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1 | - | Public Act 103-0628 | |
2 | 1 | SB2822 EnrolledLRB103 36437 AWJ 66539 b SB2822 Enrolled LRB103 36437 AWJ 66539 b | |
3 | 2 | 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10 | - | (Section scheduled to be repealed on January 1, 2026) | |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9 | + | 7 (Section scheduled to be repealed on January 1, 2026) | |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 | |
27 | 26 | ||
28 | 27 | ||
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33 | - | in the practice of dentistry and to whom is reserved the | |
34 | - | responsibilities specified in Section 17. | |
35 | - | "Dental hygienist" means a person who holds a license | |
36 | - | under this Act to perform dental services as authorized by | |
37 | - | Section 18. | |
38 | - | "Dental assistant" means an appropriately trained person | |
39 | - | who, under the supervision of a dentist, provides dental | |
40 | - | services as authorized by Section 17. | |
41 | - | "Expanded function dental assistant" means a dental | |
42 | - | assistant who has completed the training required by Section | |
43 | - | 17.1 of this Act. | |
44 | - | "Dental laboratory" means a person, firm, or corporation | |
45 | - | which: | |
46 | - | (i) engages in making, providing, repairing, or | |
47 | - | altering dental prosthetic appliances and other artificial | |
48 | - | materials and devices which are returned to a dentist for | |
49 | - | insertion into the human oral cavity or which come in | |
50 | - | contact with its adjacent structures and tissues; and | |
51 | - | (ii) utilizes or employs a dental technician to | |
52 | - | provide such services; and | |
53 | - | (iii) performs such functions only for a dentist or | |
54 | - | dentists. | |
55 | - | "Supervision" means supervision of a dental hygienist or a | |
56 | - | dental assistant requiring that a dentist authorize the | |
57 | - | procedure, remain in the dental facility while the procedure | |
58 | - | is performed, and approve the work performed by the dental | |
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34 | + | 1 in the practice of dentistry and to whom is reserved the | |
35 | + | 2 responsibilities specified in Section 17. | |
36 | + | 3 "Dental hygienist" means a person who holds a license | |
37 | + | 4 under this Act to perform dental services as authorized by | |
38 | + | 5 Section 18. | |
39 | + | 6 "Dental assistant" means an appropriately trained person | |
40 | + | 7 who, under the supervision of a dentist, provides dental | |
41 | + | 8 services as authorized by Section 17. | |
42 | + | 9 "Expanded function dental assistant" means a dental | |
43 | + | 10 assistant who has completed the training required by Section | |
44 | + | 11 17.1 of this Act. | |
45 | + | 12 "Dental laboratory" means a person, firm, or corporation | |
46 | + | 13 which: | |
47 | + | 14 (i) engages in making, providing, repairing, or | |
48 | + | 15 altering dental prosthetic appliances and other artificial | |
49 | + | 16 materials and devices which are returned to a dentist for | |
50 | + | 17 insertion into the human oral cavity or which come in | |
51 | + | 18 contact with its adjacent structures and tissues; and | |
52 | + | 19 (ii) utilizes or employs a dental technician to | |
53 | + | 20 provide such services; and | |
54 | + | 21 (iii) performs such functions only for a dentist or | |
55 | + | 22 dentists. | |
56 | + | 23 "Supervision" means supervision of a dental hygienist or a | |
57 | + | 24 dental assistant requiring that a dentist authorize the | |
58 | + | 25 procedure, remain in the dental facility while the procedure | |
59 | + | 26 is performed, and approve the work performed by the dental | |
59 | 60 | ||
60 | 61 | ||
61 | - | hygienist or dental assistant before dismissal of the patient, | |
62 | - | but does not mean that the dentist must be present at all times | |
63 | - | in the treatment room. | |
64 | - | "General supervision" means supervision of a dental | |
65 | - | hygienist requiring that the patient be a patient of record, | |
66 | - | that the dentist examine the patient in accordance with | |
67 | - | Section 18 prior to treatment by the dental hygienist, and | |
68 | - | that the dentist authorize the procedures which are being | |
69 | - | carried out by a notation in the patient's record, but not | |
70 | - | requiring that a dentist be present when the authorized | |
71 | - | procedures are being performed. The issuance of a prescription | |
72 | - | to a dental laboratory by a dentist does not constitute | |
73 | - | general supervision. | |
74 | - | "Public member" means a person who is not a health | |
75 | - | professional. For purposes of board membership, any person | |
76 | - | with a significant financial interest in a health service or | |
77 | - | profession is not a public member. | |
78 | - | "Dentistry" means the healing art which is concerned with | |
79 | - | the examination, diagnosis, treatment planning, and care of | |
80 | - | conditions within the human oral cavity and its adjacent | |
81 | - | tissues and structures, as further specified in Section 17. | |
82 | - | "Branches of dentistry" means the various specialties of | |
83 | - | dentistry which, for purposes of this Act, shall be limited to | |
84 | - | the following: endodontics, oral and maxillofacial surgery, | |
85 | - | orthodontics and dentofacial orthopedics, pediatric dentistry, | |
86 | - | periodontics, prosthodontics, oral and maxillofacial | |
87 | 62 | ||
88 | 63 | ||
89 | - | radiology, and dental anesthesiology. | |
90 | - | "Specialist" means a dentist who has received a specialty | |
91 | - | license pursuant to Section 11(b). | |
92 | - | "Dental technician" means a person who owns, operates, or | |
93 | - | is employed by a dental laboratory and engages in making, | |
94 | - | providing, repairing, or altering dental prosthetic appliances | |
95 | - | and other artificial materials and devices which are returned | |
96 | - | to a dentist for insertion into the human oral cavity or which | |
97 | - | come in contact with its adjacent structures and tissues. | |
98 | - | "Impaired dentist" or "impaired dental hygienist" means a | |
99 | - | dentist or dental hygienist who is unable to practice with | |
100 | - | reasonable skill and safety because of a physical or mental | |
101 | - | disability as evidenced by a written determination or written | |
102 | - | consent based on clinical evidence, including deterioration | |
103 | - | through the aging process, loss of motor skills, abuse of | |
104 | - | drugs or alcohol, or a psychiatric disorder, of sufficient | |
105 | - | degree to diminish the person's ability to deliver competent | |
106 | - | patient care. | |
107 | - | "Nurse" means a registered professional nurse, a certified | |
108 | - | registered nurse anesthetist licensed as an advanced practice | |
109 | - | registered nurse, or a licensed practical nurse licensed under | |
110 | - | the Nurse Practice Act. | |
111 | - | "Patient of record" means a patient for whom the patient's | |
112 | - | most recent dentist has obtained a relevant medical and dental | |
113 | - | history and on whom the dentist has performed an examination | |
114 | - | and evaluated the condition to be treated. | |
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116 | 67 | ||
117 | - | "Dental responder" means a dentist or dental hygienist who | |
118 | - | is appropriately certified in disaster preparedness, | |
119 | - | immunizations, and dental humanitarian medical response | |
120 | - | consistent with the Society of Disaster Medicine and Public | |
121 | - | Health and training certified by the National Incident | |
122 | - | Management System or the National Disaster Life Support | |
123 | - | Foundation. | |
124 | - | "Mobile dental van or portable dental unit" means any | |
125 | - | self-contained or portable dental unit in which dentistry is | |
126 | - | practiced that can be moved, towed, or transported from one | |
127 | - | location to another in order to establish a location where | |
128 | - | dental services can be provided. | |
129 | - | "Public health dental hygienist" means a hygienist who | |
130 | - | holds a valid license to practice in the State, has 2 years of | |
131 | - | full-time clinical experience or an equivalent of 4,000 hours | |
132 | - | of clinical experience, and has completed at least 42 clock | |
133 | - | hours of additional structured courses in dental education in | |
134 | - | advanced areas specific to public health dentistry. | |
135 | - | "Public health setting" means a federally qualified health | |
136 | - | center; a federal, State, or local public health facility; | |
137 | - | Head Start; a special supplemental nutrition program for | |
138 | - | Women, Infants, and Children (WIC) facility; a certified | |
139 | - | school-based health center or school-based oral health | |
140 | - | program; a prison; or a long-term care facility. | |
141 | - | "Public health supervision" means the supervision of a | |
142 | - | public health dental hygienist by a licensed dentist who has a | |
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70 | + | 1 hygienist or dental assistant before dismissal of the patient, | |
71 | + | 2 but does not mean that the dentist must be present at all times | |
72 | + | 3 in the treatment room. | |
73 | + | 4 "General supervision" means supervision of a dental | |
74 | + | 5 hygienist requiring that the patient be a patient of record, | |
75 | + | 6 that the dentist examine the patient in accordance with | |
76 | + | 7 Section 18 prior to treatment by the dental hygienist, and | |
77 | + | 8 that the dentist authorize the procedures which are being | |
78 | + | 9 carried out by a notation in the patient's record, but not | |
79 | + | 10 requiring that a dentist be present when the authorized | |
80 | + | 11 procedures are being performed. The issuance of a prescription | |
81 | + | 12 to a dental laboratory by a dentist does not constitute | |
82 | + | 13 general supervision. | |
83 | + | 14 "Public member" means a person who is not a health | |
84 | + | 15 professional. For purposes of board membership, any person | |
85 | + | 16 with a significant financial interest in a health service or | |
86 | + | 17 profession is not a public member. | |
87 | + | 18 "Dentistry" means the healing art which is concerned with | |
88 | + | 19 the examination, diagnosis, treatment planning, and care of | |
89 | + | 20 conditions within the human oral cavity and its adjacent | |
90 | + | 21 tissues and structures, as further specified in Section 17. | |
91 | + | 22 "Branches of dentistry" means the various specialties of | |
92 | + | 23 dentistry which, for purposes of this Act, shall be limited to | |
93 | + | 24 the following: endodontics, oral and maxillofacial surgery, | |
94 | + | 25 orthodontics and dentofacial orthopedics, pediatric dentistry, | |
95 | + | 26 periodontics, prosthodontics, oral and maxillofacial | |
143 | 96 | ||
144 | 97 | ||
145 | - | written public health supervision agreement with that public | |
146 | - | health dental hygienist while working in an approved facility | |
147 | - | or program that allows the public health dental hygienist to | |
148 | - | treat patients, without a dentist first examining the patient | |
149 | - | and being present in the facility during treatment, (1) who | |
150 | - | are eligible for Medicaid or (2) who are uninsured or 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 | |
171 | 98 | ||
172 | 99 | ||
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.) | |
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198 | 102 | ||
199 | 103 | ||
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 | |
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106 | + | 1 radiology, and dental anesthesiology. | |
107 | + | 2 "Specialist" means a dentist who has received a specialty | |
108 | + | 3 license pursuant to Section 11(b). | |
109 | + | 4 "Dental technician" means a person who owns, operates, or | |
110 | + | 5 is employed by a dental laboratory and engages in making, | |
111 | + | 6 providing, repairing, or altering dental prosthetic appliances | |
112 | + | 7 and other artificial materials and devices which are returned | |
113 | + | 8 to a dentist for insertion into the human oral cavity or which | |
114 | + | 9 come in contact with its adjacent structures and tissues. | |
115 | + | 10 "Impaired dentist" or "impaired dental hygienist" means a | |
116 | + | 11 dentist or dental hygienist who is unable to practice with | |
117 | + | 12 reasonable skill and safety because of a physical or mental | |
118 | + | 13 disability as evidenced by a written determination or written | |
119 | + | 14 consent based on clinical evidence, including deterioration | |
120 | + | 15 through the aging process, loss of motor skills, abuse of | |
121 | + | 16 drugs or alcohol, or a psychiatric disorder, of sufficient | |
122 | + | 17 degree to diminish the person's ability to deliver competent | |
123 | + | 18 patient care. | |
124 | + | 19 "Nurse" means a registered professional nurse, a certified | |
125 | + | 20 registered nurse anesthetist licensed as an advanced practice | |
126 | + | 21 registered nurse, or a licensed practical nurse licensed under | |
127 | + | 22 the Nurse Practice Act. | |
128 | + | 23 "Patient of record" means a patient for whom the patient's | |
129 | + | 24 most recent dentist has obtained a relevant medical and dental | |
130 | + | 25 history and on whom the dentist has performed an examination | |
131 | + | 26 and evaluated the condition to be treated. | |
226 | 132 | ||
227 | 133 | ||
228 | - | 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 | |
254 | 134 | ||
255 | 135 | ||
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 | |
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282 | 138 | ||
283 | 139 | ||
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 | |
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142 | + | 1 "Dental responder" means a dentist or dental hygienist who | |
143 | + | 2 is appropriately certified in disaster preparedness, | |
144 | + | 3 immunizations, and dental humanitarian medical response | |
145 | + | 4 consistent with the Society of Disaster Medicine and Public | |
146 | + | 5 Health and training certified by the National Incident | |
147 | + | 6 Management System or the National Disaster Life Support | |
148 | + | 7 Foundation. | |
149 | + | 8 "Mobile dental van or portable dental unit" means any | |
150 | + | 9 self-contained or portable dental unit in which dentistry is | |
151 | + | 10 practiced that can be moved, towed, or transported from one | |
152 | + | 11 location to another in order to establish a location where | |
153 | + | 12 dental services can be provided. | |
154 | + | 13 "Public health dental hygienist" means a hygienist who | |
155 | + | 14 holds a valid license to practice in the State, has 2 years of | |
156 | + | 15 full-time clinical experience or an equivalent of 4,000 hours | |
157 | + | 16 of clinical experience, and has completed at least 42 clock | |
158 | + | 17 hours of additional structured courses in dental education in | |
159 | + | 18 advanced areas specific to public health dentistry. | |
160 | + | 19 "Public health setting" means a federally qualified health | |
161 | + | 20 center; a federal, State, or local public health facility; | |
162 | + | 21 Head Start; a special supplemental nutrition program for | |
163 | + | 22 Women, Infants, and Children (WIC) facility; a certified | |
164 | + | 23 school-based health center or school-based oral health | |
165 | + | 24 program; a prison; or a long-term care facility. | |
166 | + | 25 "Public health supervision" means the supervision of a | |
167 | + | 26 public health dental hygienist by a licensed dentist who has a | |
310 | 168 | ||
311 | 169 | ||
312 | - | 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 | |
338 | 170 | ||
339 | 171 | ||
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 | |
365 | 174 | ||
366 | 175 | ||
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 | |
393 | 204 | ||
394 | 205 | ||
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 | |
421 | 206 | ||
422 | 207 | ||
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 | |
449 | 210 | ||
450 | 211 | ||
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.) | |
477 | 239 | ||
478 | 240 | ||
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 | |
505 | 241 | ||
506 | 242 | ||
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 | |
533 | 245 | ||
534 | 246 | ||
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 | |
561 | 275 | ||
562 | 276 | ||
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 | |
589 | 277 | ||
590 | 278 | ||
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 | |
617 | 281 | ||
618 | 282 | ||
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 | |
644 | 311 | ||
645 | 312 | ||
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 | |
672 | 313 | ||
673 | 314 | ||
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: | |
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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. | |
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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 | |
728 | 347 | ||
729 | 348 | ||
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. | |
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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 | |
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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 | |
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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 | |
811 | 383 | ||
812 | 384 | ||
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 | |
839 | 385 | ||
840 | 386 | ||
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 | |
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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. | |
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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 | |
895 | 419 | ||
896 | 420 | ||
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.) | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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. | |
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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 | + | ||
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