Public Act 103-0628
SB2822 EnrolledLRB103 36437 AWJ 66539 b SB2822 Enrolled LRB103 36437 AWJ 66539 b
SB2822 Enrolled LRB103 36437 AWJ 66539 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Dental Practice Act is amended by
changing Sections 4, 8.1, 17, 19.2, and 45 as follows:
(225 ILCS 25/4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Board" means the Board of Dentistry.
"Dentist" means a person who has received a general
license pursuant to paragraph (a) of Section 11 of this Act and
who may perform any intraoral and extraoral procedure required
SB2822 Enrolled LRB103 36437 AWJ 66539 b
in the practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license
under this Act to perform dental services as authorized by
Section 18.
"Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
"Expanded function dental assistant" means a dental
assistant who has completed the training required by Section
17.1 of this Act.
"Dental laboratory" means a person, firm, or corporation
which:
(i) engages in making, providing, repairing, or
altering dental prosthetic appliances and other artificial
materials and devices which are returned to a dentist for
insertion into the human oral cavity or which come in
contact with its adjacent structures and tissues; and
(ii) utilizes or employs a dental technician to
provide such services; and
(iii) performs such functions only for a dentist or
dentists.
"Supervision" means supervision of a dental hygienist or a
dental assistant requiring that a dentist authorize the
procedure, remain in the dental facility while the procedure
is performed, and approve the work performed by the dental
hygienist or dental assistant before dismissal of the patient,
but does not mean that the dentist must be present at all times
in the treatment room.
"General supervision" means supervision of a dental
hygienist requiring that the patient be a patient of record,
that the dentist examine the patient in accordance with
Section 18 prior to treatment by the dental hygienist, and
that the dentist authorize the procedures which are being
carried out by a notation in the patient's record, but not
requiring that a dentist be present when the authorized
procedures are being performed. The issuance of a prescription
to a dental laboratory by a dentist does not constitute
general supervision.
"Public member" means a person who is not a health
professional. For purposes of board membership, any person
with a significant financial interest in a health service or
profession is not a public member.
"Dentistry" means the healing art which is concerned with
the examination, diagnosis, treatment planning, and care of
conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
"Branches of dentistry" means the various specialties of
dentistry which, for purposes of this Act, shall be limited to
the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,
periodontics, prosthodontics, oral and maxillofacial
radiology, and dental anesthesiology.
"Specialist" means a dentist who has received a specialty
license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates, or
is employed by a dental laboratory and engages in making,
providing, repairing, or altering dental prosthetic appliances
and other artificial materials and devices which are returned
to a dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues.
"Impaired dentist" or "impaired dental hygienist" means a
dentist or dental hygienist who is unable to practice with
reasonable skill and safety because of a physical or mental
disability as evidenced by a written determination or written
consent based on clinical evidence, including deterioration
through the aging process, loss of motor skills, abuse of
drugs or alcohol, or a psychiatric disorder, of sufficient
degree to diminish the person's ability to deliver competent
patient care.
"Nurse" means a registered professional nurse, a certified
registered nurse anesthetist licensed as an advanced practice
registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
"Patient of record" means a patient for whom the patient's
most recent dentist has obtained a relevant medical and dental
history and on whom the dentist has performed an examination
and evaluated the condition to be treated.
"Dental responder" means a dentist or dental hygienist who
is appropriately certified in disaster preparedness,
immunizations, and dental humanitarian medical response
consistent with the Society of Disaster Medicine and Public
Health and training certified by the National Incident
Management System or the National Disaster Life Support
Foundation.
"Mobile dental van or portable dental unit" means any
self-contained or portable dental unit in which dentistry is
practiced that can be moved, towed, or transported from one
location to another in order to establish a location where
dental services can be provided.
"Public health dental hygienist" means a hygienist who
holds a valid license to practice in the State, has 2 years of
full-time clinical experience or an equivalent of 4,000 hours
of clinical experience, and has completed at least 42 clock
hours of additional structured courses in dental education in
advanced areas specific to public health dentistry.
"Public health setting" means a federally qualified health
center; a federal, State, or local public health facility;
Head Start; a special supplemental nutrition program for
Women, Infants, and Children (WIC) facility; a certified
school-based health center or school-based oral health
program; a prison; or a long-term care facility.
"Public health supervision" means the supervision of a
public health dental hygienist by a licensed dentist who has a
written public health supervision agreement with that public
health dental hygienist while working in an approved facility
or program that allows the public health dental hygienist to
treat patients, without a dentist first examining the patient
and being present in the facility during treatment, (1) who
are eligible for Medicaid or (2) who are uninsured or whose
household income is not greater than 300% of the federal
poverty level.
"Teledentistry" means the use of telehealth systems and
methodologies in dentistry and includes patient care and
education delivery using synchronous and asynchronous
communications under a dentist's authority as provided under
this Act.
"Moderate sedation" means a drug-induced depression of
consciousness during which: (1) patients respond purposefully
to verbal commands, either alone or accompanied by light
tactile stimulation; (2) no interventions are required to
maintain a patient's airway and spontaneous ventilation is
adequate; and (3) cardiovascular function is usually
maintained.
"Deep sedation" means a drug-induced depression of
consciousness during which: (1) patients cannot be easily
aroused, but respond purposefully following repeated or
painful stimulation; (2) the ability to independently maintain
ventilatory function may be impaired; (3) patients may require
assistance in maintaining airways and spontaneous ventilation
may be inadequate; and (4) cardiovascular function is usually
maintained.
"General anesthesia" means a drug-induced loss of
consciousness during which: (1) patients are not arousable,
even by painful stimulation; (2) the ability to independently
maintain ventilatory function is often impaired; (3) patients
often require assistance in maintaining airways and positive
pressure ventilation may be required because of depressed
spontaneous ventilation or drug-induced depression of
neuromuscular function; and (4) cardiovascular function may be
impaired.
"Venipuncture" means the puncture of a vein as part of a
medical procedure, typically to withdraw a blood sample or for
an intravenous catheter for the administration of medication
or fluids.
"Enteral route of administration" means administration of
a drug that is absorbed through the gastrointestinal tract or
through oral, rectal, or sublingual mucosa.
"Parenteral route of administration" means administration
of a drug by which the drug bypasses the gastrointestinal
tract through intramuscular, intravenous, intranasal,
submucosal, subcutaneous, or intraosseous methods.
(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
1-1-24; revised 12-15-23.)
(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8.1. Permit for the administration of anesthesia and
sedation.
(a) No licensed dentist shall administer general
anesthesia, deep sedation, or moderate conscious sedation
without first applying for and obtaining a permit for such
purpose from the Department. The Department shall issue such
permit only after ascertaining that the applicant possesses
the minimum qualifications necessary to protect public safety.
A person with a dental degree who administers anesthesia, deep
sedation, or moderate conscious sedation in an approved
hospital training program under the supervision of either a
licensed dentist holding such permit or a physician licensed
to practice medicine in all its branches shall not be required
to obtain such permit.
(b) The minimum requirements for a permit to administer
moderate sedation issued after the effective date of this
amendatory Act of the 103rd General Assembly shall include the
completion of a minimum of 75 hours of didactic and supervised
clinical study in either:
(1) an American Dental Association Commission on
Dental Accreditation accredited dental specialty program,
general practice residency, or advanced education in
general dentistry residency that includes training and
documentation in moderate sedation techniques appropriate
for each specialty or an American Dental Association
Commission on Dental Accreditation accredited dental
anesthesiology residency program and proof of completion
of 20 individually managed patients utilizing appropriate
routes of administration, in which the applicant is the
sole provider, which can include, but are not limited to,
intravenous, oral, intranasal, or intramuscular or
combinations thereof; or
(2) a structured course of study provided by an
approved continuing education provider that includes
training and documentation in moderate sedation, physical
evaluation, venipuncture, advanced airway management,
technical administration, recognition and management of
complications and emergencies and monitoring with
additional supervised experience and documentation
demonstrating competence in providing moderate sedation
utilizing enteral and parenteral routes of administration
of medications to competency to 20 individual patient
experiences on a 1 to 1 ratio with an instructor, in which
the applicant is the sole provider of sedation over a
continuous time frame as set by the Department and as
provided in the American Dental Association's Guidelines
for Teaching Pain Control and Sedation to Dentists and
Dental Students.
(b-5) The minimum requirements for a permit to administer
deep sedation and general anesthesia issued after the
effective date of this amendatory Act of the 103rd General
Assembly shall include:
(1) the completion of a minimum of 2 years of advanced
training in anesthesiology beyond the pre-doctoral level
in a training program approved by the American Dental
Association's Council on Dental Education and Licensure,
as outlined in Guidelines for Teaching Pain Control and
Sedation to Dentists and Dental Students, as published by
the American Dental Association's Council on Dental
Education and Licensure;
(2) a specialty license in oral and maxillofacial
surgery;
(3) completion of an accredited oral or maxillofacial
surgery residency program; or
(4) the completion of an American Dental Association
Commission on Dental Accreditation accredited dental
anesthesiology residency program.
(b-10) The Department may establish, by rule, additional
training programs and training requirements consistent with
this Section to ensure patient safety in dental offices
administering anesthesia, which shall include, but not be
limited to the following In determining the minimum permit
qualifications that are necessary to protect public safety,
the Department, by rule, shall:
(1) (blank); establish the minimum educational and
training requirements necessary for a dentist to be issued
an appropriate permit;
(2) establish the standards for properly equipped
dental facilities (other than licensed hospitals and
ambulatory surgical treatment centers) in which general
anesthesia, deep sedation, or moderate conscious sedation
is administered, as necessary to protect public safety;
(3) establish minimum requirements for all persons who
assist the dentist in the administration of general
anesthesia, deep sedation, or moderate conscious sedation,
including minimum training requirements for each member of
the dental team, monitoring requirements, recordkeeping
requirements, and emergency procedures;
(4) ensure that the dentist has completed and
maintains current certification in advanced cardiac life
support or pediatric advanced life support and all persons
assisting the dentist or monitoring the administration of
general anesthesia, deep sedation, or moderate conscious
sedation maintain current certification in Basic Life
Support (BLS); and
(5) establish continuing education requirements in
sedation techniques and airway management for dentists who
possess a permit under this Section.
The Department shall adopt rules that ensure that a
continuing education course designed to meet the permit
requirements for moderate sedation training is reviewed and
certified by the Department if the course is not accredited by
the American Dental Association Commission on Dental
Accreditation.
When establishing requirements under this Section, the
Department shall consider the current American Dental
Association guidelines on sedation and general anesthesia, the
current "Guidelines for Monitoring and Management of Pediatric
Patients During and After Sedation for Diagnostic and
Therapeutic Procedures" established by the American Academy of
Pediatrics and the American Academy of Pediatric Dentistry,
and the current parameters of care and Office Anesthesia
Evaluation (OAE) Manual established by the American
Association of Oral and Maxillofacial Surgeons.
(c) A licensed dentist must hold an appropriate permit
issued under this Section in order to perform dentistry while
a nurse anesthetist administers moderate conscious sedation,
and a valid written collaborative agreement must exist between
the dentist and the nurse anesthetist, in accordance with the
Nurse Practice Act.
A licensed dentist must hold an appropriate permit issued
under this Section in order to perform dentistry while a nurse
anesthetist administers deep sedation or general anesthesia,
and a valid written collaborative agreement must exist between
the dentist and the nurse anesthetist, in accordance with the
Nurse Practice Act.
For the purposes of this subsection (c), "nurse
anesthetist" means a licensed certified registered nurse
anesthetist who holds a license as an advanced practice
registered nurse.
(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
101-162, eff. 7-26-19.)
(225 ILCS 25/17)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. Acts constituting the practice of dentistry. A
person practices dentistry, within the meaning of this Act:
(1) Who represents himself or herself as being able to
diagnose or diagnoses, treats, prescribes, or operates for
any disease, pain, deformity, deficiency, injury, or
physical condition of the human tooth, teeth, alveolar
process, gums, or jaw; or
(2) Who is a manager, proprietor, operator, or
conductor of a business where dental operations are
performed; or
(3) Who performs dental operations of any kind; or
(4) Who uses an X-Ray machine or X-Ray films for
dental diagnostic purposes; or
(5) Who extracts a human tooth or teeth, or corrects
or attempts to correct malpositions of the human teeth or
jaws; or
(6) Who offers or undertakes, by any means or method,
to diagnose, treat, or remove stains, calculus, and
bonding materials from human teeth or jaws; or
(7) Who uses or administers local or general
anesthetics in the treatment of dental or oral diseases or
in any preparation incident to a dental operation of any
kind or character; or
(8) Who takes material or digital scans for final
impressions of the human tooth, teeth, or jaws or performs
any phase of any operation incident to the replacement of
a part of a tooth, a tooth, teeth, or associated tissues by
means of a filling, a crown, a bridge, a denture, or other
appliance; or
(9) Who offers to furnish, supply, construct,
reproduce, or repair, or who furnishes, supplies,
constructs, reproduces, or repairs, prosthetic dentures,
bridges, or other substitutes for natural teeth, to the
user or prospective user thereof; or
(10) Who instructs students on clinical matters or
performs any clinical operation included in the curricula
of recognized dental schools and colleges; or
(11) Who takes material or digital scans for final
impressions of human teeth or places his or her hands in
the mouth of any person for the purpose of applying teeth
whitening materials, or who takes impressions of human
teeth or places his or her hands in the mouth of any person
for the purpose of assisting in the application of teeth
whitening materials. A person does not practice dentistry
when he or she discloses to the consumer that he or she is
not licensed as a dentist under this Act and (i) discusses
the use of teeth whitening materials with a consumer
purchasing these materials; (ii) provides instruction on
the use of teeth whitening materials with a consumer
purchasing these materials; or (iii) provides appropriate
equipment on-site to the consumer for the consumer to
self-apply teeth whitening materials.
The fact that any person engages in or performs, or offers
to engage in or perform, any of the practices, acts, or
operations set forth in this Section, shall be prima facie
evidence that such person is engaged in the practice of
dentistry.
The following practices, acts, and operations, however,
are exempt from the operation of this Act:
(a) The rendering of dental relief in emergency cases
in the practice of his or her profession by a physician or
surgeon, licensed as such under the laws of this State,
unless he or she undertakes to reproduce or reproduces
lost parts of the human teeth in the mouth or to restore or
replace lost or missing teeth in the mouth; or
(b) The practice of dentistry in the discharge of
their official duties by dentists in any branch of the
Armed Services of the United States, the United States
Public Health Service, or the United States Veterans
Administration; or
(c) The practice of dentistry by students in their
course of study in dental schools or colleges approved by
the Department, when acting under the direction and
supervision of dentists acting as instructors; or
(d) The practice of dentistry by clinical instructors
in the course of their teaching duties in dental schools
or colleges approved by the Department:
(i) when acting under the direction and
supervision of dentists, provided that such clinical
instructors have instructed continuously in this State
since January 1, 1986; or
(ii) when holding the rank of full professor at
such approved dental school or college and possessing
a current valid license or authorization to practice
dentistry in another country; or
(e) The practice of dentistry by licensed dentists of
other states or countries at meetings of the Illinois
State Dental Society or component parts thereof, alumni
meetings of dental colleges, or any other like dental
organizations, while appearing as clinicians; or
(f) The use of X-Ray machines for exposing X-Ray films
of dental or oral tissues by dental hygienists or dental
assistants; or
(g) The performance of any dental service by a dental
assistant, if such service is performed under the
supervision and full responsibility of a dentist. In
addition, after being authorized by a dentist, a dental
assistant may, for the purpose of eliminating pain or
discomfort, remove loose, broken, or irritating
orthodontic appliances on a patient of record.
For purposes of this paragraph (g), "dental service"
is defined to mean any intraoral procedure or act which
shall be prescribed by rule or regulation of the
Department. "Dental service", however, shall not include:
(1) Any and all diagnosis of or prescription for
treatment of disease, pain, deformity, deficiency,
injury, or physical condition of the human teeth or
jaws, or adjacent structures.
(2) Removal of, restoration of, or addition to the
hard or soft tissues of the oral cavity, except for the
placing, carving, and finishing of amalgam
restorations and placing, packing, and finishing
composite restorations by dental assistants who have
had additional formal education and certification.
A dental assistant may place, carve, and finish
amalgam restorations, place, pack, and finish
composite restorations, and place interim restorations
if he or she (A) has successfully completed a
structured training program as described in item (2)
of subsection (g) provided by an educational
institution accredited by the Commission on Dental
Accreditation, such as a dental school or dental
hygiene or dental assistant program, or (B) has at
least 4,000 hours of direct clinical patient care
experience and has successfully completed a structured
training program as described in item (2) of
subsection (g) provided by a statewide dental
association, approved by the Department to provide
continuing education, that has developed and conducted
training programs for expanded functions for dental
assistants or hygienists. The training program must:
(i) include a minimum of 16 hours of didactic study and
14 hours of clinical manikin instruction; all training
programs shall include areas of study in nomenclature,
caries classifications, oral anatomy, periodontium,
basic occlusion, instrumentations, pulp protection
liners and bases, dental materials, matrix and wedge
techniques, amalgam placement and carving, rubber dam
clamp placement, and rubber dam placement and removal;
(ii) include an outcome assessment examination that
demonstrates competency; (iii) require the supervising
dentist to observe and approve the completion of 8
amalgam or composite restorations; and (iv) issue a
certificate of completion of the training program,
which must be kept on file at the dental office and be
made available to the Department upon request. A
dental assistant must have successfully completed an
approved coronal polishing and dental sealant course
prior to taking the amalgam and composite restoration
course.
A dentist utilizing dental assistants shall not
supervise more than 4 dental assistants at any one
time for placing, carving, and finishing of amalgam
restorations or for placing, packing, and finishing
composite restorations.
(3) Any and all correction of malformation of
teeth or of the jaws.
(4) Administration of anesthetics, except for
monitoring of nitrous oxide, moderate conscious
sedation, deep sedation, and general anesthetic as
provided in Section 8.1 of this Act, that may be
performed only after successful completion of a
training program approved by the Department. A dentist
utilizing dental assistants shall not supervise more
than 4 dental assistants at any one time for the
monitoring of nitrous oxide.
(5) Removal of calculus from human teeth.
(6) Taking of material or digital scans for final
impressions for the fabrication of prosthetic
appliances, crowns, bridges, inlays, onlays, or other
restorative or replacement dentistry.
(7) The operative procedure of dental hygiene
consisting of oral prophylactic procedures, except for
coronal polishing and pit and fissure sealants, which
may be performed by a dental assistant who has
successfully completed a training program approved by
the Department. Dental assistants may perform coronal
polishing under the following circumstances: (i) the
coronal polishing shall be limited to polishing the
clinical crown of the tooth and existing restorations,
supragingivally; (ii) the dental assistant performing
the coronal polishing shall be limited to the use of
rotary instruments using a rubber cup or brush
polishing method (air polishing is not permitted); and
(iii) the supervising dentist shall not supervise more
than 4 dental assistants at any one time for the task
of coronal polishing or pit and fissure sealants.
In addition to coronal polishing and pit and
fissure sealants as described in this item (7), a
dental assistant who has at least 2,000 hours of
direct clinical patient care experience and who has
successfully completed a structured training program
provided by (1) an educational institution including,
but not limited to, a dental school or dental hygiene
or dental assistant program, (2) a continuing
education provider approved by the Department, or (3)
a statewide dental or dental hygienist association
that has developed and conducted a training program
for expanded functions for dental assistants or
hygienists may perform: (A) coronal scaling above the
gum line, supragingivally, on the clinical crown of
the tooth only on patients 17 years of age or younger
who have an absence of periodontal disease and who are
not medically compromised or individuals with special
needs and (B) intracoronal temporization of a tooth.
The training program must: (I) include a minimum of 32
hours of instruction in both didactic and clinical
manikin or human subject instruction; all training
programs shall include areas of study in dental
anatomy, public health dentistry, medical history,
dental emergencies, and managing the pediatric
patient; (II) include an outcome assessment
examination that demonstrates competency; (III)
require the supervising dentist to observe and approve
the completion of 6 full mouth supragingival scaling
procedures unless the training was received as part of
a Commission on Dental Accreditation approved dental
assistant program; and (IV) issue a certificate of
completion of the training program, which must be kept
on file at the dental office and be made available to
the Department upon request. A dental assistant must
have successfully completed an approved coronal
polishing course prior to taking the coronal scaling
course. A dental assistant performing these functions
shall be limited to the use of hand instruments only.
In addition, coronal scaling as described in this
paragraph shall only be utilized on patients who are
eligible for Medicaid, who are uninsured, or whose
household income is not greater than 300% of the
federal poverty level. A dentist may not supervise
more than 2 dental assistants at any one time for the
task of coronal scaling. This paragraph is inoperative
on and after January 1, 2026.
The limitations on the number of dental assistants a
dentist may supervise contained in items (2), (4), and (7)
of this paragraph (g) mean a limit of 4 total dental
assistants or dental hygienists doing expanded functions
covered by these Sections being supervised by one dentist;
or
(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a general dental license and has complied with all
provisions of Section 9 of this Act, except for the
passage of the examination specified in subsection (e)
of Section 9 of this Act; or
(ii) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a temporary dental license and has complied with all
provisions of subsection (c) of Section 11 of this
Act; and
(iii) has been accepted or appointed for specialty
or residency training by a hospital situated in this
State; or
(iv) has been accepted or appointed for specialty
training in an approved dental program situated in
this State; or
(v) has been accepted or appointed for specialty
training in a dental public health agency situated in
this State.
The applicant shall be permitted to practice dentistry
for a period of 3 months from the starting date of the
program, unless authorized in writing by the Department to
continue such practice for a period specified in writing
by the Department.
The applicant shall only be entitled to perform such
acts as may be prescribed by and incidental to his or her
program of residency or specialty training and shall not
otherwise engage in the practice of dentistry in this
State.
The authority to practice shall terminate immediately
upon:
(1) the decision of the Department that the
applicant has failed the examination; or
(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
(225 ILCS 25/19.2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19.2. Temporary permit for free dental care.
(a) Upon Board recommendation, the Department may issue a
temporary permit authorizing the practice in this State,
without compensation, of dentistry to an applicant who is
licensed to practice dentistry in another state, if all of the
following apply:
(1) the Department determines that the applicant's
services will improve the welfare of Illinois residents
who are eligible for Medicaid or who are uninsured and
whose household income is not greater than 200% of the
federal poverty level;
(2) the applicant has graduated from a dental program
approved by the American Dental Association's Commission
on Dental Accreditation and maintains an equivalent
authorization to practice dentistry in good standing in
his or her native licensing jurisdiction during the period
of the temporary visiting dentist permit and can furnish
the Department a certified letter upon request from that
jurisdiction attesting to the fact that the applicant has
no pending action or violations against his or her
license;
(3) the applicant has received an invitation to
perform dental care by a charitable organization or has
received an invitation to study or receive training on
specific dental or clinical subjects or techniques by a
licensed continuing education sponsor who is approved by
the Department to provide clinical training in the State
of Illinois on patients for the welfare of Illinois
residents pursuant to subsection (a-5) and is in
compliance with the provisions of this Act;
(4) the applicant will be working pursuant to a
collaborative agreement with and under the direct
supervision of an Illinois licensed dentist, who is in
good standing, during the duration of the program. The
supervising dentist must be physically present during all
clinical training courses; and
(5) payment of a fee established by rule.
The Department may adopt rules to implement this
subsection.
(a-5) Upon Board recommendation, after the filing of an
application, the Department may allow approved continuing
education sponsors to be licensed to provide live patient
continuing education clinical training courses if the
following requirements are met:
(1) the continuing education course provides services,
without compensation, that will improve the welfare of
Illinois residents as described in paragraph (1) of
subsection (a). The application to the Board must include
the following information for review and approval by the
Department:
(i) a plan of follow-up care and training models;
(ii) any and all documentation to be signed by the
patients, including, but not limited to, waivers,
consent forms, and releases;
(iii) information related to the facilities being
utilized, staffing plans, and emergency plans;
(iv) the process by which patients will be
contacted before, during, and after treatment;
(v) the intended population that will be receiving
treatment; and
(vi) proof of valid malpractice insurance for the
approved continuing education sponsor that extends
coverage to clinical staff, trainees, and out-of-state
permit holders that meet the requirements of
subsection (a);
(2) a valid written collaborative agreement must exist
between the temporary visiting dentist and the Illinois
licensed dentist co-treating patients under this Section.
The collaborative agreement must include a description of
the care to be provided and procedures to be performed by
the temporary visiting dentist. There shall be no more
than 5 trainees per supervising dentist. A copy of this
agreement shall become part of the patient's dental record
and shall be made available upon request to the
Department; and
(3) payment of a fee established by rule.
A continuing education sponsor license issued under this
Section shall be valid for a period of time as provided by
rule.
The Department shall adopt rules to implement this
subsection.
(b) (Blank).
(c) A temporary permit shall be valid for no longer than 5
consecutive clinical days within 6 months from the date of
issuance. The temporary permit may be issued once per year to a
visiting dentist. Temporary permits under subsection (a) may
be restored no more than one time within 5 years of the initial
permits issuance. The Department may require an applicant to
pay a fee for the issuance or restoration of a permit under
this Section.
(d) (Blank).
(e) The temporary permit shall only permit the holder to
practice dentistry within the scope of the dental studies and
in conjunction with one of the following:
(1) the charitable organization; or
(2) a continuing education program provided by a
continuing education sponsor approved by the Department
pursuant to this Section that the permit holder is
attending.
(f) The temporary visiting dentist may not administer
moderate conscious sedation, deep sedation, or general
anesthesia.
(g) A patient who seeks treatment from a temporary
visiting dentist must sign a consent form acknowledging that
the care the patient will receive will be provided by a dentist
not licensed in the State of Illinois and that the Illinois
licensed dentist who has the collaborative agreement with the
temporary visiting dentist will be responsible for all the
follow-up care associated with the treatment rendered to the
patient.
(h) An application for the temporary permit shall be made
to the Department in writing on forms prescribed by the
Department and shall be accompanied by a nonrefundable fee
established by rule.
(i) An applicant for a temporary permit may be requested
to appear before the Board to respond to questions concerning
the applicant's qualifications to receive the permit. An
applicant's refusal to appear before the Board may be grounds
for denial of the application by the Department.
(j) The Secretary may summarily cancel any permit or
license issued pursuant to this Section without a hearing if
the Secretary finds that evidence in his or her possession
indicates that a continuing education sponsor licensed under
this Section or a temporary permit holder's continuation in
practice would constitute an imminent danger to the public or
violate any provision of this Act or its rules. If the
Secretary summarily cancels a permit or license issued
pursuant to this Section, the permit holder or licensee may
petition the Department for a hearing in accordance with the
provisions of subsection (b) of Section 26 of this Act to
reinstate his or her permit or license.
(k) In addition to terminating any permit or license
issued pursuant to this Section, the Department may impose a
monetary penalty not to exceed $10,000 upon the temporary
permit holder or licensee and may notify any state in which the
temporary permit holder or licensee has been issued a license
that his or her Illinois permit or license has been terminated
and the reasons for the termination. The monetary penalty
shall be paid within 60 days after the effective date of the
order imposing the penalty. The order shall constitute a
judgment and may be filed and execution had thereon in the same
manner as any judgment from any court of record. It is the
intent of the General Assembly that a permit or license issued
pursuant to this Section shall be considered a privilege and
not a property right.
(Source: P.A. 102-582, eff. 1-1-22.)
(225 ILCS 25/45) (from Ch. 111, par. 2345)
(Section scheduled to be repealed on January 1, 2026)
Sec. 45. Advertising. The purpose of this Section is to
authorize and regulate the advertisement by dentists of
information which is intended to provide the public with a
sufficient basis upon which to make an informed selection of
dentists while protecting the public from false or misleading
advertisements which would detract from the fair and rational
selection process.
Any dentist may advertise the availability of dental
services in the public media or on the premises where such
dental services are rendered. Such advertising shall be
limited to the following information:
(a) The dental services available;
(b) Publication of the dentist's name, title, office
hours, address and telephone;
(c) Information pertaining to his or her area of
specialization, including appropriate board certification
or limitation of professional practice;
(d) Information on usual and customary fees for
routine dental services offered, which information shall
include notification that fees may be adjusted due to
complications or unforeseen circumstances;
(e) Announcement of the opening of, change of, absence
from, or return to business;
(f) Announcement of additions to or deletions from
professional dental staff;
(g) The issuance of business or appointment cards;
(h) Other information about the dentist, dentist's
practice or the types of dental services which the dentist
offers to perform which a reasonable person might regard
as relevant in determining whether to seek the dentist's
services. However, any advertisement which announces the
availability of endodontics, pediatric dentistry,
periodontics, prosthodontics, orthodontics and
dentofacial orthopedics, oral and maxillofacial surgery,
or oral and maxillofacial radiology by a general dentist
or by a licensed specialist who is not licensed in that
specialty shall include a disclaimer stating that the
dentist does not hold a license in that specialty.
Any dental practice with more than one location that
enrolls its dentist as a participating provider in a managed
care plan's network must verify electronically or in writing
to the managed care plan whether the provider is accepting new
patients at each of the specific locations listing the
provider. The health plan shall remove the provider from the
directory in accordance with standard practices within 10
business days after being notified of the changes by the
provider. Nothing in this paragraph shall void any contractual
relationship between the provider and the plan.
It is unlawful for any dentist licensed under this Act to
do any of the following:
(1) Use claims of superior quality of care to entice
the public.
(2) Advertise in any way to practice dentistry without
causing pain.
(3) Pay a fee to any dental referral service or other
third party who advertises a dental referral service,
unless all advertising of the dental referral service
makes it clear that dentists are paying a fee for that
referral service.
(4) Advertise or offer gifts as an inducement to
secure dental patronage. Dentists may advertise or offer
free examinations or free dental services; it shall be
unlawful, however, for any dentist to charge a fee to any
new patient for any dental service provided at the time
that such free examination or free dental services are
provided.
(5) Use the term "sedation dentistry" or similar terms
in advertising unless the advertising dentist holds a
valid and current permit issued by the Department to
administer either general anesthesia, deep sedation, or
moderate conscious sedation as required under Section 8.1
of this Act.
This Act does not authorize the advertising of dental
services when the offeror of such services is not a dentist.
Nor shall the dentist use statements which contain false,
fraudulent, deceptive or misleading material or guarantees of
success, statements which play upon the vanity or fears of the
public, or statements which promote or produce unfair
competition.
A dentist shall be required to keep a copy of all
advertisements for a period of 3 years. All advertisements in
the dentist's possession shall indicate the accurate date and
place of publication.
The Department shall adopt rules to carry out the intent
of this Section.
(Source: P.A. 99-329, eff. 1-1-16.)