is performed, and approve the work performed by the dental
5960
6061
61-hygienist or dental assistant before dismissal of the patient,
62-but does not mean that the dentist must be present at all times
63-in the treatment room.
64-"General supervision" means supervision of a dental
65-hygienist requiring that the patient be a patient of record,
66-that the dentist examine the patient in accordance with
67-Section 18 prior to treatment by the dental hygienist, and
68-that the dentist authorize the procedures which are being
69-carried out by a notation in the patient's record, but not
70-requiring that a dentist be present when the authorized
71-procedures are being performed. The issuance of a prescription
72-to a dental laboratory by a dentist does not constitute
73-general supervision.
74-"Public member" means a person who is not a health
75-professional. For purposes of board membership, any person
76-with a significant financial interest in a health service or
77-profession is not a public member.
78-"Dentistry" means the healing art which is concerned with
79-the examination, diagnosis, treatment planning, and care of
80-conditions within the human oral cavity and its adjacent
81-tissues and structures, as further specified in Section 17.
82-"Branches of dentistry" means the various specialties of
83-dentistry which, for purposes of this Act, shall be limited to
84-the following: endodontics, oral and maxillofacial surgery,
85-orthodontics and dentofacial orthopedics, pediatric dentistry,
86-periodontics, prosthodontics, oral and maxillofacial
8762
8863
89-radiology, and dental anesthesiology.
90-"Specialist" means a dentist who has received a specialty
91-license pursuant to Section 11(b).
92-"Dental technician" means a person who owns, operates, or
93-is employed by a dental laboratory and engages in making,
94-providing, repairing, or altering dental prosthetic appliances
95-and other artificial materials and devices which are returned
96-to a dentist for insertion into the human oral cavity or which
97-come in contact with its adjacent structures and tissues.
98-"Impaired dentist" or "impaired dental hygienist" means a
99-dentist or dental hygienist who is unable to practice with
100-reasonable skill and safety because of a physical or mental
101-disability as evidenced by a written determination or written
102-consent based on clinical evidence, including deterioration
103-through the aging process, loss of motor skills, abuse of
104-drugs or alcohol, or a psychiatric disorder, of sufficient
105-degree to diminish the person's ability to deliver competent
106-patient care.
107-"Nurse" means a registered professional nurse, a certified
108-registered nurse anesthetist licensed as an advanced practice
109-registered nurse, or a licensed practical nurse licensed under
110-the Nurse Practice Act.
111-"Patient of record" means a patient for whom the patient's
112-most recent dentist has obtained a relevant medical and dental
113-history and on whom the dentist has performed an examination
114-and evaluated the condition to be treated.
64+
65+ SB2822 Enrolled - 2 - LRB103 36437 AWJ 66539 b
11566
11667
117-"Dental responder" means a dentist or dental hygienist who
118-is appropriately certified in disaster preparedness,
119-immunizations, and dental humanitarian medical response
120-consistent with the Society of Disaster Medicine and Public
121-Health and training certified by the National Incident
122-Management System or the National Disaster Life Support
123-Foundation.
124-"Mobile dental van or portable dental unit" means any
125-self-contained or portable dental unit in which dentistry is
126-practiced that can be moved, towed, or transported from one
127-location to another in order to establish a location where
128-dental services can be provided.
129-"Public health dental hygienist" means a hygienist who
130-holds a valid license to practice in the State, has 2 years of
131-full-time clinical experience or an equivalent of 4,000 hours
132-of clinical experience, and has completed at least 42 clock
133-hours of additional structured courses in dental education in
134-advanced areas specific to public health dentistry.
135-"Public health setting" means a federally qualified health
136-center; a federal, State, or local public health facility;
137-Head Start; a special supplemental nutrition program for
138-Women, Infants, and Children (WIC) facility; a certified
139-school-based health center or school-based oral health
140-program; a prison; or a long-term care facility.
141-"Public health supervision" means the supervision of a
142-public health dental hygienist by a licensed dentist who has a
68+SB2822 Enrolled- 3 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 3 - LRB103 36437 AWJ 66539 b
69+ SB2822 Enrolled - 3 - LRB103 36437 AWJ 66539 b
70+1 hygienist or dental assistant before dismissal of the patient,
71+2 but does not mean that the dentist must be present at all times
72+3 in the treatment room.
73+4 "General supervision" means supervision of a dental
74+5 hygienist requiring that the patient be a patient of record,
75+6 that the dentist examine the patient in accordance with
76+7 Section 18 prior to treatment by the dental hygienist, and
77+8 that the dentist authorize the procedures which are being
78+9 carried out by a notation in the patient's record, but not
79+10 requiring that a dentist be present when the authorized
80+11 procedures are being performed. The issuance of a prescription
81+12 to a dental laboratory by a dentist does not constitute
82+13 general supervision.
83+14 "Public member" means a person who is not a health
84+15 professional. For purposes of board membership, any person
85+16 with a significant financial interest in a health service or
86+17 profession is not a public member.
87+18 "Dentistry" means the healing art which is concerned with
88+19 the examination, diagnosis, treatment planning, and care of
89+20 conditions within the human oral cavity and its adjacent
90+21 tissues and structures, as further specified in Section 17.
91+22 "Branches of dentistry" means the various specialties of
92+23 dentistry which, for purposes of this Act, shall be limited to
93+24 the following: endodontics, oral and maxillofacial surgery,
94+25 orthodontics and dentofacial orthopedics, pediatric dentistry,
95+26 periodontics, prosthodontics, oral and maxillofacial
14396
14497
145-written public health supervision agreement with that public
146-health dental hygienist while working in an approved facility
147-or program that allows the public health dental hygienist to
148-treat patients, without a dentist first examining the patient
149-and being present in the facility during treatment, (1) who
150-are eligible for Medicaid or (2) who are uninsured or whose
151-household income is not greater than 300% of the federal
152-poverty level.
153-"Teledentistry" means the use of telehealth systems and
154-methodologies in dentistry and includes patient care and
155-education delivery using synchronous and asynchronous
156-communications under a dentist's authority as provided under
157-this Act.
158-"Moderate sedation" means a drug-induced depression of
159-consciousness during which: (1) patients respond purposefully
160-to verbal commands, either alone or accompanied by light
161-tactile stimulation; (2) no interventions are required to
162-maintain a patient's airway and spontaneous ventilation is
163-adequate; and (3) cardiovascular function is usually
164-maintained.
165-"Deep sedation" means a drug-induced depression of
166-consciousness during which: (1) patients cannot be easily
167-aroused, but respond purposefully following repeated or
168-painful stimulation; (2) the ability to independently maintain
169-ventilatory function may be impaired; (3) patients may require
170-assistance in maintaining airways and spontaneous ventilation
17198
17299
173-may be inadequate; and (4) cardiovascular function is usually
174-maintained.
175-"General anesthesia" means a drug-induced loss of
176-consciousness during which: (1) patients are not arousable,
177-even by painful stimulation; (2) the ability to independently
178-maintain ventilatory function is often impaired; (3) patients
179-often require assistance in maintaining airways and positive
180-pressure ventilation may be required because of depressed
181-spontaneous ventilation or drug-induced depression of
182-neuromuscular function; and (4) cardiovascular function may be
183-impaired.
184-"Venipuncture" means the puncture of a vein as part of a
185-medical procedure, typically to withdraw a blood sample or for
186-an intravenous catheter for the administration of medication
187-or fluids.
188-"Enteral route of administration" means administration of
189-a drug that is absorbed through the gastrointestinal tract or
190-through oral, rectal, or sublingual mucosa.
191-"Parenteral route of administration" means administration
192-of a drug by which the drug bypasses the gastrointestinal
193-tract through intramuscular, intravenous, intranasal,
194-submucosal, subcutaneous, or intraosseous methods.
195-(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
196-102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
197-1-1-24; revised 12-15-23.)
100+
101+ SB2822 Enrolled - 3 - LRB103 36437 AWJ 66539 b
198102
199103
200-(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
201-(Section scheduled to be repealed on January 1, 2026)
202-Sec. 8.1. Permit for the administration of anesthesia and
203-sedation.
204-(a) No licensed dentist shall administer general
205-anesthesia, deep sedation, or moderate conscious sedation
206-without first applying for and obtaining a permit for such
207-purpose from the Department. The Department shall issue such
208-permit only after ascertaining that the applicant possesses
209-the minimum qualifications necessary to protect public safety.
210-A person with a dental degree who administers anesthesia, deep
211-sedation, or moderate conscious sedation in an approved
212-hospital training program under the supervision of either a
213-licensed dentist holding such permit or a physician licensed
214-to practice medicine in all its branches shall not be required
215-to obtain such permit.
216-(b) The minimum requirements for a permit to administer
217-moderate sedation issued after the effective date of this
218-amendatory Act of the 103rd General Assembly shall include the
219-completion of a minimum of 75 hours of didactic and supervised
220-clinical study in either:
221-(1) an American Dental Association Commission on
222-Dental Accreditation accredited dental specialty program,
223-general practice residency, or advanced education in
224-general dentistry residency that includes training and
225-documentation in moderate sedation techniques appropriate
104+SB2822 Enrolled- 4 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 4 - LRB103 36437 AWJ 66539 b
105+ SB2822 Enrolled - 4 - LRB103 36437 AWJ 66539 b
106+1 radiology, and dental anesthesiology.
107+2 "Specialist" means a dentist who has received a specialty
108+3 license pursuant to Section 11(b).
109+4 "Dental technician" means a person who owns, operates, or
110+5 is employed by a dental laboratory and engages in making,
111+6 providing, repairing, or altering dental prosthetic appliances
112+7 and other artificial materials and devices which are returned
113+8 to a dentist for insertion into the human oral cavity or which
114+9 come in contact with its adjacent structures and tissues.
115+10 "Impaired dentist" or "impaired dental hygienist" means a
116+11 dentist or dental hygienist who is unable to practice with
117+12 reasonable skill and safety because of a physical or mental
118+13 disability as evidenced by a written determination or written
119+14 consent based on clinical evidence, including deterioration
120+15 through the aging process, loss of motor skills, abuse of
121+16 drugs or alcohol, or a psychiatric disorder, of sufficient
122+17 degree to diminish the person's ability to deliver competent
123+18 patient care.
124+19 "Nurse" means a registered professional nurse, a certified
125+20 registered nurse anesthetist licensed as an advanced practice
126+21 registered nurse, or a licensed practical nurse licensed under
127+22 the Nurse Practice Act.
128+23 "Patient of record" means a patient for whom the patient's
129+24 most recent dentist has obtained a relevant medical and dental
130+25 history and on whom the dentist has performed an examination
131+26 and evaluated the condition to be treated.
226132
227133
228-for each specialty or an American Dental Association
229-Commission on Dental Accreditation accredited dental
230-anesthesiology residency program and proof of completion
231-of 20 individually managed patients utilizing appropriate
232-routes of administration, in which the applicant is the
233-sole provider, which can include, but are not limited to,
234-intravenous, oral, intranasal, or intramuscular or
235-combinations thereof; or
236-(2) a structured course of study provided by an
237-approved continuing education provider that includes
238-training and documentation in moderate sedation, physical
239-evaluation, venipuncture, advanced airway management,
240-technical administration, recognition and management of
241-complications and emergencies and monitoring with
242-additional supervised experience and documentation
243-demonstrating competence in providing moderate sedation
244-utilizing enteral and parenteral routes of administration
245-of medications to competency to 20 individual patient
246-experiences on a 1 to 1 ratio with an instructor, in which
247-the applicant is the sole provider of sedation over a
248-continuous time frame as set by the Department and as
249-provided in the American Dental Association's Guidelines
250-for Teaching Pain Control and Sedation to Dentists and
251-Dental Students.
252-(b-5) The minimum requirements for a permit to administer
253-deep sedation and general anesthesia issued after the
254134
255135
256-effective date of this amendatory Act of the 103rd General
257-Assembly shall include:
258-(1) the completion of a minimum of 2 years of advanced
259-training in anesthesiology beyond the pre-doctoral level
260-in a training program approved by the American Dental
261-Association's Council on Dental Education and Licensure,
262-as outlined in Guidelines for Teaching Pain Control and
263-Sedation to Dentists and Dental Students, as published by
264-the American Dental Association's Council on Dental
265-Education and Licensure;
266-(2) a specialty license in oral and maxillofacial
267-surgery;
268-(3) completion of an accredited oral or maxillofacial
269-surgery residency program; or
270-(4) the completion of an American Dental Association
271-Commission on Dental Accreditation accredited dental
272-anesthesiology residency program.
273-(b-10) The Department may establish, by rule, additional
274-training programs and training requirements consistent with
275-this Section to ensure patient safety in dental offices
276-administering anesthesia, which shall include, but not be
277-limited to the following In determining the minimum permit
278-qualifications that are necessary to protect public safety,
279-the Department, by rule, shall:
280-(1) (blank); establish the minimum educational and
281-training requirements necessary for a dentist to be issued
136+
137+ SB2822 Enrolled - 4 - LRB103 36437 AWJ 66539 b
282138
283139
284-an appropriate permit;
285-(2) establish the standards for properly equipped
286-dental facilities (other than licensed hospitals and
287-ambulatory surgical treatment centers) in which general
288-anesthesia, deep sedation, or moderate conscious sedation
289-is administered, as necessary to protect public safety;
290-(3) establish minimum requirements for all persons who
291-assist the dentist in the administration of general
292-anesthesia, deep sedation, or moderate conscious sedation,
293-including minimum training requirements for each member of
294-the dental team, monitoring requirements, recordkeeping
295-requirements, and emergency procedures;
296-(4) ensure that the dentist has completed and
297-maintains current certification in advanced cardiac life
298-support or pediatric advanced life support and all persons
299-assisting the dentist or monitoring the administration of
300-general anesthesia, deep sedation, or moderate conscious
301-sedation maintain current certification in Basic Life
302-Support (BLS); and
303-(5) establish continuing education requirements in
304-sedation techniques and airway management for dentists who
305-possess a permit under this Section.
306-The Department shall adopt rules that ensure that a
307-continuing education course designed to meet the permit
308-requirements for moderate sedation training is reviewed and
309-certified by the Department if the course is not accredited by
140+SB2822 Enrolled- 5 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 5 - LRB103 36437 AWJ 66539 b
141+ SB2822 Enrolled - 5 - LRB103 36437 AWJ 66539 b
142+1 "Dental responder" means a dentist or dental hygienist who
143+2 is appropriately certified in disaster preparedness,
144+3 immunizations, and dental humanitarian medical response
145+4 consistent with the Society of Disaster Medicine and Public
146+5 Health and training certified by the National Incident
147+6 Management System or the National Disaster Life Support
148+7 Foundation.
149+8 "Mobile dental van or portable dental unit" means any
150+9 self-contained or portable dental unit in which dentistry is
151+10 practiced that can be moved, towed, or transported from one
152+11 location to another in order to establish a location where
153+12 dental services can be provided.
154+13 "Public health dental hygienist" means a hygienist who
155+14 holds a valid license to practice in the State, has 2 years of
156+15 full-time clinical experience or an equivalent of 4,000 hours
157+16 of clinical experience, and has completed at least 42 clock
158+17 hours of additional structured courses in dental education in
159+18 advanced areas specific to public health dentistry.
160+19 "Public health setting" means a federally qualified health
161+20 center; a federal, State, or local public health facility;
162+21 Head Start; a special supplemental nutrition program for
163+22 Women, Infants, and Children (WIC) facility; a certified
164+23 school-based health center or school-based oral health
165+24 program; a prison; or a long-term care facility.
166+25 "Public health supervision" means the supervision of a
167+26 public health dental hygienist by a licensed dentist who has a
310168
311169
312-the American Dental Association Commission on Dental
313-Accreditation.
314-When establishing requirements under this Section, the
315-Department shall consider the current American Dental
316-Association guidelines on sedation and general anesthesia, the
317-current "Guidelines for Monitoring and Management of Pediatric
318-Patients During and After Sedation for Diagnostic and
319-Therapeutic Procedures" established by the American Academy of
320-Pediatrics and the American Academy of Pediatric Dentistry,
321-and the current parameters of care and Office Anesthesia
322-Evaluation (OAE) Manual established by the American
323-Association of Oral and Maxillofacial Surgeons.
324-(c) A licensed dentist must hold an appropriate permit
325-issued under this Section in order to perform dentistry while
326-a nurse anesthetist administers moderate conscious sedation,
327-and a valid written collaborative agreement must exist between
328-the dentist and the nurse anesthetist, in accordance with the
329-Nurse Practice Act.
330-A licensed dentist must hold an appropriate permit issued
331-under this Section in order to perform dentistry while a nurse
332-anesthetist administers deep sedation or general anesthesia,
333-and a valid written collaborative agreement must exist between
334-the dentist and the nurse anesthetist, in accordance with the
335-Nurse Practice Act.
336-For the purposes of this subsection (c), "nurse
337-anesthetist" means a licensed certified registered nurse
338170
339171
340-anesthetist who holds a license as an advanced practice
341-registered nurse.
342-(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
343-101-162, eff. 7-26-19.)
344-(225 ILCS 25/17)
345-(Section scheduled to be repealed on January 1, 2026)
346-Sec. 17. Acts constituting the practice of dentistry. A
347-person practices dentistry, within the meaning of this Act:
348-(1) Who represents himself or herself as being able to
349-diagnose or diagnoses, treats, prescribes, or operates for
350-any disease, pain, deformity, deficiency, injury, or
351-physical condition of the human tooth, teeth, alveolar
352-process, gums, or jaw; or
353-(2) Who is a manager, proprietor, operator, or
354-conductor of a business where dental operations are
355-performed; or
356-(3) Who performs dental operations of any kind; or
357-(4) Who uses an X-Ray machine or X-Ray films for
358-dental diagnostic purposes; or
359-(5) Who extracts a human tooth or teeth, or corrects
360-or attempts to correct malpositions of the human teeth or
361-jaws; or
362-(6) Who offers or undertakes, by any means or method,
363-to diagnose, treat, or remove stains, calculus, and
364-bonding materials from human teeth or jaws; or
172+
173+ SB2822 Enrolled - 5 - LRB103 36437 AWJ 66539 b
365174
366175
367-(7) Who uses or administers local or general
368-anesthetics in the treatment of dental or oral diseases or
369-in any preparation incident to a dental operation of any
370-kind or character; or
371-(8) Who takes material or digital scans for final
372-impressions of the human tooth, teeth, or jaws or performs
373-any phase of any operation incident to the replacement of
374-a part of a tooth, a tooth, teeth, or associated tissues by
375-means of a filling, a crown, a bridge, a denture, or other
376-appliance; or
377-(9) Who offers to furnish, supply, construct,
378-reproduce, or repair, or who furnishes, supplies,
379-constructs, reproduces, or repairs, prosthetic dentures,
380-bridges, or other substitutes for natural teeth, to the
381-user or prospective user thereof; or
382-(10) Who instructs students on clinical matters or
383-performs any clinical operation included in the curricula
384-of recognized dental schools and colleges; or
385-(11) Who takes material or digital scans for final
386-impressions of human teeth or places his or her hands in
387-the mouth of any person for the purpose of applying teeth
388-whitening materials, or who takes impressions of human
389-teeth or places his or her hands in the mouth of any person
390-for the purpose of assisting in the application of teeth
391-whitening materials. A person does not practice dentistry
392-when he or she discloses to the consumer that he or she is
176+SB2822 Enrolled- 6 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 6 - LRB103 36437 AWJ 66539 b
177+ SB2822 Enrolled - 6 - LRB103 36437 AWJ 66539 b
178+1 written public health supervision agreement with that public
179+2 health dental hygienist while working in an approved facility
180+3 or program that allows the public health dental hygienist to
181+4 treat patients, without a dentist first examining the patient
182+5 and being present in the facility during treatment, (1) who
183+6 are eligible for Medicaid or (2) who are uninsured or whose
184+7 household income is not greater than 300% of the federal
185+8 poverty level.
186+9 "Teledentistry" means the use of telehealth systems and
187+10 methodologies in dentistry and includes patient care and
188+11 education delivery using synchronous and asynchronous
189+12 communications under a dentist's authority as provided under
190+13 this Act.
191+14 "Moderate sedation" means a drug-induced depression of
192+15 consciousness during which: (1) patients respond purposefully
193+16 to verbal commands, either alone or accompanied by light
194+17 tactile stimulation; (2) no interventions are required to
195+18 maintain a patient's airway and spontaneous ventilation is
196+19 adequate; and (3) cardiovascular function is usually
197+20 maintained.
198+21 "Deep sedation" means a drug-induced depression of
199+22 consciousness during which: (1) patients cannot be easily
200+23 aroused, but respond purposefully following repeated or
201+24 painful stimulation; (2) the ability to independently maintain
202+25 ventilatory function may be impaired; (3) patients may require
203+26 assistance in maintaining airways and spontaneous ventilation
393204
394205
395-not licensed as a dentist under this Act and (i) discusses
396-the use of teeth whitening materials with a consumer
397-purchasing these materials; (ii) provides instruction on
398-the use of teeth whitening materials with a consumer
399-purchasing these materials; or (iii) provides appropriate
400-equipment on-site to the consumer for the consumer to
401-self-apply teeth whitening materials.
402-The fact that any person engages in or performs, or offers
403-to engage in or perform, any of the practices, acts, or
404-operations set forth in this Section, shall be prima facie
405-evidence that such person is engaged in the practice of
406-dentistry.
407-The following practices, acts, and operations, however,
408-are exempt from the operation of this Act:
409-(a) The rendering of dental relief in emergency cases
410-in the practice of his or her profession by a physician or
411-surgeon, licensed as such under the laws of this State,
412-unless he or she undertakes to reproduce or reproduces
413-lost parts of the human teeth in the mouth or to restore or
414-replace lost or missing teeth in the mouth; or
415-(b) The practice of dentistry in the discharge of
416-their official duties by dentists in any branch of the
417-Armed Services of the United States, the United States
418-Public Health Service, or the United States Veterans
419-Administration; or
420-(c) The practice of dentistry by students in their
421206
422207
423-course of study in dental schools or colleges approved by
424-the Department, when acting under the direction and
425-supervision of dentists acting as instructors; or
426-(d) The practice of dentistry by clinical instructors
427-in the course of their teaching duties in dental schools
428-or colleges approved by the Department:
429-(i) when acting under the direction and
430-supervision of dentists, provided that such clinical
431-instructors have instructed continuously in this State
432-since January 1, 1986; or
433-(ii) when holding the rank of full professor at
434-such approved dental school or college and possessing
435-a current valid license or authorization to practice
436-dentistry in another country; or
437-(e) The practice of dentistry by licensed dentists of
438-other states or countries at meetings of the Illinois
439-State Dental Society or component parts thereof, alumni
440-meetings of dental colleges, or any other like dental
441-organizations, while appearing as clinicians; or
442-(f) The use of X-Ray machines for exposing X-Ray films
443-of dental or oral tissues by dental hygienists or dental
444-assistants; or
445-(g) The performance of any dental service by a dental
446-assistant, if such service is performed under the
447-supervision and full responsibility of a dentist. In
448-addition, after being authorized by a dentist, a dental
208+
209+ SB2822 Enrolled - 6 - LRB103 36437 AWJ 66539 b
449210
450211
451-assistant may, for the purpose of eliminating pain or
452-discomfort, remove loose, broken, or irritating
453-orthodontic appliances on a patient of record.
454-For purposes of this paragraph (g), "dental service"
455-is defined to mean any intraoral procedure or act which
456-shall be prescribed by rule or regulation of the
457-Department. "Dental service", however, shall not include:
458-(1) Any and all diagnosis of or prescription for
459-treatment of disease, pain, deformity, deficiency,
460-injury, or physical condition of the human teeth or
461-jaws, or adjacent structures.
462-(2) Removal of, restoration of, or addition to the
463-hard or soft tissues of the oral cavity, except for the
464-placing, carving, and finishing of amalgam
465-restorations and placing, packing, and finishing
466-composite restorations by dental assistants who have
467-had additional formal education and certification.
468-A dental assistant may place, carve, and finish
469-amalgam restorations, place, pack, and finish
470-composite restorations, and place interim restorations
471-if he or she (A) has successfully completed a
472-structured training program as described in item (2)
473-of subsection (g) provided by an educational
474-institution accredited by the Commission on Dental
475-Accreditation, such as a dental school or dental
476-hygiene or dental assistant program, or (B) has at
212+SB2822 Enrolled- 7 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 7 - LRB103 36437 AWJ 66539 b
213+ SB2822 Enrolled - 7 - LRB103 36437 AWJ 66539 b
214+1 may be inadequate; and (4) cardiovascular function is usually
215+2 maintained.
216+3 "General anesthesia" means a drug-induced loss of
217+4 consciousness during which: (1) patients are not arousable,
218+5 even by painful stimulation; (2) the ability to independently
219+6 maintain ventilatory function is often impaired; (3) patients
220+7 often require assistance in maintaining airways and positive
221+8 pressure ventilation may be required because of depressed
222+9 spontaneous ventilation or drug-induced depression of
223+10 neuromuscular function; and (4) cardiovascular function may be
224+11 impaired.
225+12 "Venipuncture" means the puncture of a vein as part of a
226+13 medical procedure, typically to withdraw a blood sample or for
227+14 an intravenous catheter for the administration of medication
228+15 or fluids.
229+16 "Enteral route of administration" means administration of
230+17 a drug that is absorbed through the gastrointestinal tract or
231+18 through oral, rectal, or sublingual mucosa.
232+19 "Parenteral route of administration" means administration
233+20 of a drug by which the drug bypasses the gastrointestinal
234+21 tract through intramuscular, intravenous, intranasal,
235+22 submucosal, subcutaneous, or intraosseous methods.
236+23 (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
237+24 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
238+25 1-1-24; revised 12-15-23.)
477239
478240
479-least 4,000 hours of direct clinical patient care
480-experience and has successfully completed a structured
481-training program as described in item (2) of
482-subsection (g) provided by a statewide dental
483-association, approved by the Department to provide
484-continuing education, that has developed and conducted
485-training programs for expanded functions for dental
486-assistants or hygienists. The training program must:
487-(i) include a minimum of 16 hours of didactic study and
488-14 hours of clinical manikin instruction; all training
489-programs shall include areas of study in nomenclature,
490-caries classifications, oral anatomy, periodontium,
491-basic occlusion, instrumentations, pulp protection
492-liners and bases, dental materials, matrix and wedge
493-techniques, amalgam placement and carving, rubber dam
494-clamp placement, and rubber dam placement and removal;
495-(ii) include an outcome assessment examination that
496-demonstrates competency; (iii) require the supervising
497-dentist to observe and approve the completion of 8
498-amalgam or composite restorations; and (iv) issue a
499-certificate of completion of the training program,
500-which must be kept on file at the dental office and be
501-made available to the Department upon request. A
502-dental assistant must have successfully completed an
503-approved coronal polishing and dental sealant course
504-prior to taking the amalgam and composite restoration
505241
506242
507-course.
508-A dentist utilizing dental assistants shall not
509-supervise more than 4 dental assistants at any one
510-time for placing, carving, and finishing of amalgam
511-restorations or for placing, packing, and finishing
512-composite restorations.
513-(3) Any and all correction of malformation of
514-teeth or of the jaws.
515-(4) Administration of anesthetics, except for
516-monitoring of nitrous oxide, moderate conscious
517-sedation, deep sedation, and general anesthetic as
518-provided in Section 8.1 of this Act, that may be
519-performed only after successful completion of a
520-training program approved by the Department. A dentist
521-utilizing dental assistants shall not supervise more
522-than 4 dental assistants at any one time for the
523-monitoring of nitrous oxide.
524-(5) Removal of calculus from human teeth.
525-(6) Taking of material or digital scans for final
526-impressions for the fabrication of prosthetic
527-appliances, crowns, bridges, inlays, onlays, or other
528-restorative or replacement dentistry.
529-(7) The operative procedure of dental hygiene
530-consisting of oral prophylactic procedures, except for
531-coronal polishing and pit and fissure sealants, which
532-may be performed by a dental assistant who has
243+
244+ SB2822 Enrolled - 7 - LRB103 36437 AWJ 66539 b
533245
534246
535-successfully completed a training program approved by
536-the Department. Dental assistants may perform coronal
537-polishing under the following circumstances: (i) the
538-coronal polishing shall be limited to polishing the
539-clinical crown of the tooth and existing restorations,
540-supragingivally; (ii) the dental assistant performing
541-the coronal polishing shall be limited to the use of
542-rotary instruments using a rubber cup or brush
543-polishing method (air polishing is not permitted); and
544-(iii) the supervising dentist shall not supervise more
545-than 4 dental assistants at any one time for the task
546-of coronal polishing or pit and fissure sealants.
547-In addition to coronal polishing and pit and
548-fissure sealants as described in this item (7), a
549-dental assistant who has at least 2,000 hours of
550-direct clinical patient care experience and who has
551-successfully completed a structured training program
552-provided by (1) an educational institution including,
553-but not limited to, a dental school or dental hygiene
554-or dental assistant program, (2) a continuing
555-education provider approved by the Department, or (3)
556-a statewide dental or dental hygienist association
557-that has developed and conducted a training program
558-for expanded functions for dental assistants or
559-hygienists may perform: (A) coronal scaling above the
560-gum line, supragingivally, on the clinical crown of
247+SB2822 Enrolled- 8 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 8 - LRB103 36437 AWJ 66539 b
248+ SB2822 Enrolled - 8 - LRB103 36437 AWJ 66539 b
249+1 (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
250+2 (Section scheduled to be repealed on January 1, 2026)
251+3 Sec. 8.1. Permit for the administration of anesthesia and
252+4 sedation.
253+5 (a) No licensed dentist shall administer general
254+6 anesthesia, deep sedation, or moderate conscious sedation
255+7 without first applying for and obtaining a permit for such
256+8 purpose from the Department. The Department shall issue such
257+9 permit only after ascertaining that the applicant possesses
258+10 the minimum qualifications necessary to protect public safety.
259+11 A person with a dental degree who administers anesthesia, deep
260+12 sedation, or moderate conscious sedation in an approved
261+13 hospital training program under the supervision of either a
262+14 licensed dentist holding such permit or a physician licensed
263+15 to practice medicine in all its branches shall not be required
264+16 to obtain such permit.
265+17 (b) The minimum requirements for a permit to administer
266+18 moderate sedation issued after the effective date of this
267+19 amendatory Act of the 103rd General Assembly shall include the
268+20 completion of a minimum of 75 hours of didactic and supervised
269+21 clinical study in either:
270+22 (1) an American Dental Association Commission on
271+23 Dental Accreditation accredited dental specialty program,
272+24 general practice residency, or advanced education in
273+25 general dentistry residency that includes training and
274+26 documentation in moderate sedation techniques appropriate
561275
562276
563-the tooth only on patients 17 years of age or younger
564-who have an absence of periodontal disease and who are
565-not medically compromised or individuals with special
566-needs and (B) intracoronal temporization of a tooth.
567-The training program must: (I) include a minimum of 32
568-hours of instruction in both didactic and clinical
569-manikin or human subject instruction; all training
570-programs shall include areas of study in dental
571-anatomy, public health dentistry, medical history,
572-dental emergencies, and managing the pediatric
573-patient; (II) include an outcome assessment
574-examination that demonstrates competency; (III)
575-require the supervising dentist to observe and approve
576-the completion of 6 full mouth supragingival scaling
577-procedures unless the training was received as part of
578-a Commission on Dental Accreditation approved dental
579-assistant program; and (IV) issue a certificate of
580-completion of the training program, which must be kept
581-on file at the dental office and be made available to
582-the Department upon request. A dental assistant must
583-have successfully completed an approved coronal
584-polishing course prior to taking the coronal scaling
585-course. A dental assistant performing these functions
586-shall be limited to the use of hand instruments only.
587-In addition, coronal scaling as described in this
588-paragraph shall only be utilized on patients who are
589277
590278
591-eligible for Medicaid, who are uninsured, or whose
592-household income is not greater than 300% of the
593-federal poverty level. A dentist may not supervise
594-more than 2 dental assistants at any one time for the
595-task of coronal scaling. This paragraph is inoperative
596-on and after January 1, 2026.
597-The limitations on the number of dental assistants a
598-dentist may supervise contained in items (2), (4), and (7)
599-of this paragraph (g) mean a limit of 4 total dental
600-assistants or dental hygienists doing expanded functions
601-covered by these Sections being supervised by one dentist;
602-or
603-(h) The practice of dentistry by an individual who:
604-(i) has applied in writing to the Department, in
605-form and substance satisfactory to the Department, for
606-a general dental license and has complied with all
607-provisions of Section 9 of this Act, except for the
608-passage of the examination specified in subsection (e)
609-of Section 9 of this Act; or
610-(ii) has applied in writing to the Department, in
611-form and substance satisfactory to the Department, for
612-a temporary dental license and has complied with all
613-provisions of subsection (c) of Section 11 of this
614-Act; and
615-(iii) has been accepted or appointed for specialty
616-or residency training by a hospital situated in this
279+
280+ SB2822 Enrolled - 8 - LRB103 36437 AWJ 66539 b
617281
618282
619-State; or
620-(iv) has been accepted or appointed for specialty
621-training in an approved dental program situated in
622-this State; or
623-(v) has been accepted or appointed for specialty
624-training in a dental public health agency situated in
625-this State.
626-The applicant shall be permitted to practice dentistry
627-for a period of 3 months from the starting date of the
628-program, unless authorized in writing by the Department to
629-continue such practice for a period specified in writing
630-by the Department.
631-The applicant shall only be entitled to perform such
632-acts as may be prescribed by and incidental to his or her
633-program of residency or specialty training and shall not
634-otherwise engage in the practice of dentistry in this
635-State.
636-The authority to practice shall terminate immediately
637-upon:
638-(1) the decision of the Department that the
639-applicant has failed the examination; or
640-(2) denial of licensure by the Department; or
641-(3) withdrawal of the application.
642-(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
643-103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
283+SB2822 Enrolled- 9 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 9 - LRB103 36437 AWJ 66539 b
284+ SB2822 Enrolled - 9 - LRB103 36437 AWJ 66539 b
285+1 for each specialty or an American Dental Association
286+2 Commission on Dental Accreditation accredited dental
287+3 anesthesiology residency program and proof of completion
288+4 of 20 individually managed patients utilizing appropriate
289+5 routes of administration, in which the applicant is the
290+6 sole provider, which can include, but are not limited to,
291+7 intravenous, oral, intranasal, or intramuscular or
292+8 combinations thereof; or
293+9 (2) a structured course of study provided by an
294+10 approved continuing education provider that includes
295+11 training and documentation in moderate sedation, physical
296+12 evaluation, venipuncture, advanced airway management,
297+13 technical administration, recognition and management of
298+14 complications and emergencies and monitoring with
299+15 additional supervised experience and documentation
300+16 demonstrating competence in providing moderate sedation
301+17 utilizing enteral and parenteral routes of administration
302+18 of medications to competency to 20 individual patient
303+19 experiences on a 1 to 1 ratio with an instructor, in which
304+20 the applicant is the sole provider of sedation over a
305+21 continuous time frame as set by the Department and as
306+22 provided in the American Dental Association's Guidelines
307+23 for Teaching Pain Control and Sedation to Dentists and
308+24 Dental Students.
309+25 (b-5) The minimum requirements for a permit to administer
310+26 deep sedation and general anesthesia issued after the
644311
645312
646-(225 ILCS 25/19.2)
647-(Section scheduled to be repealed on January 1, 2026)
648-Sec. 19.2. Temporary permit for free dental care.
649-(a) Upon Board recommendation, the Department may issue a
650-temporary permit authorizing the practice in this State,
651-without compensation, of dentistry to an applicant who is
652-licensed to practice dentistry in another state, if all of the
653-following apply:
654-(1) the Department determines that the applicant's
655-services will improve the welfare of Illinois residents
656-who are eligible for Medicaid or who are uninsured and
657-whose household income is not greater than 200% of the
658-federal poverty level;
659-(2) the applicant has graduated from a dental program
660-approved by the American Dental Association's Commission
661-on Dental Accreditation and maintains an equivalent
662-authorization to practice dentistry in good standing in
663-his or her native licensing jurisdiction during the period
664-of the temporary visiting dentist permit and can furnish
665-the Department a certified letter upon request from that
666-jurisdiction attesting to the fact that the applicant has
667-no pending action or violations against his or her
668-license;
669-(3) the applicant has received an invitation to
670-perform dental care by a charitable organization or has
671-received an invitation to study or receive training on
672313
673314
674-specific dental or clinical subjects or techniques by a
675-licensed continuing education sponsor who is approved by
676-the Department to provide clinical training in the State
677-of Illinois on patients for the welfare of Illinois
678-residents pursuant to subsection (a-5) and is in
679-compliance with the provisions of this Act;
680-(4) the applicant will be working pursuant to a
681-collaborative agreement with and under the direct
682-supervision of an Illinois licensed dentist, who is in
683-good standing, during the duration of the program. The
684-supervising dentist must be physically present during all
685-clinical training courses; and
686-(5) payment of a fee established by rule.
687-The Department may adopt rules to implement this
688-subsection.
689-(a-5) Upon Board recommendation, after the filing of an
690-application, the Department may allow approved continuing
691-education sponsors to be licensed to provide live patient
692-continuing education clinical training courses if the
693-following requirements are met:
694-(1) the continuing education course provides services,
695-without compensation, that will improve the welfare of
696-Illinois residents as described in paragraph (1) of
697-subsection (a). The application to the Board must include
698-the following information for review and approval by the
699-Department:
315+
316+ SB2822 Enrolled - 9 - LRB103 36437 AWJ 66539 b
700317
701318
702-(i) a plan of follow-up care and training models;
703-(ii) any and all documentation to be signed by the
704-patients, including, but not limited to, waivers,
705-consent forms, and releases;
706-(iii) information related to the facilities being
707-utilized, staffing plans, and emergency plans;
708-(iv) the process by which patients will be
709-contacted before, during, and after treatment;
710-(v) the intended population that will be receiving
711-treatment; and
712-(vi) proof of valid malpractice insurance for the
713-approved continuing education sponsor that extends
714-coverage to clinical staff, trainees, and out-of-state
715-permit holders that meet the requirements of
716-subsection (a);
717-(2) a valid written collaborative agreement must exist
718-between the temporary visiting dentist and the Illinois
719-licensed dentist co-treating patients under this Section.
720-The collaborative agreement must include a description of
721-the care to be provided and procedures to be performed by
722-the temporary visiting dentist. There shall be no more
723-than 5 trainees per supervising dentist. A copy of this
724-agreement shall become part of the patient's dental record
725-and shall be made available upon request to the
726-Department; and
727-(3) payment of a fee established by rule.
319+SB2822 Enrolled- 10 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 10 - LRB103 36437 AWJ 66539 b
320+ SB2822 Enrolled - 10 - LRB103 36437 AWJ 66539 b
321+1 effective date of this amendatory Act of the 103rd General
322+2 Assembly shall include:
323+3 (1) the completion of a minimum of 2 years of advanced
324+4 training in anesthesiology beyond the pre-doctoral level
325+5 in a training program approved by the American Dental
326+6 Association's Council on Dental Education and Licensure,
327+7 as outlined in Guidelines for Teaching Pain Control and
328+8 Sedation to Dentists and Dental Students, as published by
329+9 the American Dental Association's Council on Dental
330+10 Education and Licensure;
331+11 (2) a specialty license in oral and maxillofacial
332+12 surgery;
333+13 (3) completion of an accredited oral or maxillofacial
334+14 surgery residency program; or
335+15 (4) the completion of an American Dental Association
336+16 Commission on Dental Accreditation accredited dental
337+17 anesthesiology residency program.
338+18 (b-10) The Department may establish, by rule, additional
339+19 training programs and training requirements consistent with
340+20 this Section to ensure patient safety in dental offices
341+21 administering anesthesia, which shall include, but not be
342+22 limited to the following In determining the minimum permit
343+23 qualifications that are necessary to protect public safety,
344+24 the Department, by rule, shall:
345+25 (1) (blank); establish the minimum educational and
346+26 training requirements necessary for a dentist to be issued
728347
729348
730-A continuing education sponsor license issued under this
731-Section shall be valid for a period of time as provided by
732-rule.
733-The Department shall adopt rules to implement this
734-subsection.
735-(b) (Blank).
736-(c) A temporary permit shall be valid for no longer than 5
737-consecutive clinical days within 6 months from the date of
738-issuance. The temporary permit may be issued once per year to a
739-visiting dentist. Temporary permits under subsection (a) may
740-be restored no more than one time within 5 years of the initial
741-permits issuance. The Department may require an applicant to
742-pay a fee for the issuance or restoration of a permit under
743-this Section.
744-(d) (Blank).
745-(e) The temporary permit shall only permit the holder to
746-practice dentistry within the scope of the dental studies and
747-in conjunction with one of the following:
748-(1) the charitable organization; or
749-(2) a continuing education program provided by a
750-continuing education sponsor approved by the Department
751-pursuant to this Section that the permit holder is
752-attending.
753-(f) The temporary visiting dentist may not administer
754-moderate conscious sedation, deep sedation, or general
755-anesthesia.
756349
757350
758-(g) A patient who seeks treatment from a temporary
759-visiting dentist must sign a consent form acknowledging that
760-the care the patient will receive will be provided by a dentist
761-not licensed in the State of Illinois and that the Illinois
762-licensed dentist who has the collaborative agreement with the
763-temporary visiting dentist will be responsible for all the
764-follow-up care associated with the treatment rendered to the
765-patient.
766-(h) An application for the temporary permit shall be made
767-to the Department in writing on forms prescribed by the
768-Department and shall be accompanied by a nonrefundable fee
769-established by rule.
770-(i) An applicant for a temporary permit may be requested
771-to appear before the Board to respond to questions concerning
772-the applicant's qualifications to receive the permit. An
773-applicant's refusal to appear before the Board may be grounds
774-for denial of the application by the Department.
775-(j) The Secretary may summarily cancel any permit or
776-license issued pursuant to this Section without a hearing if
777-the Secretary finds that evidence in his or her possession
778-indicates that a continuing education sponsor licensed under
779-this Section or a temporary permit holder's continuation in
780-practice would constitute an imminent danger to the public or
781-violate any provision of this Act or its rules. If the
782-Secretary summarily cancels a permit or license issued
783-pursuant to this Section, the permit holder or licensee may
351+
352+ SB2822 Enrolled - 10 - LRB103 36437 AWJ 66539 b
784353
785354
786-petition the Department for a hearing in accordance with the
787-provisions of subsection (b) of Section 26 of this Act to
788-reinstate his or her permit or license.
789-(k) In addition to terminating any permit or license
790-issued pursuant to this Section, the Department may impose a
791-monetary penalty not to exceed $10,000 upon the temporary
792-permit holder or licensee and may notify any state in which the
793-temporary permit holder or licensee has been issued a license
794-that his or her Illinois permit or license has been terminated
795-and the reasons for the termination. The monetary penalty
796-shall be paid within 60 days after the effective date of the
797-order imposing the penalty. The order shall constitute a
798-judgment and may be filed and execution had thereon in the same
799-manner as any judgment from any court of record. It is the
800-intent of the General Assembly that a permit or license issued
801-pursuant to this Section shall be considered a privilege and
802-not a property right.
803-(Source: P.A. 102-582, eff. 1-1-22.)
804-(225 ILCS 25/45) (from Ch. 111, par. 2345)
805-(Section scheduled to be repealed on January 1, 2026)
806-Sec. 45. Advertising. The purpose of this Section is to
807-authorize and regulate the advertisement by dentists of
808-information which is intended to provide the public with a
809-sufficient basis upon which to make an informed selection of
810-dentists while protecting the public from false or misleading
355+SB2822 Enrolled- 11 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 11 - LRB103 36437 AWJ 66539 b
356+ SB2822 Enrolled - 11 - LRB103 36437 AWJ 66539 b
357+1 an appropriate permit;
358+2 (2) establish the standards for properly equipped
359+3 dental facilities (other than licensed hospitals and
360+4 ambulatory surgical treatment centers) in which general
361+5 anesthesia, deep sedation, or moderate conscious sedation
362+6 is administered, as necessary to protect public safety;
363+7 (3) establish minimum requirements for all persons who
364+8 assist the dentist in the administration of general
365+9 anesthesia, deep sedation, or moderate conscious sedation,
366+10 including minimum training requirements for each member of
367+11 the dental team, monitoring requirements, recordkeeping
368+12 requirements, and emergency procedures;
369+13 (4) ensure that the dentist has completed and
370+14 maintains current certification in advanced cardiac life
371+15 support or pediatric advanced life support and all persons
372+16 assisting the dentist or monitoring the administration of
373+17 general anesthesia, deep sedation, or moderate conscious
374+18 sedation maintain current certification in Basic Life
375+19 Support (BLS); and
376+20 (5) establish continuing education requirements in
377+21 sedation techniques and airway management for dentists who
378+22 possess a permit under this Section.
379+23 The Department shall adopt rules that ensure that a
380+24 continuing education course designed to meet the permit
381+25 requirements for moderate sedation training is reviewed and
382+26 certified by the Department if the course is not accredited by
811383
812384
813-advertisements which would detract from the fair and rational
814-selection process.
815-Any dentist may advertise the availability of dental
816-services in the public media or on the premises where such
817-dental services are rendered. Such advertising shall be
818-limited to the following information:
819-(a) The dental services available;
820-(b) Publication of the dentist's name, title, office
821-hours, address and telephone;
822-(c) Information pertaining to his or her area of
823-specialization, including appropriate board certification
824-or limitation of professional practice;
825-(d) Information on usual and customary fees for
826-routine dental services offered, which information shall
827-include notification that fees may be adjusted due to
828-complications or unforeseen circumstances;
829-(e) Announcement of the opening of, change of, absence
830-from, or return to business;
831-(f) Announcement of additions to or deletions from
832-professional dental staff;
833-(g) The issuance of business or appointment cards;
834-(h) Other information about the dentist, dentist's
835-practice or the types of dental services which the dentist
836-offers to perform which a reasonable person might regard
837-as relevant in determining whether to seek the dentist's
838-services. However, any advertisement which announces the
839385
840386
841-availability of endodontics, pediatric dentistry,
842-periodontics, prosthodontics, orthodontics and
843-dentofacial orthopedics, oral and maxillofacial surgery,
844-or oral and maxillofacial radiology by a general dentist
845-or by a licensed specialist who is not licensed in that
846-specialty shall include a disclaimer stating that the
847-dentist does not hold a license in that specialty.
848-Any dental practice with more than one location that
849-enrolls its dentist as a participating provider in a managed
850-care plan's network must verify electronically or in writing
851-to the managed care plan whether the provider is accepting new
852-patients at each of the specific locations listing the
853-provider. The health plan shall remove the provider from the
854-directory in accordance with standard practices within 10
855-business days after being notified of the changes by the
856-provider. Nothing in this paragraph shall void any contractual
857-relationship between the provider and the plan.
858-It is unlawful for any dentist licensed under this Act to
859-do any of the following:
860-(1) Use claims of superior quality of care to entice
861-the public.
862-(2) Advertise in any way to practice dentistry without
863-causing pain.
864-(3) Pay a fee to any dental referral service or other
865-third party who advertises a dental referral service,
866-unless all advertising of the dental referral service
387+
388+ SB2822 Enrolled - 11 - LRB103 36437 AWJ 66539 b
867389
868390
869-makes it clear that dentists are paying a fee for that
870-referral service.
871-(4) Advertise or offer gifts as an inducement to
872-secure dental patronage. Dentists may advertise or offer
873-free examinations or free dental services; it shall be
874-unlawful, however, for any dentist to charge a fee to any
875-new patient for any dental service provided at the time
876-that such free examination or free dental services are
877-provided.
878-(5) Use the term "sedation dentistry" or similar terms
879-in advertising unless the advertising dentist holds a
880-valid and current permit issued by the Department to
881-administer either general anesthesia, deep sedation, or
882-moderate conscious sedation as required under Section 8.1
883-of this Act.
884-This Act does not authorize the advertising of dental
885-services when the offeror of such services is not a dentist.
886-Nor shall the dentist use statements which contain false,
887-fraudulent, deceptive or misleading material or guarantees of
888-success, statements which play upon the vanity or fears of the
889-public, or statements which promote or produce unfair
890-competition.
891-A dentist shall be required to keep a copy of all
892-advertisements for a period of 3 years. All advertisements in
893-the dentist's possession shall indicate the accurate date and
894-place of publication.
391+SB2822 Enrolled- 12 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 12 - LRB103 36437 AWJ 66539 b
392+ SB2822 Enrolled - 12 - LRB103 36437 AWJ 66539 b
393+1 the American Dental Association Commission on Dental
394+2 Accreditation.
395+3 When establishing requirements under this Section, the
396+4 Department shall consider the current American Dental
397+5 Association guidelines on sedation and general anesthesia, the
398+6 current "Guidelines for Monitoring and Management of Pediatric
399+7 Patients During and After Sedation for Diagnostic and
400+8 Therapeutic Procedures" established by the American Academy of
401+9 Pediatrics and the American Academy of Pediatric Dentistry,
402+10 and the current parameters of care and Office Anesthesia
403+11 Evaluation (OAE) Manual established by the American
404+12 Association of Oral and Maxillofacial Surgeons.
405+13 (c) A licensed dentist must hold an appropriate permit
406+14 issued under this Section in order to perform dentistry while
407+15 a nurse anesthetist administers moderate conscious sedation,
408+16 and a valid written collaborative agreement must exist between
409+17 the dentist and the nurse anesthetist, in accordance with the
410+18 Nurse Practice Act.
411+19 A licensed dentist must hold an appropriate permit issued
412+20 under this Section in order to perform dentistry while a nurse
413+21 anesthetist administers deep sedation or general anesthesia,
414+22 and a valid written collaborative agreement must exist between
415+23 the dentist and the nurse anesthetist, in accordance with the
416+24 Nurse Practice Act.
417+25 For the purposes of this subsection (c), "nurse
418+26 anesthetist" means a licensed certified registered nurse
895419
896420
897-The Department shall adopt rules to carry out the intent
898-of this Section.
899-(Source: P.A. 99-329, eff. 1-1-16.)
421+
422+
423+
424+ SB2822 Enrolled - 12 - LRB103 36437 AWJ 66539 b
425+
426+
427+SB2822 Enrolled- 13 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 13 - LRB103 36437 AWJ 66539 b
428+ SB2822 Enrolled - 13 - LRB103 36437 AWJ 66539 b
429+1 anesthetist who holds a license as an advanced practice
430+2 registered nurse.
431+3 (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
432+4 101-162, eff. 7-26-19.)
433+5 (225 ILCS 25/17)
434+6 (Section scheduled to be repealed on January 1, 2026)
435+7 Sec. 17. Acts constituting the practice of dentistry. A
436+8 person practices dentistry, within the meaning of this Act:
437+9 (1) Who represents himself or herself as being able to
438+10 diagnose or diagnoses, treats, prescribes, or operates for
439+11 any disease, pain, deformity, deficiency, injury, or
440+12 physical condition of the human tooth, teeth, alveolar
441+13 process, gums, or jaw; or
442+14 (2) Who is a manager, proprietor, operator, or
443+15 conductor of a business where dental operations are
444+16 performed; or
445+17 (3) Who performs dental operations of any kind; or
446+18 (4) Who uses an X-Ray machine or X-Ray films for
447+19 dental diagnostic purposes; or
448+20 (5) Who extracts a human tooth or teeth, or corrects
449+21 or attempts to correct malpositions of the human teeth or
450+22 jaws; or
451+23 (6) Who offers or undertakes, by any means or method,
452+24 to diagnose, treat, or remove stains, calculus, and
453+25 bonding materials from human teeth or jaws; or
454+
455+
456+
457+
458+
459+ SB2822 Enrolled - 13 - LRB103 36437 AWJ 66539 b
460+
461+
462+SB2822 Enrolled- 14 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 14 - LRB103 36437 AWJ 66539 b
463+ SB2822 Enrolled - 14 - LRB103 36437 AWJ 66539 b
464+1 (7) Who uses or administers local or general
465+2 anesthetics in the treatment of dental or oral diseases or
466+3 in any preparation incident to a dental operation of any
467+4 kind or character; or
468+5 (8) Who takes material or digital scans for final
469+6 impressions of the human tooth, teeth, or jaws or performs
470+7 any phase of any operation incident to the replacement of
471+8 a part of a tooth, a tooth, teeth, or associated tissues by
472+9 means of a filling, a crown, a bridge, a denture, or other
473+10 appliance; or
474+11 (9) Who offers to furnish, supply, construct,
475+12 reproduce, or repair, or who furnishes, supplies,
476+13 constructs, reproduces, or repairs, prosthetic dentures,
477+14 bridges, or other substitutes for natural teeth, to the
478+15 user or prospective user thereof; or
479+16 (10) Who instructs students on clinical matters or
480+17 performs any clinical operation included in the curricula
481+18 of recognized dental schools and colleges; or
482+19 (11) Who takes material or digital scans for final
483+20 impressions of human teeth or places his or her hands in
484+21 the mouth of any person for the purpose of applying teeth
485+22 whitening materials, or who takes impressions of human
486+23 teeth or places his or her hands in the mouth of any person
487+24 for the purpose of assisting in the application of teeth
488+25 whitening materials. A person does not practice dentistry
489+26 when he or she discloses to the consumer that he or she is
490+
491+
492+
493+
494+
495+ SB2822 Enrolled - 14 - LRB103 36437 AWJ 66539 b
496+
497+
498+SB2822 Enrolled- 15 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 15 - LRB103 36437 AWJ 66539 b
499+ SB2822 Enrolled - 15 - LRB103 36437 AWJ 66539 b
500+1 not licensed as a dentist under this Act and (i) discusses
501+2 the use of teeth whitening materials with a consumer
502+3 purchasing these materials; (ii) provides instruction on
503+4 the use of teeth whitening materials with a consumer
504+5 purchasing these materials; or (iii) provides appropriate
505+6 equipment on-site to the consumer for the consumer to
506+7 self-apply teeth whitening materials.
507+8 The fact that any person engages in or performs, or offers
508+9 to engage in or perform, any of the practices, acts, or
509+10 operations set forth in this Section, shall be prima facie
510+11 evidence that such person is engaged in the practice of
511+12 dentistry.
512+13 The following practices, acts, and operations, however,
513+14 are exempt from the operation of this Act:
514+15 (a) The rendering of dental relief in emergency cases
515+16 in the practice of his or her profession by a physician or
516+17 surgeon, licensed as such under the laws of this State,
517+18 unless he or she undertakes to reproduce or reproduces
518+19 lost parts of the human teeth in the mouth or to restore or
519+20 replace lost or missing teeth in the mouth; or
520+21 (b) The practice of dentistry in the discharge of
521+22 their official duties by dentists in any branch of the
522+23 Armed Services of the United States, the United States
523+24 Public Health Service, or the United States Veterans
524+25 Administration; or
525+26 (c) The practice of dentistry by students in their
526+
527+
528+
529+
530+
531+ SB2822 Enrolled - 15 - LRB103 36437 AWJ 66539 b
532+
533+
534+SB2822 Enrolled- 16 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 16 - LRB103 36437 AWJ 66539 b
535+ SB2822 Enrolled - 16 - LRB103 36437 AWJ 66539 b
536+1 course of study in dental schools or colleges approved by
537+2 the Department, when acting under the direction and
538+3 supervision of dentists acting as instructors; or
539+4 (d) The practice of dentistry by clinical instructors
540+5 in the course of their teaching duties in dental schools
541+6 or colleges approved by the Department:
542+7 (i) when acting under the direction and
543+8 supervision of dentists, provided that such clinical
544+9 instructors have instructed continuously in this State
545+10 since January 1, 1986; or
546+11 (ii) when holding the rank of full professor at
547+12 such approved dental school or college and possessing
548+13 a current valid license or authorization to practice
549+14 dentistry in another country; or
550+15 (e) The practice of dentistry by licensed dentists of
551+16 other states or countries at meetings of the Illinois
552+17 State Dental Society or component parts thereof, alumni
553+18 meetings of dental colleges, or any other like dental
554+19 organizations, while appearing as clinicians; or
555+20 (f) The use of X-Ray machines for exposing X-Ray films
556+21 of dental or oral tissues by dental hygienists or dental
557+22 assistants; or
558+23 (g) The performance of any dental service by a dental
559+24 assistant, if such service is performed under the
560+25 supervision and full responsibility of a dentist. In
561+26 addition, after being authorized by a dentist, a dental
562+
563+
564+
565+
566+
567+ SB2822 Enrolled - 16 - LRB103 36437 AWJ 66539 b
568+
569+
570+SB2822 Enrolled- 17 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 17 - LRB103 36437 AWJ 66539 b
571+ SB2822 Enrolled - 17 - LRB103 36437 AWJ 66539 b
572+1 assistant may, for the purpose of eliminating pain or
573+2 discomfort, remove loose, broken, or irritating
574+3 orthodontic appliances on a patient of record.
575+4 For purposes of this paragraph (g), "dental service"
576+5 is defined to mean any intraoral procedure or act which
577+6 shall be prescribed by rule or regulation of the
578+7 Department. "Dental service", however, shall not include:
579+8 (1) Any and all diagnosis of or prescription for
580+9 treatment of disease, pain, deformity, deficiency,
581+10 injury, or physical condition of the human teeth or
582+11 jaws, or adjacent structures.
583+12 (2) Removal of, restoration of, or addition to the
584+13 hard or soft tissues of the oral cavity, except for the
585+14 placing, carving, and finishing of amalgam
586+15 restorations and placing, packing, and finishing
587+16 composite restorations by dental assistants who have
588+17 had additional formal education and certification.
589+18 A dental assistant may place, carve, and finish
590+19 amalgam restorations, place, pack, and finish
591+20 composite restorations, and place interim restorations
592+21 if he or she (A) has successfully completed a
593+22 structured training program as described in item (2)
594+23 of subsection (g) provided by an educational
595+24 institution accredited by the Commission on Dental
596+25 Accreditation, such as a dental school or dental
597+26 hygiene or dental assistant program, or (B) has at
598+
599+
600+
601+
602+
603+ SB2822 Enrolled - 17 - LRB103 36437 AWJ 66539 b
604+
605+
606+SB2822 Enrolled- 18 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 18 - LRB103 36437 AWJ 66539 b
607+ SB2822 Enrolled - 18 - LRB103 36437 AWJ 66539 b
608+1 least 4,000 hours of direct clinical patient care
609+2 experience and has successfully completed a structured
610+3 training program as described in item (2) of
611+4 subsection (g) provided by a statewide dental
612+5 association, approved by the Department to provide
613+6 continuing education, that has developed and conducted
614+7 training programs for expanded functions for dental
615+8 assistants or hygienists. The training program must:
616+9 (i) include a minimum of 16 hours of didactic study and
617+10 14 hours of clinical manikin instruction; all training
618+11 programs shall include areas of study in nomenclature,
619+12 caries classifications, oral anatomy, periodontium,
620+13 basic occlusion, instrumentations, pulp protection
621+14 liners and bases, dental materials, matrix and wedge
622+15 techniques, amalgam placement and carving, rubber dam
623+16 clamp placement, and rubber dam placement and removal;
624+17 (ii) include an outcome assessment examination that
625+18 demonstrates competency; (iii) require the supervising
626+19 dentist to observe and approve the completion of 8
627+20 amalgam or composite restorations; and (iv) issue a
628+21 certificate of completion of the training program,
629+22 which must be kept on file at the dental office and be
630+23 made available to the Department upon request. A
631+24 dental assistant must have successfully completed an
632+25 approved coronal polishing and dental sealant course
633+26 prior to taking the amalgam and composite restoration
634+
635+
636+
637+
638+
639+ SB2822 Enrolled - 18 - LRB103 36437 AWJ 66539 b
640+
641+
642+SB2822 Enrolled- 19 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 19 - LRB103 36437 AWJ 66539 b
643+ SB2822 Enrolled - 19 - LRB103 36437 AWJ 66539 b
644+1 course.
645+2 A dentist utilizing dental assistants shall not
646+3 supervise more than 4 dental assistants at any one
647+4 time for placing, carving, and finishing of amalgam
648+5 restorations or for placing, packing, and finishing
649+6 composite restorations.
650+7 (3) Any and all correction of malformation of
651+8 teeth or of the jaws.
652+9 (4) Administration of anesthetics, except for
653+10 monitoring of nitrous oxide, moderate conscious
654+11 sedation, deep sedation, and general anesthetic as
655+12 provided in Section 8.1 of this Act, that may be
656+13 performed only after successful completion of a
657+14 training program approved by the Department. A dentist
658+15 utilizing dental assistants shall not supervise more
659+16 than 4 dental assistants at any one time for the
660+17 monitoring of nitrous oxide.
661+18 (5) Removal of calculus from human teeth.
662+19 (6) Taking of material or digital scans for final
663+20 impressions for the fabrication of prosthetic
664+21 appliances, crowns, bridges, inlays, onlays, or other
665+22 restorative or replacement dentistry.
666+23 (7) The operative procedure of dental hygiene
667+24 consisting of oral prophylactic procedures, except for
668+25 coronal polishing and pit and fissure sealants, which
669+26 may be performed by a dental assistant who has
670+
671+
672+
673+
674+
675+ SB2822 Enrolled - 19 - LRB103 36437 AWJ 66539 b
676+
677+
678+SB2822 Enrolled- 20 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 20 - LRB103 36437 AWJ 66539 b
679+ SB2822 Enrolled - 20 - LRB103 36437 AWJ 66539 b
680+1 successfully completed a training program approved by
681+2 the Department. Dental assistants may perform coronal
682+3 polishing under the following circumstances: (i) the
683+4 coronal polishing shall be limited to polishing the
684+5 clinical crown of the tooth and existing restorations,
685+6 supragingivally; (ii) the dental assistant performing
686+7 the coronal polishing shall be limited to the use of
687+8 rotary instruments using a rubber cup or brush
688+9 polishing method (air polishing is not permitted); and
689+10 (iii) the supervising dentist shall not supervise more
690+11 than 4 dental assistants at any one time for the task
691+12 of coronal polishing or pit and fissure sealants.
692+13 In addition to coronal polishing and pit and
693+14 fissure sealants as described in this item (7), a
694+15 dental assistant who has at least 2,000 hours of
695+16 direct clinical patient care experience and who has
696+17 successfully completed a structured training program
697+18 provided by (1) an educational institution including,
698+19 but not limited to, a dental school or dental hygiene
699+20 or dental assistant program, (2) a continuing
700+21 education provider approved by the Department, or (3)
701+22 a statewide dental or dental hygienist association
702+23 that has developed and conducted a training program
703+24 for expanded functions for dental assistants or
704+25 hygienists may perform: (A) coronal scaling above the
705+26 gum line, supragingivally, on the clinical crown of
706+
707+
708+
709+
710+
711+ SB2822 Enrolled - 20 - LRB103 36437 AWJ 66539 b
712+
713+
714+SB2822 Enrolled- 21 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 21 - LRB103 36437 AWJ 66539 b
715+ SB2822 Enrolled - 21 - LRB103 36437 AWJ 66539 b
716+1 the tooth only on patients 17 years of age or younger
717+2 who have an absence of periodontal disease and who are
718+3 not medically compromised or individuals with special
719+4 needs and (B) intracoronal temporization of a tooth.
720+5 The training program must: (I) include a minimum of 32
721+6 hours of instruction in both didactic and clinical
722+7 manikin or human subject instruction; all training
723+8 programs shall include areas of study in dental
724+9 anatomy, public health dentistry, medical history,
725+10 dental emergencies, and managing the pediatric
726+11 patient; (II) include an outcome assessment
727+12 examination that demonstrates competency; (III)
728+13 require the supervising dentist to observe and approve
729+14 the completion of 6 full mouth supragingival scaling
730+15 procedures unless the training was received as part of
731+16 a Commission on Dental Accreditation approved dental
732+17 assistant program; and (IV) issue a certificate of
733+18 completion of the training program, which must be kept
734+19 on file at the dental office and be made available to
735+20 the Department upon request. A dental assistant must
736+21 have successfully completed an approved coronal
737+22 polishing course prior to taking the coronal scaling
738+23 course. A dental assistant performing these functions
739+24 shall be limited to the use of hand instruments only.
740+25 In addition, coronal scaling as described in this
741+26 paragraph shall only be utilized on patients who are
742+
743+
744+
745+
746+
747+ SB2822 Enrolled - 21 - LRB103 36437 AWJ 66539 b
748+
749+
750+SB2822 Enrolled- 22 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 22 - LRB103 36437 AWJ 66539 b
751+ SB2822 Enrolled - 22 - LRB103 36437 AWJ 66539 b
752+1 eligible for Medicaid, who are uninsured, or whose
753+2 household income is not greater than 300% of the
754+3 federal poverty level. A dentist may not supervise
755+4 more than 2 dental assistants at any one time for the
756+5 task of coronal scaling. This paragraph is inoperative
757+6 on and after January 1, 2026.
758+7 The limitations on the number of dental assistants a
759+8 dentist may supervise contained in items (2), (4), and (7)
760+9 of this paragraph (g) mean a limit of 4 total dental
761+10 assistants or dental hygienists doing expanded functions
762+11 covered by these Sections being supervised by one dentist;
763+12 or
764+13 (h) The practice of dentistry by an individual who:
765+14 (i) has applied in writing to the Department, in
766+15 form and substance satisfactory to the Department, for
767+16 a general dental license and has complied with all
768+17 provisions of Section 9 of this Act, except for the
769+18 passage of the examination specified in subsection (e)
770+19 of Section 9 of this Act; or
771+20 (ii) has applied in writing to the Department, in
772+21 form and substance satisfactory to the Department, for
773+22 a temporary dental license and has complied with all
774+23 provisions of subsection (c) of Section 11 of this
775+24 Act; and
776+25 (iii) has been accepted or appointed for specialty
777+26 or residency training by a hospital situated in this
778+
779+
780+
781+
782+
783+ SB2822 Enrolled - 22 - LRB103 36437 AWJ 66539 b
784+
785+
786+SB2822 Enrolled- 23 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 23 - LRB103 36437 AWJ 66539 b
787+ SB2822 Enrolled - 23 - LRB103 36437 AWJ 66539 b
788+1 State; or
789+2 (iv) has been accepted or appointed for specialty
790+3 training in an approved dental program situated in
791+4 this State; or
792+5 (v) has been accepted or appointed for specialty
793+6 training in a dental public health agency situated in
794+7 this State.
795+8 The applicant shall be permitted to practice dentistry
796+9 for a period of 3 months from the starting date of the
797+10 program, unless authorized in writing by the Department to
798+11 continue such practice for a period specified in writing
799+12 by the Department.
800+13 The applicant shall only be entitled to perform such
801+14 acts as may be prescribed by and incidental to his or her
802+15 program of residency or specialty training and shall not
803+16 otherwise engage in the practice of dentistry in this
804+17 State.
805+18 The authority to practice shall terminate immediately
806+19 upon:
807+20 (1) the decision of the Department that the
808+21 applicant has failed the examination; or
809+22 (2) denial of licensure by the Department; or
810+23 (3) withdrawal of the application.
811+24 (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
812+25 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
813+
814+
815+
816+
817+
818+ SB2822 Enrolled - 23 - LRB103 36437 AWJ 66539 b
819+
820+
821+SB2822 Enrolled- 24 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 24 - LRB103 36437 AWJ 66539 b
822+ SB2822 Enrolled - 24 - LRB103 36437 AWJ 66539 b
823+1 (225 ILCS 25/19.2)
824+2 (Section scheduled to be repealed on January 1, 2026)
825+3 Sec. 19.2. Temporary permit for free dental care.
826+4 (a) Upon Board recommendation, the Department may issue a
827+5 temporary permit authorizing the practice in this State,
828+6 without compensation, of dentistry to an applicant who is
829+7 licensed to practice dentistry in another state, if all of the
830+8 following apply:
831+9 (1) the Department determines that the applicant's
832+10 services will improve the welfare of Illinois residents
833+11 who are eligible for Medicaid or who are uninsured and
834+12 whose household income is not greater than 200% of the
835+13 federal poverty level;
836+14 (2) the applicant has graduated from a dental program
837+15 approved by the American Dental Association's Commission
838+16 on Dental Accreditation and maintains an equivalent
839+17 authorization to practice dentistry in good standing in
840+18 his or her native licensing jurisdiction during the period
841+19 of the temporary visiting dentist permit and can furnish
842+20 the Department a certified letter upon request from that
843+21 jurisdiction attesting to the fact that the applicant has
844+22 no pending action or violations against his or her
845+23 license;
846+24 (3) the applicant has received an invitation to
847+25 perform dental care by a charitable organization or has
848+26 received an invitation to study or receive training on
849+
850+
851+
852+
853+
854+ SB2822 Enrolled - 24 - LRB103 36437 AWJ 66539 b
855+
856+
857+SB2822 Enrolled- 25 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 25 - LRB103 36437 AWJ 66539 b
858+ SB2822 Enrolled - 25 - LRB103 36437 AWJ 66539 b
859+1 specific dental or clinical subjects or techniques by a
860+2 licensed continuing education sponsor who is approved by
861+3 the Department to provide clinical training in the State
862+4 of Illinois on patients for the welfare of Illinois
863+5 residents pursuant to subsection (a-5) and is in
864+6 compliance with the provisions of this Act;
865+7 (4) the applicant will be working pursuant to a
866+8 collaborative agreement with and under the direct
867+9 supervision of an Illinois licensed dentist, who is in
868+10 good standing, during the duration of the program. The
869+11 supervising dentist must be physically present during all
870+12 clinical training courses; and
871+13 (5) payment of a fee established by rule.
872+14 The Department may adopt rules to implement this
873+15 subsection.
874+16 (a-5) Upon Board recommendation, after the filing of an
875+17 application, the Department may allow approved continuing
876+18 education sponsors to be licensed to provide live patient
877+19 continuing education clinical training courses if the
878+20 following requirements are met:
879+21 (1) the continuing education course provides services,
880+22 without compensation, that will improve the welfare of
881+23 Illinois residents as described in paragraph (1) of
882+24 subsection (a). The application to the Board must include
883+25 the following information for review and approval by the
884+26 Department:
885+
886+
887+
888+
889+
890+ SB2822 Enrolled - 25 - LRB103 36437 AWJ 66539 b
891+
892+
893+SB2822 Enrolled- 26 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 26 - LRB103 36437 AWJ 66539 b
894+ SB2822 Enrolled - 26 - LRB103 36437 AWJ 66539 b
895+1 (i) a plan of follow-up care and training models;
896+2 (ii) any and all documentation to be signed by the
897+3 patients, including, but not limited to, waivers,
898+4 consent forms, and releases;
899+5 (iii) information related to the facilities being
900+6 utilized, staffing plans, and emergency plans;
901+7 (iv) the process by which patients will be
902+8 contacted before, during, and after treatment;
903+9 (v) the intended population that will be receiving
904+10 treatment; and
905+11 (vi) proof of valid malpractice insurance for the
906+12 approved continuing education sponsor that extends
907+13 coverage to clinical staff, trainees, and out-of-state
908+14 permit holders that meet the requirements of
909+15 subsection (a);
910+16 (2) a valid written collaborative agreement must exist
911+17 between the temporary visiting dentist and the Illinois
912+18 licensed dentist co-treating patients under this Section.
913+19 The collaborative agreement must include a description of
914+20 the care to be provided and procedures to be performed by
915+21 the temporary visiting dentist. There shall be no more
916+22 than 5 trainees per supervising dentist. A copy of this
917+23 agreement shall become part of the patient's dental record
918+24 and shall be made available upon request to the
919+25 Department; and
920+26 (3) payment of a fee established by rule.
921+
922+
923+
924+
925+
926+ SB2822 Enrolled - 26 - LRB103 36437 AWJ 66539 b
927+
928+
929+SB2822 Enrolled- 27 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 27 - LRB103 36437 AWJ 66539 b
930+ SB2822 Enrolled - 27 - LRB103 36437 AWJ 66539 b
931+1 A continuing education sponsor license issued under this
932+2 Section shall be valid for a period of time as provided by
933+3 rule.
934+4 The Department shall adopt rules to implement this
935+5 subsection.
936+6 (b) (Blank).
937+7 (c) A temporary permit shall be valid for no longer than 5
938+8 consecutive clinical days within 6 months from the date of
939+9 issuance. The temporary permit may be issued once per year to a
940+10 visiting dentist. Temporary permits under subsection (a) may
941+11 be restored no more than one time within 5 years of the initial
942+12 permits issuance. The Department may require an applicant to
943+13 pay a fee for the issuance or restoration of a permit under
944+14 this Section.
945+15 (d) (Blank).
946+16 (e) The temporary permit shall only permit the holder to
947+17 practice dentistry within the scope of the dental studies and
948+18 in conjunction with one of the following:
949+19 (1) the charitable organization; or
950+20 (2) a continuing education program provided by a
951+21 continuing education sponsor approved by the Department
952+22 pursuant to this Section that the permit holder is
953+23 attending.
954+24 (f) The temporary visiting dentist may not administer
955+25 moderate conscious sedation, deep sedation, or general
956+26 anesthesia.
957+
958+
959+
960+
961+
962+ SB2822 Enrolled - 27 - LRB103 36437 AWJ 66539 b
963+
964+
965+SB2822 Enrolled- 28 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 28 - LRB103 36437 AWJ 66539 b
966+ SB2822 Enrolled - 28 - LRB103 36437 AWJ 66539 b
967+1 (g) A patient who seeks treatment from a temporary
968+2 visiting dentist must sign a consent form acknowledging that
969+3 the care the patient will receive will be provided by a dentist
970+4 not licensed in the State of Illinois and that the Illinois
971+5 licensed dentist who has the collaborative agreement with the
972+6 temporary visiting dentist will be responsible for all the
973+7 follow-up care associated with the treatment rendered to the
974+8 patient.
975+9 (h) An application for the temporary permit shall be made
976+10 to the Department in writing on forms prescribed by the
977+11 Department and shall be accompanied by a nonrefundable fee
978+12 established by rule.
979+13 (i) An applicant for a temporary permit may be requested
980+14 to appear before the Board to respond to questions concerning
981+15 the applicant's qualifications to receive the permit. An
982+16 applicant's refusal to appear before the Board may be grounds
983+17 for denial of the application by the Department.
984+18 (j) The Secretary may summarily cancel any permit or
985+19 license issued pursuant to this Section without a hearing if
986+20 the Secretary finds that evidence in his or her possession
987+21 indicates that a continuing education sponsor licensed under
988+22 this Section or a temporary permit holder's continuation in
989+23 practice would constitute an imminent danger to the public or
990+24 violate any provision of this Act or its rules. If the
991+25 Secretary summarily cancels a permit or license issued
992+26 pursuant to this Section, the permit holder or licensee may
993+
994+
995+
996+
997+
998+ SB2822 Enrolled - 28 - LRB103 36437 AWJ 66539 b
999+
1000+
1001+SB2822 Enrolled- 29 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 29 - LRB103 36437 AWJ 66539 b
1002+ SB2822 Enrolled - 29 - LRB103 36437 AWJ 66539 b
1003+1 petition the Department for a hearing in accordance with the
1004+2 provisions of subsection (b) of Section 26 of this Act to
1005+3 reinstate his or her permit or license.
1006+4 (k) In addition to terminating any permit or license
1007+5 issued pursuant to this Section, the Department may impose a
1008+6 monetary penalty not to exceed $10,000 upon the temporary
1009+7 permit holder or licensee and may notify any state in which the
1010+8 temporary permit holder or licensee has been issued a license
1011+9 that his or her Illinois permit or license has been terminated
1012+10 and the reasons for the termination. The monetary penalty
1013+11 shall be paid within 60 days after the effective date of the
1014+12 order imposing the penalty. The order shall constitute a
1015+13 judgment and may be filed and execution had thereon in the same
1016+14 manner as any judgment from any court of record. It is the
1017+15 intent of the General Assembly that a permit or license issued
1018+16 pursuant to this Section shall be considered a privilege and
1019+17 not a property right.
1020+18 (Source: P.A. 102-582, eff. 1-1-22.)
1021+19 (225 ILCS 25/45) (from Ch. 111, par. 2345)
1022+20 (Section scheduled to be repealed on January 1, 2026)
1023+21 Sec. 45. Advertising. The purpose of this Section is to
1024+22 authorize and regulate the advertisement by dentists of
1025+23 information which is intended to provide the public with a
1026+24 sufficient basis upon which to make an informed selection of
1027+25 dentists while protecting the public from false or misleading
1028+
1029+
1030+
1031+
1032+
1033+ SB2822 Enrolled - 29 - LRB103 36437 AWJ 66539 b
1034+
1035+
1036+SB2822 Enrolled- 30 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 30 - LRB103 36437 AWJ 66539 b
1037+ SB2822 Enrolled - 30 - LRB103 36437 AWJ 66539 b
1038+1 advertisements which would detract from the fair and rational
1039+2 selection process.
1040+3 Any dentist may advertise the availability of dental
1041+4 services in the public media or on the premises where such
1042+5 dental services are rendered. Such advertising shall be
1043+6 limited to the following information:
1044+7 (a) The dental services available;
1045+8 (b) Publication of the dentist's name, title, office
1046+9 hours, address and telephone;
1047+10 (c) Information pertaining to his or her area of
1048+11 specialization, including appropriate board certification
1049+12 or limitation of professional practice;
1050+13 (d) Information on usual and customary fees for
1051+14 routine dental services offered, which information shall
1052+15 include notification that fees may be adjusted due to
1053+16 complications or unforeseen circumstances;
1054+17 (e) Announcement of the opening of, change of, absence
1055+18 from, or return to business;
1056+19 (f) Announcement of additions to or deletions from
1057+20 professional dental staff;
1058+21 (g) The issuance of business or appointment cards;
1059+22 (h) Other information about the dentist, dentist's
1060+23 practice or the types of dental services which the dentist
1061+24 offers to perform which a reasonable person might regard
1062+25 as relevant in determining whether to seek the dentist's
1063+26 services. However, any advertisement which announces the
1064+
1065+
1066+
1067+
1068+
1069+ SB2822 Enrolled - 30 - LRB103 36437 AWJ 66539 b
1070+
1071+
1072+SB2822 Enrolled- 31 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 31 - LRB103 36437 AWJ 66539 b
1073+ SB2822 Enrolled - 31 - LRB103 36437 AWJ 66539 b
1074+1 availability of endodontics, pediatric dentistry,
1075+2 periodontics, prosthodontics, orthodontics and
1076+3 dentofacial orthopedics, oral and maxillofacial surgery,
1077+4 or oral and maxillofacial radiology by a general dentist
1078+5 or by a licensed specialist who is not licensed in that
1079+6 specialty shall include a disclaimer stating that the
1080+7 dentist does not hold a license in that specialty.
1081+8 Any dental practice with more than one location that
1082+9 enrolls its dentist as a participating provider in a managed
1083+10 care plan's network must verify electronically or in writing
1084+11 to the managed care plan whether the provider is accepting new
1085+12 patients at each of the specific locations listing the
1086+13 provider. The health plan shall remove the provider from the
1087+14 directory in accordance with standard practices within 10
1088+15 business days after being notified of the changes by the
1089+16 provider. Nothing in this paragraph shall void any contractual
1090+17 relationship between the provider and the plan.
1091+18 It is unlawful for any dentist licensed under this Act to
1092+19 do any of the following:
1093+20 (1) Use claims of superior quality of care to entice
1094+21 the public.
1095+22 (2) Advertise in any way to practice dentistry without
1096+23 causing pain.
1097+24 (3) Pay a fee to any dental referral service or other
1098+25 third party who advertises a dental referral service,
1099+26 unless all advertising of the dental referral service
1100+
1101+
1102+
1103+
1104+
1105+ SB2822 Enrolled - 31 - LRB103 36437 AWJ 66539 b
1106+
1107+
1108+SB2822 Enrolled- 32 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 32 - LRB103 36437 AWJ 66539 b
1109+ SB2822 Enrolled - 32 - LRB103 36437 AWJ 66539 b
1110+1 makes it clear that dentists are paying a fee for that
1111+2 referral service.
1112+3 (4) Advertise or offer gifts as an inducement to
1113+4 secure dental patronage. Dentists may advertise or offer
1114+5 free examinations or free dental services; it shall be
1115+6 unlawful, however, for any dentist to charge a fee to any
1116+7 new patient for any dental service provided at the time
1117+8 that such free examination or free dental services are
1118+9 provided.
1119+10 (5) Use the term "sedation dentistry" or similar terms
1120+11 in advertising unless the advertising dentist holds a
1121+12 valid and current permit issued by the Department to
1122+13 administer either general anesthesia, deep sedation, or
1123+14 moderate conscious sedation as required under Section 8.1
1124+15 of this Act.
1125+16 This Act does not authorize the advertising of dental
1126+17 services when the offeror of such services is not a dentist.
1127+18 Nor shall the dentist use statements which contain false,
1128+19 fraudulent, deceptive or misleading material or guarantees of
1129+20 success, statements which play upon the vanity or fears of the
1130+21 public, or statements which promote or produce unfair
1131+22 competition.
1132+23 A dentist shall be required to keep a copy of all
1133+24 advertisements for a period of 3 years. All advertisements in
1134+25 the dentist's possession shall indicate the accurate date and
1135+26 place of publication.
1136+
1137+
1138+
1139+
1140+
1141+ SB2822 Enrolled - 32 - LRB103 36437 AWJ 66539 b
1142+
1143+
1144+SB2822 Enrolled- 33 -LRB103 36437 AWJ 66539 b SB2822 Enrolled - 33 - LRB103 36437 AWJ 66539 b
1145+ SB2822 Enrolled - 33 - LRB103 36437 AWJ 66539 b
1146+1 The Department shall adopt rules to carry out the intent
1147+2 of this Section.
1148+3 (Source: P.A. 99-329, eff. 1-1-16.)
1149+
1150+
1151+
1152+
1153+
1154+ SB2822 Enrolled - 33 - LRB103 36437 AWJ 66539 b