Illinois 2025-2026 Regular Session

Illinois House Bill HB1805 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB1805 EngrossedLRB104 07526 AAS 17570 b HB1805 Engrossed LRB104 07526 AAS 17570 b
2		-	HB1805 Engrossed LRB104 07526 AAS 17570 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1805 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: See Index Amends the Regulatory Sunset Act. Changes the repeal date of the Illinois Dental Practice Act from January 1, 2026 to January 1, 2031. Amends the Illinois Dental Practice Act. Adds a definition for "email address of record". Provides that all applicants and licensees shall provide a valid address and email address to the Department upon application for licensure or renewal of a license and inform the Department of any change in the applicant or licensee's address of record or email address of record within 14 days after such change. Adds Individual Taxpayer Identification Number to provisions concerning information that an applicant must include in an application to the Department. Adds concealment in the application for a license under the Act to causes that allow the Department to take action on a license. Provides that the Department may subpoena the dental records of individual patients of dentists and dental hygienists under the Act, upon a determination that reasonable cause exists, without patient consent. Removes provision that states that exhibits in a judicial review proceeding shall be certified without cost. Adds a definition of "agent of a dentist" to provisions concerning third-party financing for dental services. Makes conforming and other changes. Provides that the changes to the Regulatory Sunset Act are effective immediately. LRB104 07526 AAS 17570 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1805 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: See Index See Index Amends the Regulatory Sunset Act. Changes the repeal date of the Illinois Dental Practice Act from January 1, 2026 to January 1, 2031. Amends the Illinois Dental Practice Act. Adds a definition for "email address of record". Provides that all applicants and licensees shall provide a valid address and email address to the Department upon application for licensure or renewal of a license and inform the Department of any change in the applicant or licensee's address of record or email address of record within 14 days after such change. Adds Individual Taxpayer Identification Number to provisions concerning information that an applicant must include in an application to the Department. Adds concealment in the application for a license under the Act to causes that allow the Department to take action on a license. Provides that the Department may subpoena the dental records of individual patients of dentists and dental hygienists under the Act, upon a determination that reasonable cause exists, without patient consent. Removes provision that states that exhibits in a judicial review proceeding shall be certified without cost. Adds a definition of "agent of a dentist" to provisions concerning third-party financing for dental services. Makes conforming and other changes. Provides that the changes to the Regulatory Sunset Act are effective immediately. LRB104 07526 AAS 17570 b LRB104 07526 AAS 17570 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1805 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
	3	+	See Index See Index
	4	+	See Index
	5	+	Amends the Regulatory Sunset Act. Changes the repeal date of the Illinois Dental Practice Act from January 1, 2026 to January 1, 2031. Amends the Illinois Dental Practice Act. Adds a definition for "email address of record". Provides that all applicants and licensees shall provide a valid address and email address to the Department upon application for licensure or renewal of a license and inform the Department of any change in the applicant or licensee's address of record or email address of record within 14 days after such change. Adds Individual Taxpayer Identification Number to provisions concerning information that an applicant must include in an application to the Department. Adds concealment in the application for a license under the Act to causes that allow the Department to take action on a license. Provides that the Department may subpoena the dental records of individual patients of dentists and dental hygienists under the Act, upon a determination that reasonable cause exists, without patient consent. Removes provision that states that exhibits in a judicial review proceeding shall be certified without cost. Adds a definition of "agent of a dentist" to provisions concerning third-party financing for dental services. Makes conforming and other changes. Provides that the changes to the Regulatory Sunset Act are effective immediately.
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	8	+	A BILL FOR
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	10	+	HB1805 LRB104 07526 AAS 17570 b
3	11		1 AN ACT concerning regulation.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Regulatory Sunset Act is amended by
7	15		5 changing Section 4.36 and by adding Section 4.41 as follows:
8	16		6 (5 ILCS 80/4.36)
9	17		7 Sec. 4.36. Acts repealed on January 1, 2026. The following
10	18		8 Acts are repealed on January 1, 2026:
11	19		9 The Barber, Cosmetology, Esthetics, Hair Braiding, and
12	20		10 Nail Technology Act of 1985.
13	21		11 The Collection Agency Act.
14	22		12 The Hearing Instrument Consumer Protection Act.
15	23		13 The Illinois Athletic Trainers Practice Act.
16	24		14 The Illinois Dental Practice Act.
17	25		15 The Illinois Roofing Industry Licensing Act.
18	26		16 The Illinois Physical Therapy Act.
19	27		17 The Professional Geologist Licensing Act.
20	28		18 The Respiratory Care Practice Act.
21	29		19 (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
22	30		20 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
23	31		21 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
24	32		22 12-31-15; 99-642, eff. 7-28-16.)
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	36	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1805 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
	37	+	See Index See Index
	38	+	See Index
	39	+	Amends the Regulatory Sunset Act. Changes the repeal date of the Illinois Dental Practice Act from January 1, 2026 to January 1, 2031. Amends the Illinois Dental Practice Act. Adds a definition for "email address of record". Provides that all applicants and licensees shall provide a valid address and email address to the Department upon application for licensure or renewal of a license and inform the Department of any change in the applicant or licensee's address of record or email address of record within 14 days after such change. Adds Individual Taxpayer Identification Number to provisions concerning information that an applicant must include in an application to the Department. Adds concealment in the application for a license under the Act to causes that allow the Department to take action on a license. Provides that the Department may subpoena the dental records of individual patients of dentists and dental hygienists under the Act, upon a determination that reasonable cause exists, without patient consent. Removes provision that states that exhibits in a judicial review proceeding shall be certified without cost. Adds a definition of "agent of a dentist" to provisions concerning third-party financing for dental services. Makes conforming and other changes. Provides that the changes to the Regulatory Sunset Act are effective immediately.
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	42	+	A BILL FOR
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	48	+	See Index
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33	67		1 (5 ILCS 80/4.41 new)
34	68		2 Sec. 4.41. Act repealed on January 1, 2031. The following
35	69		3 Act is repealed on January 1, 2031:
36	70		4 The Illinois Dental Practice Act.
37	71		5 Section 10. The Illinois Dental Practice Act is amended by
38		-	6 changing Sections 2, 4, 6~~, 8~~, 8.05, 11, 13, 14, 16, 17, 18,
39		-	7 ~~18.1,~~ 19, 19.2, 20, 22, 23, 23a, 23b, 24, 25, 25.1, 26, 29, 30,
40		-	8 ~~32,~~ 34, 38.2, 40, 45, 45.5, 48, 49, 54, 54.2, 54.3, and 55 and
41		-	9 by adding Section 4.5 as follows:
	72	+	6 changing Sections 2, 4, 6, 8.05, 11, 13, 14, 16, 17, 18, 18.1,
	73	+	7 19, 19.2, 20, 22, 23, 23a, 23b, 24, 25, 25.1, 26, 29, 30, 32,
	74	+	8 34, 38.2, 40, 45, 45.5, 48, 49, 54, 54.2, 54.3, and 55 and by
	75	+	9 adding Section 4.5 as follows:
42	76		10 (225 ILCS 25/2) (from Ch. 111, par. 2302)
43	77		11 (Section scheduled to be repealed on January 1, 2026)
44	78		12 Sec. 2. Legislative declaration of public policy. The
45	79		13 practice of dentistry in the State of Illinois is hereby
46	80		14 declared to affect the public health, safety and welfare and
47	81		15 to be subject to regulation and control in the public
48	82		16 interest. It is further declared to be a matter of public
49	83		17 interest and concern that the dental profession merit and
50	84		18 receive the confidence of the public and that only qualified
51	85		19 persons be permitted to practice dentistry in the State of
52	86		20 Illinois. Despite the authority granted under this Act
53	87		21 allowing dentists to delegate the performance of certain
54	88		22 procedures to dental hygienists and dental assistants, nothing
55	89		23 contained in this Act shall be construed in any way to relieve
56	90		24 the supervising dentist from ultimate responsibility for the
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67	101		1 care of the his or her patient. This Act shall be liberally
68	102		2 construed to carry out these objects and purposes.
69	103		3 It is further declared to be the public policy of this
70	104		4 State, pursuant to subsections (h) and (i) of Section 6 of
71	105		5 Article VII of the Illinois Constitution of 1970, that any
72	106		6 power or function set forth in this Act to be exercised by the
73	107		7 State is an exclusive State power or function. Such power or
74	108		8 function shall not be exercised concurrently, either directly
75	109		9 or indirectly, by any unit of local government, including home
76	110		10 rule units, except as otherwise provided in this Act.
77	111		11 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
78	112		12 (225 ILCS 25/4)
79	113		13 (Section scheduled to be repealed on January 1, 2026)
80	114		14 Sec. 4. Definitions. As used in this Act:
81	115		15 "Address of record" means the designated address recorded
82	116		16 by the Department in the applicant's or licensee's application
83	117		17 file or license file as maintained by the Department's
84	118		18 licensure maintenance unit. It is the duty of the applicant or
85	119		19 licensee to inform the Department of any change of address and
86	120		20 those changes must be made either through the Department's
87	121		21 website or by contacting the Department.
88	122		22 "Email address of record" means the designated email
89	123		23 address recorded by the Department in the applicant's
90	124		24 application file or the licensee's license file, as maintained
91	125		25 by the Department's licensure maintenance unit.
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102	136		1 "Department" means the Department of Financial and
103	137		2 Professional Regulation.
104	138		3 "Secretary" means the Secretary of Financial and
105	139		4 Professional Regulation.
106	140		5 "Board" means the Board of Dentistry.
107	141		6 "Dentist" means a person who has received a general
108	142		7 license pursuant to subsection paragraph (a) of Section 11 of
109	143		8 this Act and who may perform any intraoral and extraoral
110	144		9 procedure required in the practice of dentistry and to whom is
111	145		10 reserved the responsibilities specified in Section 17.
112	146		11 "Dental hygienist" means a person who holds a license
113	147		12 under this Act to perform dental services as authorized by
114	148		13 Section 18.
115	149		14 "Dental assistant" means an appropriately trained person
116	150		15 who, under the supervision of a dentist, provides dental
117	151		16 services as authorized by Section 17.
118	152		17 "Expanded function dental assistant" means a dental
119	153		18 assistant who has completed the training required by Section
120	154		19 17.1 of this Act.
121	155		20 "Dental laboratory" means a person, firm, or corporation
122	156		21 which:
123	157		22 (i) engages in making, providing, repairing, or
124	158		23 altering dental prosthetic appliances and other artificial
125	159		24 materials and devices which are returned to a dentist for
126	160		25 insertion into the human oral cavity or which come in
127	161		26 contact with its adjacent structures and tissues; and
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138	172		1 (ii) utilizes or employs a dental technician to
139	173		2 provide such services; and
140	174		3 (iii) performs such functions only for a dentist or
141	175		4 dentists.
142	176		5 "Supervision" means supervision of a dental hygienist or a
143	177		6 dental assistant requiring that a dentist authorize the
144	178		7 procedure, remain in the dental facility while the procedure
145	179		8 is performed, and approve the work performed by the dental
146	180		9 hygienist or dental assistant before dismissal of the patient,
147	181		10 but does not mean that the dentist must be present at all times
148	182		11 in the treatment room.
149	183		12 "General supervision" means supervision of a dental
150	184		13 hygienist requiring that the patient be a patient of record,
151	185		14 that the dentist examine the patient in accordance with
152	186		15 Section 18 prior to treatment by the dental hygienist, and
153	187		16 that the dentist authorize the procedures which are being
154	188		17 carried out by a notation in the patient's record, but not
155	189		18 requiring that a dentist be present when the authorized
156	190		19 procedures are being performed. The issuance of a prescription
157	191		20 to a dental laboratory by a dentist does not constitute
158	192		21 general supervision.
159	193		22 "Public member" means a person who is not a health
160	194		23 professional. For purposes of board membership, any person
161	195		24 with a significant financial interest in a health service or
162	196		25 profession is not a public member.
163	197		26 "Dentistry" means the healing art which is concerned with
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174	208		1 the examination, diagnosis, treatment planning, and care of
175	209		2 conditions within the human oral cavity and its adjacent
176	210		3 tissues and structures, as further specified in Section 17.
177	211		4 "Branches of dentistry" means the various specialties of
178	212		5 dentistry which, for purposes of this Act, shall be limited to
179	213		6 the following: endodontics, oral and maxillofacial surgery,
180	214		7 orthodontics and dentofacial orthopedics, pediatric dentistry,
181	215		8 periodontics, prosthodontics, oral and maxillofacial
182	216		9 radiology, and dental anesthesiology.
183	217		10 "Specialist" means a dentist who has received a specialty
184	218		11 license pursuant to subsection (b) of Section 11 11(b).
185	219		12 "Dental technician" means a person who owns, operates, or
186	220		13 is employed by a dental laboratory and engages in making,
187	221		14 providing, repairing, or altering dental prosthetic appliances
188	222		15 and other artificial materials and devices which are returned
189	223		16 to a dentist for insertion into the human oral cavity or which
190	224		17 come in contact with its adjacent structures and tissues.
191	225		18 "Informed consent" means legally valid consent that is
192	226		19 given by a patient or legal guardian, that is recorded in
193	227		20 writing or digitally, that authorizes intervention or
194	228		21 treatment services from the treating dentist, and that
195	229		22 documents agreement to participate in those services and
196	230		23 knowledge of the risks, benefits, and alternatives, including
197	231		24 the decision to withdraw from or decline treatment.
198	232		25 "Impaired dentist" or "impaired dental hygienist" means a
199	233		26 dentist or dental hygienist who is unable to practice with
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210	244		1 reasonable skill and safety because of a physical or mental
211	245		2 disability as evidenced by a written determination or written
212	246		3 consent based on clinical evidence, including deterioration
213	247		4 through the aging process, loss of motor skills, abuse of
214	248		5 drugs or alcohol, or a psychiatric disorder, of sufficient
215	249		6 degree to diminish the person's ability to deliver competent
216	250		7 patient care.
217	251		8 "Nurse" means a registered professional nurse, a certified
218	252		9 registered nurse anesthetist licensed as an advanced practice
219	253		10 registered nurse, or a licensed practical nurse licensed under
220	254		11 the Nurse Practice Act.
221	255		12 "Patient of record", except as provided in Section 17.2,
222	256		13 means a patient for whom the patient's most recent dentist has
223	257		14 obtained a relevant medical and dental history and on whom the
224	258		15 dentist has performed a physical examination within the last
225	259		16 year and evaluated the condition to be treated, including a
226	260		17 review of the patient's most recent x-rays.
227	261		18 "Dental responder" means a dentist or dental hygienist who
228	262		19 is appropriately certified in disaster preparedness,
229	263		20 immunizations, and dental humanitarian medical response
230	264		21 consistent with the Society of Disaster Medicine and Public
231	265		22 Health and training certified by the National Incident
232	266		23 Management System or the National Disaster Life Support
233	267		24 Foundation.
234	268		25 "Mobile dental van or portable dental unit" means any
235	269		26 self-contained or portable dental unit in which dentistry is
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246	280		1 practiced that can be moved, towed, or transported from one
247	281		2 location to another in order to establish a location where
248	282		3 dental services can be provided.
249	283		4 "Public health dental hygienist" means a hygienist who
250	284		5 holds a valid license to practice in the State, has 2 years of
251	285		6 full-time clinical experience or an equivalent of 4,000 hours
252	286		7 of clinical experience, and has completed at least 42 clock
253	287		8 hours of additional structured courses in dental education in
254	288		9 advanced areas specific to public health dentistry.
255	289		10 "Public health setting" means a federally qualified health
256	290		11 center; a federal, State, or local public health facility;
257	291		12 Head Start; a special supplemental nutrition program for
258	292		13 Women, Infants, and Children (WIC) facility; a certified
259	293		14 school-based health center or school-based oral health
260	294		15 program; a prison; or a long-term care facility.
261	295		16 "Public health supervision" means the supervision of a
262	296		17 public health dental hygienist by a licensed dentist who has a
263	297		18 written public health supervision agreement with that public
264	298		19 health dental hygienist while working in an approved facility
265	299		20 or program that allows the public health dental hygienist to
266	300		21 treat patients, without a dentist first examining the patient
267	301		22 and being present in the facility during treatment, (1) who
268	302		23 are eligible for Medicaid or (2) who are uninsured or whose
269	303		24 household income is not greater than 300% of the federal
270	304		25 poverty level.
271	305		26 "Teledentistry" means the use of telehealth systems and
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282	316		1 methodologies in dentistry and includes patient diagnosis,
283	317		2 treatment planning, care, and education delivery for a patient
284	318		3 of record using synchronous and asynchronous communications
285	319		4 under an Illinois licensed dentist's authority as provided
286	320		5 under this Act.
287	321		6 "Moderate sedation" means a drug-induced depression of
288	322		7 consciousness during which: (1) patients respond purposefully
289	323		8 to verbal commands, either alone or accompanied by light
290	324		9 tactile stimulation; (2) no interventions are required to
291	325		10 maintain a patient's airway and spontaneous ventilation is
292	326		11 adequate; and (3) cardiovascular function is usually
293	327		12 maintained.
294	328		13 "Deep sedation" means a drug-induced depression of
295	329		14 consciousness during which: (1) patients cannot be easily
296	330		15 aroused, but respond purposefully following repeated or
297	331		16 painful stimulation; (2) the ability to independently maintain
298	332		17 ventilatory function may be impaired; (3) patients may require
299	333		18 assistance in maintaining airways and spontaneous ventilation
300	334		19 may be inadequate; and (4) cardiovascular function is usually
301	335		20 maintained.
302	336		21 "General anesthesia" means a drug-induced loss of
303	337		22 consciousness during which: (1) patients are not arousable,
304	338		23 even by painful stimulation; (2) the ability to independently
305	339		24 maintain ventilatory function is often impaired; (3) patients
306	340		25 often require assistance in maintaining airways and positive
307	341		26 pressure ventilation may be required because of depressed
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311	345
312	346
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314		-
315		-
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317		-	HB1805 ~~Engrossed~~ - 10 - LRB104 07526 AAS 17570 b
	347	+	HB1805 - 9 - LRB104 07526 AAS 17570 b
	348	+
	349	+
	350	+	HB1805- 10 -LRB104 07526 AAS 17570 b HB1805 - 10 - LRB104 07526 AAS 17570 b
	351	+	HB1805 - 10 - LRB104 07526 AAS 17570 b
318	352		1 spontaneous ventilation or drug-induced depression of
319	353		2 neuromuscular function; and (4) cardiovascular function may be
320	354		3 impaired.
321	355		4 "Venipuncture" means the puncture of a vein as part of a
322	356		5 medical procedure, typically to withdraw a blood sample or for
323	357		6 an intravenous catheter for the administration of medication
324	358		7 or fluids.
325	359		8 "Enteral route of administration" means administration of
326	360		9 a drug that is absorbed through the gastrointestinal tract or
327	361		10 through oral, rectal, or sublingual mucosa.
328	362		11 "Parenteral route of administration" means administration
329	363		12 of a drug by which the drug bypasses the gastrointestinal
330	364		13 tract through intramuscular, intravenous, intranasal,
331	365		14 submucosal, subcutaneous, or intraosseous methods.
332	366		15 (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
333	367		16 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
334	368		17 1-1-24; 103-605, eff. 7-1-24; 103-628, eff. 7-1-24; 103-902,
335	369		18 eff. 8-9-24; revised 10-10-24.)
336	370		19 (225 ILCS 25/4.5 new)
337	371		20 Sec. 4.5. Address of record; email address of record. All
338	372		21 applicants and licensees shall:
339	373		22 (1) provide a valid address and email address to the
340	374		23 Department, which shall serve as the address of record and
341	375		24 email address of record, respectively, upon application for
342	376		25 licensure or renewal of a license; and
343	377
344	378
345	379
346	380
347	381
348		-	HB1805 ~~Engrossed~~ - 10 - LRB104 07526 AAS 17570 b
349		-
350		-
351		-	HB1805 ~~Engrossed~~- 11 -LRB104 07526 AAS 17570 b HB1805 ~~Engrossed~~ - 11 - LRB104 07526 AAS 17570 b
352		-	HB1805 ~~Engrossed~~ - 11 - LRB104 07526 AAS 17570 b
	382	+	HB1805 - 10 - LRB104 07526 AAS 17570 b
	383	+
	384	+
	385	+	HB1805- 11 -LRB104 07526 AAS 17570 b HB1805 - 11 - LRB104 07526 AAS 17570 b
	386	+	HB1805 - 11 - LRB104 07526 AAS 17570 b
353	387		1 (2) inform the Department of any change in the applicant
354	388		2 or licensee's address of record or email address of record
355	389		3 within 14 days after such change, either through the
356	390		4 Department's website or by contacting the Department's
357	391		5 licensure maintenance unit.
358	392		6 (225 ILCS 25/6) (from Ch. 111, par. 2306)
359	393		7 (Section scheduled to be repealed on January 1, 2026)
360	394		8 Sec. 6. Board of Dentistry; report Dentistry - report by
361	395		9 majority required. There is created a Board of Dentistry, to
362	396		10 be composed of persons designated from time to time by the
363	397		11 Secretary, as follows:
364	398		12 Eleven persons, 8 of whom have been dentists for a period
365	399		13 of 5 years or more; 2 of whom have been dental hygienists for a
366	400		14 period of 5 years or more, and one public member. None of the
367	401		15 members shall be an officer, dean, assistant dean, or
368	402		16 associate dean of a dental college or dental department of an
369	403		17 institute of learning, nor shall any member be the program
370	404		18 director of any dental hygiene program. A board member who
371	405		19 holds a faculty position in a dental school or dental hygiene
372	406		20 program shall not participate in the examination of applicants
373	407		21 for licenses from that school or program. The dental
374	408		22 hygienists shall not participate in the examination of
375	409		23 applicants for licenses to practice dentistry. The public
376	410		24 member shall not participate in the examination of applicants
377	411		25 for licenses to practice dentistry or dental hygiene. The
378	412
379	413
380	414
381	415
382	416
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384		-
385		-
386		-	HB1805 ~~Engrossed~~- 12 -LRB104 07526 AAS 17570 b HB1805 ~~Engrossed~~ - 12 - LRB104 07526 AAS 17570 b
387		-	HB1805 ~~Engrossed~~ - 12 - LRB104 07526 AAS 17570 b
	417	+	HB1805 - 11 - LRB104 07526 AAS 17570 b
	418	+
	419	+
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	421	+	HB1805 - 12 - LRB104 07526 AAS 17570 b
388	422		1 board shall annually elect a chairman and vice-chairman who
389	423		2 shall be dentists.
390	424		3 Terms for all members shall be for 4 years. Partial terms
391	425		4 over 2 years in length shall be considered as full terms. A
392	426		5 member may be reappointed for a successive term, but no member
393	427		6 shall serve more than 2 full terms in the member's his or her
394	428		7 lifetime.
395	429		8 The membership of the Board shall include only residents
396	430		9 from various geographic areas of this State and shall include
397	431		10 at least some graduates from various institutions of dental
398	432		11 education in this State.
399	433		12 In making appointments to the Board the Secretary shall
400	434		13 give due consideration to recommendations by organizations of
401	435		14 the dental profession in Illinois, including the Illinois
402	436		15 State Dental Society and Illinois Dental Hygienists
403	437		16 Association, and shall promptly give due notice to such
404	438		17 organizations of any vacancy in the membership of the Board.
405	439		18 The Secretary may terminate the appointment of any member for
406	440		19 cause which in the opinion of the Secretary reasonably
407	441		20 justifies such termination.
408	442		21 A vacancy in the membership of the Board shall not impair
409	443		22 the right of a quorum to exercise all the rights and perform
410	444		23 all the duties of the Board. Any action to be taken by the
411	445		24 Board under this Act may be authorized by resolution at any
412	446		25 regular or special meeting, and each such resolution shall
413	447		26 take effect immediately. The Board shall meet at least
414	448
415	449
416	450
417	451
418	452
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420		-
421		-
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423		-	HB1805 ~~Engrossed~~ - 13 - LRB104 07526 AAS 17570 b
	453	+	HB1805 - 12 - LRB104 07526 AAS 17570 b
	454	+
	455	+
	456	+	HB1805- 13 -LRB104 07526 AAS 17570 b HB1805 - 13 - LRB104 07526 AAS 17570 b
	457	+	HB1805 - 13 - LRB104 07526 AAS 17570 b
424	458		1 quarterly.
425	459		2 The members of the Board shall each receive as
426	460		3 compensation a reasonable sum as determined by the Secretary
427	461		4 for each day actually engaged in the duties of the office, and
428	462		5 all legitimate and necessary expense incurred in attending the
429	463		6 meetings of the Board.
430	464		7 Members of the Board shall be immune from suit in any
431	465		8 action based upon any disciplinary proceedings or other
432	466		9 activities performed in good faith as members of the Board.
433	467		10 (Source: P.A. 99-492, eff. 12-31-15.)
434		-	11 (225 ILCS 25/8) ~~(from Ch. 111, par. 2308)~~
	468	+	11 (225 ILCS 25/8.05)
435	469		12 (Section scheduled to be repealed on January 1, 2026)
436		-	13 Sec. 8. Necessity for licensure of dentists and
437		-	14 applications for licenses. No person shall practice dentistry
438		-	15 without first applying for and obtaining a license for such
439		-	16 purpose from the Department.
440		-	17 Applications shall be accompanied by the required fee.
441		-	18 If an applicant neglects, fails without an approved
442		-	19 excuse, or refuses to take the next available examination
443		-	20 offered for licensure under this Act, the fee paid by the
444		-	21 applicant shall be forfeited to the Department and the
445		-	22 applicant's application shall expire denied. If an applicant
446		-	23 fails to pass an examination for licensure under this Act
447		-	24 within 3 years after filing the applicant's his application,
448		-	25 the application shall expire 3 years after the date the
449		-
450		-
451		-
452		-
453		-
454		-	HB1805 Engrossed - 13 - LRB104 07526 AAS 17570 b
455		-
456		-
457		-	HB1805 Engrossed- 14 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 14 - LRB104 07526 AAS 17570 b
458		-	HB1805 Engrossed - 14 - LRB104 07526 AAS 17570 b
459		-	1 application was filed be denied. However, such applicant may
460		-	2 thereafter make a new application for examination accompanied
461		-	3 by the required fee and provide evidence of meeting the
462		-	4 requirements in effect at the time of the new application.
463		-	5 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95;
464		-	6 89-626, eff. 8-9-96.)
465		-	7 (225 ILCS 25/8.05)
466		-	8 (Section scheduled to be repealed on January 1, 2026)
467		-	9 Sec. 8.05. Social Security Number or Individual Taxpayer
468		-	10 Identification Number on license application. In addition to
469		-	11 any other information required to be contained in the
470		-	12 application, every application for an original license under
471		-	13 this Act shall include the applicant's Social Security Number
472		-	14 or Individual Taxpayer Identification Number, which shall be
473		-	15 retained in the agency's records pertaining to the license. As
474		-	16 soon as practical, the Department shall assign a customer's
475		-	17 identification number to each applicant for a license.
476		-	18 Every application for a renewal or restored license shall
477		-	19 require the applicant's customer identification number.
478		-	20 (Source: P.A. 97-400, eff. 1-1-12.)
479		-	21 (225 ILCS 25/11) (from Ch. 111, par. 2311)
480		-	22 (Section scheduled to be repealed on January 1, 2026)
481		-	23 Sec. 11. Types of dental licenses. The Department shall
482		-	24 have the authority to issue the following types of licenses,
483		-
484		-
485		-
486		-
487		-
488		-	HB1805 Engrossed - 14 - LRB104 07526 AAS 17570 b
489		-
490		-
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492		-	HB1805 Engrossed - 15 - LRB104 07526 AAS 17570 b
493		-	1 to excuse the payment of fees for inactive status, to deliver
494		-	2 certificates of identification, and to extend pre-license
495		-	3 practice allowances as follows:
496		-	4 (a) General licenses. The Department shall issue a license
497		-	5 authorizing practice as a dentist to any person who qualifies
498		-	6 for a license under this Act.
499		-	7 (b) Specialty licenses. The Department shall issue a
500		-	8 license authorizing practice as a specialist in any particular
501		-	9 branch of dentistry to any dentist who has complied with the
502		-	10 requirements established for that particular branch of
503		-	11 dentistry at the time of making application. The Department
504		-	12 shall establish additional requirements of any dentist who
505		-	13 announces or holds himself or herself out to the public as a
506		-	14 specialist or as being specially qualified in any particular
507		-	15 branch of dentistry.
508		-	16 No dentist shall announce or hold himself or herself out
509		-	17 to the public as a specialist or as being specially qualified
510		-	18 in any particular branch of dentistry unless the dentist he or
511		-	19 she is licensed to practice in that specialty of dentistry.
512		-	20 The fact that any dentist shall announce by card,
513		-	21 letterhead, or any other form of communication using terms as
514		-	22 "Specialist", "Practice Limited To", or "Limited to Specialty
515		-	23 of" with the name of the branch of dentistry practiced as a
516		-	24 specialty, or shall use equivalent words or phrases to
517		-	25 announce the same, shall be prima facie evidence that the
518		-	26 dentist is holding himself or herself out to the public as a
519		-
520		-
521		-
522		-
523		-
524		-	HB1805 Engrossed - 15 - LRB104 07526 AAS 17570 b
525		-
526		-
527		-	HB1805 Engrossed- 16 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 16 - LRB104 07526 AAS 17570 b
528		-	HB1805 Engrossed - 16 - LRB104 07526 AAS 17570 b
529		-	1 specialist.
530		-	2 (c) Temporary training licenses. Persons who wish to
531		-	3 pursue specialty or other advanced clinical educational
532		-	4 programs in an approved dental school or a hospital situated
533		-	5 in this State, or persons who wish to pursue programs of
534		-	6 specialty training in dental public health in public agencies
535		-	7 in this State, may receive without examination, in the
536		-	8 discretion of the Department, a temporary training license. In
537		-	9 order to receive a temporary training license under this
538		-	10 subsection, an applicant shall furnish satisfactory proof to
539		-	11 the Department that:
540		-	12 (1) The applicant is at least 21 years of age and is of
541		-	13 good moral character. In determining moral character under
542		-	14 this Section, the Department may take into consideration
543		-	15 any felony conviction of the applicant, but such a
544		-	16 conviction shall not operate as bar to licensure;
545		-	17 (2) The applicant has been accepted or appointed for
546		-	18 specialty or residency training by an approved hospital
547		-	19 situated in this State, by an approved dental school
548		-	20 situated in this State, or by a public health agency in
549		-	21 this State the training programs of which are recognized
550		-	22 and approved by the Department. The applicant shall
551		-	23 indicate the beginning and ending dates of the period for
552		-	24 which the applicant he or she has been accepted or
553		-	25 appointed;
554		-	26 (3) The applicant is a graduate of a dental school or
555		-
556		-
557		-
558		-
559		-
560		-	HB1805 Engrossed - 16 - LRB104 07526 AAS 17570 b
561		-
562		-
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564		-	HB1805 Engrossed - 17 - LRB104 07526 AAS 17570 b
565		-	1 college approved and in good standing in the judgment of
566		-	2 the Department. The Department may consider diplomas or
567		-	3 certifications of education, or both, accompanied by
568		-	4 transcripts of course work and credits awarded to
569		-	5 determine if an applicant has graduated from a dental
570		-	6 school or college approved and in good standing. The
571		-	7 Department may also consider diplomas or certifications of
572		-	8 education, or both, accompanied by transcripts of course
573		-	9 work and credits awarded in determining whether a dental
574		-	10 school or college is approved and in good standing.
575		-	11 Temporary training licenses issued under this Section
576		-	12 shall be valid only for the duration of the period of residency
577		-	13 or specialty training and may be extended or renewed as
578		-	14 prescribed by rule. The holder of a valid temporary training
579		-	15 license shall be entitled thereby to perform acts as may be
580		-	16 prescribed by and incidental to the holder's his or her
581		-	17 program of residency or specialty training; but the holder he
582		-	18 or she shall not be entitled to engage in the practice of
583		-	19 dentistry in this State.
584		-	20 A temporary training license may be revoked by the
585		-	21 Department upon proof that the holder has engaged in the
586		-	22 practice of dentistry in this State outside of the holder's
587		-	23 his or her program of residency or specialty training, or if
588		-	24 the holder shall fail to supply the Department, within 10 days
589		-	25 of its request, with information as to the holder's his or her
590		-	26 current status and activities in the holder's his or her
591		-
592		-
593		-
594		-
595		-
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597		-
598		-
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600		-	HB1805 Engrossed - 18 - LRB104 07526 AAS 17570 b
601		-	1 specialty training program.
602		-	2 (d) Faculty limited licenses. Persons who have received
603		-	3 full-time appointments to teach dentistry at an approved
604		-	4 dental school or hospital situated in this State may receive
605		-	5 without examination, in the discretion of the Department, a
606		-	6 faculty limited license. In order to receive a faculty limited
607		-	7 license an applicant shall furnish satisfactory proof to the
608		-	8 Department that:
609		-	9 (1) The applicant is at least 21 years of age, is of
610		-	10 good moral character, and is licensed to practice
611		-	11 dentistry in another state or country; and
612		-	12 (2) The applicant has a full-time appointment to teach
613		-	13 dentistry at an approved dental school or hospital
614		-	14 situated in this State.
615		-	15 Faculty limited licenses issued under this Section shall
616		-	16 be valid for a period of 3 years and may be extended or
617		-	17 renewed. The holder of a valid faculty limited license may
618		-	18 perform acts as may be required by the holder's his or her
619		-	19 teaching of dentistry. The holder of a faculty limited license
620		-	20 may practice general dentistry or in the holder's his or her
621		-	21 area of specialty, but only in a clinic or office affiliated
622		-	22 with the dental school. The holder of a faculty limited
623		-	23 license may advertise a specialty degree as part of the
624		-	24 licensee's ability to practice in a faculty practice. Any
625		-	25 faculty limited license issued to a faculty member under this
626		-	26 Section shall terminate immediately and automatically, without
627		-
628		-
629		-
630		-
631		-
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633		-
634		-
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636		-	HB1805 Engrossed - 19 - LRB104 07526 AAS 17570 b
637		-	1 any further action by the Department, if the holder ceases to
638		-	2 be a faculty member at an approved dental school or hospital in
639		-	3 this State.
640		-	4 The Department may revoke a faculty limited license for a
641		-	5 violation of this Act or its rules, or if the holder fails to
642		-	6 supply the Department, within 10 days of its request, with
643		-	7 information as to the holder's his or her current status and
644		-	8 activities in the holder's his or her teaching program.
645		-	9 (e) Inactive status. Any person who holds one of the
646		-	10 licenses under subsection (a) or (b) of Section 11 or under
647		-	11 Section 12 of this Act may elect, upon payment of the required
648		-	12 fee, to place the his or her license on an inactive status and
649		-	13 shall, subject to the rules of the Department, be excused from
650		-	14 the payment of renewal fees until the holder he or she notifies
651		-	15 the Department in writing of the holder's his or her desire to
652		-	16 resume active status.
653		-	17 Any licensee requesting restoration from inactive status
654		-	18 shall be required to pay the current renewal fee, and, upon
655		-	19 payment, the Department shall be required to restore the his
656		-	20 or her license, as provided in Section 16 of this Act.
657		-	21 Any licensee whose license is in an inactive status shall
658		-	22 not practice in the State of Illinois.
659		-	23 (f) Certificates of Identification. In addition to the
660		-	24 licenses authorized by this Section, the Department shall
661		-	25 deliver to each dentist a certificate of identification in a
662		-	26 form specified by the Department.
663		-
664		-
665		-
666		-
667		-
668		-	HB1805 Engrossed - 19 - LRB104 07526 AAS 17570 b
669		-
670		-
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672		-	HB1805 Engrossed - 20 - LRB104 07526 AAS 17570 b
673		-	1 (g) Pre-license practice allowance. An applicant for a
674		-	2 general dental license or a temporary training license has a
675		-	3 pre-license practice allowance to practice dentistry in a
676		-	4 Commission on Dental Accreditation accredited specialty or
677		-	5 residency training program for a period of 3 months from the
678		-	6 starting date of the program. Upon a request from the
679		-	7 applicant, the Department may extend, in writing, the
680		-	8 pre-license practice allowance for the specialty or residency
681		-	9 training program. An applicant practicing dentistry under this
682		-	10 subsection may only perform acts as are prescribed by and
683		-	11 incidental to the applicant's program of residency or
684		-	12 specialty training. An applicant practicing dentistry under
685		-	13 this subsection must supply the specialty or residency
686		-	14 training program a copy of the applicant's general license
687		-	15 application or temporary training license application along
688		-	16 with proof of certified mail of sending that application to
689		-	17 the Department.
690		-	18 The applicant's authority to practice under this
691		-	19 subsection shall terminate immediately upon: (1) the decision
692		-	20 of the Department that the applicant failed the examination
693		-	21 for dental licensure; (2) denial of licensure by the
694		-	22 Department; or (3) withdrawal of the license application.
695		-	23 (Source: P.A. 103-425, eff. 1-1-24; 103-687, eff. 7-19-24.)
696		-	24 (225 ILCS 25/13) (from Ch. 111, par. 2313)
697		-	25 (Section scheduled to be repealed on January 1, 2026)
698		-
699		-
700		-
701		-
702		-
703		-	HB1805 Engrossed - 20 - LRB104 07526 AAS 17570 b
704		-
705		-
706		-	HB1805 Engrossed- 21 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 21 - LRB104 07526 AAS 17570 b
707		-	HB1805 Engrossed - 21 - LRB104 07526 AAS 17570 b
708		-	1 Sec. 13. Qualifications of applicants for dental
709		-	2 hygienists. Every person who desires to obtain a license as a
710		-	3 dental hygienist shall apply to the Department in writing,
711		-	4 upon forms prepared and furnished by the Department. Each
712		-	5 application shall contain proof of the particular
713		-	6 qualifications required of the applicant, shall be verified by
714		-	7 the applicant, under oath, and shall be accompanied by the
715		-	8 required examination fee.
716		-	9 The Department shall require that every applicant for a
717		-	10 license as a dental hygienist shall:
718		-	11 (1) (Blank).
719		-	12 (2) Be a graduate of high school or its equivalent.
720		-	13 (3) Present satisfactory evidence of having
721		-	14 successfully completed 2 academic years of credit at a
722		-	15 dental hygiene program accredited by the Commission on
723		-	16 Dental Accreditation of the American Dental Association.
724		-	17 (4) Submit evidence that the applicant he or she holds
725		-	18 a currently valid certification to perform cardiopulmonary
726		-	19 resuscitation. The Department shall adopt rules
727		-	20 establishing criteria for certification in cardiopulmonary
728		-	21 resuscitation. The rules of the Department shall provide
729		-	22 for variances only in instances where the applicant is a
730		-	23 person with a physical disability and therefore unable to
731		-	24 secure such certification.
732		-	25 (5) (Blank).
733		-	26 (6) Present satisfactory evidence that the applicant
734		-
735		-
736		-
737		-
738		-
739		-	HB1805 Engrossed - 21 - LRB104 07526 AAS 17570 b
740		-
741		-
742		-	HB1805 Engrossed- 22 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 22 - LRB104 07526 AAS 17570 b
743		-	HB1805 Engrossed - 22 - LRB104 07526 AAS 17570 b
744		-	1 has passed the National Board Dental Hygiene Examination
745		-	2 administered by the Joint Commission on National Dental
746		-	3 Examinations and has successfully completed an examination
747		-	4 conducted by one of the following regional testing
748		-	5 services: the Central Regional Dental Testing Service,
749		-	6 Inc. (CRDTS), the Southern Regional Testing Agency, Inc.
750		-	7 (SRTA), the Western Regional Examining Board (WREB), or
751		-	8 the North East Regional Board (NERB). For the purposes of
752		-	9 this Section, successful completion shall mean that the
753		-	10 applicant has achieved a minimum passing score as
754		-	11 determined by the applicable regional testing service. The
755		-	12 Secretary may suspend a regional testing service under
756		-	13 this item (6) if, after proper notice and hearing, it is
757		-	14 established that (i) the integrity of the examination has
758		-	15 been breached so as to make future test results unreliable
759		-	16 or (ii) the examination is fundamentally deficient in
760		-	17 testing clinical competency.
761		-	18 (Source: P.A. 99-143, eff. 7-27-15.)
762		-	19 (225 ILCS 25/14) (from Ch. 111, par. 2314)
763		-	20 (Section scheduled to be repealed on January 1, 2026)
764		-	21 Sec. 14. Examination for licensure as dental hygienists.
765		-	22 The Department shall conduct or authorize examinations of
766		-	23 applicants for licensure as dental hygienists at such times
767		-	24 and places as it may determine.
768		-	25 The examination of applicants for licensure as dental
769		-
770		-
771		-
772		-
773		-
774		-	HB1805 Engrossed - 22 - LRB104 07526 AAS 17570 b
775		-
776		-
777		-	HB1805 Engrossed- 23 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 23 - LRB104 07526 AAS 17570 b
778		-	HB1805 Engrossed - 23 - LRB104 07526 AAS 17570 b
779		-	1 hygienists may include both practical demonstrations and
780		-	2 written and oral tests and shall encompass the subjects
781		-	3 usually taught in programs of dental hygiene, approved by the
782		-	4 Department.
783		-	5 If an applicant fails to pass an examination for licensure
784		-	6 under this Act within 3 years after filing an his or her
785		-	7 application, the application shall expire 3 years after the
786		-	8 date the application was filed be denied. The applicant,
787		-	9 however, may thereafter make a new application for examination
788		-	10 accompanied by the required fee and provide evidence of
789		-	11 meeting the requirements in effect at the time of the new
790		-	12 application.
791		-	13 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
792		-	14 (225 ILCS 25/16) (from Ch. 111, par. 2316)
793		-	15 (Section scheduled to be repealed on January 1, 2026)
794		-	16 Sec. 16. Expiration, renewal and restoration of licenses.
795		-	17 The expiration date and renewal date for each license issued
796		-	18 under this Act shall be set by rule. The renewal period for
797		-	19 each license issued under this Act shall be 3 years. A dentist
798		-	20 or dental hygienist may renew a license during the month
799		-	21 preceding its expiration date by paying the required fee. All
800		-	22 initial licenses issued during an open renewal period shall
801		-	23 have the next expiration date. A dentist or dental hygienist
802		-	24 shall provide proof of current Basic Life Support (BLS)
803		-	25 certification intended for health care providers at the time
804		-
805		-
806		-
807		-
808		-
809		-	HB1805 Engrossed - 23 - LRB104 07526 AAS 17570 b
810		-
811		-
812		-	HB1805 Engrossed- 24 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 24 - LRB104 07526 AAS 17570 b
813		-	HB1805 Engrossed - 24 - LRB104 07526 AAS 17570 b
814		-	1 of renewal as provided by rule. Basic Life Support
815		-	2 certification training taken as a requirement of this Section
816		-	3 shall be counted for no more than 4 hours during each licensure
817		-	4 period towards the continuing education hours under Section
818		-	5 16.1 of this Act. The Department shall provide by rule for
819		-	6 exemptions from this requirement for a dentist or dental
820		-	7 hygienist with a physical disability that would preclude the
821		-	8 dentist or dental hygienist him or her from performing BLS.
822		-	9 Any dentist or dental hygienist whose license has expired
823		-	10 or whose license is on inactive status may have the his license
824		-	11 restored at any time within 5 years after the expiration
825		-	12 thereof, upon payment of the required fee and a showing of
826		-	13 proof of compliance with current continuing education
827		-	14 requirements, as provided by rule.
828		-	15 Any person whose license has been expired for more than 5
829		-	16 years or who has had a his license on inactive status for more
830		-	17 than 5 years may have the his license restored by making
831		-	18 application to the Department and filing proof acceptable to
832		-	19 the Department of taking continuing education and of the
833		-	20 person's his fitness to have the license restored, including
834		-	21 sworn evidence certifying to active practice in another
835		-	22 jurisdiction, and by paying the required restoration fee. A
836		-	23 person practicing on an expired license is deemed to be
837		-	24 practicing without a license. However, a holder of a license
838		-	25 may renew the license within 90 days after its expiration by
839		-	26 complying with the requirements for renewal and payment of an
840		-
841		-
842		-
843		-
844		-
845		-	HB1805 Engrossed - 24 - LRB104 07526 AAS 17570 b
846		-
847		-
848		-	HB1805 Engrossed- 25 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 25 - LRB104 07526 AAS 17570 b
849		-	HB1805 Engrossed - 25 - LRB104 07526 AAS 17570 b
850		-	1 additional fee. A license renewal within 90 days after
851		-	2 expiration shall be effective retroactively to the expiration
852		-	3 date.
853		-	4 If a person whose license has expired or who has had a his
854		-	5 license on inactive status for more than 5 years has not
855		-	6 maintained an active practice satisfactory to the department,
856		-	7 the Department shall determine, by an evaluation process
857		-	8 established by rule, the person's his or her fitness to resume
858		-	9 active status and may require the person to complete a period
859		-	10 of evaluated clinical experience and may require successful
860		-	11 completion of a practical examination.
861		-	12 However, any person whose license expired while the person
862		-	13 he or she was (i) on active duty with the Armed Forces of the
863		-	14 United States or called into service or training by the State
864		-	15 militia or (ii) in training or education under the supervision
865		-	16 of the United States preliminary to induction into the
866		-	17 military service, may have the person's his or her license
867		-	18 renewed, reinstated, or restored without paying any lapsed
868		-	19 renewal or restoration fee, if within 2 years after
869		-	20 termination of such service, training, or education other than
870		-	21 by dishonorable discharge, the person he or she furnishes the
871		-	22 Department with satisfactory proof that the person he or she
872		-	23 has been so engaged and that the person's his or her service,
873		-	24 training, or education has been so terminated.
874		-	25 (Source: P.A. 103-687, eff. 7-19-24.)
875		-
876		-
877		-
878		-
879		-
880		-	HB1805 Engrossed - 25 - LRB104 07526 AAS 17570 b
881		-
882		-
883		-	HB1805 Engrossed- 26 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 26 - LRB104 07526 AAS 17570 b
884		-	HB1805 Engrossed - 26 - LRB104 07526 AAS 17570 b
885		-	1 (225 ILCS 25/17)
	470	+	13 Sec. 8.05. Social Security Number or Individual Taxpayer
	471	+	14 Identification Number on license application. In addition to
	472	+	15 any other information required to be contained in the
	473	+	16 application, every application for an original license under
	474	+	17 this Act shall include the applicant's Social Security Number
	475	+	18 or Individual Taxpayer Identification Number, which shall be
	476	+	19 retained in the agency's records pertaining to the license. As
	477	+	20 soon as practical, the Department shall assign a customer's
	478	+	21 identification number to each applicant for a license.
	479	+	22 Every application for a renewal or restored license shall
	480	+	23 require the applicant's customer identification number.
	481	+	24 (Source: P.A. 97-400, eff. 1-1-12.)
	482	+
	483	+
	484	+
	485	+
	486	+
	487	+	HB1805 - 13 - LRB104 07526 AAS 17570 b
	488	+
	489	+
	490	+	HB1805- 14 -LRB104 07526 AAS 17570 b HB1805 - 14 - LRB104 07526 AAS 17570 b
	491	+	HB1805 - 14 - LRB104 07526 AAS 17570 b
	492	+	1 (225 ILCS 25/11) (from Ch. 111, par. 2311)
886	493		2 (Section scheduled to be repealed on January 1, 2026)
887		-	3 Sec. 17. Acts constituting the practice of dentistry. A
888		-	4 person practices dentistry, within the meaning of this Act:
889		-	5 (1) Who represents himself or herself as being able to
890		-	6 diagnose or diagnoses, treats, prescribes, or operates for
891		-	7 any disease, pain, deformity, deficiency, injury, or
892		-	8 physical condition of the human tooth, teeth, alveolar
893		-	9 process, gums, or jaw; or
894		-	10 (2) Who is a manager, proprietor, operator, or
895		-	11 conductor of a business where dental operations are
896		-	12 performed; or
897		-	13 (3) Who performs dental operations of any kind; or
898		-	14 (4) Who uses an X-Ray machine or X-Ray films for
899		-	15 dental diagnostic purposes; or
900		-	16 (5) Who extracts a human tooth or teeth, or corrects
901		-	17 or attempts to correct malpositions of the human teeth or
902		-	18 jaws; or
903		-	19 (6) Who offers or undertakes, by any means or method,
904		-	20 to diagnose, treat, or remove stains, calculus, and
905		-	21 bonding materials from human teeth or jaws; or
906		-	22 (7) Who uses or administers local or general
907		-	23 anesthetics in the treatment of dental or oral diseases or
908		-	24 in any preparation incident to a dental operation of any
909		-	25 kind or character; or
910		-	26 (8) Who takes material or digital scans for final
911		-
912		-
913		-
914		-
915		-
916		-	HB1805 Engrossed - 26 - LRB104 07526 AAS 17570 b
917		-
918		-
919		-	HB1805 Engrossed- 27 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 27 - LRB104 07526 AAS 17570 b
920		-	HB1805 Engrossed - 27 - LRB104 07526 AAS 17570 b
921		-	1 impressions of the human tooth, teeth, or jaws or performs
922		-	2 any phase of any operation incident to the replacement of
923		-	3 a part of a tooth, a tooth, teeth, or associated tissues by
924		-	4 means of a filling, a crown, a bridge, a denture, or other
925		-	5 appliance; or
926		-	6 (9) Who offers to furnish, supply, construct,
927		-	7 reproduce, or repair, or who furnishes, supplies,
928		-	8 constructs, reproduces, or repairs, prosthetic dentures,
929		-	9 bridges, or other substitutes for natural teeth to the
930		-	10 user or prospective user thereof; or
931		-	11 (10) Who instructs students on clinical matters or
932		-	12 performs any clinical operation included in the curricula
933		-	13 of recognized dental schools and colleges; or
934		-	14 (11) Who takes material or digital scans for final
935		-	15 impressions of human teeth or places the person's his or
936		-	16 her hands in the mouth of any person for the purpose of
937		-	17 applying teeth whitening materials, or who takes
938		-	18 impressions of human teeth or places the person's his or
939		-	19 her hands in the mouth of any person for the purpose of
940		-	20 assisting in the application of teeth whitening materials.
941		-	21 A person does not practice dentistry when the person he or
942		-	22 she discloses to the consumer that the person he or she is
943		-	23 not licensed as a dentist under this Act and (i) discusses
944		-	24 the use of teeth whitening materials with a consumer
945		-	25 purchasing these materials; (ii) provides instruction on
	494	+	3 Sec. 11. Types of dental licenses. The Department shall
	495	+	4 have the authority to issue the following types of licenses,
	496	+	5 to excuse the payment of fees for inactive status, to deliver
	497	+	6 certificates of identification, and to extend pre-license
	498	+	7 practice allowances as follows:
	499	+	8 (a) General licenses. The Department shall issue a license
	500	+	9 authorizing practice as a dentist to any person who qualifies
	501	+	10 for a license under this Act.
	502	+	11 (b) Specialty licenses. The Department shall issue a
	503	+	12 license authorizing practice as a specialist in any particular
	504	+	13 branch of dentistry to any dentist who has complied with the
	505	+	14 requirements established for that particular branch of
	506	+	15 dentistry at the time of making application. The Department
	507	+	16 shall establish additional requirements of any dentist who
	508	+	17 announces or holds himself or herself out to the public as a
	509	+	18 specialist or as being specially qualified in any particular
	510	+	19 branch of dentistry.
	511	+	20 No dentist shall announce or hold himself or herself out
	512	+	21 to the public as a specialist or as being specially qualified
	513	+	22 in any particular branch of dentistry unless the dentist he or
	514	+	23 she is licensed to practice in that specialty of dentistry.
	515	+	24 The fact that any dentist shall announce by card,
	516	+	25 letterhead, or any other form of communication using terms as
	517	+	26 "Specialist", "Practice Limited To", or "Limited to Specialty
	518	+
	519	+
	520	+
	521	+
	522	+
	523	+	HB1805 - 14 - LRB104 07526 AAS 17570 b
	524	+
	525	+
	526	+	HB1805- 15 -LRB104 07526 AAS 17570 b HB1805 - 15 - LRB104 07526 AAS 17570 b
	527	+	HB1805 - 15 - LRB104 07526 AAS 17570 b
	528	+	1 of" with the name of the branch of dentistry practiced as a
	529	+	2 specialty, or shall use equivalent words or phrases to
	530	+	3 announce the same, shall be prima facie evidence that the
	531	+	4 dentist is holding himself or herself out to the public as a
	532	+	5 specialist.
	533	+	6 (c) Temporary training licenses. Persons who wish to
	534	+	7 pursue specialty or other advanced clinical educational
	535	+	8 programs in an approved dental school or a hospital situated
	536	+	9 in this State, or persons who wish to pursue programs of
	537	+	10 specialty training in dental public health in public agencies
	538	+	11 in this State, may receive without examination, in the
	539	+	12 discretion of the Department, a temporary training license. In
	540	+	13 order to receive a temporary training license under this
	541	+	14 subsection, an applicant shall furnish satisfactory proof to
	542	+	15 the Department that:
	543	+	16 (1) The applicant is at least 21 years of age and is of
	544	+	17 good moral character. In determining moral character under
	545	+	18 this Section, the Department may take into consideration
	546	+	19 any felony conviction of the applicant, but such a
	547	+	20 conviction shall not operate as bar to licensure;
	548	+	21 (2) The applicant has been accepted or appointed for
	549	+	22 specialty or residency training by an approved hospital
	550	+	23 situated in this State, by an approved dental school
	551	+	24 situated in this State, or by a public health agency in
	552	+	25 this State the training programs of which are recognized
	553	+	26 and approved by the Department. The applicant shall
	554	+
	555	+
	556	+
	557	+
	558	+
	559	+	HB1805 - 15 - LRB104 07526 AAS 17570 b
	560	+
	561	+
	562	+	HB1805- 16 -LRB104 07526 AAS 17570 b HB1805 - 16 - LRB104 07526 AAS 17570 b
	563	+	HB1805 - 16 - LRB104 07526 AAS 17570 b
	564	+	1 indicate the beginning and ending dates of the period for
	565	+	2 which the applicant he or she has been accepted or
	566	+	3 appointed;
	567	+	4 (3) The applicant is a graduate of a dental school or
	568	+	5 college approved and in good standing in the judgment of
	569	+	6 the Department. The Department may consider diplomas or
	570	+	7 certifications of education, or both, accompanied by
	571	+	8 transcripts of course work and credits awarded to
	572	+	9 determine if an applicant has graduated from a dental
	573	+	10 school or college approved and in good standing. The
	574	+	11 Department may also consider diplomas or certifications of
	575	+	12 education, or both, accompanied by transcripts of course
	576	+	13 work and credits awarded in determining whether a dental
	577	+	14 school or college is approved and in good standing.
	578	+	15 Temporary training licenses issued under this Section
	579	+	16 shall be valid only for the duration of the period of residency
	580	+	17 or specialty training and may be extended or renewed as
	581	+	18 prescribed by rule. The holder of a valid temporary training
	582	+	19 license shall be entitled thereby to perform acts as may be
	583	+	20 prescribed by and incidental to the holder's his or her
	584	+	21 program of residency or specialty training; but the holder he
	585	+	22 or she shall not be entitled to engage in the practice of
	586	+	23 dentistry in this State.
	587	+	24 A temporary training license may be revoked by the
	588	+	25 Department upon proof that the holder has engaged in the
	589	+	26 practice of dentistry in this State outside of the holder's
	590	+
	591	+
	592	+
	593	+
	594	+
	595	+	HB1805 - 16 - LRB104 07526 AAS 17570 b
	596	+
	597	+
	598	+	HB1805- 17 -LRB104 07526 AAS 17570 b HB1805 - 17 - LRB104 07526 AAS 17570 b
	599	+	HB1805 - 17 - LRB104 07526 AAS 17570 b
	600	+	1 his or her program of residency or specialty training, or if
	601	+	2 the holder shall fail to supply the Department, within 10 days
	602	+	3 of its request, with information as to the holder's his or her
	603	+	4 current status and activities in the holder's his or her
	604	+	5 specialty training program.
	605	+	6 (d) Faculty limited licenses. Persons who have received
	606	+	7 full-time appointments to teach dentistry at an approved
	607	+	8 dental school or hospital situated in this State may receive
	608	+	9 without examination, in the discretion of the Department, a
	609	+	10 faculty limited license. In order to receive a faculty limited
	610	+	11 license an applicant shall furnish satisfactory proof to the
	611	+	12 Department that:
	612	+	13 (1) The applicant is at least 21 years of age, is of
	613	+	14 good moral character, and is licensed to practice
	614	+	15 dentistry in another state or country; and
	615	+	16 (2) The applicant has a full-time appointment to teach
	616	+	17 dentistry at an approved dental school or hospital
	617	+	18 situated in this State.
	618	+	19 Faculty limited licenses issued under this Section shall
	619	+	20 be valid for a period of 3 years and may be extended or
	620	+	21 renewed. The holder of a valid faculty limited license may
	621	+	22 perform acts as may be required by the holder's his or her
	622	+	23 teaching of dentistry. The holder of a faculty limited license
	623	+	24 may practice general dentistry or in the holder's his or her
	624	+	25 area of specialty, but only in a clinic or office affiliated
	625	+	26 with the dental school. The holder of a faculty limited
	626	+
	627	+
	628	+
	629	+
	630	+
	631	+	HB1805 - 17 - LRB104 07526 AAS 17570 b
	632	+
	633	+
	634	+	HB1805- 18 -LRB104 07526 AAS 17570 b HB1805 - 18 - LRB104 07526 AAS 17570 b
	635	+	HB1805 - 18 - LRB104 07526 AAS 17570 b
	636	+	1 license may advertise a specialty degree as part of the
	637	+	2 licensee's ability to practice in a faculty practice. Any
	638	+	3 faculty limited license issued to a faculty member under this
	639	+	4 Section shall terminate immediately and automatically, without
	640	+	5 any further action by the Department, if the holder ceases to
	641	+	6 be a faculty member at an approved dental school or hospital in
	642	+	7 this State.
	643	+	8 The Department may revoke a faculty limited license for a
	644	+	9 violation of this Act or its rules, or if the holder fails to
	645	+	10 supply the Department, within 10 days of its request, with
	646	+	11 information as to the holder's his or her current status and
	647	+	12 activities in the holder's his or her teaching program.
	648	+	13 (e) Inactive status. Any person who holds one of the
	649	+	14 licenses under subsection (a) or (b) of Section 11 or under
	650	+	15 Section 12 of this Act may elect, upon payment of the required
	651	+	16 fee, to place the his or her license on an inactive status and
	652	+	17 shall, subject to the rules of the Department, be excused from
	653	+	18 the payment of renewal fees until the holder he or she notifies
	654	+	19 the Department in writing of the holder's his or her desire to
	655	+	20 resume active status.
	656	+	21 Any licensee requesting restoration from inactive status
	657	+	22 shall be required to pay the current renewal fee, and, upon
	658	+	23 payment, the Department shall be required to restore the his
	659	+	24 or her license, as provided in Section 16 of this Act.
	660	+	25 Any licensee whose license is in an inactive status shall
	661	+	26 not practice in the State of Illinois.
	662	+
	663	+
	664	+
	665	+
	666	+
	667	+	HB1805 - 18 - LRB104 07526 AAS 17570 b
	668	+
	669	+
	670	+	HB1805- 19 -LRB104 07526 AAS 17570 b HB1805 - 19 - LRB104 07526 AAS 17570 b
	671	+	HB1805 - 19 - LRB104 07526 AAS 17570 b
	672	+	1 (f) Certificates of Identification. In addition to the
	673	+	2 licenses authorized by this Section, the Department shall
	674	+	3 deliver to each dentist a certificate of identification in a
	675	+	4 form specified by the Department.
	676	+	5 (g) Pre-license practice allowance. An applicant for a
	677	+	6 general dental license or a temporary training license has a
	678	+	7 pre-license practice allowance to practice dentistry in a
	679	+	8 Commission on Dental Accreditation accredited specialty or
	680	+	9 residency training program for a period of 3 months from the
	681	+	10 starting date of the program. Upon a request from the
	682	+	11 applicant, the Department may extend, in writing, the
	683	+	12 pre-license practice allowance for the specialty or residency
	684	+	13 training program. An applicant practicing dentistry under this
	685	+	14 subsection may only perform acts as are prescribed by and
	686	+	15 incidental to the applicant's program of residency or
	687	+	16 specialty training. An applicant practicing dentistry under
	688	+	17 this subsection must supply the specialty or residency
	689	+	18 training program a copy of the applicant's general license
	690	+	19 application or temporary training license application along
	691	+	20 with proof of certified mail of sending that application to
	692	+	21 the Department.
	693	+	22 The applicant's authority to practice under this
	694	+	23 subsection shall terminate immediately upon: (1) the decision
	695	+	24 of the Department that the applicant failed the examination
	696	+	25 for dental licensure; (2) denial of licensure by the
	697	+	26 Department; or (3) withdrawal of the license application.
	698	+
	699	+
	700	+
	701	+
	702	+
	703	+	HB1805 - 19 - LRB104 07526 AAS 17570 b
	704	+
	705	+
	706	+	HB1805- 20 -LRB104 07526 AAS 17570 b HB1805 - 20 - LRB104 07526 AAS 17570 b
	707	+	HB1805 - 20 - LRB104 07526 AAS 17570 b
	708	+	1 (Source: P.A. 103-425, eff. 1-1-24; 103-687, eff. 7-19-24.)
	709	+	2 (225 ILCS 25/13) (from Ch. 111, par. 2313)
	710	+	3 (Section scheduled to be repealed on January 1, 2026)
	711	+	4 Sec. 13. Qualifications of applicants for dental
	712	+	5 hygienists. Every person who desires to obtain a license as a
	713	+	6 dental hygienist shall apply to the Department in writing,
	714	+	7 upon forms prepared and furnished by the Department. Each
	715	+	8 application shall contain proof of the particular
	716	+	9 qualifications required of the applicant, shall be verified by
	717	+	10 the applicant, under oath, and shall be accompanied by the
	718	+	11 required examination fee.
	719	+	12 The Department shall require that every applicant for a
	720	+	13 license as a dental hygienist shall:
	721	+	14 (1) (Blank).
	722	+	15 (2) Be a graduate of high school or its equivalent.
	723	+	16 (3) Present satisfactory evidence of having
	724	+	17 successfully completed 2 academic years of credit at a
	725	+	18 dental hygiene program accredited by the Commission on
	726	+	19 Dental Accreditation of the American Dental Association.
	727	+	20 (4) Submit evidence that the applicant he or she holds
	728	+	21 a currently valid certification to perform cardiopulmonary
	729	+	22 resuscitation. The Department shall adopt rules
	730	+	23 establishing criteria for certification in cardiopulmonary
	731	+	24 resuscitation. The rules of the Department shall provide
	732	+	25 for variances only in instances where the applicant is a
	733	+
	734	+
	735	+
	736	+
	737	+
	738	+	HB1805 - 20 - LRB104 07526 AAS 17570 b
	739	+
	740	+
	741	+	HB1805- 21 -LRB104 07526 AAS 17570 b HB1805 - 21 - LRB104 07526 AAS 17570 b
	742	+	HB1805 - 21 - LRB104 07526 AAS 17570 b
	743	+	1 person with a physical disability and therefore unable to
	744	+	2 secure such certification.
	745	+	3 (5) (Blank).
	746	+	4 (6) Present satisfactory evidence that the applicant
	747	+	5 has passed the National Board Dental Hygiene Examination
	748	+	6 administered by the Joint Commission on National Dental
	749	+	7 Examinations and has successfully completed an examination
	750	+	8 conducted by one of the following regional testing
	751	+	9 services: the Central Regional Dental Testing Service,
	752	+	10 Inc. (CRDTS), the Southern Regional Testing Agency, Inc.
	753	+	11 (SRTA), the Western Regional Examining Board (WREB), or
	754	+	12 the North East Regional Board (NERB). For the purposes of
	755	+	13 this Section, successful completion shall mean that the
	756	+	14 applicant has achieved a minimum passing score as
	757	+	15 determined by the applicable regional testing service. The
	758	+	16 Secretary may suspend a regional testing service under
	759	+	17 this item (6) if, after proper notice and hearing, it is
	760	+	18 established that (i) the integrity of the examination has
	761	+	19 been breached so as to make future test results unreliable
	762	+	20 or (ii) the examination is fundamentally deficient in
	763	+	21 testing clinical competency.
	764	+	22 (Source: P.A. 99-143, eff. 7-27-15.)
	765	+	23 (225 ILCS 25/14) (from Ch. 111, par. 2314)
	766	+	24 (Section scheduled to be repealed on January 1, 2026)
	767	+	25 Sec. 14. Examination for licensure as dental hygienists.
	768	+
	769	+
	770	+
	771	+
	772	+
	773	+	HB1805 - 21 - LRB104 07526 AAS 17570 b
	774	+
	775	+
	776	+	HB1805- 22 -LRB104 07526 AAS 17570 b HB1805 - 22 - LRB104 07526 AAS 17570 b
	777	+	HB1805 - 22 - LRB104 07526 AAS 17570 b
	778	+	1 The Department shall conduct or authorize examinations of
	779	+	2 applicants for licensure as dental hygienists at such times
	780	+	3 and places as it may determine.
	781	+	4 The examination of applicants for licensure as dental
	782	+	5 hygienists may include both practical demonstrations and
	783	+	6 written and oral tests and shall encompass the subjects
	784	+	7 usually taught in programs of dental hygiene, approved by the
	785	+	8 Department.
	786	+	9 If an applicant fails to pass an examination for licensure
	787	+	10 under this Act within 3 years after filing an his or her
	788	+	11 application, the application shall be denied. The applicant,
	789	+	12 however, may thereafter make a new application for examination
	790	+	13 accompanied by the required fee and provide evidence of
	791	+	14 meeting the requirements in effect at the time of the new
	792	+	15 application.
	793	+	16 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
	794	+	17 (225 ILCS 25/16) (from Ch. 111, par. 2316)
	795	+	18 (Section scheduled to be repealed on January 1, 2026)
	796	+	19 Sec. 16. Expiration, renewal and restoration of licenses.
	797	+	20 The expiration date and renewal date for each license issued
	798	+	21 under this Act shall be set by rule. The renewal period for
	799	+	22 each license issued under this Act shall be 3 years. A dentist
	800	+	23 or dental hygienist may renew a license during the month
	801	+	24 preceding its expiration date by paying the required fee. All
	802	+	25 initial licenses issued during an open renewal period shall
	803	+
	804	+
	805	+
	806	+
	807	+
	808	+	HB1805 - 22 - LRB104 07526 AAS 17570 b
	809	+
	810	+
	811	+	HB1805- 23 -LRB104 07526 AAS 17570 b HB1805 - 23 - LRB104 07526 AAS 17570 b
	812	+	HB1805 - 23 - LRB104 07526 AAS 17570 b
	813	+	1 have the next expiration date. A dentist or dental hygienist
	814	+	2 shall provide proof of current Basic Life Support (BLS)
	815	+	3 certification intended for health care providers at the time
	816	+	4 of renewal as provided by rule. Basic Life Support
	817	+	5 certification training taken as a requirement of this Section
	818	+	6 shall be counted for no more than 4 hours during each licensure
	819	+	7 period towards the continuing education hours under Section
	820	+	8 16.1 of this Act. The Department shall provide by rule for
	821	+	9 exemptions from this requirement for a dentist or dental
	822	+	10 hygienist with a physical disability that would preclude the
	823	+	11 dentist or dental hygienist him or her from performing BLS.
	824	+	12 Any dentist or dental hygienist whose license has expired
	825	+	13 or whose license is on inactive status may have his license
	826	+	14 restored at any time within 5 years after the expiration
	827	+	15 thereof, upon payment of the required fee and a showing of
	828	+	16 proof of compliance with current continuing education
	829	+	17 requirements, as provided by rule.
	830	+	18 Any person whose license has been expired for more than 5
	831	+	19 years or who has had his license on inactive status for more
	832	+	20 than 5 years may have his license restored by making
	833	+	21 application to the Department and filing proof acceptable to
	834	+	22 the Department of taking continuing education and of his
	835	+	23 fitness to have the license restored, including sworn evidence
	836	+	24 certifying to active practice in another jurisdiction, and by
	837	+	25 paying the required restoration fee. A person practicing on an
	838	+	26 expired license is deemed to be practicing without a license.
	839	+
	840	+
	841	+
	842	+
	843	+
	844	+	HB1805 - 23 - LRB104 07526 AAS 17570 b
	845	+
	846	+
	847	+	HB1805- 24 -LRB104 07526 AAS 17570 b HB1805 - 24 - LRB104 07526 AAS 17570 b
	848	+	HB1805 - 24 - LRB104 07526 AAS 17570 b
	849	+	1 However, a holder of a license may renew the license within 90
	850	+	2 days after its expiration by complying with the requirements
	851	+	3 for renewal and payment of an additional fee. A license
	852	+	4 renewal within 90 days after expiration shall be effective
	853	+	5 retroactively to the expiration date.
	854	+	6 If a person whose license has expired or who has had his
	855	+	7 license on inactive status for more than 5 years has not
	856	+	8 maintained an active practice satisfactory to the department,
	857	+	9 the Department shall determine, by an evaluation process
	858	+	10 established by rule, the person's his or her fitness to resume
	859	+	11 active status and may require the person to complete a period
	860	+	12 of evaluated clinical experience and may require successful
	861	+	13 completion of a practical examination.
	862	+	14 However, any person whose license expired while the person
	863	+	15 he or she was (i) on active duty with the Armed Forces of the
	864	+	16 United States or called into service or training by the State
	865	+	17 militia or (ii) in training or education under the supervision
	866	+	18 of the United States preliminary to induction into the
	867	+	19 military service, may have the person's his or her license
	868	+	20 renewed, reinstated, or restored without paying any lapsed
	869	+	21 renewal or restoration fee, if within 2 years after
	870	+	22 termination of such service, training, or education other than
	871	+	23 by dishonorable discharge, the person he or she furnishes the
	872	+	24 Department with satisfactory proof that the person he or she
	873	+	25 has been so engaged and that the person's his or her service,
	874	+	26 training, or education has been so terminated.
	875	+
	876	+
	877	+
	878	+
	879	+
	880	+	HB1805 - 24 - LRB104 07526 AAS 17570 b
	881	+
	882	+
	883	+	HB1805- 25 -LRB104 07526 AAS 17570 b HB1805 - 25 - LRB104 07526 AAS 17570 b
	884	+	HB1805 - 25 - LRB104 07526 AAS 17570 b
	885	+	1 (Source: P.A. 103-687, eff. 7-19-24.)
	886	+	2 (225 ILCS 25/17)
	887	+	3 (Section scheduled to be repealed on January 1, 2026)
	888	+	4 Sec. 17. Acts constituting the practice of dentistry. A
	889	+	5 person practices dentistry, within the meaning of this Act:
	890	+	6 (1) Who represents himself or herself as being able to
	891	+	7 diagnose or diagnoses, treats, prescribes, or operates for
	892	+	8 any disease, pain, deformity, deficiency, injury, or
	893	+	9 physical condition of the human tooth, teeth, alveolar
	894	+	10 process, gums, or jaw; or
	895	+	11 (2) Who is a manager, proprietor, operator, or
	896	+	12 conductor of a business where dental operations are
	897	+	13 performed; or
	898	+	14 (3) Who performs dental operations of any kind; or
	899	+	15 (4) Who uses an X-Ray machine or X-Ray films for
	900	+	16 dental diagnostic purposes; or
	901	+	17 (5) Who extracts a human tooth or teeth, or corrects
	902	+	18 or attempts to correct malpositions of the human teeth or
	903	+	19 jaws; or
	904	+	20 (6) Who offers or undertakes, by any means or method,
	905	+	21 to diagnose, treat, or remove stains, calculus, and
	906	+	22 bonding materials from human teeth or jaws; or
	907	+	23 (7) Who uses or administers local or general
	908	+	24 anesthetics in the treatment of dental or oral diseases or
	909	+	25 in any preparation incident to a dental operation of any
	910	+
	911	+
	912	+
	913	+
	914	+
	915	+	HB1805 - 25 - LRB104 07526 AAS 17570 b
	916	+
	917	+
	918	+	HB1805- 26 -LRB104 07526 AAS 17570 b HB1805 - 26 - LRB104 07526 AAS 17570 b
	919	+	HB1805 - 26 - LRB104 07526 AAS 17570 b
	920	+	1 kind or character; or
	921	+	2 (8) Who takes material or digital scans for final
	922	+	3 impressions of the human tooth, teeth, or jaws or performs
	923	+	4 any phase of any operation incident to the replacement of
	924	+	5 a part of a tooth, a tooth, teeth, or associated tissues by
	925	+	6 means of a filling, a crown, a bridge, a denture, or other
	926	+	7 appliance; or
	927	+	8 (9) Who offers to furnish, supply, construct,
	928	+	9 reproduce, or repair, or who furnishes, supplies,
	929	+	10 constructs, reproduces, or repairs, prosthetic dentures,
	930	+	11 bridges, or other substitutes for natural teeth to the
	931	+	12 user or prospective user thereof; or
	932	+	13 (10) Who instructs students on clinical matters or
	933	+	14 performs any clinical operation included in the curricula
	934	+	15 of recognized dental schools and colleges; or
	935	+	16 (11) Who takes material or digital scans for final
	936	+	17 impressions of human teeth or places the person's his or
	937	+	18 her hands in the mouth of any person for the purpose of
	938	+	19 applying teeth whitening materials, or who takes
	939	+	20 impressions of human teeth or places the person's his or
	940	+	21 her hands in the mouth of any person for the purpose of
	941	+	22 assisting in the application of teeth whitening materials.
	942	+	23 A person does not practice dentistry when the person he or
	943	+	24 she discloses to the consumer that the person he or she is
	944	+	25 not licensed as a dentist under this Act and (i) discusses
946	945		26 the use of teeth whitening materials with a consumer
947	946
948	947
949	948
950	949
951	950
952		-	HB1805 Engrossed - 27 - LRB104 07526 AAS 17570 b
953		-
954		-
955		-	HB1805 Engrossed- 28 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 28 - LRB104 07526 AAS 17570 b
956		-	HB1805 Engrossed - 28 - LRB104 07526 AAS 17570 b
957		-	1 purchasing these materials; or (iii) provides appropriate
958		-	2 equipment on-site to the consumer for the consumer to
959		-	3 self-apply teeth whitening materials.
960		-	4 The fact that any person engages in or performs, or offers
961		-	5 to engage in or perform, any of the practices, acts, or
962		-	6 operations set forth in this Section, shall be prima facie
963		-	7 evidence that such person is engaged in the practice of
964		-	8 dentistry.
965		-	9 The following practices, acts, and operations, however,
966		-	10 are exempt from the operation of this Act:
967		-	11 (a) The rendering of dental relief in emergency cases
968		-	12 in the practice of the person's his or her profession by a
969		-	13 physician or surgeon, licensed as such under the laws of
970		-	14 this State, unless the person he or she undertakes to
971		-	15 reproduce or reproduces lost parts of the human teeth in
972		-	16 the mouth or to restore or replace lost or missing teeth in
973		-	17 the mouth; or
974		-	18 (b) The practice of dentistry in the discharge of
975		-	19 their official duties by dentists in any branch of the
976		-	20 Armed Services of the United States, the United States
977		-	21 Public Health Service, or the United States Veterans
978		-	22 Administration; or
979		-	23 (c) The practice of dentistry by students in their
980		-	24 course of study in dental schools or colleges approved by
981		-	25 the Department, when acting under the direction and
982		-	26 supervision of dentists acting as instructors; or
983		-
984		-
985		-
986		-
987		-
988		-	HB1805 Engrossed - 28 - LRB104 07526 AAS 17570 b
989		-
990		-
991		-	HB1805 Engrossed- 29 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 29 - LRB104 07526 AAS 17570 b
992		-	HB1805 Engrossed - 29 - LRB104 07526 AAS 17570 b
993		-	1 (d) The practice of dentistry by clinical instructors
994		-	2 in the course of their teaching duties in dental schools
995		-	3 or colleges approved by the Department:
996		-	4 (i) when acting under the direction and
997		-	5 supervision of dentists, provided that such clinical
998		-	6 instructors have instructed continuously in this State
999		-	7 since January 1, 1986; or
1000		-	8 (ii) when holding the rank of full professor at
1001		-	9 such approved dental school or college and possessing
1002		-	10 a current valid license or authorization to practice
1003		-	11 dentistry in another country; or
1004		-	12 (e) The practice of dentistry by licensed dentists of
1005		-	13 other states or countries at meetings of the Illinois
1006		-	14 State Dental Society or component parts thereof, alumni
1007		-	15 meetings of dental colleges, or any other like dental
1008		-	16 organizations, while appearing as clinicians; or
1009		-	17 (f) The use of X-Ray machines for exposing X-Ray films
1010		-	18 of dental or oral tissues by dental hygienists or dental
1011		-	19 assistants; or
1012		-	20 (g) The performance of any dental service by a dental
1013		-	21 assistant, if such service is performed under the
1014		-	22 supervision and full responsibility of a dentist. In
1015		-	23 addition, after being authorized by a dentist, a dental
1016		-	24 assistant may, for the purpose of eliminating pain or
1017		-	25 discomfort, remove loose, broken, or irritating
1018		-	26 orthodontic appliances on a patient of record.
1019		-
1020		-
1021		-
1022		-
1023		-
1024		-	HB1805 Engrossed - 29 - LRB104 07526 AAS 17570 b
1025		-
1026		-
1027		-	HB1805 Engrossed- 30 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 30 - LRB104 07526 AAS 17570 b
1028		-	HB1805 Engrossed - 30 - LRB104 07526 AAS 17570 b
1029		-	1 For purposes of this paragraph (g), "dental service"
1030		-	2 is defined to mean any intraoral procedure or act which
1031		-	3 shall be prescribed by rule or regulation of the
1032		-	4 Department. "Dental service", however, shall not include:
1033		-	5 (1) Any and all diagnosis of or prescription for
1034		-	6 treatment of disease, pain, deformity, deficiency,
1035		-	7 injury, or physical condition of the human teeth or
1036		-	8 jaws, or adjacent structures.
1037		-	9 (2) Removal of, restoration of, or addition to the
1038		-	10 hard or soft tissues of the oral cavity, except for the
1039		-	11 placing, carving, and finishing of amalgam
1040		-	12 restorations and placing, packing, and finishing
1041		-	13 composite restorations by dental assistants who have
1042		-	14 had additional formal education and certification.
1043		-	15 A dental assistant may place, carve, and finish
1044		-	16 amalgam restorations, place, pack, and finish
1045		-	17 composite restorations, and place interim restorations
1046		-	18 if the dental assistant he or she (A) has successfully
1047		-	19 completed a structured training program as described
1048		-	20 in item (2) of subsection (g) provided by an
1049		-	21 educational institution accredited by the Commission
1050		-	22 on Dental Accreditation, such as a dental school or
1051		-	23 dental hygiene or dental assistant program, or (B) has
1052		-	24 at least 4,000 hours of direct clinical patient care
1053		-	25 experience and has successfully completed a structured
1054		-	26 training program as described in item (2) of
1055		-
1056		-
1057		-
1058		-
1059		-
1060		-	HB1805 Engrossed - 30 - LRB104 07526 AAS 17570 b
1061		-
1062		-
1063		-	HB1805 Engrossed- 31 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 31 - LRB104 07526 AAS 17570 b
1064		-	HB1805 Engrossed - 31 - LRB104 07526 AAS 17570 b
1065		-	1 subsection (g) provided by a statewide dental
1066		-	2 association, approved by the Department to provide
1067		-	3 continuing education, that has developed and conducted
1068		-	4 training programs for expanded functions for dental
1069		-	5 assistants or hygienists. The training program must:
1070		-	6 (i) include a minimum of 16 hours of didactic study and
1071		-	7 14 hours of clinical manikin instruction; all training
1072		-	8 programs shall include areas of study in nomenclature,
1073		-	9 caries classifications, oral anatomy, periodontium,
1074		-	10 basic occlusion, instrumentations, pulp protection
1075		-	11 liners and bases, dental materials, matrix and wedge
1076		-	12 techniques, amalgam placement and carving, rubber dam
1077		-	13 clamp placement, and rubber dam placement and removal;
1078		-	14 (ii) include an outcome assessment examination that
1079		-	15 demonstrates competency; (iii) require the supervising
1080		-	16 dentist to observe and approve the completion of 8
1081		-	17 amalgam or composite restorations; and (iv) issue a
1082		-	18 certificate of completion of the training program,
1083		-	19 which must be kept on file at the dental office and be
1084		-	20 made available to the Department upon request. A
1085		-	21 dental assistant must have successfully completed an
1086		-	22 approved coronal polishing and dental sealant course
1087		-	23 prior to taking the amalgam and composite restoration
1088		-	24 course.
1089		-	25 A dentist utilizing dental assistants shall not
1090		-	26 supervise more than 4 dental assistants at any one
1091		-
1092		-
1093		-
1094		-
1095		-
1096		-	HB1805 Engrossed - 31 - LRB104 07526 AAS 17570 b
1097		-
1098		-
1099		-	HB1805 Engrossed- 32 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 32 - LRB104 07526 AAS 17570 b
1100		-	HB1805 Engrossed - 32 - LRB104 07526 AAS 17570 b
1101		-	1 time for placing, carving, and finishing of amalgam
1102		-	2 restorations or for placing, packing, and finishing
1103		-	3 composite restorations.
1104		-	4 (3) Any and all correction of malformation of
1105		-	5 teeth or of the jaws.
1106		-	6 (4) Administration of anesthetics, except for
1107		-	7 monitoring of nitrous oxide, moderate sedation, deep
1108		-	8 sedation, and general anesthetic as provided in
1109		-	9 Section 8.1 of this Act, that may be performed only
1110		-	10 after successful completion of a training program
1111		-	11 approved by the Department. A dentist utilizing dental
1112		-	12 assistants shall not supervise more than 4 dental
1113		-	13 assistants at any one time for the monitoring of
1114		-	14 nitrous oxide.
1115		-	15 (5) Removal of calculus from human teeth.
1116		-	16 (6) Taking of material or digital scans for final
1117		-	17 impressions for the fabrication of prosthetic
1118		-	18 appliances, crowns, bridges, inlays, onlays, or other
1119		-	19 restorative or replacement dentistry.
1120		-	20 (7) The operative procedure of dental hygiene
1121		-	21 consisting of oral prophylactic procedures, except for
1122		-	22 coronal polishing and pit and fissure sealants, which
1123		-	23 may be performed by a dental assistant who has
1124		-	24 successfully completed a training program approved by
1125		-	25 the Department. Dental assistants may perform coronal
1126		-	26 polishing under the following circumstances: (i) the
1127		-
1128		-
1129		-
1130		-
1131		-
1132		-	HB1805 Engrossed - 32 - LRB104 07526 AAS 17570 b
1133		-
1134		-
1135		-	HB1805 Engrossed- 33 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 33 - LRB104 07526 AAS 17570 b
1136		-	HB1805 Engrossed - 33 - LRB104 07526 AAS 17570 b
1137		-	1 coronal polishing shall be limited to polishing the
1138		-	2 clinical crown of the tooth and existing restorations,
1139		-	3 supragingivally; (ii) the dental assistant performing
1140		-	4 the coronal polishing shall be limited to the use of
1141		-	5 rotary instruments using a rubber cup or brush
1142		-	6 polishing method (air polishing is not permitted); and
1143		-	7 (iii) the supervising dentist shall not supervise more
1144		-	8 than 4 dental assistants at any one time for the task
1145		-	9 of coronal polishing or pit and fissure sealants.
1146		-	10 In addition to coronal polishing and pit and
1147		-	11 fissure sealants as described in this item (7), a
1148		-	12 dental assistant who has at least 2,000 hours of
1149		-	13 direct clinical patient care experience and who has
1150		-	14 successfully completed a structured training program
1151		-	15 provided by (1) an educational institution including,
1152		-	16 but not limited to, a dental school or dental hygiene
1153		-	17 or dental assistant program, (2) a continuing
1154		-	18 education provider approved by the Department, or (3)
1155		-	19 a statewide dental or dental hygienist association
1156		-	20 that has developed and conducted a training program
1157		-	21 for expanded functions for dental assistants or
1158		-	22 hygienists may perform: (A) coronal scaling above the
1159		-	23 gum line, supragingivally, on the clinical crown of
1160		-	24 the tooth only on patients 17 years of age or younger
1161		-	25 who have an absence of periodontal disease and who are
1162		-	26 not medically compromised or individuals with special
1163		-
1164		-
1165		-
1166		-
1167		-
1168		-	HB1805 Engrossed - 33 - LRB104 07526 AAS 17570 b
1169		-
1170		-
1171		-	HB1805 Engrossed- 34 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 34 - LRB104 07526 AAS 17570 b
1172		-	HB1805 Engrossed - 34 - LRB104 07526 AAS 17570 b
1173		-	1 needs and (B) intracoronal temporization of a tooth.
1174		-	2 The training program must: (I) include a minimum of 32
1175		-	3 hours of instruction in both didactic and clinical
1176		-	4 manikin or human subject instruction; all training
1177		-	5 programs shall include areas of study in dental
1178		-	6 anatomy, public health dentistry, medical history,
1179		-	7 dental emergencies, and managing the pediatric
1180		-	8 patient; (II) include an outcome assessment
1181		-	9 examination that demonstrates competency; (III)
1182		-	10 require the supervising dentist to observe and approve
1183		-	11 the completion of 6 full mouth supragingival scaling
1184		-	12 procedures unless the training was received as part of
1185		-	13 a Commission on Dental Accreditation approved dental
1186		-	14 assistant program; and (IV) issue a certificate of
1187		-	15 completion of the training program, which must be kept
1188		-	16 on file at the dental office and be made available to
1189		-	17 the Department upon request. A dental assistant must
1190		-	18 have successfully completed an approved coronal
1191		-	19 polishing course prior to taking the coronal scaling
1192		-	20 course. A dental assistant performing these functions
1193		-	21 shall be limited to the use of hand instruments only.
1194		-	22 In addition, coronal scaling as described in this
1195		-	23 paragraph shall only be utilized on patients who are
1196		-	24 eligible for Medicaid, who are uninsured, or whose
1197		-	25 household income is not greater than 300% of the
1198		-	26 federal poverty level. A dentist may not supervise
1199		-
1200		-
1201		-
1202		-
1203		-
1204		-	HB1805 Engrossed - 34 - LRB104 07526 AAS 17570 b
1205		-
1206		-
1207		-	HB1805 Engrossed- 35 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 35 - LRB104 07526 AAS 17570 b
1208		-	HB1805 Engrossed - 35 - LRB104 07526 AAS 17570 b
1209		-	1 more than 2 dental assistants at any one time for the
1210		-	2 task of coronal scaling. This paragraph is inoperative
1211		-	3 on and after January 1, 2026.
1212		-	4 The limitations on the number of dental assistants a
1213		-	5 dentist may supervise contained in items (2), (4), and (7)
1214		-	6 of this paragraph (g) mean a limit of 4 total dental
1215		-	7 assistants or dental hygienists doing expanded functions
1216		-	8 covered by these Sections being supervised by one dentist;
1217		-	9 or
1218		-	10 (h) The practice of dentistry by an individual who:
1219		-	11 (i) has applied in writing to the Department, in
1220		-	12 form and substance satisfactory to the Department, for
1221		-	13 a general dental license and has complied with all
1222		-	14 provisions of Section 9 of this Act, except for the
1223		-	15 passage of the examination specified in subsection (e)
1224		-	16 of Section 9 of this Act; or
1225		-	17 (ii) has applied in writing to the Department, in
1226		-	18 form and substance satisfactory to the Department, for
1227		-	19 a temporary dental license and has complied with all
1228		-	20 provisions of subsection (c) of Section 11 of this
1229		-	21 Act; and
1230		-	22 (iii) has been accepted or appointed for specialty
1231		-	23 or residency training by a hospital situated in this
1232		-	24 State; or
1233		-	25 (iv) has been accepted or appointed for specialty
1234		-	26 training in an approved dental program situated in
1235		-
1236		-
1237		-
1238		-
1239		-
1240		-	HB1805 Engrossed - 35 - LRB104 07526 AAS 17570 b
1241		-
1242		-
1243		-	HB1805 Engrossed- 36 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 36 - LRB104 07526 AAS 17570 b
1244		-	HB1805 Engrossed - 36 - LRB104 07526 AAS 17570 b
1245		-	1 this State; or
1246		-	2 (v) has been accepted or appointed for specialty
1247		-	3 training in a dental public health agency situated in
1248		-	4 this State.
1249		-	5 The applicant shall be permitted to practice dentistry
1250		-	6 for a period of 3 months from the starting date of the
1251		-	7 program, unless authorized in writing by the Department to
1252		-	8 continue such practice for a period specified in writing
1253		-	9 by the Department.
1254		-	10 The applicant shall only be entitled to perform such
1255		-	11 acts as may be prescribed by and incidental to the
1256		-	12 applicant's his or her program of residency or specialty
1257		-	13 training and shall not otherwise engage in the practice of
1258		-	14 dentistry in this State.
1259		-	15 The authority to practice shall terminate immediately
1260		-	16 upon:
1261		-	17 (1) the decision of the Department that the
1262		-	18 applicant has failed the examination; or
1263		-	19 (2) denial of licensure by the Department; or
1264		-	20 (3) withdrawal of the application.
1265		-	21 (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
1266		-	22 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; 103-605, eff.
1267		-	23 7-1-24; 103-628, eff. 7-1-24.)
1268		-	24 (225 ILCS 25/18) (from Ch. 111, par. 2318)
1269		-	25 (Section scheduled to be repealed on January 1, 2026)
1270		-
1271		-
1272		-
1273		-
1274		-
1275		-	HB1805 Engrossed - 36 - LRB104 07526 AAS 17570 b
1276		-
1277		-
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1279		-	HB1805 Engrossed - 37 - LRB104 07526 AAS 17570 b
1280		-	1 Sec. 18. Acts constituting the practice of dental hygiene;
1281		-	2 limitations.
1282		-	3 (a) A person practices dental hygiene within the meaning
1283		-	4 of this Act when the person he or she performs the following
1284		-	5 acts under the supervision of a dentist:
1285		-	6 (i) the operative procedure of dental hygiene,
1286		-	7 consisting of oral prophylactic procedures;
1287		-	8 (ii) the exposure and processing of X-Ray films of the
1288		-	9 teeth and surrounding structures;
1289		-	10 (iii) the application to the surfaces of the teeth or
1290		-	11 gums of chemical compounds designed to be desensitizing
1291		-	12 agents or effective agents in the prevention of dental
1292		-	13 caries or periodontal disease;
1293		-	14 (iv) all services which may be performed by a dental
1294		-	15 assistant as specified by rule pursuant to Section 17, and
1295		-	16 a dental hygienist may engage in the placing, carving, and
1296		-	17 finishing of amalgam restorations only after obtaining
1297		-	18 formal education and certification as determined by the
1298		-	19 Department;
1299		-	20 (v) administration and monitoring of nitrous oxide
1300		-	21 upon successful completion of a training program approved
1301		-	22 by the Department;
1302		-	23 (vi) administration of local anesthetics upon
1303		-	24 successful completion of a training program approved by
1304		-	25 the Department; and
1305		-	26 (vii) such other procedures and acts as shall be
1306		-
1307		-
1308		-
1309		-
1310		-
1311		-	HB1805 Engrossed - 37 - LRB104 07526 AAS 17570 b
1312		-
1313		-
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1315		-	HB1805 Engrossed - 38 - LRB104 07526 AAS 17570 b
1316		-	1 prescribed by rule or regulation of the Department.
1317		-	2 (b) A dental hygienist may be employed or engaged only:
1318		-	3 (1) by a dentist;
1319		-	4 (2) by a federal, State, county, or municipal agency
1320		-	5 or institution;
1321		-	6 (3) by a public or private school; or
1322		-	7 (4) by a public clinic operating under the direction
1323		-	8 of a hospital or federal, State, county, municipal, or
1324		-	9 other public agency or institution.
1325		-	10 (c) When employed or engaged in the office of a dentist, a
1326		-	11 dental hygienist may perform, under general supervision, those
1327		-	12 procedures found in items (i) through (iv) of subsection (a)
1328		-	13 of this Section, provided the patient has been examined by the
1329		-	14 dentist within one year of the provision of dental hygiene
1330		-	15 services, the dentist has approved the dental hygiene services
1331		-	16 by a notation in the patient's record and the patient has been
1332		-	17 notified that the dentist may be out of the office during the
1333		-	18 provision of dental hygiene services.
1334		-	19 (d) If a patient of record is unable to travel to a dental
1335		-	20 office because of illness, infirmity, or imprisonment, a
1336		-	21 dental hygienist may perform, under the general supervision of
1337		-	22 a dentist, those procedures found in items (i) through (iv) of
1338		-	23 subsection (a) of this Section, provided the patient is
1339		-	24 located in a long-term care facility licensed by the State of
1340		-	25 Illinois, a mental health or developmental disability
1341		-	26 facility, or a State or federal prison. The dentist shall
1342		-
1343		-
1344		-
1345		-
1346		-
1347		-	HB1805 Engrossed - 38 - LRB104 07526 AAS 17570 b
1348		-
1349		-
1350		-	HB1805 Engrossed- 39 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 39 - LRB104 07526 AAS 17570 b
1351		-	HB1805 Engrossed - 39 - LRB104 07526 AAS 17570 b
1352		-	1 either personally examine and diagnose the patient or utilize
1353		-	2 approved teledentistry communication methods and determine
1354		-	3 which services are necessary to be performed, which shall be
1355		-	4 contained in an order to the hygienist and a notation in the
1356		-	5 patient's record. Such order must be implemented within 45
1357		-	6 days of its issuance, and an updated medical history and
	951	+	HB1805 - 26 - LRB104 07526 AAS 17570 b
	952	+
	953	+
	954	+	HB1805- 27 -LRB104 07526 AAS 17570 b HB1805 - 27 - LRB104 07526 AAS 17570 b
	955	+	HB1805 - 27 - LRB104 07526 AAS 17570 b
	956	+	1 purchasing these materials; (ii) provides instruction on
	957	+	2 the use of teeth whitening materials with a consumer
	958	+	3 purchasing these materials; or (iii) provides appropriate
	959	+	4 equipment on-site to the consumer for the consumer to
	960	+	5 self-apply teeth whitening materials.
	961	+	6 The fact that any person engages in or performs, or offers
	962	+	7 to engage in or perform, any of the practices, acts, or
	963	+	8 operations set forth in this Section, shall be prima facie
	964	+	9 evidence that such person is engaged in the practice of
	965	+	10 dentistry.
	966	+	11 The following practices, acts, and operations, however,
	967	+	12 are exempt from the operation of this Act:
	968	+	13 (a) The rendering of dental relief in emergency cases
	969	+	14 in the practice of the person's his or her profession by a
	970	+	15 physician or surgeon, licensed as such under the laws of
	971	+	16 this State, unless the person he or she undertakes to
	972	+	17 reproduce or reproduces lost parts of the human teeth in
	973	+	18 the mouth or to restore or replace lost or missing teeth in
	974	+	19 the mouth; or
	975	+	20 (b) The practice of dentistry in the discharge of
	976	+	21 their official duties by dentists in any branch of the
	977	+	22 Armed Services of the United States, the United States
	978	+	23 Public Health Service, or the United States Veterans
	979	+	24 Administration; or
	980	+	25 (c) The practice of dentistry by students in their
	981	+	26 course of study in dental schools or colleges approved by
	982	+
	983	+
	984	+
	985	+
	986	+
	987	+	HB1805 - 27 - LRB104 07526 AAS 17570 b
	988	+
	989	+
	990	+	HB1805- 28 -LRB104 07526 AAS 17570 b HB1805 - 28 - LRB104 07526 AAS 17570 b
	991	+	HB1805 - 28 - LRB104 07526 AAS 17570 b
	992	+	1 the Department, when acting under the direction and
	993	+	2 supervision of dentists acting as instructors; or
	994	+	3 (d) The practice of dentistry by clinical instructors
	995	+	4 in the course of their teaching duties in dental schools
	996	+	5 or colleges approved by the Department:
	997	+	6 (i) when acting under the direction and
	998	+	7 supervision of dentists, provided that such clinical
	999	+	8 instructors have instructed continuously in this State
	1000	+	9 since January 1, 1986; or
	1001	+	10 (ii) when holding the rank of full professor at
	1002	+	11 such approved dental school or college and possessing
	1003	+	12 a current valid license or authorization to practice
	1004	+	13 dentistry in another country; or
	1005	+	14 (e) The practice of dentistry by licensed dentists of
	1006	+	15 other states or countries at meetings of the Illinois
	1007	+	16 State Dental Society or component parts thereof, alumni
	1008	+	17 meetings of dental colleges, or any other like dental
	1009	+	18 organizations, while appearing as clinicians; or
	1010	+	19 (f) The use of X-Ray machines for exposing X-Ray films
	1011	+	20 of dental or oral tissues by dental hygienists or dental
	1012	+	21 assistants; or
	1013	+	22 (g) The performance of any dental service by a dental
	1014	+	23 assistant, if such service is performed under the
	1015	+	24 supervision and full responsibility of a dentist. In
	1016	+	25 addition, after being authorized by a dentist, a dental
	1017	+	26 assistant may, for the purpose of eliminating pain or
	1018	+
	1019	+
	1020	+
	1021	+
	1022	+
	1023	+	HB1805 - 28 - LRB104 07526 AAS 17570 b
	1024	+
	1025	+
	1026	+	HB1805- 29 -LRB104 07526 AAS 17570 b HB1805 - 29 - LRB104 07526 AAS 17570 b
	1027	+	HB1805 - 29 - LRB104 07526 AAS 17570 b
	1028	+	1 discomfort, remove loose, broken, or irritating
	1029	+	2 orthodontic appliances on a patient of record.
	1030	+	3 For purposes of this paragraph (g), "dental service"
	1031	+	4 is defined to mean any intraoral procedure or act which
	1032	+	5 shall be prescribed by rule or regulation of the
	1033	+	6 Department. "Dental service", however, shall not include:
	1034	+	7 (1) Any and all diagnosis of or prescription for
	1035	+	8 treatment of disease, pain, deformity, deficiency,
	1036	+	9 injury, or physical condition of the human teeth or
	1037	+	10 jaws, or adjacent structures.
	1038	+	11 (2) Removal of, restoration of, or addition to the
	1039	+	12 hard or soft tissues of the oral cavity, except for the
	1040	+	13 placing, carving, and finishing of amalgam
	1041	+	14 restorations and placing, packing, and finishing
	1042	+	15 composite restorations by dental assistants who have
	1043	+	16 had additional formal education and certification.
	1044	+	17 A dental assistant may place, carve, and finish
	1045	+	18 amalgam restorations, place, pack, and finish
	1046	+	19 composite restorations, and place interim restorations
	1047	+	20 if the dental assistant he or she (A) has successfully
	1048	+	21 completed a structured training program as described
	1049	+	22 in item (2) of subsection (g) provided by an
	1050	+	23 educational institution accredited by the Commission
	1051	+	24 on Dental Accreditation, such as a dental school or
	1052	+	25 dental hygiene or dental assistant program, or (B) has
	1053	+	26 at least 4,000 hours of direct clinical patient care
	1054	+
	1055	+
	1056	+
	1057	+
	1058	+
	1059	+	HB1805 - 29 - LRB104 07526 AAS 17570 b
	1060	+
	1061	+
	1062	+	HB1805- 30 -LRB104 07526 AAS 17570 b HB1805 - 30 - LRB104 07526 AAS 17570 b
	1063	+	HB1805 - 30 - LRB104 07526 AAS 17570 b
	1064	+	1 experience and has successfully completed a structured
	1065	+	2 training program as described in item (2) of
	1066	+	3 subsection (g) provided by a statewide dental
	1067	+	4 association, approved by the Department to provide
	1068	+	5 continuing education, that has developed and conducted
	1069	+	6 training programs for expanded functions for dental
	1070	+	7 assistants or hygienists. The training program must:
	1071	+	8 (i) include a minimum of 16 hours of didactic study and
	1072	+	9 14 hours of clinical manikin instruction; all training
	1073	+	10 programs shall include areas of study in nomenclature,
	1074	+	11 caries classifications, oral anatomy, periodontium,
	1075	+	12 basic occlusion, instrumentations, pulp protection
	1076	+	13 liners and bases, dental materials, matrix and wedge
	1077	+	14 techniques, amalgam placement and carving, rubber dam
	1078	+	15 clamp placement, and rubber dam placement and removal;
	1079	+	16 (ii) include an outcome assessment examination that
	1080	+	17 demonstrates competency; (iii) require the supervising
	1081	+	18 dentist to observe and approve the completion of 8
	1082	+	19 amalgam or composite restorations; and (iv) issue a
	1083	+	20 certificate of completion of the training program,
	1084	+	21 which must be kept on file at the dental office and be
	1085	+	22 made available to the Department upon request. A
	1086	+	23 dental assistant must have successfully completed an
	1087	+	24 approved coronal polishing and dental sealant course
	1088	+	25 prior to taking the amalgam and composite restoration
	1089	+	26 course.
	1090	+
	1091	+
	1092	+
	1093	+
	1094	+
	1095	+	HB1805 - 30 - LRB104 07526 AAS 17570 b
	1096	+
	1097	+
	1098	+	HB1805- 31 -LRB104 07526 AAS 17570 b HB1805 - 31 - LRB104 07526 AAS 17570 b
	1099	+	HB1805 - 31 - LRB104 07526 AAS 17570 b
	1100	+	1 A dentist utilizing dental assistants shall not
	1101	+	2 supervise more than 4 dental assistants at any one
	1102	+	3 time for placing, carving, and finishing of amalgam
	1103	+	4 restorations or for placing, packing, and finishing
	1104	+	5 composite restorations.
	1105	+	6 (3) Any and all correction of malformation of
	1106	+	7 teeth or of the jaws.
	1107	+	8 (4) Administration of anesthetics, except for
	1108	+	9 monitoring of nitrous oxide, moderate sedation, deep
	1109	+	10 sedation, and general anesthetic as provided in
	1110	+	11 Section 8.1 of this Act, that may be performed only
	1111	+	12 after successful completion of a training program
	1112	+	13 approved by the Department. A dentist utilizing dental
	1113	+	14 assistants shall not supervise more than 4 dental
	1114	+	15 assistants at any one time for the monitoring of
	1115	+	16 nitrous oxide.
	1116	+	17 (5) Removal of calculus from human teeth.
	1117	+	18 (6) Taking of material or digital scans for final
	1118	+	19 impressions for the fabrication of prosthetic
	1119	+	20 appliances, crowns, bridges, inlays, onlays, or other
	1120	+	21 restorative or replacement dentistry.
	1121	+	22 (7) The operative procedure of dental hygiene
	1122	+	23 consisting of oral prophylactic procedures, except for
	1123	+	24 coronal polishing and pit and fissure sealants, which
	1124	+	25 may be performed by a dental assistant who has
	1125	+	26 successfully completed a training program approved by
	1126	+
	1127	+
	1128	+
	1129	+
	1130	+
	1131	+	HB1805 - 31 - LRB104 07526 AAS 17570 b
	1132	+
	1133	+
	1134	+	HB1805- 32 -LRB104 07526 AAS 17570 b HB1805 - 32 - LRB104 07526 AAS 17570 b
	1135	+	HB1805 - 32 - LRB104 07526 AAS 17570 b
	1136	+	1 the Department. Dental assistants may perform coronal
	1137	+	2 polishing under the following circumstances: (i) the
	1138	+	3 coronal polishing shall be limited to polishing the
	1139	+	4 clinical crown of the tooth and existing restorations,
	1140	+	5 supragingivally; (ii) the dental assistant performing
	1141	+	6 the coronal polishing shall be limited to the use of
	1142	+	7 rotary instruments using a rubber cup or brush
	1143	+	8 polishing method (air polishing is not permitted); and
	1144	+	9 (iii) the supervising dentist shall not supervise more
	1145	+	10 than 4 dental assistants at any one time for the task
	1146	+	11 of coronal polishing or pit and fissure sealants.
	1147	+	12 In addition to coronal polishing and pit and
	1148	+	13 fissure sealants as described in this item (7), a
	1149	+	14 dental assistant who has at least 2,000 hours of
	1150	+	15 direct clinical patient care experience and who has
	1151	+	16 successfully completed a structured training program
	1152	+	17 provided by (1) an educational institution including,
	1153	+	18 but not limited to, a dental school or dental hygiene
	1154	+	19 or dental assistant program, (2) a continuing
	1155	+	20 education provider approved by the Department, or (3)
	1156	+	21 a statewide dental or dental hygienist association
	1157	+	22 that has developed and conducted a training program
	1158	+	23 for expanded functions for dental assistants or
	1159	+	24 hygienists may perform: (A) coronal scaling above the
	1160	+	25 gum line, supragingivally, on the clinical crown of
	1161	+	26 the tooth only on patients 17 years of age or younger
	1162	+
	1163	+
	1164	+
	1165	+
	1166	+
	1167	+	HB1805 - 32 - LRB104 07526 AAS 17570 b
	1168	+
	1169	+
	1170	+	HB1805- 33 -LRB104 07526 AAS 17570 b HB1805 - 33 - LRB104 07526 AAS 17570 b
	1171	+	HB1805 - 33 - LRB104 07526 AAS 17570 b
	1172	+	1 who have an absence of periodontal disease and who are
	1173	+	2 not medically compromised or individuals with special
	1174	+	3 needs and (B) intracoronal temporization of a tooth.
	1175	+	4 The training program must: (I) include a minimum of 32
	1176	+	5 hours of instruction in both didactic and clinical
	1177	+	6 manikin or human subject instruction; all training
	1178	+	7 programs shall include areas of study in dental
	1179	+	8 anatomy, public health dentistry, medical history,
	1180	+	9 dental emergencies, and managing the pediatric
	1181	+	10 patient; (II) include an outcome assessment
	1182	+	11 examination that demonstrates competency; (III)
	1183	+	12 require the supervising dentist to observe and approve
	1184	+	13 the completion of 6 full mouth supragingival scaling
	1185	+	14 procedures unless the training was received as part of
	1186	+	15 a Commission on Dental Accreditation approved dental
	1187	+	16 assistant program; and (IV) issue a certificate of
	1188	+	17 completion of the training program, which must be kept
	1189	+	18 on file at the dental office and be made available to
	1190	+	19 the Department upon request. A dental assistant must
	1191	+	20 have successfully completed an approved coronal
	1192	+	21 polishing course prior to taking the coronal scaling
	1193	+	22 course. A dental assistant performing these functions
	1194	+	23 shall be limited to the use of hand instruments only.
	1195	+	24 In addition, coronal scaling as described in this
	1196	+	25 paragraph shall only be utilized on patients who are
	1197	+	26 eligible for Medicaid, who are uninsured, or whose
	1198	+
	1199	+
	1200	+
	1201	+
	1202	+
	1203	+	HB1805 - 33 - LRB104 07526 AAS 17570 b
	1204	+
	1205	+
	1206	+	HB1805- 34 -LRB104 07526 AAS 17570 b HB1805 - 34 - LRB104 07526 AAS 17570 b
	1207	+	HB1805 - 34 - LRB104 07526 AAS 17570 b
	1208	+	1 household income is not greater than 300% of the
	1209	+	2 federal poverty level. A dentist may not supervise
	1210	+	3 more than 2 dental assistants at any one time for the
	1211	+	4 task of coronal scaling. This paragraph is inoperative
	1212	+	5 on and after January 1, 2026.
	1213	+	6 The limitations on the number of dental assistants a
	1214	+	7 dentist may supervise contained in items (2), (4), and (7)
	1215	+	8 of this paragraph (g) mean a limit of 4 total dental
	1216	+	9 assistants or dental hygienists doing expanded functions
	1217	+	10 covered by these Sections being supervised by one dentist;
	1218	+	11 or
	1219	+	12 (h) The practice of dentistry by an individual who:
	1220	+	13 (i) has applied in writing to the Department, in
	1221	+	14 form and substance satisfactory to the Department, for
	1222	+	15 a general dental license and has complied with all
	1223	+	16 provisions of Section 9 of this Act, except for the
	1224	+	17 passage of the examination specified in subsection (e)
	1225	+	18 of Section 9 of this Act; or
	1226	+	19 (ii) has applied in writing to the Department, in
	1227	+	20 form and substance satisfactory to the Department, for
	1228	+	21 a temporary dental license and has complied with all
	1229	+	22 provisions of subsection (c) of Section 11 of this
	1230	+	23 Act; and
	1231	+	24 (iii) has been accepted or appointed for specialty
	1232	+	25 or residency training by a hospital situated in this
	1233	+	26 State; or
	1234	+
	1235	+
	1236	+
	1237	+
	1238	+
	1239	+	HB1805 - 34 - LRB104 07526 AAS 17570 b
	1240	+
	1241	+
	1242	+	HB1805- 35 -LRB104 07526 AAS 17570 b HB1805 - 35 - LRB104 07526 AAS 17570 b
	1243	+	HB1805 - 35 - LRB104 07526 AAS 17570 b
	1244	+	1 (iv) has been accepted or appointed for specialty
	1245	+	2 training in an approved dental program situated in
	1246	+	3 this State; or
	1247	+	4 (v) has been accepted or appointed for specialty
	1248	+	5 training in a dental public health agency situated in
	1249	+	6 this State.
	1250	+	7 The applicant shall be permitted to practice dentistry
	1251	+	8 for a period of 3 months from the starting date of the
	1252	+	9 program, unless authorized in writing by the Department to
	1253	+	10 continue such practice for a period specified in writing
	1254	+	11 by the Department.
	1255	+	12 The applicant shall only be entitled to perform such
	1256	+	13 acts as may be prescribed by and incidental to the
	1257	+	14 applicant's his or her program of residency or specialty
	1258	+	15 training and shall not otherwise engage in the practice of
	1259	+	16 dentistry in this State.
	1260	+	17 The authority to practice shall terminate immediately
	1261	+	18 upon:
	1262	+	19 (1) the decision of the Department that the
	1263	+	20 applicant has failed the examination; or
	1264	+	21 (2) denial of licensure by the Department; or
	1265	+	22 (3) withdrawal of the application.
	1266	+	23 (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
	1267	+	24 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; 103-605, eff.
	1268	+	25 7-1-24; 103-628, eff. 7-1-24.)
	1269	+
	1270	+
	1271	+
	1272	+
	1273	+
	1274	+	HB1805 - 35 - LRB104 07526 AAS 17570 b
	1275	+
	1276	+
	1277	+	HB1805- 36 -LRB104 07526 AAS 17570 b HB1805 - 36 - LRB104 07526 AAS 17570 b
	1278	+	HB1805 - 36 - LRB104 07526 AAS 17570 b
	1279	+	1 (225 ILCS 25/18) (from Ch. 111, par. 2318)
	1280	+	2 (Section scheduled to be repealed on January 1, 2026)
	1281	+	3 Sec. 18. Acts constituting the practice of dental hygiene;
	1282	+	4 limitations.
	1283	+	5 (a) A person practices dental hygiene within the meaning
	1284	+	6 of this Act when the person he or she performs the following
	1285	+	7 acts under the supervision of a dentist:
	1286	+	8 (i) the operative procedure of dental hygiene,
	1287	+	9 consisting of oral prophylactic procedures;
	1288	+	10 (ii) the exposure and processing of X-Ray films of the
	1289	+	11 teeth and surrounding structures;
	1290	+	12 (iii) the application to the surfaces of the teeth or
	1291	+	13 gums of chemical compounds designed to be desensitizing
	1292	+	14 agents or effective agents in the prevention of dental
	1293	+	15 caries or periodontal disease;
	1294	+	16 (iv) all services which may be performed by a dental
	1295	+	17 assistant as specified by rule pursuant to Section 17, and
	1296	+	18 a dental hygienist may engage in the placing, carving, and
	1297	+	19 finishing of amalgam restorations only after obtaining
	1298	+	20 formal education and certification as determined by the
	1299	+	21 Department;
	1300	+	22 (v) administration and monitoring of nitrous oxide
	1301	+	23 upon successful completion of a training program approved
	1302	+	24 by the Department;
	1303	+	25 (vi) administration of local anesthetics upon
	1304	+	26 successful completion of a training program approved by
	1305	+
	1306	+
	1307	+
	1308	+
	1309	+
	1310	+	HB1805 - 36 - LRB104 07526 AAS 17570 b
	1311	+
	1312	+
	1313	+	HB1805- 37 -LRB104 07526 AAS 17570 b HB1805 - 37 - LRB104 07526 AAS 17570 b
	1314	+	HB1805 - 37 - LRB104 07526 AAS 17570 b
	1315	+	1 the Department; and
	1316	+	2 (vii) such other procedures and acts as shall be
	1317	+	3 prescribed by rule or regulation of the Department.
	1318	+	4 (b) A dental hygienist may be employed or engaged only:
	1319	+	5 (1) by a dentist;
	1320	+	6 (2) by a federal, State, county, or municipal agency
	1321	+	7 or institution;
	1322	+	8 (3) by a public or private school; or
	1323	+	9 (4) by a public clinic operating under the direction
	1324	+	10 of a hospital or federal, State, county, municipal, or
	1325	+	11 other public agency or institution.
	1326	+	12 (c) When employed or engaged in the office of a dentist, a
	1327	+	13 dental hygienist may perform, under general supervision, those
	1328	+	14 procedures found in items (i) through (iv) of subsection (a)
	1329	+	15 of this Section, provided the patient has been examined by the
	1330	+	16 dentist within one year of the provision of dental hygiene
	1331	+	17 services, the dentist has approved the dental hygiene services
	1332	+	18 by a notation in the patient's record and the patient has been
	1333	+	19 notified that the dentist may be out of the office during the
	1334	+	20 provision of dental hygiene services.
	1335	+	21 (d) If a patient of record is unable to travel to a dental
	1336	+	22 office because of illness, infirmity, or imprisonment, a
	1337	+	23 dental hygienist may perform, under the general supervision of
	1338	+	24 a dentist, those procedures found in items (i) through (iv) of
	1339	+	25 subsection (a) of this Section, provided the patient is
	1340	+	26 located in a long-term care facility licensed by the State of
	1341	+
	1342	+
	1343	+
	1344	+
	1345	+
	1346	+	HB1805 - 37 - LRB104 07526 AAS 17570 b
	1347	+
	1348	+
	1349	+	HB1805- 38 -LRB104 07526 AAS 17570 b HB1805 - 38 - LRB104 07526 AAS 17570 b
	1350	+	HB1805 - 38 - LRB104 07526 AAS 17570 b
	1351	+	1 Illinois, a mental health or developmental disability
	1352	+	2 facility, or a State or federal prison. The dentist shall
	1353	+	3 either personally examine and diagnose the patient or utilize
	1354	+	4 approved teledentistry communication methods and determine
	1355	+	5 which services are necessary to be performed, which shall be
	1356	+	6 contained in an order to the hygienist and a notation in the
	1357	+	7 patient's record. Such order must be implemented within 45
	1358	+	8 days of its issuance, and an updated medical history and
	1359	+	9 observation of oral conditions must be performed by the
	1360	+	10 hygienist immediately prior to beginning the procedures to
	1361	+	11 ensure that the patient's health has not changed in any manner
	1362	+	12 to warrant a reexamination by the dentist.
	1363	+	13 (e) School-based oral health care, consisting of and
	1364	+	14 limited to oral prophylactic procedures, sealants, and
	1365	+	15 fluoride treatments, may be provided by a dental hygienist
	1366	+	16 under the general supervision of a dentist. A dental hygienist
	1367	+	17 may not provide other dental hygiene treatment in a
	1368	+	18 school-based setting, including but not limited to
	1369	+	19 administration or monitoring of nitrous oxide or
	1370	+	20 administration of local anesthetics. The school-based
	1371	+	21 procedures may be performed provided the patient is located at
	1372	+	22 a public or private school and the program is being conducted
	1373	+	23 by a State, county or local public health department
	1374	+	24 initiative or in conjunction with a dental school or dental
	1375	+	25 hygiene program. The dentist shall personally examine and
	1376	+	26 diagnose the patient and determine which services are
	1377	+
	1378	+
	1379	+
	1380	+
	1381	+
	1382	+	HB1805 - 38 - LRB104 07526 AAS 17570 b
	1383	+
	1384	+
	1385	+	HB1805- 39 -LRB104 07526 AAS 17570 b HB1805 - 39 - LRB104 07526 AAS 17570 b
	1386	+	HB1805 - 39 - LRB104 07526 AAS 17570 b
	1387	+	1 necessary to be performed, which shall be contained in an
	1388	+	2 order to the hygienist and a notation in the patient's record.
	1389	+	3 Any such order for sealants must be implemented within 120
	1390	+	4 days after its issuance. Any such order for oral prophylactic
	1391	+	5 procedures or fluoride treatments must be implemented within
	1392	+	6 180 days after its issuance. An updated medical history and
1358	1393		7 observation of oral conditions must be performed by the
1359	1394		8 hygienist immediately prior to beginning the procedures to
1360	1395		9 ensure that the patient's health has not changed in any manner
1361	1396		10 to warrant a reexamination by the dentist.
1362		-	11 (e) School-based oral health care, consisting of and
1363		-	12 limited to oral prophylactic procedures, sealants, and
1364		-	13 fluoride treatments, may be provided by a dental hygienist
1365		-	14 under the general supervision of a dentist. A dental hygienist
1366		-	15 may not provide other dental hygiene treatment in a
1367		-	16 school-based setting, including but not limited to
1368		-	17 administration or monitoring of nitrous oxide or
1369		-	18 administration of local anesthetics. The school-based
1370		-	19 procedures may be performed provided the patient is located at
1371		-	20 a public or private school and the program is being conducted
1372		-	21 by a State, county or local public health department
1373		-	22 initiative or in conjunction with a dental school or dental
1374		-	23 hygiene program. The dentist shall personally examine and
1375		-	24 diagnose the patient and determine which services are
1376		-	25 necessary to be performed, which shall be contained in an
1377		-	26 order to the hygienist and a notation in the patient's record.
1378		-
1379		-
1380		-
1381		-
1382		-
1383		-	HB1805 Engrossed - 39 - LRB104 07526 AAS 17570 b
1384		-
1385		-
1386		-	HB1805 Engrossed- 40 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 40 - LRB104 07526 AAS 17570 b
1387		-	HB1805 Engrossed - 40 - LRB104 07526 AAS 17570 b
1388		-	1 Any such order for sealants must be implemented within 120
1389		-	2 days after its issuance. Any such order for oral prophylactic
1390		-	3 procedures or fluoride treatments must be implemented within
1391		-	4 180 days after its issuance. An updated medical history and
1392		-	5 observation of oral conditions must be performed by the
1393		-	6 hygienist immediately prior to beginning the procedures to
1394		-	7 ensure that the patient's health has not changed in any manner
1395		-	8 to warrant a reexamination by the dentist.
1396		-	9 (f) Without the supervision of a dentist, a dental
1397		-	10 hygienist may perform dental health education functions,
1398		-	11 including instruction in proper oral health care and dental
1399		-	12 hygiene in, for example, a school setting, a long-term care
1400		-	13 facility, and a health fair. In addition, a dental hygienist
1401		-	14 may record case histories and oral conditions observed at any
1402		-	15 time prior to a clinical exam by a dentist.
1403		-	16 (g) The number of dental hygienists practicing in a dental
1404		-	17 office shall not exceed, at any one time, 4 times the number of
1405		-	18 dentists practicing in the office at the time.
1406		-	19 (h) A dental hygienist who is certified as a public health
1407		-	20 dental hygienist may provide services to patients: (1) who are
1408		-	21 eligible for Medicaid or (2) who are uninsured and whose
1409		-	22 household income is not greater than 300% of the federal
1410		-	23 poverty level. A public health dental hygienist may perform
1411		-	24 oral assessments, perform screenings, and provide educational
1412		-	25 and preventative services as provided in subsection (b) of
1413		-	26 Section 18.1 of this Act. The public health dental hygienist
1414		-
1415		-
1416		-
1417		-
1418		-
1419		-	HB1805 Engrossed - 40 - LRB104 07526 AAS 17570 b
1420		-
1421		-
1422		-	HB1805 Engrossed- 41 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 41 - LRB104 07526 AAS 17570 b
1423		-	HB1805 Engrossed - 41 - LRB104 07526 AAS 17570 b
1424		-	1 may not administer local anesthesia or nitrous oxide, or
1425		-	2 place, carve, or finish amalgam restorations or provide
1426		-	3 periodontal therapy under this exception. Each patient must
1427		-	4 sign a consent form that acknowledges that the care received
1428		-	5 does not take the place of a regular dental examination. The
1429		-	6 public health dental hygienist must provide the patient or
1430		-	7 guardian a written referral to a dentist for assessment of the
1431		-	8 need for further dental care at the time of treatment. Any
1432		-	9 indication or observation of a condition that could warrant
1433		-	10 the need for urgent attention must be reported immediately to
1434		-	11 the supervising dentist for appropriate assessment and
1435		-	12 treatment.
1436		-	13 This subsection (h) is inoperative on and after January 1,
1437		-	14 2026.
1438		-	15 (i) A dental hygienist performing procedures listed in
1439		-	16 paragraphs (1) through (4) of subsection (a) of Section 17.1
1440		-	17 must be under the supervision of a dentist, requiring the
1441		-	18 dentist authorizes the procedure, remains in the dental
1442		-	19 facility while the procedure is performed, and approves the
1443		-	20 work performed by the dental hygienist before dismissal of the
1444		-	21 patient, but the dentist is not required to be present at all
1445		-	22 times in the treatment room.
1446		-	23 (j) A dental hygienist may perform actions described in
1447		-	24 paragraph (5) of subsection (a) of Section 17.1 under the
1448		-	25 general supervision of a dentist as described in this Section.
1449		-	26 (Source: P.A. 102-936, eff. 1-1-23; 103-431, eff. 1-1-24.)
1450		-
1451		-
1452		-
1453		-
1454		-
1455		-	HB1805 Engrossed - 41 - LRB104 07526 AAS 17570 b
1456		-
1457		-
1458		-	HB1805 Engrossed- 42 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 42 - LRB104 07526 AAS 17570 b
1459		-	HB1805 Engrossed - 42 - LRB104 07526 AAS 17570 b
1460		-	1 (225 ILCS 25/18.1)
1461		-	2 (Section scheduled to be repealed on January 1, 2026)
1462		-	3 Sec. 18.1. Public health dental supervision
1463		-	4 responsibilities.
1464		-	5 (a) When working together in a public health supervision
1465		-	6 relationship, dentists and public health dental hygienists
1466		-	7 shall enter into a public health supervision agreement. The
1467		-	8 dentist providing public health supervision must:
1468		-	9 (1) be available to provide an appropriate level of
1469		-	10 contact, communication, collaboration, and consultation
1470		-	11 with the public health dental hygienist and must meet
1471		-	12 in-person with the public health dental hygienist at least
1472		-	13 quarterly for review and consultation;
1473		-	14 (2) have specific standing orders or policy guidelines
1474		-	15 for procedures that are to be carried out for each
1475		-	16 location or program, although the dentist need not be
1476		-	17 present when the procedures are being performed;
1477		-	18 (3) provide for the patient's additional necessary
1478		-	19 care in consultation with the public health dental
1479		-	20 hygienist;
1480		-	21 (4) file agreements and notifications as required; and
1481		-	22 (5) include procedures for creating and maintaining
1482		-	23 dental records, including protocols for transmission of
1483		-	24 all records between the public health dental hygienist and
1484		-	25 the dentist following each treatment, which shall include
1485		-
1486		-
1487		-
1488		-
1489		-
1490		-	HB1805 Engrossed - 42 - LRB104 07526 AAS 17570 b
1491		-
1492		-
1493		-	HB1805 Engrossed- 43 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 43 - LRB104 07526 AAS 17570 b
1494		-	HB1805 Engrossed - 43 - LRB104 07526 AAS 17570 b
1495		-	1 a notation regarding procedures authorized by the dentist
1496		-	2 and performed by the public health dental hygienist and
1497		-	3 the location where those records are to be kept.
1498		-	4 Each dentist and hygienist who enters into a public health
1499		-	5 supervision agreement must document and maintain a copy of any
1500		-	6 change or termination of that agreement.
1501		-	7 Dental records shall be owned and maintained by the
1502		-	8 supervising dentist for all patients treated under public
1503		-	9 health supervision, unless the supervising dentist is an
1504		-	10 employee of a public health clinic or federally qualified
1505		-	11 health center, in which case the public health clinic or
1506		-	12 federally qualified health center shall maintain the records.
1507		-	13 If a dentist ceases to be employed or contracted by the
1508		-	14 facility, the dentist shall notify the facility administrator
1509		-	15 that the public health supervision agreement is no longer in
1510		-	16 effect. A new public health supervision agreement is required
1511		-	17 for the public health dental hygienist to continue treating
1512		-	18 patients under public health supervision.
1513		-	19 A dentist entering into an agreement under this Section
1514		-	20 may supervise and enter into agreements for public health
1515		-	21 supervision with 4 public health dental hygienists. This shall
1516		-	22 be in addition to the limit of 4 dental hygienists per dentist
1517		-	23 set forth in subsection (g) of Section 18 of this Act.
1518		-	24 (b) A public health dental hygienist providing services
1519		-	25 under public health supervision may perform only those duties
1520		-	26 within the accepted scope of practice of dental hygiene, as
1521		-
1522		-
1523		-
1524		-
1525		-
1526		-	HB1805 Engrossed - 43 - LRB104 07526 AAS 17570 b
1527		-
1528		-
1529		-	HB1805 Engrossed- 44 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 44 - LRB104 07526 AAS 17570 b
1530		-	HB1805 Engrossed - 44 - LRB104 07526 AAS 17570 b
1531		-	1 follows:
1532		-	2 (1) the operative procedures of dental hygiene,
1533		-	3 consisting of oral prophylactic procedures, including
1534		-	4 prophylactic cleanings, application of fluoride, and
1535		-	5 placement of sealants;
1536		-	6 (2) the exposure and processing of x-ray films of the
1537		-	7 teeth and surrounding structures; and
1538		-	8 (3) such other procedures and acts as shall be
1539		-	9 prescribed by rule of the Department.
1540		-	10 Any patient treated under this subsection (b) must be
1541		-	11 examined by a dentist before additional services can be
1542		-	12 provided by a public health dental hygienist. However, if the
1543		-	13 supervising dentist, after consultation with the public health
1544		-	14 hygienist, determines that time is needed to complete an
1545		-	15 approved treatment plan on a patient eligible under this
1546		-	16 Section, then the dentist may instruct the hygienist to
1547		-	17 complete the remaining services prior to an oral examination
1548		-	18 by the dentist. Such instruction by the dentist to the
1549		-	19 hygienist shall be noted in the patient's records. Any
1550		-	20 services performed under this exception must be scheduled in a
1551		-	21 timely manner and shall not occur more than 30 days after the
1552		-	22 first appointment date.
1553		-	23 (c) A public health dental hygienist providing services
1554		-	24 under public health supervision must:
1555		-	25 (1) provide to the patient, parent, or guardian a
1556		-	26 written plan for referral or an agreement for follow-up
1557		-
1558		-
1559		-
1560		-
1561		-
1562		-	HB1805 Engrossed - 44 - LRB104 07526 AAS 17570 b
1563		-
1564		-
1565		-	HB1805 Engrossed- 45 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 45 - LRB104 07526 AAS 17570 b
1566		-	HB1805 Engrossed - 45 - LRB104 07526 AAS 17570 b
1567		-	1 that records all conditions observed that should be called
1568		-	2 to the attention of a dentist for proper diagnosis;
1569		-	3 (2) have each patient sign a permission slip or
1570		-	4 consent form that informs them that the service to be
1571		-	5 received does not take the place of regular dental
1572		-	6 checkups at a dental office and is meant for people who
1573		-	7 otherwise would not have access to the service;
1574		-	8 (3) inform each patient who may require further dental
1575		-	9 services of that need;
1576		-	10 (4) maintain an appropriate level of contact and
1577		-	11 communication with the dentist providing public health
1578		-	12 supervision; and
1579		-	13 (5) complete an additional 4 hours of continuing
1580		-	14 education in areas specific to public health dentistry
1581		-	15 yearly.
1582		-	16 (d) Each public health dental hygienist who has rendered
1583		-	17 services under subsections (c), (d), and (e) of this Section
1584		-	18 must complete a summary report at the completion of a program
1585		-	19 or, in the case of an ongoing program, at least annually. The
1586		-	20 report must be completed in the manner specified by the
1587		-	21 Department of Public Health Oral Health Section including
1588		-	22 information about each location where the public health dental
1589		-	23 hygienist has rendered these services. The public health
1590		-	24 dental hygienist must submit the form to the dentist providing
1591		-	25 supervision for the dentist's his or her signature before
1592		-	26 sending it to the Division. The Department of Public Health
1593		-
1594		-
1595		-
1596		-
1597		-
1598		-	HB1805 Engrossed - 45 - LRB104 07526 AAS 17570 b
1599		-
1600		-
1601		-	HB1805 Engrossed- 46 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 46 - LRB104 07526 AAS 17570 b
1602		-	HB1805 Engrossed - 46 - LRB104 07526 AAS 17570 b
1603		-	1 Oral Health Section shall compile and publicize public health
1604		-	2 dental hygienist service data annually.
1605		-	3 (e) Public health dental hygienists providing services
1606		-	4 under public health supervision may be compensated for their
1607		-	5 work by salary, honoraria, and other mechanisms by the
1608		-	6 employing or sponsoring entity. Nothing in this Act shall
1609		-	7 preclude the entity that employs or sponsors a public health
1610		-	8 dental hygienist from seeking payment, reimbursement, or other
1611		-	9 source of funding for the services provided.
1612		-	10 (e-5) A patient who is provided services under a
1613		-	11 supervision agreement by a public health dental hygienist as
1614		-	12 described in this Section does not need to receive a physical
1615		-	13 examination from a dentist prior to treatment if the public
1616		-	14 health dental hygienist consults with the supervising dentist
1617		-	15 prior to performing the teledentistry service.
1618		-	16 (f) This Section is repealed on January 1, 2026.
1619		-	17 (Source: P.A. 103-431, eff. 1-1-24; 103-902, eff. 8-9-24.)
1620		-	18 (225 ILCS 25/19) (from Ch. 111, par. 2319)
1621		-	19 (Section scheduled to be repealed on January 1, 2026)
1622		-	20 Sec. 19. Endorsement Licensing applicants from other
1623		-	21 states. Any person who has been lawfully licensed to practice
1624		-	22 dentistry, including the practice of a licensed dental
1625		-	23 specialty, or dental hygiene in another state or territory or
1626		-	24 as a member of the military service which has and maintains a
1627		-	25 standard for the practice of dentistry, a dental specialty, or
1628		-
1629		-
1630		-
1631		-
1632		-
1633		-	HB1805 Engrossed - 46 - LRB104 07526 AAS 17570 b
1634		-
1635		-
1636		-	HB1805 Engrossed- 47 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 47 - LRB104 07526 AAS 17570 b
1637		-	HB1805 Engrossed - 47 - LRB104 07526 AAS 17570 b
1638		-	1 dental hygiene at least equal to that now maintained in this
1639		-	2 State, or if the requirements for licensure in such state or
1640		-	3 territory in which the applicant was licensed were, at the
1641		-	4 date of the applicant's his or her licensure, substantially
1642		-	5 equivalent to the requirements then in force in this State,
1643		-	6 and who has been lawfully engaged in the practice of dentistry
1644		-	7 or dental hygiene for at least 2 years immediately preceding
1645		-	8 the filing of the his or her application to practice in this
1646		-	9 State and who shall deposit with the Department a duly
1647		-	10 attested certificate from the Board of the state or territory
1648		-	11 in which the person he or she is licensed, certifying to the
1649		-	12 fact of the person's his or her licensing and of the person his
1650		-	13 or her being a person of good moral character may, upon payment
1651		-	14 of the required fee, be granted a license to practice
1652		-	15 dentistry, a dental specialty, or dental hygiene in this
1653		-	16 State, as the case may be.
1654		-	17 For the purposes of this Section, "substantially
1655		-	18 equivalent" means that the applicant has presented evidence of
1656		-	19 completion and graduation from an American Dental Association
1657		-	20 accredited dental college or school in the United States or
1658		-	21 Canada, presented evidence that the applicant has passed both
1659		-	22 parts of the National Board Dental Examination, and
1660		-	23 successfully completed an examination conducted by a regional
1661		-	24 testing service.
1662		-	25 Applicants have 3 years from the date of application to
1663		-	26 complete the application process. If the process has not been
1664		-
1665		-
1666		-
1667		-
1668		-
1669		-	HB1805 Engrossed - 47 - LRB104 07526 AAS 17570 b
1670		-
1671		-
1672		-	HB1805 Engrossed- 48 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 48 - LRB104 07526 AAS 17570 b
1673		-	HB1805 Engrossed - 48 - LRB104 07526 AAS 17570 b
1674		-	1 completed in 3 years, the application shall expire 3 years
1675		-	2 after the date of submission of the application be denied, the
1676		-	3 fee shall be forfeited, and the applicant must reapply and
1677		-	4 meet the requirements in effect at the time of reapplication.
1678		-	5 (Source: P.A. 103-425, eff. 1-1-24.)
1679		-	6 (225 ILCS 25/19.2)
	1397	+	11 (f) Without the supervision of a dentist, a dental
	1398	+	12 hygienist may perform dental health education functions,
	1399	+	13 including instruction in proper oral health care and dental
	1400	+	14 hygiene in, for example, a school setting, a long-term care
	1401	+	15 facility, and a health fair. In addition, a dental hygienist
	1402	+	16 may record case histories and oral conditions observed at any
	1403	+	17 time prior to a clinical exam by a dentist.
	1404	+	18 (g) The number of dental hygienists practicing in a dental
	1405	+	19 office shall not exceed, at any one time, 4 times the number of
	1406	+	20 dentists practicing in the office at the time.
	1407	+	21 (h) A dental hygienist who is certified as a public health
	1408	+	22 dental hygienist may provide services to patients: (1) who are
	1409	+	23 eligible for Medicaid or (2) who are uninsured and whose
	1410	+	24 household income is not greater than 300% of the federal
	1411	+	25 poverty level. A public health dental hygienist may perform
	1412	+	26 oral assessments, perform screenings, and provide educational
	1413	+
	1414	+
	1415	+
	1416	+
	1417	+
	1418	+	HB1805 - 39 - LRB104 07526 AAS 17570 b
	1419	+
	1420	+
	1421	+	HB1805- 40 -LRB104 07526 AAS 17570 b HB1805 - 40 - LRB104 07526 AAS 17570 b
	1422	+	HB1805 - 40 - LRB104 07526 AAS 17570 b
	1423	+	1 and preventative services as provided in subsection (b) of
	1424	+	2 Section 18.1 of this Act. The public health dental hygienist
	1425	+	3 may not administer local anesthesia or nitrous oxide, or
	1426	+	4 place, carve, or finish amalgam restorations or provide
	1427	+	5 periodontal therapy under this exception. Each patient must
	1428	+	6 sign a consent form that acknowledges that the care received
	1429	+	7 does not take the place of a regular dental examination. The
	1430	+	8 public health dental hygienist must provide the patient or
	1431	+	9 guardian a written referral to a dentist for assessment of the
	1432	+	10 need for further dental care at the time of treatment. Any
	1433	+	11 indication or observation of a condition that could warrant
	1434	+	12 the need for urgent attention must be reported immediately to
	1435	+	13 the supervising dentist for appropriate assessment and
	1436	+	14 treatment.
	1437	+	15 This subsection (h) is inoperative on and after January 1,
	1438	+	16 2026.
	1439	+	17 (i) A dental hygienist performing procedures listed in
	1440	+	18 paragraphs (1) through (4) of subsection (a) of Section 17.1
	1441	+	19 must be under the supervision of a dentist, requiring the
	1442	+	20 dentist authorizes the procedure, remains in the dental
	1443	+	21 facility while the procedure is performed, and approves the
	1444	+	22 work performed by the dental hygienist before dismissal of the
	1445	+	23 patient, but the dentist is not required to be present at all
	1446	+	24 times in the treatment room.
	1447	+	25 (j) A dental hygienist may perform actions described in
	1448	+	26 paragraph (5) of subsection (a) of Section 17.1 under the
	1449	+
	1450	+
	1451	+
	1452	+
	1453	+
	1454	+	HB1805 - 40 - LRB104 07526 AAS 17570 b
	1455	+
	1456	+
	1457	+	HB1805- 41 -LRB104 07526 AAS 17570 b HB1805 - 41 - LRB104 07526 AAS 17570 b
	1458	+	HB1805 - 41 - LRB104 07526 AAS 17570 b
	1459	+	1 general supervision of a dentist as described in this Section.
	1460	+	2 (Source: P.A. 102-936, eff. 1-1-23; 103-431, eff. 1-1-24.)
	1461	+	3 (225 ILCS 25/18.1)
	1462	+	4 (Section scheduled to be repealed on January 1, 2026)
	1463	+	5 Sec. 18.1. Public health dental supervision
	1464	+	6 responsibilities.
	1465	+	7 (a) When working together in a public health supervision
	1466	+	8 relationship, dentists and public health dental hygienists
	1467	+	9 shall enter into a public health supervision agreement. The
	1468	+	10 dentist providing public health supervision must:
	1469	+	11 (1) be available to provide an appropriate level of
	1470	+	12 contact, communication, collaboration, and consultation
	1471	+	13 with the public health dental hygienist and must meet
	1472	+	14 in-person with the public health dental hygienist at least
	1473	+	15 quarterly for review and consultation;
	1474	+	16 (2) have specific standing orders or policy guidelines
	1475	+	17 for procedures that are to be carried out for each
	1476	+	18 location or program, although the dentist need not be
	1477	+	19 present when the procedures are being performed;
	1478	+	20 (3) provide for the patient's additional necessary
	1479	+	21 care in consultation with the public health dental
	1480	+	22 hygienist;
	1481	+	23 (4) file agreements and notifications as required; and
	1482	+	24 (5) include procedures for creating and maintaining
	1483	+	25 dental records, including protocols for transmission of
	1484	+
	1485	+
	1486	+
	1487	+
	1488	+
	1489	+	HB1805 - 41 - LRB104 07526 AAS 17570 b
	1490	+
	1491	+
	1492	+	HB1805- 42 -LRB104 07526 AAS 17570 b HB1805 - 42 - LRB104 07526 AAS 17570 b
	1493	+	HB1805 - 42 - LRB104 07526 AAS 17570 b
	1494	+	1 all records between the public health dental hygienist and
	1495	+	2 the dentist following each treatment, which shall include
	1496	+	3 a notation regarding procedures authorized by the dentist
	1497	+	4 and performed by the public health dental hygienist and
	1498	+	5 the location where those records are to be kept.
	1499	+	6 Each dentist and hygienist who enters into a public health
	1500	+	7 supervision agreement must document and maintain a copy of any
	1501	+	8 change or termination of that agreement.
	1502	+	9 Dental records shall be owned and maintained by the
	1503	+	10 supervising dentist for all patients treated under public
	1504	+	11 health supervision, unless the supervising dentist is an
	1505	+	12 employee of a public health clinic or federally qualified
	1506	+	13 health center, in which case the public health clinic or
	1507	+	14 federally qualified health center shall maintain the records.
	1508	+	15 If a dentist ceases to be employed or contracted by the
	1509	+	16 facility, the dentist shall notify the facility administrator
	1510	+	17 that the public health supervision agreement is no longer in
	1511	+	18 effect. A new public health supervision agreement is required
	1512	+	19 for the public health dental hygienist to continue treating
	1513	+	20 patients under public health supervision.
	1514	+	21 A dentist entering into an agreement under this Section
	1515	+	22 may supervise and enter into agreements for public health
	1516	+	23 supervision with 4 public health dental hygienists. This shall
	1517	+	24 be in addition to the limit of 4 dental hygienists per dentist
	1518	+	25 set forth in subsection (g) of Section 18 of this Act.
	1519	+	26 (b) A public health dental hygienist providing services
	1520	+
	1521	+
	1522	+
	1523	+
	1524	+
	1525	+	HB1805 - 42 - LRB104 07526 AAS 17570 b
	1526	+
	1527	+
	1528	+	HB1805- 43 -LRB104 07526 AAS 17570 b HB1805 - 43 - LRB104 07526 AAS 17570 b
	1529	+	HB1805 - 43 - LRB104 07526 AAS 17570 b
	1530	+	1 under public health supervision may perform only those duties
	1531	+	2 within the accepted scope of practice of dental hygiene, as
	1532	+	3 follows:
	1533	+	4 (1) the operative procedures of dental hygiene,
	1534	+	5 consisting of oral prophylactic procedures, including
	1535	+	6 prophylactic cleanings, application of fluoride, and
	1536	+	7 placement of sealants;
	1537	+	8 (2) the exposure and processing of x-ray films of the
	1538	+	9 teeth and surrounding structures; and
	1539	+	10 (3) such other procedures and acts as shall be
	1540	+	11 prescribed by rule of the Department.
	1541	+	12 Any patient treated under this subsection (b) must be
	1542	+	13 examined by a dentist before additional services can be
	1543	+	14 provided by a public health dental hygienist. However, if the
	1544	+	15 supervising dentist, after consultation with the public health
	1545	+	16 hygienist, determines that time is needed to complete an
	1546	+	17 approved treatment plan on a patient eligible under this
	1547	+	18 Section, then the dentist may instruct the hygienist to
	1548	+	19 complete the remaining services prior to an oral examination
	1549	+	20 by the dentist. Such instruction by the dentist to the
	1550	+	21 hygienist shall be noted in the patient's records. Any
	1551	+	22 services performed under this exception must be scheduled in a
	1552	+	23 timely manner and shall not occur more than 30 days after the
	1553	+	24 first appointment date.
	1554	+	25 (c) A public health dental hygienist providing services
	1555	+	26 under public health supervision must:
	1556	+
	1557	+
	1558	+
	1559	+
	1560	+
	1561	+	HB1805 - 43 - LRB104 07526 AAS 17570 b
	1562	+
	1563	+
	1564	+	HB1805- 44 -LRB104 07526 AAS 17570 b HB1805 - 44 - LRB104 07526 AAS 17570 b
	1565	+	HB1805 - 44 - LRB104 07526 AAS 17570 b
	1566	+	1 (1) provide to the patient, parent, or guardian a
	1567	+	2 written plan for referral or an agreement for follow-up
	1568	+	3 that records all conditions observed that should be called
	1569	+	4 to the attention of a dentist for proper diagnosis;
	1570	+	5 (2) have each patient sign a permission slip or
	1571	+	6 consent form that informs them that the service to be
	1572	+	7 received does not take the place of regular dental
	1573	+	8 checkups at a dental office and is meant for people who
	1574	+	9 otherwise would not have access to the service;
	1575	+	10 (3) inform each patient who may require further dental
	1576	+	11 services of that need;
	1577	+	12 (4) maintain an appropriate level of contact and
	1578	+	13 communication with the dentist providing public health
	1579	+	14 supervision; and
	1580	+	15 (5) complete an additional 4 hours of continuing
	1581	+	16 education in areas specific to public health dentistry
	1582	+	17 yearly.
	1583	+	18 (d) Each public health dental hygienist who has rendered
	1584	+	19 services under subsections (c), (d), and (e) of this Section
	1585	+	20 must complete a summary report at the completion of a program
	1586	+	21 or, in the case of an ongoing program, at least annually. The
	1587	+	22 report must be completed in the manner specified by the
	1588	+	23 Department of Public Health Oral Health Section including
	1589	+	24 information about each location where the public health dental
	1590	+	25 hygienist has rendered these services. The public health
	1591	+	26 dental hygienist must submit the form to the dentist providing
	1592	+
	1593	+
	1594	+
	1595	+
	1596	+
	1597	+	HB1805 - 44 - LRB104 07526 AAS 17570 b
	1598	+
	1599	+
	1600	+	HB1805- 45 -LRB104 07526 AAS 17570 b HB1805 - 45 - LRB104 07526 AAS 17570 b
	1601	+	HB1805 - 45 - LRB104 07526 AAS 17570 b
	1602	+	1 supervision for the dentist's his or her signature before
	1603	+	2 sending it to the Division. The Department of Public Health
	1604	+	3 Oral Health Section shall compile and publicize public health
	1605	+	4 dental hygienist service data annually.
	1606	+	5 (e) Public health dental hygienists providing services
	1607	+	6 under public health supervision may be compensated for their
	1608	+	7 work by salary, honoraria, and other mechanisms by the
	1609	+	8 employing or sponsoring entity. Nothing in this Act shall
	1610	+	9 preclude the entity that employs or sponsors a public health
	1611	+	10 dental hygienist from seeking payment, reimbursement, or other
	1612	+	11 source of funding for the services provided.
	1613	+	12 (e-5) A patient who is provided services under a
	1614	+	13 supervision agreement by a public health dental hygienist as
	1615	+	14 described in this Section does not need to receive a physical
	1616	+	15 examination from a dentist prior to treatment if the public
	1617	+	16 health dental hygienist consults with the supervising dentist
	1618	+	17 prior to performing the teledentistry service.
	1619	+	18 (f) This Section is repealed on January 1, 2026.
	1620	+	19 (Source: P.A. 103-431, eff. 1-1-24; 103-902, eff. 8-9-24.)
	1621	+	20 (225 ILCS 25/19) (from Ch. 111, par. 2319)
	1622	+	21 (Section scheduled to be repealed on January 1, 2026)
	1623	+	22 Sec. 19. Endorsement Licensing applicants from other
	1624	+	23 states. Any person who has been lawfully licensed to practice
	1625	+	24 dentistry, including the practice of a licensed dental
	1626	+	25 specialty, or dental hygiene in another state or territory or
	1627	+
	1628	+
	1629	+
	1630	+
	1631	+
	1632	+	HB1805 - 45 - LRB104 07526 AAS 17570 b
	1633	+
	1634	+
	1635	+	HB1805- 46 -LRB104 07526 AAS 17570 b HB1805 - 46 - LRB104 07526 AAS 17570 b
	1636	+	HB1805 - 46 - LRB104 07526 AAS 17570 b
	1637	+	1 as a member of the military service which has and maintains a
	1638	+	2 standard for the practice of dentistry, a dental specialty, or
	1639	+	3 dental hygiene at least equal to that now maintained in this
	1640	+	4 State, or if the requirements for licensure in such state or
	1641	+	5 territory in which the applicant was licensed were, at the
	1642	+	6 date of the applicant's his or her licensure, substantially
	1643	+	7 equivalent to the requirements then in force in this State,
	1644	+	8 and who has been lawfully engaged in the practice of dentistry
	1645	+	9 or dental hygiene for at least 2 years immediately preceding
	1646	+	10 the filing of the his or her application to practice in this
	1647	+	11 State and who shall deposit with the Department a duly
	1648	+	12 attested certificate from the Board of the state or territory
	1649	+	13 in which the person he or she is licensed, certifying to the
	1650	+	14 fact of the person's his or her licensing and of the person his
	1651	+	15 or her being a person of good moral character may, upon payment
	1652	+	16 of the required fee, be granted a license to practice
	1653	+	17 dentistry, a dental specialty, or dental hygiene in this
	1654	+	18 State, as the case may be.
	1655	+	19 For the purposes of this Section, "substantially
	1656	+	20 equivalent" means that the applicant has presented evidence of
	1657	+	21 completion and graduation from an American Dental Association
	1658	+	22 accredited dental college or school in the United States or
	1659	+	23 Canada, presented evidence that the applicant has passed both
	1660	+	24 parts of the National Board Dental Examination, and
	1661	+	25 successfully completed an examination conducted by a regional
	1662	+	26 testing service.
	1663	+
	1664	+
	1665	+
	1666	+
	1667	+
	1668	+	HB1805 - 46 - LRB104 07526 AAS 17570 b
	1669	+
	1670	+
	1671	+	HB1805- 47 -LRB104 07526 AAS 17570 b HB1805 - 47 - LRB104 07526 AAS 17570 b
	1672	+	HB1805 - 47 - LRB104 07526 AAS 17570 b
	1673	+	1 Applicants have 3 years from the date of application to
	1674	+	2 complete the application process. If the process has not been
	1675	+	3 completed in 3 years, the application shall be denied, the fee
	1676	+	4 forfeited and the applicant must reapply and meet the
	1677	+	5 requirements in effect at the time of reapplication.
	1678	+	6 (Source: P.A. 103-425, eff. 1-1-24.)
	1679	+	7 (225 ILCS 25/19.2)
	1680	+	8 (Section scheduled to be repealed on January 1, 2026)
	1681	+	9 Sec. 19.2. Temporary permit for free dental care.
	1682	+	10 (a) Upon Board recommendation, the Department may issue a
	1683	+	11 temporary permit authorizing the practice in this State,
	1684	+	12 without compensation, of dentistry to an applicant who is
	1685	+	13 licensed to practice dentistry in another state, if all of the
	1686	+	14 following apply:
	1687	+	15 (1) the Department determines that the applicant's
	1688	+	16 services will improve the welfare of Illinois residents
	1689	+	17 who are eligible for Medicaid or who are uninsured and
	1690	+	18 whose household income is not greater than 200% of the
	1691	+	19 federal poverty level;
	1692	+	20 (2) the applicant has graduated from a dental program
	1693	+	21 approved by the American Dental Association's Commission
	1694	+	22 on Dental Accreditation and maintains an equivalent
	1695	+	23 authorization to practice dentistry in good standing in
	1696	+	24 the applicant's his or her native licensing jurisdiction
	1697	+	25 during the period of the temporary visiting dentist permit
	1698	+
	1699	+
	1700	+
	1701	+
	1702	+
	1703	+	HB1805 - 47 - LRB104 07526 AAS 17570 b
	1704	+
	1705	+
	1706	+	HB1805- 48 -LRB104 07526 AAS 17570 b HB1805 - 48 - LRB104 07526 AAS 17570 b
	1707	+	HB1805 - 48 - LRB104 07526 AAS 17570 b
	1708	+	1 and can furnish the Department a certified letter upon
	1709	+	2 request from that jurisdiction attesting to the fact that
	1710	+	3 the applicant has no pending action or violations against
	1711	+	4 the applicant's his or her license;
	1712	+	5 (3) the applicant has received an invitation to
	1713	+	6 perform dental care by a charitable organization or has
	1714	+	7 received an invitation to study or receive training on
	1715	+	8 specific dental or clinical subjects or techniques by a
	1716	+	9 licensed continuing education sponsor who is approved by
	1717	+	10 the Department to provide clinical training in the State
	1718	+	11 of Illinois on patients for the welfare of Illinois
	1719	+	12 residents pursuant to subsection (a-5) and is in
	1720	+	13 compliance with the provisions of this Act;
	1721	+	14 (4) the applicant will be working pursuant to a
	1722	+	15 collaborative agreement with and under the direct
	1723	+	16 supervision of an Illinois licensed dentist, who is in
	1724	+	17 good standing, during the duration of the program. The
	1725	+	18 supervising dentist must be physically present during all
	1726	+	19 clinical training courses; and
	1727	+	20 (5) payment of a fee established by rule.
	1728	+	21 The Department may adopt rules to implement this
	1729	+	22 subsection.
	1730	+	23 (a-5) Upon Board recommendation, after the filing of an
	1731	+	24 application, the Department may allow approved continuing
	1732	+	25 education sponsors to be licensed to provide live patient
	1733	+	26 continuing education clinical training courses if the
	1734	+
	1735	+
	1736	+
	1737	+
	1738	+
	1739	+	HB1805 - 48 - LRB104 07526 AAS 17570 b
	1740	+
	1741	+
	1742	+	HB1805- 49 -LRB104 07526 AAS 17570 b HB1805 - 49 - LRB104 07526 AAS 17570 b
	1743	+	HB1805 - 49 - LRB104 07526 AAS 17570 b
	1744	+	1 following requirements are met:
	1745	+	2 (1) the continuing education course provides services,
	1746	+	3 without compensation, that will improve the welfare of
	1747	+	4 Illinois residents as described in paragraph (1) of
	1748	+	5 subsection (a). The application to the Board must include
	1749	+	6 the following information for review and approval by the
	1750	+	7 Department:
	1751	+	8 (i) a plan of follow-up care and training models;
	1752	+	9 (ii) any and all documentation to be signed by the
	1753	+	10 patients, including, but not limited to, waivers,
	1754	+	11 consent forms, and releases;
	1755	+	12 (iii) information related to the facilities being
	1756	+	13 utilized, staffing plans, and emergency plans;
	1757	+	14 (iv) the process by which patients will be
	1758	+	15 contacted before, during, and after treatment;
	1759	+	16 (v) the intended population that will be receiving
	1760	+	17 treatment; and
	1761	+	18 (vi) proof of valid malpractice insurance for the
	1762	+	19 approved continuing education sponsor that extends
	1763	+	20 coverage to clinical staff, trainees, and out-of-state
	1764	+	21 permit holders that meet the requirements of
	1765	+	22 subsection (a);
	1766	+	23 (2) a valid written collaborative agreement must exist
	1767	+	24 between the temporary visiting dentist and the Illinois
	1768	+	25 licensed dentist co-treating patients under this Section.
	1769	+	26 The collaborative agreement must include a description of
	1770	+
	1771	+
	1772	+
	1773	+
	1774	+
	1775	+	HB1805 - 49 - LRB104 07526 AAS 17570 b
	1776	+
	1777	+
	1778	+	HB1805- 50 -LRB104 07526 AAS 17570 b HB1805 - 50 - LRB104 07526 AAS 17570 b
	1779	+	HB1805 - 50 - LRB104 07526 AAS 17570 b
	1780	+	1 the care to be provided and procedures to be performed by
	1781	+	2 the temporary visiting dentist. There shall be no more
	1782	+	3 than 5 trainees per supervising dentist. A copy of this
	1783	+	4 agreement shall become part of the patient's dental record
	1784	+	5 and shall be made available upon request to the
	1785	+	6 Department; and
	1786	+	7 (3) payment of a fee established by rule.
	1787	+	8 A continuing education sponsor license issued under this
	1788	+	9 Section shall be valid for a period of time as provided by
	1789	+	10 rule.
	1790	+	11 The Department shall adopt rules to implement this
	1791	+	12 subsection.
	1792	+	13 (b) (Blank).
	1793	+	14 (c) A temporary permit shall be valid for no longer than 5
	1794	+	15 consecutive clinical days within 6 months from the date of
	1795	+	16 issuance. The temporary permit may be issued once per year to a
	1796	+	17 visiting dentist. Temporary permits under subsection (a) may
	1797	+	18 be restored no more than one time within 5 years of the initial
	1798	+	19 permits issuance. The Department may require an applicant to
	1799	+	20 pay a fee for the issuance or restoration of a permit under
	1800	+	21 this Section.
	1801	+	22 (d) (Blank).
	1802	+	23 (e) The temporary permit shall only permit the holder to
	1803	+	24 practice dentistry within the scope of the dental studies and
	1804	+	25 in conjunction with one of the following:
	1805	+	26 (1) the charitable organization; or
	1806	+
	1807	+
	1808	+
	1809	+
	1810	+
	1811	+	HB1805 - 50 - LRB104 07526 AAS 17570 b
	1812	+
	1813	+
	1814	+	HB1805- 51 -LRB104 07526 AAS 17570 b HB1805 - 51 - LRB104 07526 AAS 17570 b
	1815	+	HB1805 - 51 - LRB104 07526 AAS 17570 b
	1816	+	1 (2) a continuing education program provided by a
	1817	+	2 continuing education sponsor approved by the Department
	1818	+	3 pursuant to this Section that the permit holder is
	1819	+	4 attending.
	1820	+	5 (f) The temporary visiting dentist may not administer
	1821	+	6 moderate sedation, deep sedation, or general anesthesia.
	1822	+	7 (g) A patient who seeks treatment from a temporary
	1823	+	8 visiting dentist must sign a consent form acknowledging that
	1824	+	9 the care the patient will receive will be provided by a dentist
	1825	+	10 not licensed in the State of Illinois and that the Illinois
	1826	+	11 licensed dentist who has the collaborative agreement with the
	1827	+	12 temporary visiting dentist will be responsible for all the
	1828	+	13 follow-up care associated with the treatment rendered to the
	1829	+	14 patient.
	1830	+	15 (h) An application for the temporary permit shall be made
	1831	+	16 to the Department in writing on forms prescribed by the
	1832	+	17 Department and shall be accompanied by a nonrefundable fee
	1833	+	18 established by rule.
	1834	+	19 (i) An applicant for a temporary permit may be requested
	1835	+	20 to appear before the Board to respond to questions concerning
	1836	+	21 the applicant's qualifications to receive the permit. An
	1837	+	22 applicant's refusal to appear before the Board may be grounds
	1838	+	23 for denial of the application by the Department.
	1839	+	24 (j) The Secretary may summarily cancel any permit or
	1840	+	25 license issued pursuant to this Section without a hearing if
	1841	+	26 the Secretary finds that evidence in the Secretary's his or
	1842	+
	1843	+
	1844	+
	1845	+
	1846	+
	1847	+	HB1805 - 51 - LRB104 07526 AAS 17570 b
	1848	+
	1849	+
	1850	+	HB1805- 52 -LRB104 07526 AAS 17570 b HB1805 - 52 - LRB104 07526 AAS 17570 b
	1851	+	HB1805 - 52 - LRB104 07526 AAS 17570 b
	1852	+	1 her possession indicates that a continuing education sponsor
	1853	+	2 licensed under this Section or a temporary permit holder's
	1854	+	3 continuation in practice would constitute an imminent danger
	1855	+	4 to the public or violate any provision of this Act or its
	1856	+	5 rules. If the Secretary summarily cancels a permit or license
	1857	+	6 issued pursuant to this Section, the permit holder or licensee
	1858	+	7 may petition the Department for a hearing in accordance with
	1859	+	8 the provisions of subsection (b) of Section 26 of this Act to
	1860	+	9 reinstate the his or her permit or license.
	1861	+	10 (k) In addition to terminating any permit or license
	1862	+	11 issued pursuant to this Section, the Department may impose a
	1863	+	12 monetary penalty not to exceed $10,000 upon the temporary
	1864	+	13 permit holder or licensee and may notify any state in which the
	1865	+	14 temporary permit holder or licensee has been issued a license
	1866	+	15 that the his or her Illinois permit or license has been
	1867	+	16 terminated and the reasons for the termination. The monetary
	1868	+	17 penalty shall be paid within 60 days after the effective date
	1869	+	18 of the order imposing the penalty. The order shall constitute
	1870	+	19 a judgment and may be filed and execution had thereon in the
	1871	+	20 same manner as any judgment from any court of record. It is the
	1872	+	21 intent of the General Assembly that a permit or license issued
	1873	+	22 pursuant to this Section shall be considered a privilege and
	1874	+	23 not a property right.
	1875	+	24 (Source: P.A. 102-582, eff. 1-1-22; 103-628, eff. 7-1-24.)
	1876	+	25 (225 ILCS 25/20) (from Ch. 111, par. 2320)
	1877	+
	1878	+
	1879	+
	1880	+
	1881	+
	1882	+	HB1805 - 52 - LRB104 07526 AAS 17570 b
	1883	+
	1884	+
	1885	+	HB1805- 53 -LRB104 07526 AAS 17570 b HB1805 - 53 - LRB104 07526 AAS 17570 b
	1886	+	HB1805 - 53 - LRB104 07526 AAS 17570 b
	1887	+	1 (Section scheduled to be repealed on January 1, 2026)
	1888	+	2 Sec. 20. Display of licenses. Any person licensed to
	1889	+	3 practice dentistry or dental hygiene in this State by the
	1890	+	4 Department as hereinbefore provided, shall at all times
	1891	+	5 display such license or duplicate original thereof in a
	1892	+	6 conspicuous place, in the person's his or her office wherein
	1893	+	7 the person he or she shall practice such profession, and shall
	1894	+	8 further, whenever requested, exhibit such license to any of
	1895	+	9 the members of the Department or its authorized agent. Upon
	1896	+	10 proof by affidavit, the Department shall provide a duplicate
	1897	+	11 if such person establishes that the person's his or her
	1898	+	12 license is lost or stolen or that the person he or she
	1899	+	13 practices at multiple locations.
	1900	+	14 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
	1901	+	15 (225 ILCS 25/22) (from Ch. 111, par. 2322)
	1902	+	16 (Section scheduled to be repealed on January 1, 2026)
	1903	+	17 Sec. 22. Returned checks; penalties. Any person who
	1904	+	18 delivers a check or other payment to the Department that is
	1905	+	19 returned to the Department unpaid by the financial institution
	1906	+	20 upon which it is drawn shall pay to the Department, in addition
	1907	+	21 to the amount already owed to the Department, a fine of $50.
	1908	+	22 The fines imposed by this Section are in addition to any other
	1909	+	23 discipline provided under this Act for unlicensed practice or
	1910	+	24 practice on a nonrenewed license. The Department shall notify
	1911	+	25 the person that payment of fees and fines shall be paid to the
	1912	+
	1913	+
	1914	+
	1915	+
	1916	+
	1917	+	HB1805 - 53 - LRB104 07526 AAS 17570 b
	1918	+
	1919	+
	1920	+	HB1805- 54 -LRB104 07526 AAS 17570 b HB1805 - 54 - LRB104 07526 AAS 17570 b
	1921	+	HB1805 - 54 - LRB104 07526 AAS 17570 b
	1922	+	1 Department by certified check or money order within 30
	1923	+	2 calendar days of the notification. If, after the expiration of
	1924	+	3 30 days from the date of the notification, the person has
	1925	+	4 failed to submit the necessary remittance, the Department
	1926	+	5 shall automatically terminate the license or deny the
	1927	+	6 application, without hearing. If, after termination or denial,
	1928	+	7 the person seeks a license, the person he or she shall apply to
	1929	+	8 the Department for restoration or issuance of the license and
	1930	+	9 pay all fees and fines due to the Department. The Department
	1931	+	10 may establish a fee for the processing of an application for
	1932	+	11 restoration of a license to pay all expenses of processing
	1933	+	12 this application. The Secretary may waive the fines due under
	1934	+	13 this Section in individual cases where the Secretary finds
	1935	+	14 that the fines would be unreasonable or unnecessarily
	1936	+	15 burdensome.
	1937	+	16 (Source: P.A. 97-1013, eff. 8-17-12.)
	1938	+	17 (225 ILCS 25/23) (from Ch. 111, par. 2323)
	1939	+	18 (Section scheduled to be repealed on January 1, 2026)
	1940	+	19 Sec. 23. Refusal, revocation or suspension of dental
	1941	+	20 licenses. The Department may refuse to issue or renew, or may
	1942	+	21 revoke, suspend, place on probation, reprimand or take other
	1943	+	22 disciplinary or non-disciplinary action as the Department may
	1944	+	23 deem proper, including imposing fines not to exceed $10,000
	1945	+	24 per violation, with regard to any license for any one or any
	1946	+	25 combination of the following causes:
	1947	+
	1948	+
	1949	+
	1950	+
	1951	+
	1952	+	HB1805 - 54 - LRB104 07526 AAS 17570 b
	1953	+
	1954	+
	1955	+	HB1805- 55 -LRB104 07526 AAS 17570 b HB1805 - 55 - LRB104 07526 AAS 17570 b
	1956	+	HB1805 - 55 - LRB104 07526 AAS 17570 b
	1957	+	1 1. Fraud, or misrepresentation, or concealment in
	1958	+	2 applying for or procuring a license under this Act, or in
	1959	+	3 connection with applying for renewal of a license under
	1960	+	4 this Act.
	1961	+	5 2. Inability to practice with reasonable judgment,
	1962	+	6 skill, or safety as a result of habitual or excessive use
	1963	+	7 or addiction to alcohol, narcotics, stimulants, or any
	1964	+	8 other chemical agent or drug.
	1965	+	9 3. Willful or repeated violations of the rules of the
	1966	+	10 Department of Public Health or Department of Nuclear
	1967	+	11 Safety.
	1968	+	12 4. Acceptance of a fee for service as a witness,
	1969	+	13 without the knowledge of the court, in addition to the fee
	1970	+	14 allowed by the court.
	1971	+	15 5. Division of fees or agreeing to split or divide the
	1972	+	16 fees received for dental services with any person for
	1973	+	17 bringing or referring a patient, except in regard to
	1974	+	18 referral services as provided for under Section 45, or
	1975	+	19 assisting in the care or treatment of a patient, without
	1976	+	20 the knowledge of the patient or the patient's his or her
	1977	+	21 legal representative. Nothing in this item 5 affects any
	1978	+	22 bona fide independent contractor or employment
	1979	+	23 arrangements among health care professionals, health
	1980	+	24 facilities, health care providers, or other entities,
	1981	+	25 except as otherwise prohibited by law. Any employment
	1982	+	26 arrangements may include provisions for compensation,
	1983	+
	1984	+
	1985	+
	1986	+
	1987	+
	1988	+	HB1805 - 55 - LRB104 07526 AAS 17570 b
	1989	+
	1990	+
	1991	+	HB1805- 56 -LRB104 07526 AAS 17570 b HB1805 - 56 - LRB104 07526 AAS 17570 b
	1992	+	HB1805 - 56 - LRB104 07526 AAS 17570 b
	1993	+	1 health insurance, pension, or other employment benefits
	1994	+	2 for the provision of services within the scope of the
	1995	+	3 licensee's practice under this Act. Nothing in this item 5
	1996	+	4 shall be construed to require an employment arrangement to
	1997	+	5 receive professional fees for services rendered.
	1998	+	6 6. Employing, procuring, inducing, aiding or abetting
	1999	+	7 a person not licensed or registered as a dentist or dental
	2000	+	8 hygienist to engage in the practice of dentistry or dental
	2001	+	9 hygiene. The person practiced upon is not an accomplice,
	2002	+	10 employer, procurer, inducer, aider, or abetter within the
	2003	+	11 meaning of this Act.
	2004	+	12 7. Making any misrepresentations or false promises,
	2005	+	13 directly or indirectly, to influence, persuade or induce
	2006	+	14 dental patronage.
	2007	+	15 8. Professional connection or association with or
	2008	+	16 lending the licensee's his or her name to another for the
	2009	+	17 illegal practice of dentistry by another, or professional
	2010	+	18 connection or association with any person, firm or
	2011	+	19 corporation holding himself, herself, themselves, or
	2012	+	20 itself out in any manner contrary to this Act.
	2013	+	21 9. Obtaining or seeking to obtain practice, money, or
	2014	+	22 any other things of value by false or fraudulent
	2015	+	23 representations, but not limited to, engaging in such
	2016	+	24 fraudulent practice to defraud the medical assistance
	2017	+	25 program of the Department of Healthcare and Family
	2018	+	26 Services (formerly Department of Public Aid) under the
	2019	+
	2020	+
	2021	+
	2022	+
	2023	+
	2024	+	HB1805 - 56 - LRB104 07526 AAS 17570 b
	2025	+
	2026	+
	2027	+	HB1805- 57 -LRB104 07526 AAS 17570 b HB1805 - 57 - LRB104 07526 AAS 17570 b
	2028	+	HB1805 - 57 - LRB104 07526 AAS 17570 b
	2029	+	1 Illinois Public Aid Code.
	2030	+	2 10. Practicing under a false or, except as provided by
	2031	+	3 law, an assumed name.
	2032	+	4 11. Engaging in dishonorable, unethical, or
	2033	+	5 unprofessional conduct of a character likely to deceive,
	2034	+	6 defraud, or harm the public.
	2035	+	7 12. Conviction by plea of guilty or nolo contendere,
	2036	+	8 finding of guilt, jury verdict, or entry of judgment or by
	2037	+	9 sentencing for any crime, including, but not limited to,
	2038	+	10 convictions, preceding sentences of supervision,
	2039	+	11 conditional discharge, or first offender probation, under
	2040	+	12 the laws of any jurisdiction of the United States that (i)
	2041	+	13 is a felony under the laws of this State or (ii) is a
	2042	+	14 misdemeanor, an essential element of which is dishonesty,
	2043	+	15 or that is directly related to the practice of dentistry.
	2044	+	16 13. Permitting a dental hygienist, dental assistant or
	2045	+	17 other person under the licensee's his or her supervision
	2046	+	18 to perform any operation not authorized by this Act.
	2047	+	19 14. Permitting more than 4 dental hygienists to be
	2048	+	20 employed under the licensee's his or her supervision at
	2049	+	21 any one time.
	2050	+	22 15. A violation of any provision of this Act or any
	2051	+	23 rules promulgated under this Act.
	2052	+	24 16. Taking impressions for or using the services of
	2053	+	25 any person, firm or corporation violating this Act.
	2054	+	26 17. Violating any provision of Section 45 relating to
	2055	+
	2056	+
	2057	+
	2058	+
	2059	+
	2060	+	HB1805 - 57 - LRB104 07526 AAS 17570 b
	2061	+
	2062	+
	2063	+	HB1805- 58 -LRB104 07526 AAS 17570 b HB1805 - 58 - LRB104 07526 AAS 17570 b
	2064	+	HB1805 - 58 - LRB104 07526 AAS 17570 b
	2065	+	1 advertising.
	2066	+	2 18. Discipline by another U.S. jurisdiction or foreign
	2067	+	3 nation, if at least one of the grounds for the discipline
	2068	+	4 is the same or substantially equivalent to those set forth
	2069	+	5 within this Act.
	2070	+	6 19. Willfully failing to report an instance of
	2071	+	7 suspected child abuse or neglect as required by the Abused
	2072	+	8 and Neglected Child Reporting Act.
	2073	+	9 20. Gross negligence in practice under this Act.
	2074	+	10 21. The use or prescription for use of narcotics or
	2075	+	11 controlled substances or designated products as listed in
	2076	+	12 the Illinois Controlled Substances Act, in any way other
	2077	+	13 than for therapeutic purposes.
	2078	+	14 22. Willfully making or filing false records or
	2079	+	15 reports in the licensee's his or her practice as a
	2080	+	16 dentist, including, but not limited to, false records to
	2081	+	17 support claims against the dental assistance program of
	2082	+	18 the Department of Healthcare and Family Services (formerly
	2083	+	19 Illinois Department of Public Aid).
	2084	+	20 23. Professional incompetence as manifested by poor
	2085	+	21 standards of care.
	2086	+	22 24. Physical or mental illness, including, but not
	2087	+	23 limited to, deterioration through the aging process, or
	2088	+	24 loss of motor skills which results in a dentist's
	2089	+	25 inability to practice dentistry with reasonable judgment,
	2090	+	26 skill or safety. In enforcing this paragraph, the
	2091	+
	2092	+
	2093	+
	2094	+
	2095	+
	2096	+	HB1805 - 58 - LRB104 07526 AAS 17570 b
	2097	+
	2098	+
	2099	+	HB1805- 59 -LRB104 07526 AAS 17570 b HB1805 - 59 - LRB104 07526 AAS 17570 b
	2100	+	HB1805 - 59 - LRB104 07526 AAS 17570 b
	2101	+	1 Department may compel a person licensed to practice under
	2102	+	2 this Act to submit to a mental or physical examination
	2103	+	3 pursuant to the terms and conditions of Section 23b.
	2104	+	4 25. Gross or repeated irregularities in billing for
	2105	+	5 services rendered to a patient. For purposes of this
	2106	+	6 paragraph 25, "irregularities in billing" shall include:
	2107	+	7 (a) Reporting excessive charges for the purpose of
	2108	+	8 obtaining a total payment in excess of that usually
	2109	+	9 received by the dentist for the services rendered.
	2110	+	10 (b) Reporting charges for services not rendered.
	2111	+	11 (c) Incorrectly reporting services rendered for
	2112	+	12 the purpose of obtaining payment not earned.
	2113	+	13 26. Continuing the active practice of dentistry while
	2114	+	14 knowingly having any infectious, communicable, or
	2115	+	15 contagious disease proscribed by rule or regulation of the
	2116	+	16 Department.
	2117	+	17 27. Being named as a perpetrator in an indicated
	2118	+	18 report by the Department of Children and Family Services
	2119	+	19 pursuant to the Abused and Neglected Child Reporting Act,
	2120	+	20 and upon proof by clear and convincing evidence that the
	2121	+	21 licensee has caused a child to be an abused child or
	2122	+	22 neglected child as defined in the Abused and Neglected
	2123	+	23 Child Reporting Act.
	2124	+	24 28. Violating the Health Care Worker Self-Referral
	2125	+	25 Act.
	2126	+	26 29. Abandonment of a patient.
	2127	+
	2128	+
	2129	+
	2130	+
	2131	+
	2132	+	HB1805 - 59 - LRB104 07526 AAS 17570 b
	2133	+
	2134	+
	2135	+	HB1805- 60 -LRB104 07526 AAS 17570 b HB1805 - 60 - LRB104 07526 AAS 17570 b
	2136	+	HB1805 - 60 - LRB104 07526 AAS 17570 b
	2137	+	1 30. Mental incompetency as declared by a court of
	2138	+	2 competent jurisdiction.
	2139	+	3 31. A finding by the Department that the licensee,
	2140	+	4 after having the licensee's his or her license placed on
	2141	+	5 probationary status, has violated the terms of probation.
	2142	+	6 32. Material misstatement in furnishing information to
	2143	+	7 the Department.
	2144	+	8 33. Failing, within 60 days, to provide information in
	2145	+	9 response to a written request by the Department in the
	2146	+	10 course of an investigation.
	2147	+	11 34. Immoral conduct in the commission of any act,
	2148	+	12 including, but not limited to, commission of an act of
	2149	+	13 sexual misconduct related to the licensee's practice.
	2150	+	14 35. Cheating on or attempting to subvert the licensing
	2151	+	15 examination administered under this Act.
	2152	+	16 36. A pattern of practice or other behavior that
	2153	+	17 demonstrates incapacity or incompetence to practice under
	2154	+	18 this Act.
	2155	+	19 37. Failure to establish and maintain records of
	2156	+	20 patient care and treatment as required under this Act.
	2157	+	21 38. Failure to provide copies of dental records as
	2158	+	22 required by law.
	2159	+	23 39. Failure of a licensed dentist who owns or is
	2160	+	24 employed at a dental office to give notice of an office
	2161	+	25 closure to the dentist's his or her patients at least 30
	2162	+	26 days prior to the office closure pursuant to Section 50.1.
	2163	+
	2164	+
	2165	+
	2166	+
	2167	+
	2168	+	HB1805 - 60 - LRB104 07526 AAS 17570 b
	2169	+
	2170	+
	2171	+	HB1805- 61 -LRB104 07526 AAS 17570 b HB1805 - 61 - LRB104 07526 AAS 17570 b
	2172	+	HB1805 - 61 - LRB104 07526 AAS 17570 b
	2173	+	1 40. Failure to maintain a sanitary work environment.
	2174	+	2 41. Failure to comply with the provisions of Section
	2175	+	3 17.2 of this Act.
	2176	+	4 All proceedings to suspend, revoke, place on probationary
	2177	+	5 status, or take any other disciplinary action as the
	2178	+	6 Department may deem proper, with regard to a license on any of
	2179	+	7 the foregoing grounds, must be commenced within 5 years after
	2180	+	8 receipt by the Department of a complaint alleging the
	2181	+	9 commission of or notice of the conviction order for any of the
	2182	+	10 acts described herein. Except for fraud in procuring a
	2183	+	11 license, no action shall be commenced more than 7 years after
	2184	+	12 the date of the incident or act alleged to have violated this
	2185	+	13 Section. The time during which the holder of the license was
	2186	+	14 outside the State of Illinois shall not be included within any
	2187	+	15 period of time limiting the commencement of disciplinary
	2188	+	16 action by the Department.
	2189	+	17 All fines imposed under this Section shall be paid within
	2190	+	18 60 days after the effective date of the order imposing the fine
	2191	+	19 or in accordance with the terms set forth in the order imposing
	2192	+	20 the fine.
	2193	+	21 The Department may refuse to issue or may suspend the
	2194	+	22 license of any person who fails to file a return, or to pay the
	2195	+	23 tax, penalty or interest shown in a filed return, or to pay any
	2196	+	24 final assessment of tax, penalty or interest, as required by
	2197	+	25 any tax Act administered by the Illinois Department of
	2198	+	26 Revenue, until such time as the requirements of any such tax
	2199	+
	2200	+
	2201	+
	2202	+
	2203	+
	2204	+	HB1805 - 61 - LRB104 07526 AAS 17570 b
	2205	+
	2206	+
	2207	+	HB1805- 62 -LRB104 07526 AAS 17570 b HB1805 - 62 - LRB104 07526 AAS 17570 b
	2208	+	HB1805 - 62 - LRB104 07526 AAS 17570 b
	2209	+	1 Act are satisfied.
	2210	+	2 Any dentist who has had a his or her license suspended or
	2211	+	3 revoked for more than 5 years must comply with the
	2212	+	4 requirements for restoration set forth in Section 16 prior to
	2213	+	5 being eligible for reinstatement from the suspension or
	2214	+	6 revocation.
	2215	+	7 (Source: P.A. 103-425, eff. 1-1-24; 103-902, eff. 8-9-24.)
	2216	+	8 (225 ILCS 25/23a) (from Ch. 111, par. 2323a)
	2217	+	9 (Section scheduled to be repealed on January 1, 2026)
	2218	+	10 Sec. 23a. The Secretary may, upon receipt of a written
	2219	+	11 communication from the Secretary of Human Services or the
	2220	+	12 Director of the Department of Healthcare and Family Services
	2221	+	13 (formerly Department of Public Aid) or Department of Public
	2222	+	14 Health, that continuation of practice of a person licensed
	2223	+	15 under this Act constitutes an immediate danger to the public,
	2224	+	16 immediately suspend the license of such person without a
	2225	+	17 hearing. In instances in which the Secretary immediately
	2226	+	18 suspends a license under this Section, a hearing upon such
	2227	+	19 person's license must be convened by the Board within 15 days
	2228	+	20 after such suspension and completed without appreciable delay,
	2229	+	21 such hearing held to determine whether to recommend to the
	2230	+	22 Secretary that the person's license be revoked, suspended,
	2231	+	23 placed on probationary status or reinstated, or such person be
	2232	+	24 subject to other disciplinary action. In such hearing, the
	2233	+	25 written communication and any other evidence submitted
	2234	+
	2235	+
	2236	+
	2237	+
	2238	+
	2239	+	HB1805 - 62 - LRB104 07526 AAS 17570 b
	2240	+
	2241	+
	2242	+	HB1805- 63 -LRB104 07526 AAS 17570 b HB1805 - 63 - LRB104 07526 AAS 17570 b
	2243	+	HB1805 - 63 - LRB104 07526 AAS 17570 b
	2244	+	1 therewith may be introduced as evidence against such person;
	2245	+	2 provided however, the person, or the person's his or her
	2246	+	3 counsel, shall have the opportunity to discredit or impeach
	2247	+	4 such evidence and submit evidence rebutting same.
	2248	+	5 (Source: P.A. 97-1013, eff. 8-17-12.)
	2249	+	6 (225 ILCS 25/23b)
1680	2250		7 (Section scheduled to be repealed on January 1, 2026)
1681		-	8 Sec. 19.2. Temporary permit for free dental care.
1682		-	9 (a) Upon Board recommendation, the Department may issue a
1683		-	10 temporary permit authorizing the practice in this State,
1684		-	11 without compensation, of dentistry to an applicant who is
1685		-	12 licensed to practice dentistry in another state, if all of the
1686		-	13 following apply:
1687		-	14 (1) the Department determines that the applicant's
1688		-	15 services will improve the welfare of Illinois residents
1689		-	16 who are eligible for Medicaid or who are uninsured and
1690		-	17 whose household income is not greater than 200% of the
1691		-	18 federal poverty level;
1692		-	19 (2) the applicant has graduated from a dental program
1693		-	20 approved by the American Dental Association's Commission
1694		-	21 on Dental Accreditation and maintains an equivalent
1695		-	22 authorization to practice dentistry in good standing in
1696		-	23 the applicant's his or her native licensing jurisdiction
1697		-	24 during the period of the temporary visiting dentist permit
1698		-	25 and can furnish the Department a certified letter upon
1699		-
1700		-
1701		-
1702		-
1703		-
1704		-	HB1805 Engrossed - 48 - LRB104 07526 AAS 17570 b
1705		-
1706		-
1707		-	HB1805 Engrossed- 49 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 49 - LRB104 07526 AAS 17570 b
1708		-	HB1805 Engrossed - 49 - LRB104 07526 AAS 17570 b
1709		-	1 request from that jurisdiction attesting to the fact that
1710		-	2 the applicant has no pending action or violations against
1711		-	3 the applicant's his or her license;
1712		-	4 (3) the applicant has received an invitation to
1713		-	5 perform dental care by a charitable organization or has
1714		-	6 received an invitation to study or receive training on
1715		-	7 specific dental or clinical subjects or techniques by a
1716		-	8 licensed continuing education sponsor who is approved by
1717		-	9 the Department to provide clinical training in the State
1718		-	10 of Illinois on patients for the welfare of Illinois
1719		-	11 residents pursuant to subsection (a-5) and is in
1720		-	12 compliance with the provisions of this Act;
1721		-	13 (4) the applicant will be working pursuant to a
1722		-	14 collaborative agreement with and under the direct
1723		-	15 supervision of an Illinois licensed dentist, who is in
1724		-	16 good standing, during the duration of the program. The
1725		-	17 supervising dentist must be physically present during all
1726		-	18 clinical training courses; and
1727		-	19 (5) payment of a fee established by rule.
1728		-	20 The Department may adopt rules to implement this
1729		-	21 subsection.
1730		-	22 (a-5) Upon Board recommendation, after the filing of an
1731		-	23 application, the Department may allow approved continuing
1732		-	24 education sponsors to be licensed to provide live patient
1733		-	25 continuing education clinical training courses if the
1734		-	26 following requirements are met:
1735		-
1736		-
1737		-
1738		-
1739		-
1740		-	HB1805 Engrossed - 49 - LRB104 07526 AAS 17570 b
1741		-
1742		-
1743		-	HB1805 Engrossed- 50 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 50 - LRB104 07526 AAS 17570 b
1744		-	HB1805 Engrossed - 50 - LRB104 07526 AAS 17570 b
1745		-	1 (1) the continuing education course provides services,
1746		-	2 without compensation, that will improve the welfare of
1747		-	3 Illinois residents as described in paragraph (1) of
1748		-	4 subsection (a). The application to the Board must include
1749		-	5 the following information for review and approval by the
1750		-	6 Department:
1751		-	7 (i) a plan of follow-up care and training models;
1752		-	8 (ii) any and all documentation to be signed by the
1753		-	9 patients, including, but not limited to, waivers,
1754		-	10 consent forms, and releases;
1755		-	11 (iii) information related to the facilities being
1756		-	12 utilized, staffing plans, and emergency plans;
1757		-	13 (iv) the process by which patients will be
1758		-	14 contacted before, during, and after treatment;
1759		-	15 (v) the intended population that will be receiving
1760		-	16 treatment; and
1761		-	17 (vi) proof of valid malpractice insurance for the
1762		-	18 approved continuing education sponsor that extends
1763		-	19 coverage to clinical staff, trainees, and out-of-state
1764		-	20 permit holders that meet the requirements of
1765		-	21 subsection (a);
1766		-	22 (2) a valid written collaborative agreement must exist
1767		-	23 between the temporary visiting dentist and the Illinois
1768		-	24 licensed dentist co-treating patients under this Section.
1769		-	25 The collaborative agreement must include a description of
1770		-	26 the care to be provided and procedures to be performed by
1771		-
1772		-
1773		-
1774		-
1775		-
1776		-	HB1805 Engrossed - 50 - LRB104 07526 AAS 17570 b
1777		-
1778		-
1779		-	HB1805 Engrossed- 51 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 51 - LRB104 07526 AAS 17570 b
1780		-	HB1805 Engrossed - 51 - LRB104 07526 AAS 17570 b
1781		-	1 the temporary visiting dentist. There shall be no more
1782		-	2 than 5 trainees per supervising dentist. A copy of this
1783		-	3 agreement shall become part of the patient's dental record
1784		-	4 and shall be made available upon request to the
1785		-	5 Department; and
1786		-	6 (3) payment of a fee established by rule.
1787		-	7 A continuing education sponsor license issued under this
1788		-	8 Section shall be valid for a period of time as provided by
1789		-	9 rule.
1790		-	10 The Department shall adopt rules to implement this
1791		-	11 subsection.
1792		-	12 (b) (Blank).
1793		-	13 (c) A temporary permit shall be valid for no longer than 5
1794		-	14 consecutive clinical days within 6 months from the date of
1795		-	15 issuance. The temporary permit may be issued once per year to a
1796		-	16 visiting dentist. Temporary permits under subsection (a) may
1797		-	17 be restored no more than one time within 5 years of the initial
1798		-	18 permits issuance. The Department may require an applicant to
1799		-	19 pay a fee for the issuance or restoration of a permit under
1800		-	20 this Section.
1801		-	21 (d) (Blank).
1802		-	22 (e) The temporary permit shall only permit the holder to
1803		-	23 practice dentistry within the scope of the dental studies and
1804		-	24 in conjunction with one of the following:
1805		-	25 (1) the charitable organization; or
1806		-	26 (2) a continuing education program provided by a
1807		-
1808		-
1809		-
1810		-
1811		-
1812		-	HB1805 Engrossed - 51 - LRB104 07526 AAS 17570 b
1813		-
1814		-
1815		-	HB1805 Engrossed- 52 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 52 - LRB104 07526 AAS 17570 b
1816		-	HB1805 Engrossed - 52 - LRB104 07526 AAS 17570 b
1817		-	1 continuing education sponsor approved by the Department
1818		-	2 pursuant to this Section that the permit holder is
1819		-	3 attending.
1820		-	4 (f) The temporary visiting dentist may not administer
1821		-	5 moderate sedation, deep sedation, or general anesthesia.
1822		-	6 (g) A patient who seeks treatment from a temporary
1823		-	7 visiting dentist must sign a consent form acknowledging that
1824		-	8 the care the patient will receive will be provided by a dentist
1825		-	9 not licensed in the State of Illinois and that the Illinois
1826		-	10 licensed dentist who has the collaborative agreement with the
1827		-	11 temporary visiting dentist will be responsible for all the
1828		-	12 follow-up care associated with the treatment rendered to the
1829		-	13 patient.
1830		-	14 (h) An application for the temporary permit shall be made
1831		-	15 to the Department in writing on forms prescribed by the
1832		-	16 Department and shall be accompanied by a nonrefundable fee
1833		-	17 established by rule.
1834		-	18 (i) An applicant for a temporary permit may be requested
1835		-	19 to appear before the Board to respond to questions concerning
1836		-	20 the applicant's qualifications to receive the permit. An
1837		-	21 applicant's refusal to appear before the Board may be grounds
1838		-	22 for denial of the application by the Department.
1839		-	23 (j) The Secretary may summarily cancel any permit or
1840		-	24 license issued pursuant to this Section without a hearing if
1841		-	25 the Secretary finds that evidence in the Secretary's his or
1842		-	26 her possession indicates that a continuing education sponsor
1843		-
1844		-
1845		-
1846		-
1847		-
1848		-	HB1805 Engrossed - 52 - LRB104 07526 AAS 17570 b
1849		-
1850		-
1851		-	HB1805 Engrossed- 53 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 53 - LRB104 07526 AAS 17570 b
1852		-	HB1805 Engrossed - 53 - LRB104 07526 AAS 17570 b
1853		-	1 licensed under this Section or a temporary permit holder's
1854		-	2 continuation in practice would constitute an imminent danger
1855		-	3 to the public or violate any provision of this Act or its
1856		-	4 rules. If the Secretary summarily cancels a permit or license
1857		-	5 issued pursuant to this Section, the permit holder or licensee
1858		-	6 may petition the Department for a hearing in accordance with
1859		-	7 the provisions of subsection (b) of Section 26 of this Act to
1860		-	8 reinstate the his or her permit or license.
1861		-	9 (k) In addition to terminating any permit or license
1862		-	10 issued pursuant to this Section, the Department may impose a
1863		-	11 monetary penalty not to exceed $10,000 upon the temporary
1864		-	12 permit holder or licensee and may notify any state in which the
1865		-	13 temporary permit holder or licensee has been issued a license
1866		-	14 that the his or her Illinois permit or license has been
1867		-	15 terminated and the reasons for the termination. The monetary
1868		-	16 penalty shall be paid within 60 days after the effective date
1869		-	17 of the order imposing the penalty. The order shall constitute
1870		-	18 a judgment and may be filed and execution had thereon in the
1871		-	19 same manner as any judgment from any court of record. It is the
1872		-	20 intent of the General Assembly that a permit or license issued
1873		-	21 pursuant to this Section shall be considered a privilege and
1874		-	22 not a property right.
1875		-	23 (Source: P.A. 102-582, eff. 1-1-22; 103-628, eff. 7-1-24.)
1876		-	24 (225 ILCS 25/20) (from Ch. 111, par. 2320)
1877		-	25 (Section scheduled to be repealed on January 1, 2026)
1878		-
1879		-
1880		-
1881		-
1882		-
1883		-	HB1805 Engrossed - 53 - LRB104 07526 AAS 17570 b
1884		-
1885		-
1886		-	HB1805 Engrossed- 54 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 54 - LRB104 07526 AAS 17570 b
1887		-	HB1805 Engrossed - 54 - LRB104 07526 AAS 17570 b
1888		-	1 Sec. 20. Display of licenses. Any person licensed to
1889		-	2 practice dentistry or dental hygiene in this State by the
1890		-	3 Department as hereinbefore provided, shall at all times
1891		-	4 display such license or duplicate original thereof in a
1892		-	5 conspicuous place, in the person's his or her office wherein
1893		-	6 the person he or she shall practice such profession, and shall
1894		-	7 further, whenever requested, exhibit such license to any of
1895		-	8 the members of the Department or its authorized agent. Upon
1896		-	9 proof by affidavit, the Department shall provide a duplicate
1897		-	10 if such person establishes that the person's his or her
1898		-	11 license is lost or stolen or that the person he or she
1899		-	12 practices at multiple locations.
1900		-	13 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
1901		-	14 (225 ILCS 25/22) (from Ch. 111, par. 2322)
1902		-	15 (Section scheduled to be repealed on January 1, 2026)
1903		-	16 Sec. 22. Returned checks; penalties. Any person who
1904		-	17 delivers a check or other payment to the Department that is
1905		-	18 returned to the Department unpaid by the financial institution
1906		-	19 upon which it is drawn shall pay to the Department, in addition
1907		-	20 to the amount already owed to the Department, a fine of $50.
1908		-	21 The fines imposed by this Section are in addition to any other
1909		-	22 discipline provided under this Act for unlicensed practice or
1910		-	23 practice on a nonrenewed license. The Department shall notify
1911		-	24 the person that payment of fees and fines shall be paid to the
1912		-	25 Department by certified check or money order within 30
1913		-
1914		-
1915		-
1916		-
1917		-
1918		-	HB1805 Engrossed - 54 - LRB104 07526 AAS 17570 b
1919		-
1920		-
1921		-	HB1805 Engrossed- 55 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 55 - LRB104 07526 AAS 17570 b
1922		-	HB1805 Engrossed - 55 - LRB104 07526 AAS 17570 b
1923		-	1 calendar days of the notification. If, after the expiration of
1924		-	2 30 days from the date of the notification, the person has
1925		-	3 failed to submit the necessary remittance, the Department
1926		-	4 shall automatically terminate the license or deny the
1927		-	5 application, without hearing. If, after termination or denial,
1928		-	6 the person seeks a license, the person he or she shall apply to
1929		-	7 the Department for restoration or issuance of the license and
1930		-	8 pay all fees and fines due to the Department. The Department
1931		-	9 may establish a fee for the processing of an application for
1932		-	10 restoration of a license to pay all expenses of processing
1933		-	11 this application. The Secretary may waive the fines due under
1934		-	12 this Section in individual cases where the Secretary finds
1935		-	13 that the fines would be unreasonable or unnecessarily
1936		-	14 burdensome.
1937		-	15 (Source: P.A. 97-1013, eff. 8-17-12.)
1938		-	16 (225 ILCS 25/23) (from Ch. 111, par. 2323)
1939		-	17 (Section scheduled to be repealed on January 1, 2026)
1940		-	18 Sec. 23. Refusal, revocation or suspension of dental
1941		-	19 licenses. The Department may refuse to issue or renew, or may
1942		-	20 revoke, suspend, place on probation, reprimand or take other
1943		-	21 disciplinary or non-disciplinary action as the Department may
1944		-	22 deem proper, including imposing fines not to exceed $10,000
1945		-	23 per violation, with regard to any license for any one or any
1946		-	24 combination of the following causes:
1947		-	25 1. Fraud, or misrepresentation, or concealment in
1948		-
1949		-
1950		-
1951		-
1952		-
1953		-	HB1805 Engrossed - 55 - LRB104 07526 AAS 17570 b
1954		-
1955		-
1956		-	HB1805 Engrossed- 56 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 56 - LRB104 07526 AAS 17570 b
1957		-	HB1805 Engrossed - 56 - LRB104 07526 AAS 17570 b
1958		-	1 applying for or procuring a license under this Act, or in
1959		-	2 connection with applying for renewal of a license under
1960		-	3 this Act.
1961		-	4 2. Inability to practice with reasonable judgment,
1962		-	5 skill, or safety as a result of habitual or excessive use
1963		-	6 or addiction to alcohol, narcotics, stimulants, or any
1964		-	7 other chemical agent or drug.
1965		-	8 3. Willful or repeated violations of the rules of the
1966		-	9 Department of Public Health or Department of Nuclear
1967		-	10 Safety.
1968		-	11 4. Acceptance of a fee for service as a witness,
1969		-	12 without the knowledge of the court, in addition to the fee
1970		-	13 allowed by the court.
1971		-	14 5. Division of fees or agreeing to split or divide the
1972		-	15 fees received for dental services with any person for
1973		-	16 bringing or referring a patient, except in regard to
1974		-	17 referral services as provided for under Section 45, or
1975		-	18 assisting in the care or treatment of a patient, without
1976		-	19 the knowledge of the patient or the patient's his or her
1977		-	20 legal representative. Nothing in this item 5 affects any
1978		-	21 bona fide independent contractor or employment
1979		-	22 arrangements among health care professionals, health
1980		-	23 facilities, health care providers, or other entities,
1981		-	24 except as otherwise prohibited by law. Any employment
1982		-	25 arrangements may include provisions for compensation,
1983		-	26 health insurance, pension, or other employment benefits
1984		-
1985		-
1986		-
1987		-
1988		-
1989		-	HB1805 Engrossed - 56 - LRB104 07526 AAS 17570 b
1990		-
1991		-
1992		-	HB1805 Engrossed- 57 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 57 - LRB104 07526 AAS 17570 b
1993		-	HB1805 Engrossed - 57 - LRB104 07526 AAS 17570 b
1994		-	1 for the provision of services within the scope of the
1995		-	2 licensee's practice under this Act. Nothing in this item 5
1996		-	3 shall be construed to require an employment arrangement to
1997		-	4 receive professional fees for services rendered.
1998		-	5 6. Employing, procuring, inducing, aiding or abetting
1999		-	6 a person not licensed or registered as a dentist or dental
2000		-	7 hygienist to engage in the practice of dentistry or dental
2001		-	8 hygiene. The person practiced upon is not an accomplice,
2002		-	9 employer, procurer, inducer, aider, or abetter within the
2003		-	10 meaning of this Act.
2004		-	11 7. Making any misrepresentations or false promises,
2005		-	12 directly or indirectly, to influence, persuade or induce
2006		-	13 dental patronage.
2007		-	14 8. Professional connection or association with or
2008		-	15 lending the licensee's his or her name to another for the
2009		-	16 illegal practice of dentistry by another, or professional
2010		-	17 connection or association with any person, firm or
2011		-	18 corporation holding himself, herself, themselves, or
2012		-	19 itself out in any manner contrary to this Act.
2013		-	20 9. Obtaining or seeking to obtain practice, money, or
2014		-	21 any other things of value by false or fraudulent
2015		-	22 representations, but not limited to, engaging in such
2016		-	23 fraudulent practice to defraud the medical assistance
2017		-	24 program of the Department of Healthcare and Family
2018		-	25 Services (formerly Department of Public Aid) under the
2019		-	26 Illinois Public Aid Code.
2020		-
2021		-
2022		-
2023		-
2024		-
2025		-	HB1805 Engrossed - 57 - LRB104 07526 AAS 17570 b
2026		-
2027		-
2028		-	HB1805 Engrossed- 58 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 58 - LRB104 07526 AAS 17570 b
2029		-	HB1805 Engrossed - 58 - LRB104 07526 AAS 17570 b
2030		-	1 10. Practicing under a false or, except as provided by
2031		-	2 law, an assumed name.
2032		-	3 11. Engaging in dishonorable, unethical, or
2033		-	4 unprofessional conduct of a character likely to deceive,
2034		-	5 defraud, or harm the public.
2035		-	6 12. Conviction by plea of guilty or nolo contendere,
2036		-	7 finding of guilt, jury verdict, or entry of judgment or by
2037		-	8 sentencing for any crime, including, but not limited to,
2038		-	9 convictions, preceding sentences of supervision,
2039		-	10 conditional discharge, or first offender probation, under
2040		-	11 the laws of any jurisdiction of the United States that (i)
2041		-	12 is a felony under the laws of this State or (ii) is a
2042		-	13 misdemeanor, an essential element of which is dishonesty,
2043		-	14 or that is directly related to the practice of dentistry.
2044		-	15 13. Permitting a dental hygienist, dental assistant or
2045		-	16 other person under the licensee's his or her supervision
2046		-	17 to perform any operation not authorized by this Act.
2047		-	18 14. Permitting more than 4 dental hygienists to be
2048		-	19 employed under the licensee's his or her supervision at
2049		-	20 any one time.
2050		-	21 15. A violation of any provision of this Act or any
2051		-	22 rules promulgated under this Act.
2052		-	23 16. Taking impressions for or using the services of
2053		-	24 any person, firm or corporation violating this Act.
2054		-	25 17. Violating any provision of Section 45 relating to
2055		-	26 advertising.
2056		-
2057		-
2058		-
2059		-
2060		-
2061		-	HB1805 Engrossed - 58 - LRB104 07526 AAS 17570 b
2062		-
2063		-
2064		-	HB1805 Engrossed- 59 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 59 - LRB104 07526 AAS 17570 b
2065		-	HB1805 Engrossed - 59 - LRB104 07526 AAS 17570 b
2066		-	1 18. Discipline by another U.S. jurisdiction or foreign
2067		-	2 nation, if at least one of the grounds for the discipline
2068		-	3 is the same or substantially equivalent to those set forth
2069		-	4 within this Act.
2070		-	5 19. Willfully failing to report an instance of
2071		-	6 suspected child abuse or neglect as required by the Abused
2072		-	7 and Neglected Child Reporting Act.
2073		-	8 20. Gross negligence in practice under this Act.
2074		-	9 21. The use or prescription for use of narcotics or
2075		-	10 controlled substances or designated products as listed in
2076		-	11 the Illinois Controlled Substances Act, in any way other
2077		-	12 than for therapeutic purposes.
2078		-	13 22. Willfully making or filing false records or
2079		-	14 reports in the licensee's his or her practice as a
2080		-	15 dentist, including, but not limited to, false records to
2081		-	16 support claims against the dental assistance program of
2082		-	17 the Department of Healthcare and Family Services (formerly
2083		-	18 Illinois Department of Public Aid).
2084		-	19 23. Professional incompetence as manifested by poor
2085		-	20 standards of care.
2086		-	21 24. Physical or mental illness, including, but not
2087		-	22 limited to, deterioration through the aging process, or
2088		-	23 loss of motor skills which results in a dentist's
2089		-	24 inability to practice dentistry with reasonable judgment,
2090		-	25 skill or safety. In enforcing this paragraph, the
2091		-	26 Department may compel a person licensed to practice under
2092		-
2093		-
2094		-
2095		-
2096		-
2097		-	HB1805 Engrossed - 59 - LRB104 07526 AAS 17570 b
2098		-
2099		-
2100		-	HB1805 Engrossed- 60 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 60 - LRB104 07526 AAS 17570 b
2101		-	HB1805 Engrossed - 60 - LRB104 07526 AAS 17570 b
2102		-	1 this Act to submit to a mental or physical examination
2103		-	2 pursuant to the terms and conditions of Section 23b.
2104		-	3 25. Gross or repeated irregularities in billing for
2105		-	4 services rendered to a patient. For purposes of this
2106		-	5 paragraph 25, "irregularities in billing" shall include:
2107		-	6 (a) Reporting excessive charges for the purpose of
2108		-	7 obtaining a total payment in excess of that usually
2109		-	8 received by the dentist for the services rendered.
2110		-	9 (b) Reporting charges for services not rendered.
2111		-	10 (c) Incorrectly reporting services rendered for
2112		-	11 the purpose of obtaining payment not earned.
2113		-	12 26. Continuing the active practice of dentistry while
2114		-	13 knowingly having any infectious, communicable, or
2115		-	14 contagious disease proscribed by rule or regulation of the
2116		-	15 Department.
2117		-	16 27. Being named as a perpetrator in an indicated
2118		-	17 report by the Department of Children and Family Services
2119		-	18 pursuant to the Abused and Neglected Child Reporting Act,
2120		-	19 and upon proof by clear and convincing evidence that the
2121		-	20 licensee has caused a child to be an abused child or
2122		-	21 neglected child as defined in the Abused and Neglected
2123		-	22 Child Reporting Act.
2124		-	23 28. Violating the Health Care Worker Self-Referral
2125		-	24 Act.
2126		-	25 29. Abandonment of a patient.
2127		-	26 30. Mental incompetency as declared by a court of
2128		-
2129		-
2130		-
2131		-
2132		-
2133		-	HB1805 Engrossed - 60 - LRB104 07526 AAS 17570 b
2134		-
2135		-
2136		-	HB1805 Engrossed- 61 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 61 - LRB104 07526 AAS 17570 b
2137		-	HB1805 Engrossed - 61 - LRB104 07526 AAS 17570 b
2138		-	1 competent jurisdiction.
2139		-	2 31. A finding by the Department that the licensee,
2140		-	3 after having the licensee's his or her license placed on
2141		-	4 probationary status, has violated the terms of probation.
2142		-	5 32. Material misstatement in furnishing information to
2143		-	6 the Department.
2144		-	7 33. Failing, within 60 days, to provide information in
2145		-	8 response to a written request by the Department in the
2146		-	9 course of an investigation.
2147		-	10 34. Immoral conduct in the commission of any act,
2148		-	11 including, but not limited to, commission of an act of
2149		-	12 sexual misconduct related to the licensee's practice.
2150		-	13 35. Cheating on or attempting to subvert the licensing
2151		-	14 examination administered under this Act.
2152		-	15 36. A pattern of practice or other behavior that
2153		-	16 demonstrates incapacity or incompetence to practice under
2154		-	17 this Act.
2155		-	18 37. Failure to establish and maintain records of
2156		-	19 patient care and treatment as required under this Act.
2157		-	20 38. Failure to provide copies of dental records as
2158		-	21 required by law.
2159		-	22 39. Failure of a licensed dentist who owns or is
2160		-	23 employed at a dental office to give notice of an office
2161		-	24 closure to the dentist's his or her patients at least 30
2162		-	25 days prior to the office closure pursuant to Section 50.1.
2163		-	26 40. Failure to maintain a sanitary work environment.
2164		-
2165		-
2166		-
2167		-
2168		-
2169		-	HB1805 Engrossed - 61 - LRB104 07526 AAS 17570 b
2170		-
2171		-
2172		-	HB1805 Engrossed- 62 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 62 - LRB104 07526 AAS 17570 b
2173		-	HB1805 Engrossed - 62 - LRB104 07526 AAS 17570 b
2174		-	1 41. Failure to comply with the provisions of Section
2175		-	2 17.2 of this Act.
	2251	+	8 Sec. 23b. Requirement for mental and physical examinations
	2252	+	9 under certain conditions.
	2253	+	10 (a) In enforcing paragraph 24 of Section 23 of this Act,
	2254	+	11 the Department may compel any individual who is licensed to
	2255	+	12 practice under this Act or who has applied for licensure under
	2256	+	13 this Act, to submit to a mental or physical examination and
	2257	+	14 evaluation, or both, which may include a substance abuse or
	2258	+	15 sexual offender evaluation, as required by and at the expense
	2259	+	16 of the Department. The Department shall specifically designate
	2260	+	17 the examining physician licensed to practice medicine in all
	2261	+	18 of its branches or, if applicable, the multidisciplinary team
	2262	+	19 involved in providing the mental or physical examination and
	2263	+	20 evaluation, or both. The multidisciplinary team shall be led
	2264	+	21 by a physician licensed to practice medicine in all of its
	2265	+	22 branches and may consist of one or more or a combination of
	2266	+	23 physicians licensed to practice medicine in all of its
	2267	+	24 branches, licensed clinical psychologists, licensed clinical
	2268	+	25 social workers, licensed clinical professional counselors, and
	2269	+
	2270	+
	2271	+
	2272	+
	2273	+
	2274	+	HB1805 - 63 - LRB104 07526 AAS 17570 b
	2275	+
	2276	+
	2277	+	HB1805- 64 -LRB104 07526 AAS 17570 b HB1805 - 64 - LRB104 07526 AAS 17570 b
	2278	+	HB1805 - 64 - LRB104 07526 AAS 17570 b
	2279	+	1 other professional and administrative staff. Any examining
	2280	+	2 physician or member of the multidisciplinary team may require
	2281	+	3 any person ordered to submit to an examination and evaluation
	2282	+	4 pursuant to this Section to submit to any additional
	2283	+	5 supplemental testing deemed necessary to complete any
	2284	+	6 examination or evaluation process, including, but not limited
	2285	+	7 to, blood testing, urinalysis, psychological testing, or
	2286	+	8 neuropsychological testing. The Department may order the
	2287	+	9 examining physician or any member of the multidisciplinary
	2288	+	10 team to provide to the Department any and all records,
	2289	+	11 including business records, that relate to the examination and
	2290	+	12 evaluation, including any supplemental testing performed. The
	2291	+	13 Department may order the examining physician or any member of
	2292	+	14 the multidisciplinary team to present testimony concerning the
	2293	+	15 examination and evaluation of the licensee or applicant,
	2294	+	16 including testimony concerning any supplemental testing or
	2295	+	17 documents relating to the examination and evaluation. No
	2296	+	18 information, report, record, or other documents in any way
	2297	+	19 related to the examination and evaluation shall be excluded by
	2298	+	20 reason of any common law or statutory privilege relating to
	2299	+	21 communications between the licensee or applicant and the
	2300	+	22 examining physician or any member of the multidisciplinary
	2301	+	23 team. No authorization is necessary from the licensee or
	2302	+	24 applicant ordered to undergo an examination and evaluation for
	2303	+	25 the examining physician or any member of the multidisciplinary
	2304	+	26 team to provide information, reports, records, or other
	2305	+
	2306	+
	2307	+
	2308	+
	2309	+
	2310	+	HB1805 - 64 - LRB104 07526 AAS 17570 b
	2311	+
	2312	+
	2313	+	HB1805- 65 -LRB104 07526 AAS 17570 b HB1805 - 65 - LRB104 07526 AAS 17570 b
	2314	+	HB1805 - 65 - LRB104 07526 AAS 17570 b
	2315	+	1 documents or to provide any testimony regarding the
	2316	+	2 examination and evaluation. The individual to be examined may
	2317	+	3 have, at the individual's his or her own expense, another
	2318	+	4 physician of the individual's his or her choice present during
	2319	+	5 all aspects of this examination. Failure of an individual to
	2320	+	6 submit to a mental or physical examination and evaluation, or
	2321	+	7 both, when directed shall result in the automatic suspension
	2322	+	8 of the individual's his or her license, without hearing, until
	2323	+	9 the individual submits to the examination. if the Department
	2324	+	10 finds, after notice and hearing, that the refusal to submit to
	2325	+	11 the examination.
	2326	+	12 (b) If the Department finds an individual unable to
	2327	+	13 practice because of the reasons set forth in paragraph 24 of
	2328	+	14 Section 23, the Department may require that individual to
	2329	+	15 submit to care, counseling, or treatment by physicians
	2330	+	16 approved or designated by the Department as a condition, term,
	2331	+	17 or restriction for continued, reinstated, or renewed licensure
	2332	+	18 to practice, or in lieu of care, counseling, or treatment, the
	2333	+	19 Department may file a complaint to immediately suspend,
	2334	+	20 revoke, or otherwise discipline the license of the individual.
	2335	+	21 An individual whose license was granted, continued,
	2336	+	22 reinstated, renewed, disciplined, or supervised subject to
	2337	+	23 such terms, conditions, or restrictions, and who fails to
	2338	+	24 comply with such terms, conditions, or restrictions, shall be
	2339	+	25 referred to the Secretary for a determination as to whether
	2340	+	26 the individual shall have the his or her license suspended
	2341	+
	2342	+
	2343	+
	2344	+
	2345	+
	2346	+	HB1805 - 65 - LRB104 07526 AAS 17570 b
	2347	+
	2348	+
	2349	+	HB1805- 66 -LRB104 07526 AAS 17570 b HB1805 - 66 - LRB104 07526 AAS 17570 b
	2350	+	HB1805 - 66 - LRB104 07526 AAS 17570 b
	2351	+	1 immediately, pending a hearing by the Department.
	2352	+	2 (Source: P.A. 97-1013, eff. 8-17-12.)
	2353	+	3 (225 ILCS 25/24) (from Ch. 111, par. 2324)
	2354	+	4 (Section scheduled to be repealed on January 1, 2026)
	2355	+	5 Sec. 24. Refusal, suspension or revocation of dental
	2356	+	6 hygienist license. The Department may refuse to issue or renew
	2357	+	7 or may revoke, suspend, place on probation, reprimand or take
	2358	+	8 other disciplinary or non-disciplinary action as the
	2359	+	9 Department may deem proper, including imposing fines not to
	2360	+	10 exceed $10,000 per violation, with regard to any dental
	2361	+	11 hygienist license for any one or any combination of the
	2362	+	12 following causes:
	2363	+	13 1. Fraud or misrepresentation in applying for or
	2364	+	14 procuring a license under this Act, or in connection with
	2365	+	15 applying for renewal of a license under this Act.
	2366	+	16 2. Performing any operation not authorized by this
	2367	+	17 Act.
	2368	+	18 3. Practicing dental hygiene other than under the
	2369	+	19 supervision of a licensed dentist as provided by this Act.
	2370	+	20 4. The willful wilful violation of, or the willful
	2371	+	21 wilful procuring of, or knowingly assisting in the
	2372	+	22 violation of, any Act which is now or which hereafter may
	2373	+	23 be in force in this State relating to the use of
	2374	+	24 habit-forming drugs.
	2375	+	25 5. The obtaining of, or an attempt to obtain a
	2376	+
	2377	+
	2378	+
	2379	+
	2380	+
	2381	+	HB1805 - 66 - LRB104 07526 AAS 17570 b
	2382	+
	2383	+
	2384	+	HB1805- 67 -LRB104 07526 AAS 17570 b HB1805 - 67 - LRB104 07526 AAS 17570 b
	2385	+	HB1805 - 67 - LRB104 07526 AAS 17570 b
	2386	+	1 license, or practice in the profession, or money, or any
	2387	+	2 other thing of value by fraudulent representation.
	2388	+	3 6. Gross negligence in performing the operative
	2389	+	4 procedure of dental hygiene.
	2390	+	5 7. Active practice of dental hygiene while knowingly
	2391	+	6 having any infectious, communicable, or contagious disease
	2392	+	7 proscribed by rule or regulation of the Department.
	2393	+	8 8. Inability to practice with reasonable judgment,
	2394	+	9 skill, or safety as a result of habitual or excessive use
	2395	+	10 or addiction to alcohol, narcotics, stimulants, or any
	2396	+	11 other chemical agent or drug.
	2397	+	12 9. Conviction by plea of guilty or nolo contendere,
	2398	+	13 finding of guilt, jury verdict, or entry of judgment or by
	2399	+	14 sentencing of any crime, including, but not limited to,
	2400	+	15 convictions, preceding sentences of supervision,
	2401	+	16 conditional discharge, or first offender probation, under
	2402	+	17 the laws of any jurisdiction of the United States that (i)
	2403	+	18 is a felony or (ii) is a misdemeanor, an essential element
	2404	+	19 of which is dishonesty, or that is directly related to the
	2405	+	20 practice of dental hygiene.
	2406	+	21 10. Aiding or abetting the unlicensed practice of
	2407	+	22 dentistry or dental hygiene.
	2408	+	23 11. Discipline by another U.S. jurisdiction or a
	2409	+	24 foreign nation, if at least one of the grounds for the
	2410	+	25 discipline is the same or substantially equivalent to
	2411	+	26 those set forth in this Act.
	2412	+
	2413	+
	2414	+
	2415	+
	2416	+
	2417	+	HB1805 - 67 - LRB104 07526 AAS 17570 b
	2418	+
	2419	+
	2420	+	HB1805- 68 -LRB104 07526 AAS 17570 b HB1805 - 68 - LRB104 07526 AAS 17570 b
	2421	+	HB1805 - 68 - LRB104 07526 AAS 17570 b
	2422	+	1 12. Violating the Health Care Worker Self-Referral
	2423	+	2 Act.
	2424	+	3 13. Violating the prohibitions of Section 38.1 of this
	2425	+	4 Act.
	2426	+	5 14. Engaging in dishonorable, unethical, or
	2427	+	6 unprofessional conduct of a character likely to deceive,
	2428	+	7 defraud, or harm the public.
	2429	+	8 15. A finding by the Department that the licensee,
	2430	+	9 after having the licensee's his or her license placed on
	2431	+	10 probationary status, has violated the terms of probation.
	2432	+	11 16. Material misstatement in furnishing information to
	2433	+	12 the Department.
	2434	+	13 17. Failing, within 60 days, to provide information in
	2435	+	14 response to a written request by the Department in the
	2436	+	15 course of an investigation.
	2437	+	16 18. Immoral conduct in the commission of any act,
	2438	+	17 including, but not limited to, commission of an act of
	2439	+	18 sexual misconduct related to the licensee's practice.
	2440	+	19 19. Cheating on or attempting to subvert the licensing
	2441	+	20 examination administered under this Act.
	2442	+	21 20. Violations of this Act or of the rules promulgated
	2443	+	22 under this Act.
	2444	+	23 21. Practicing under a false or, except as provided by
	2445	+	24 law, an assumed name.
	2446	+	25 The provisions of this Act relating to proceedings for the
	2447	+	26 suspension and revocation of a license to practice dentistry
	2448	+
	2449	+
	2450	+
	2451	+
	2452	+
	2453	+	HB1805 - 68 - LRB104 07526 AAS 17570 b
	2454	+
	2455	+
	2456	+	HB1805- 69 -LRB104 07526 AAS 17570 b HB1805 - 69 - LRB104 07526 AAS 17570 b
	2457	+	HB1805 - 69 - LRB104 07526 AAS 17570 b
	2458	+	1 shall apply to proceedings for the suspension or revocation of
	2459	+	2 a license as a dental hygienist.
2176	2460		3 All proceedings to suspend, revoke, place on probationary
2177	2461		4 status, or take any other disciplinary action as the
2178		-	5 Department may deem proper, with regard to a license on any of
2179		-	6 the ~~foregoing grounds~~, must be commenced ~~within 5 years after~~
2180		-	7 receipt by the Department of a complaint ~~alleging the~~
2181		-	8 commission of or notice of the conviction order ~~for any of the~~
2182		-	9 acts described ~~herein~~. Except for fraud ~~in procuring a~~
2183		-	10 license, no action shall be commenced more than ~~7 years after~~
2184		-	11 the date of the incident or act alleged to have ~~violated this~~
2185		-	12 Section. The time during which the holder of the ~~license was~~
2186		-	13 outside the State of Illinois shall not be ~~included within any~~
2187		-	14 period of time limiting the commencement ~~of disciplinary~~
2188		-	15 action by the Department.
	2462	+	5 Department may deem proper with regard to a license on any of
	2463	+	6 the grounds contained in this Section, must be commenced
	2464	+	7 within 5 years after receipt by the Department of a complaint
	2465	+	8 alleging the commission of or notice of the conviction order
	2466	+	9 for any of the acts described in this Section. Except for fraud
	2467	+	10 in procuring a license, no action shall be commenced more than
	2468	+	11 7 years after the date of the incident or act alleged to have
	2469	+	12 violated this Section. The time during which the holder of the
	2470	+	13 license was outside the State of Illinois shall not be
	2471	+	14 included within any period of time limiting the commencement
	2472	+	15 of disciplinary action by the Department.
2189	2473		16 All fines imposed under this Section shall be paid within
2190	2474		17 60 days after the effective date of the order imposing the fine
2191	2475		18 or in accordance with the terms set forth in the order imposing
2192	2476		19 the fine.
2193		-	20 The Department may refuse to issue or may suspend the
2194		-	21 license of any person who fails to file a return, or to pay the
2195		-	22 tax, penalty or interest shown in a filed return, or to pay any
2196		-	23 final assessment of tax, penalty or interest, as required by
2197		-	24 any tax Act administered by the Illinois Department of
2198		-	25 Revenue, until such time as the requirements of any such tax
2199		-	26 Act are satisfied.
2200		-
2201		-
2202		-
2203		-
2204		-
2205		-	HB1805 Engrossed - 62 - LRB104 07526 AAS 17570 b
2206		-
2207		-
2208		-	HB1805 Engrossed- 63 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 63 - LRB104 07526 AAS 17570 b
2209		-	HB1805 Engrossed - 63 - LRB104 07526 AAS 17570 b
2210		-	1 Any dentist who has had a his or her license suspended or
2211		-	2 revoked for more than 5 years must comply with the
2212		-	3 requirements for restoration set forth in Section 16 prior to
2213		-	4 being eligible for reinstatement from the suspension or
2214		-	5 revocation.
2215		-	6 (Source: P.A. 103-425, eff. 1-1-24; 103-902, eff. 8-9-24.)
2216		-	7 (225 ILCS 25/23a) (from Ch. 111, par. 2323a)
2217		-	8 (Section scheduled to be repealed on January 1, 2026)
2218		-	9 Sec. 23a. The Secretary may, upon receipt of a written
2219		-	10 communication from the Secretary of Human Services or the
2220		-	11 Director of the Department of Healthcare and Family Services
2221		-	12 (formerly Department of Public Aid) or Department of Public
2222		-	13 Health, that continuation of practice of a person licensed
2223		-	14 under this Act constitutes an immediate danger to the public,
2224		-	15 immediately suspend the license of such person without a
2225		-	16 hearing. In instances in which the Secretary immediately
2226		-	17 suspends a license under this Section, a hearing upon such
2227		-	18 person's license must be convened by the Board within 15 days
2228		-	19 after such suspension and completed without appreciable delay,
2229		-	20 such hearing held to determine whether to recommend to the
2230		-	21 Secretary that the person's license be revoked, suspended,
2231		-	22 placed on probationary status or reinstated, or such person be
2232		-	23 subject to other disciplinary action. In such hearing, the
2233		-	24 written communication and any other evidence submitted
2234		-	25 therewith may be introduced as evidence against such person;
2235		-
2236		-
2237		-
2238		-
2239		-
2240		-	HB1805 Engrossed - 63 - LRB104 07526 AAS 17570 b
2241		-
2242		-
2243		-	HB1805 Engrossed- 64 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 64 - LRB104 07526 AAS 17570 b
2244		-	HB1805 Engrossed - 64 - LRB104 07526 AAS 17570 b
2245		-	1 provided however, the person, or the person's his or her
2246		-	2 counsel, shall have the opportunity to discredit or impeach
2247		-	3 such evidence and submit evidence rebutting same.
2248		-	4 (Source: P.A. 97-1013, eff. 8-17-12.)
2249		-	5 (225 ILCS 25/23b)
2250		-	6 (Section scheduled to be repealed on January 1, 2026)
2251		-	7 Sec. 23b. Requirement for mental and physical examinations
2252		-	8 under certain conditions.
2253		-	9 (a) In enforcing paragraph 24 of Section 23 of this Act,
2254		-	10 the Department may compel any individual who is licensed to
2255		-	11 practice under this Act or who has applied for licensure under
2256		-	12 this Act, to submit to a mental or physical examination and
2257		-	13 evaluation, or both, which may include a substance abuse or
2258		-	14 sexual offender evaluation, as required by and at the expense
2259		-	15 of the Department. The Department shall specifically designate
2260		-	16 the examining physician licensed to practice medicine in all
2261		-	17 of its branches or, if applicable, the multidisciplinary team
2262		-	18 involved in providing the mental or physical examination and
2263		-	19 evaluation, or both. The multidisciplinary team shall be led
2264		-	20 by a physician licensed to practice medicine in all of its
2265		-	21 branches and may consist of one or more or a combination of
2266		-	22 physicians licensed to practice medicine in all of its
2267		-	23 branches, licensed clinical psychologists, licensed clinical
2268		-	24 social workers, licensed clinical professional counselors, and
2269		-	25 other professional and administrative staff. Any examining
2270		-
2271		-
2272		-
2273		-
2274		-
2275		-	HB1805 Engrossed - 64 - LRB104 07526 AAS 17570 b
2276		-
2277		-
2278		-	HB1805 Engrossed- 65 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 65 - LRB104 07526 AAS 17570 b
2279		-	HB1805 Engrossed - 65 - LRB104 07526 AAS 17570 b
2280		-	1 physician or member of the multidisciplinary team may require
2281		-	2 any person ordered to submit to an examination and evaluation
2282		-	3 pursuant to this Section to submit to any additional
2283		-	4 supplemental testing deemed necessary to complete any
2284		-	5 examination or evaluation process, including, but not limited
2285		-	6 to, blood testing, urinalysis, psychological testing, or
2286		-	7 neuropsychological testing. The Department may order the
2287		-	8 examining physician or any member of the multidisciplinary
2288		-	9 team to provide to the Department any and all records,
2289		-	10 including business records, that relate to the examination and
2290		-	11 evaluation, including any supplemental testing performed. The
2291		-	12 Department may order the examining physician or any member of
2292		-	13 the multidisciplinary team to present testimony concerning the
2293		-	14 examination and evaluation of the licensee or applicant,
2294		-	15 including testimony concerning any supplemental testing or
2295		-	16 documents relating to the examination and evaluation. No
2296		-	17 information, report, record, or other documents in any way
2297		-	18 related to the examination and evaluation shall be excluded by
2298		-	19 reason of any common law or statutory privilege relating to
2299		-	20 communications between the licensee or applicant and the
2300		-	21 examining physician or any member of the multidisciplinary
2301		-	22 team. No authorization is necessary from the licensee or
2302		-	23 applicant ordered to undergo an examination and evaluation for
2303		-	24 the examining physician or any member of the multidisciplinary
2304		-	25 team to provide information, reports, records, or other
2305		-	26 documents or to provide any testimony regarding the
2306		-
2307		-
2308		-
2309		-
2310		-
2311		-	HB1805 Engrossed - 65 - LRB104 07526 AAS 17570 b
2312		-
2313		-
2314		-	HB1805 Engrossed- 66 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 66 - LRB104 07526 AAS 17570 b
2315		-	HB1805 Engrossed - 66 - LRB104 07526 AAS 17570 b
2316		-	1 examination and evaluation. The individual to be examined may
2317		-	2 have, at the individual's his or her own expense, another
2318		-	3 physician of the individual's his or her choice present during
2319		-	4 all aspects of this examination. Failure of an individual to
2320		-	5 submit to a mental or physical examination and evaluation, or
2321		-	6 both, when directed shall result in the automatic suspension
2322		-	7 of the individual's his or her license, without hearing, until
2323		-	8 the individual submits to the examination. if the Department
2324		-	9 finds, after notice and hearing, that the refusal to submit to
2325		-	10 the examination.
2326		-	11 (b) If the Department finds an individual unable to
2327		-	12 practice because of the reasons set forth in paragraph 24 of
2328		-	13 Section 23, the Department may require that individual to
2329		-	14 submit to care, counseling, or treatment by physicians
2330		-	15 approved or designated by the Department as a condition, term,
2331		-	16 or restriction for continued, reinstated, or renewed licensure
2332		-	17 to practice, or in lieu of care, counseling, or treatment, the
2333		-	18 Department may file a complaint to immediately suspend,
2334		-	19 revoke, or otherwise discipline the license of the individual.
2335		-	20 An individual whose license was granted, continued,
2336		-	21 reinstated, renewed, disciplined, or supervised subject to
2337		-	22 such terms, conditions, or restrictions, and who fails to
2338		-	23 comply with such terms, conditions, or restrictions, shall be
2339		-	24 referred to the Secretary for a determination as to whether
2340		-	25 the individual shall have the his or her license suspended
2341		-	26 immediately, pending a hearing by the Department.
2342		-
2343		-
2344		-
2345		-
2346		-
2347		-	HB1805 Engrossed - 66 - LRB104 07526 AAS 17570 b
2348		-
2349		-
2350		-	HB1805 Engrossed- 67 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 67 - LRB104 07526 AAS 17570 b
2351		-	HB1805 Engrossed - 67 - LRB104 07526 AAS 17570 b
2352		-	1 (Source: P.A. 97-1013, eff. 8-17-12.)
2353		-	2 (225 ILCS 25/24) (from Ch. 111, par. 2324)
2354		-	3 (Section scheduled to be repealed on January 1, 2026)
2355		-	4 Sec. 24. Refusal, suspension or revocation of dental
2356		-	5 hygienist license. The Department may refuse to issue or renew
2357		-	6 or may revoke, suspend, place on probation, reprimand or take
2358		-	7 other disciplinary or non-disciplinary action as the
2359		-	8 Department may deem proper, including imposing fines not to
2360		-	9 exceed $10,000 per violation, with regard to any dental
2361		-	10 hygienist license for any one or any combination of the
2362		-	11 following causes:
2363		-	12 1. Fraud or misrepresentation in applying for or
2364		-	13 procuring a license under this Act, or in connection with
2365		-	14 applying for renewal of a license under this Act.
2366		-	15 2. Performing any operation not authorized by this
2367		-	16 Act.
2368		-	17 3. Practicing dental hygiene other than under the
2369		-	18 supervision of a licensed dentist as provided by this Act.
2370		-	19 4. The willful wilful violation of, or the willful
2371		-	20 wilful procuring of, or knowingly assisting in the
2372		-	21 violation of, any Act which is now or which hereafter may
2373		-	22 be in force in this State relating to the use of
2374		-	23 habit-forming drugs.
2375		-	24 5. The obtaining of, or an attempt to obtain a
2376		-	25 license, or practice in the profession, or money, or any
2377		-
2378		-
2379		-
2380		-
2381		-
2382		-	HB1805 Engrossed - 67 - LRB104 07526 AAS 17570 b
2383		-
2384		-
2385		-	HB1805 Engrossed- 68 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 68 - LRB104 07526 AAS 17570 b
2386		-	HB1805 Engrossed - 68 - LRB104 07526 AAS 17570 b
2387		-	1 other thing of value by fraudulent representation.
2388		-	2 6. Gross negligence in performing the operative
2389		-	3 procedure of dental hygiene.
2390		-	4 7. Active practice of dental hygiene while knowingly
2391		-	5 having any infectious, communicable, or contagious disease
2392		-	6 proscribed by rule or regulation of the Department.
2393		-	7 8. Inability to practice with reasonable judgment,
2394		-	8 skill, or safety as a result of habitual or excessive use
2395		-	9 or addiction to alcohol, narcotics, stimulants, or any
2396		-	10 other chemical agent or drug.
2397		-	11 9. Conviction by plea of guilty or nolo contendere,
2398		-	12 finding of guilt, jury verdict, or entry of judgment or by
2399		-	13 sentencing of any crime, including, but not limited to,
2400		-	14 convictions, preceding sentences of supervision,
2401		-	15 conditional discharge, or first offender probation, under
2402		-	16 the laws of any jurisdiction of the United States that (i)
2403		-	17 is a felony or (ii) is a misdemeanor, an essential element
2404		-	18 of which is dishonesty, or that is directly related to the
2405		-	19 practice of dental hygiene.
2406		-	20 10. Aiding or abetting the unlicensed practice of
2407		-	21 dentistry or dental hygiene.
2408		-	22 11. Discipline by another U.S. jurisdiction or a
2409		-	23 foreign nation, if at least one of the grounds for the
2410		-	24 discipline is the same or substantially equivalent to
2411		-	25 those set forth in this Act.
2412		-	26 12. Violating the Health Care Worker Self-Referral
2413		-
2414		-
2415		-
2416		-
2417		-
2418		-	HB1805 Engrossed - 68 - LRB104 07526 AAS 17570 b
2419		-
2420		-
2421		-	HB1805 Engrossed- 69 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 69 - LRB104 07526 AAS 17570 b
2422		-	HB1805 Engrossed - 69 - LRB104 07526 AAS 17570 b
2423		-	1 Act.
2424		-	2 13. Violating the prohibitions of Section 38.1 of this
2425		-	3 Act.
2426		-	4 14. Engaging in dishonorable, unethical, or
2427		-	5 unprofessional conduct of a character likely to deceive,
2428		-	6 defraud, or harm the public.
2429		-	7 15. A finding by the Department that the licensee,
2430		-	8 after having the licensee's his or her license placed on
2431		-	9 probationary status, has violated the terms of probation.
2432		-	10 16. Material misstatement in furnishing information to
2433		-	11 the Department.
2434		-	12 17. Failing, within 60 days, to provide information in
2435		-	13 response to a written request by the Department in the
2436		-	14 course of an investigation.
2437		-	15 18. Immoral conduct in the commission of any act,
2438		-	16 including, but not limited to, commission of an act of
2439		-	17 sexual misconduct related to the licensee's practice.
2440		-	18 19. Cheating on or attempting to subvert the licensing
2441		-	19 examination administered under this Act.
2442		-	20 20. Violations of this Act or of the rules promulgated
2443		-	21 under this Act.
2444		-	22 21. Practicing under a false or, except as provided by
2445		-	23 law, an assumed name.
2446		-	24 The provisions of this Act relating to proceedings for the
2447		-	25 suspension and revocation of a license to practice dentistry
2448		-	26 shall apply to proceedings for the suspension or revocation of
2449		-
2450		-
2451		-
2452		-
2453		-
2454		-	HB1805 Engrossed - 69 - LRB104 07526 AAS 17570 b
2455		-
2456		-
2457		-	HB1805 Engrossed- 70 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 70 - LRB104 07526 AAS 17570 b
2458		-	HB1805 Engrossed - 70 - LRB104 07526 AAS 17570 b
2459		-	1 a license as a dental hygienist.
2460		-	2 All proceedings to suspend, revoke, place on probationary
2461		-	3 status, or take any other disciplinary action as the
2462		-	4 Department may deem proper with regard to a license on any of
2463		-	5 the grounds contained in this Section, must be commenced
2464		-	6 within 5 years after receipt by the Department of a complaint
2465		-	7 alleging the commission of or notice of the conviction order
2466		-	8 for any of the acts described in this Section. Except for fraud
2467		-	9 in procuring a license, no action shall be commenced more than
2468		-	10 7 years after the date of the incident or act alleged to have
2469		-	11 violated this Section. The time during which the holder of the
2470		-	12 license was outside the State of Illinois shall not be
2471		-	13 included within any period of time limiting the commencement
2472		-	14 of disciplinary action by the Department.
2473		-	15 All fines imposed under this Section shall be paid within
2474		-	16 60 days after the effective date of the order imposing the fine
2475		-	17 or in accordance with the terms set forth in the order imposing
2476		-	18 the fine.
2477		-	19 Any dental hygienist who has had a his or her license
2478		-	20 suspended or revoked for more than 5 years must comply with the
2479		-	21 requirements for restoration set forth in Section 16 prior to
2480		-	22 being eligible for reinstatement from the suspension or
2481		-	23 revocation.
2482		-	24 (Source: P.A. 99-492, eff. 12-31-15.)
2483		-	25 (225 ILCS 25/25) (from Ch. 111, par. 2325)
2484		-
2485		-
2486		-
2487		-
2488		-
2489		-	HB1805 Engrossed - 70 - LRB104 07526 AAS 17570 b
2490		-
2491		-
2492		-	HB1805 Engrossed- 71 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 71 - LRB104 07526 AAS 17570 b
2493		-	HB1805 Engrossed - 71 - LRB104 07526 AAS 17570 b
2494		-	1 (Section scheduled to be repealed on January 1, 2026)
2495		-	2 Sec. 25. Notice of hearing; investigations and informal
2496		-	3 conferences.
2497		-	4 (a) Upon the motion of either the Department or the Board
2498		-	5 or upon the verified complaint in writing of any person
2499		-	6 setting forth facts which if proven would constitute grounds
2500		-	7 for refusal, suspension or revocation of license under this
2501		-	8 Act, the Board shall investigate the actions of any person,
2502		-	9 hereinafter called the respondent, who holds or represents
2503		-	10 that the person he or she holds a license. All such motions or
2504		-	11 complaints shall be brought to the Board.
2505		-	12 (b) Prior to taking an in-person statement from a dentist
2506		-	13 or dental hygienist who is the subject of a complaint, the
2507		-	14 investigator shall inform the dentist or the dental hygienist
2508		-	15 in writing:
2509		-	16 (1) that the dentist or dental hygienist is the
2510		-	17 subject of a complaint;
2511		-	18 (2) that the dentist or dental hygienist need not
2512		-	19 immediately proceed with the interview and may seek
2513		-	20 appropriate consultation prior to consenting to the
2514		-	21 interview; and
2515		-	22 (3) that failure of the dentist or dental hygienist to
2516		-	23 proceed with the interview shall not prohibit the
2517		-	24 Department from conducting a visual inspection of the
2518		-	25 facility.
2519		-	26 A Department investigator's failure to comply with this
2520		-
2521		-
2522		-
2523		-
2524		-
2525		-	HB1805 Engrossed - 71 - LRB104 07526 AAS 17570 b
2526		-
2527		-
2528		-	HB1805 Engrossed- 72 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 72 - LRB104 07526 AAS 17570 b
2529		-	HB1805 Engrossed - 72 - LRB104 07526 AAS 17570 b
2530		-	1 subsection may not be the sole ground for dismissal of any
2531		-	2 order of the Department filed upon a finding of a violation or
2532		-	3 for dismissal of a pending investigation.
2533		-	4 (b-5) The duly authorized dental investigators of the
2534		-	5 Department shall have the right to enter and inspect, during
2535		-	6 business hours, the business premises of a dentist licensed
2536		-	7 under this Act or of a person who holds himself or herself out
2537		-	8 as practicing dentistry, with due consideration for patient
2538		-	9 care of the subject of the investigation, so as to inspect the
2539		-	10 physical premises and equipment and furnishings therein. This
2540		-	11 right of inspection shall not include inspection of business,
2541		-	12 medical, or personnel records located on the premises without
2542		-	13 a Department subpoena issued in accordance with Section 25.1
2543		-	14 of this Act or Section 2105-105 of the Department of
2544		-	15 Professional Regulation Law of the Civil Administrative Code
2545		-	16 of Illinois. For the purposes of this Section, "business
2546		-	17 premises" means the office or offices where the dentist
2547		-	18 conducts the practice of dentistry.
2548		-	19 (c) If the Department concludes on the basis of a
2549		-	20 complaint or its initial investigation that there is a
2550		-	21 possible violation of the Act, the Department may:
2551		-	22 (1) schedule a hearing pursuant to this Act; or
2552		-	23 (2) request in writing that the dentist or dental
2553		-	24 hygienist being investigated attend an informal conference
2554		-	25 with representatives of the Department.
2555		-	26 The request for an informal conference shall contain the
2556		-
2557		-
2558		-
2559		-
2560		-
2561		-	HB1805 Engrossed - 72 - LRB104 07526 AAS 17570 b
2562		-
2563		-
2564		-	HB1805 Engrossed- 73 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 73 - LRB104 07526 AAS 17570 b
2565		-	HB1805 Engrossed - 73 - LRB104 07526 AAS 17570 b
2566		-	1 nature of the alleged actions or inactions that constitute the
2567		-	2 possible violations.
2568		-	3 A dentist or dental hygienist shall be allowed to have
2569		-	4 legal counsel at the informal conference. If the informal
2570		-	5 conference results in a consent order between the accused
2571		-	6 dentist or dental hygienist and the Department, the consent
2572		-	7 order must be approved by the Secretary. However, if the
2573		-	8 consent order would result in a fine exceeding $10,000 or the
2574		-	9 suspension or revocation of the dentist or dental hygienist
2575		-	10 license, the consent order must be approved by the Board and
2576		-	11 the Secretary. Participation in the informal conference by a
2577		-	12 dentist, a dental hygienist, or the Department and any
2578		-	13 admissions or stipulations made by a dentist, a dental
2579		-	14 hygienist, or the Department at the informal conference,
2580		-	15 including any agreements in a consent order that is
2581		-	16 subsequently disapproved by either the Board or the Secretary,
2582		-	17 shall not be used against the dentist, dental hygienist, or
2583		-	18 Department at any subsequent hearing and shall not become a
2584		-	19 part of the record of the hearing.
2585		-	20 (d) The Secretary shall, before suspending, revoking,
2586		-	21 placing on probationary status, or taking any other
2587		-	22 disciplinary action as the Secretary may deem proper with
2588		-	23 regard to any license, at least 30 days prior to the date set
2589		-	24 for the hearing, notify the respondent in writing of any
2590		-	25 charges made and the time and place for a hearing of the
2591		-	26 charges before the Board, direct the respondent him or her to
2592		-
2593		-
2594		-
2595		-
2596		-
2597		-	HB1805 Engrossed - 73 - LRB104 07526 AAS 17570 b
2598		-
2599		-
2600		-	HB1805 Engrossed- 74 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 74 - LRB104 07526 AAS 17570 b
2601		-	HB1805 Engrossed - 74 - LRB104 07526 AAS 17570 b
2602		-	1 file the his or her written answer thereto to the Board under
2603		-	2 oath within 20 days after the service on the respondent him or
2604		-	3 her of such notice and inform the respondent him or her that if
2605		-	4 the respondent he or she fails to file such answer, default
2606		-	5 will be taken against the respondent him or her and the
2607		-	6 respondent's his or her license may be suspended, revoked,
2608		-	7 placed on probationary status, or other disciplinary action
2609		-	8 may be taken with regard thereto, including limiting the
2610		-	9 scope, nature or extent of the respondent's his or her
2611		-	10 practice, as the Secretary may deem proper.
2612		-	11 (e) Such written notice and any notice in such proceedings
2613		-	12 thereafter may be served by delivery personally to the
2614		-	13 respondent, or by registered or certified mail to the
2615		-	14 licensee's address of record or email address of record. to
2616		-	15 the address last theretofore specified by the respondent in
2617		-	16 his or her last notification to the Secretary.
2618		-	17 (Source: P.A. 99-492, eff. 12-31-15.)
2619		-	18 (225 ILCS 25/25.1)
2620		-	19 (Section scheduled to be repealed on January 1, 2026)
2621		-	20 Sec. 25.1. Subpoena powers.
2622		-	21 (a) The Department, upon a determination by the
2623		-	22 chairperson of the Board that reasonable cause exists that a
2624		-	23 violation of one or more of the grounds for discipline set
2625		-	24 forth in Section 23 or Section 24 of this Act has occurred or
2626		-	25 is occurring, may subpoena, without patient consent, the
2627		-
2628		-
2629		-
2630		-
2631		-
2632		-	HB1805 Engrossed - 74 - LRB104 07526 AAS 17570 b
2633		-
2634		-
2635		-	HB1805 Engrossed- 75 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 75 - LRB104 07526 AAS 17570 b
2636		-	HB1805 Engrossed - 75 - LRB104 07526 AAS 17570 b
2637		-	1 dental records of individual patients of dentists and dental
2638		-	2 hygienists licensed under this Act.
2639		-	3 (b) Notwithstanding subsection (a) of this Section, the
2640		-	4 Board and the Department may subpoena copies of hospital,
2641		-	5 medical, or dental records in mandatory report cases alleging
2642		-	6 death or permanent bodily injury when consent to obtain the
2643		-	7 records has not been provided by a patient or a patient's legal
2644		-	8 representative. All records and other information received
2645		-	9 pursuant to a subpoena shall be confidential and shall be
2646		-	10 afforded the same status as information concerning medical
2647		-	11 studies under Part 21 of Article VIII of the Code of Civil
2648		-	12 Procedure. The use of these records shall be restricted to
2649		-	13 members of the Board, the dental coordinator, and appropriate
2650		-	14 Department staff designated by the Secretary for the purpose
2651		-	15 of determining the existence of one or more grounds for
2652		-	16 discipline of the dentist or dental hygienist as provided for
2653		-	17 in Section 23 or Section 24 of this Act.
2654		-	18 (c) Any review of an individual patient's records shall be
2655		-	19 conducted by the Department in strict confidentiality,
2656		-	20 provided that the patient records shall be admissible in a
2657		-	21 disciplinary hearing before the Secretary, the Board, or a
2658		-	22 hearing officer designated by the Department when necessary to
2659		-	23 substantiate the grounds for discipline alleged against the
2660		-	24 dentist or dental hygienist licensed under this Act.
2661		-	25 (d) The Department may provide reimbursement for fees and
2662		-	26 mileage associated with its subpoena power in the same manner
2663		-
2664		-
2665		-
2666		-
2667		-
2668		-	HB1805 Engrossed - 75 - LRB104 07526 AAS 17570 b
2669		-
2670		-
2671		-	HB1805 Engrossed- 76 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 76 - LRB104 07526 AAS 17570 b
2672		-	HB1805 Engrossed - 76 - LRB104 07526 AAS 17570 b
2673		-	1 prescribed by law for judicial procedure in a civil case.
2674		-	2 (e) Nothing in this Section shall be deemed to supersede
2675		-	3 the provisions of Part 21 of Article VIII of the Code of Civil
2676		-	4 Procedure, now or hereafter amended, to the extent applicable.
2677		-	5 (f) All information gathered by the Department during any
2678		-	6 investigation, including information subpoenaed under this Act
2679		-	7 and the investigative file, shall be kept for the confidential
2680		-	8 use of the Secretary, the dental coordinator, the Board's
2681		-	9 attorneys, the dental investigative staff, authorized clerical
2682		-	10 staff, and persons employed by contract to advise the dental
2683		-	11 coordinator or the Department as provided in this Act, except
2684		-	12 that the Department may disclose information and documents to
2685		-	13 (i) a federal, State, or local law enforcement agency pursuant
2686		-	14 to a subpoena in an ongoing criminal investigation or (ii) a
2687		-	15 dental licensing authority of another state or jurisdiction
2688		-	16 pursuant to an official request made by that authority. Any
2689		-	17 information or documents disclosed by the Department to a
2690		-	18 federal, State, or local law enforcement agency may only be
2691		-	19 used by that agency for the investigation and prosecution of a
2692		-	20 criminal offense. Any information or documents disclosed by
2693		-	21 the Department to a dental licensing authority of another
2694		-	22 state or jurisdiction may only be used by that authority for
2695		-	23 investigations and disciplinary proceedings with regards to a
2696		-	24 license.
2697		-	25 This subsection (f) applies only to causes of action
2698		-	26 accruing on or after the effective date of this amendatory Act
2699		-
2700		-
2701		-
2702		-
2703		-
2704		-	HB1805 Engrossed - 76 - LRB104 07526 AAS 17570 b
2705		-
2706		-
2707		-	HB1805 Engrossed- 77 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 77 - LRB104 07526 AAS 17570 b
2708		-	HB1805 Engrossed - 77 - LRB104 07526 AAS 17570 b
2709		-	1 of the 96th General Assembly.
2710		-	2 (Source: P.A. 96-1221, eff. 7-23-10.)
2711		-	3 (225 ILCS 25/26) (from Ch. 111, par. 2326)
2712		-	4 (Section scheduled to be repealed on January 1, 2026)
2713		-	5 Sec. 26. Disciplinary actions.
2714		-	6 (a) In case the respondent, after receiving notice, fails
2715		-	7 to file an answer, the respondent's his or her license may, in
2716		-	8 the discretion of the Secretary, having first received the
2717		-	9 recommendation of the Board, be suspended, revoked, placed on
2718		-	10 probationary status, or the Secretary may take whatever
2719		-	11 disciplinary or non-disciplinary action the Secretary he or
2720		-	12 she may deem proper, including limiting the scope, nature, or
2721		-	13 extent of the person's practice or the imposition of a fine,
2722		-	14 without a hearing, if the act or acts charged constitute
2723		-	15 sufficient grounds for such action under this Act.
2724		-	16 (b) The Secretary may temporarily suspend the license of a
2725		-	17 dentist or dental hygienist without a hearing, simultaneous to
2726		-	18 the institution of proceedings for a hearing under this Act,
2727		-	19 if the Secretary finds that evidence in the Secretary's his or
2728		-	20 her possession indicates that a dentist's or dental
2729		-	21 hygienist's continuation in practice would constitute an
2730		-	22 immediate danger to the public. In the event that the
2731		-	23 Secretary temporarily suspends the license of a dentist or a
2732		-	24 dental hygienist without a hearing, a hearing by the Board
2733		-	25 must be held within 15 days after such suspension has
2734		-
2735		-
2736		-
2737		-
2738		-
2739		-	HB1805 Engrossed - 77 - LRB104 07526 AAS 17570 b
2740		-
2741		-
2742		-	HB1805 Engrossed- 78 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 78 - LRB104 07526 AAS 17570 b
2743		-	HB1805 Engrossed - 78 - LRB104 07526 AAS 17570 b
2744		-	1 occurred.
2745		-	2 (c) The entry of a judgment by any circuit court
2746		-	3 establishing that any person holding a license under this Act
2747		-	4 is a person subject to involuntary admission under the Mental
2748		-	5 Health and Developmental Disabilities Code shall operate as a
2749		-	6 suspension of that license. That person may resume the
2750		-	7 person's his or her practice only upon a finding by the Board
2751		-	8 that the person he or she has been determined to be no longer
2752		-	9 subject to involuntary admission by the court and upon the
2753		-	10 Board's recommendation to the Secretary that the person he or
2754		-	11 she be permitted to resume the person's his or her practice.
2755		-	12 (Source: P.A. 99-492, eff. 12-31-15.)
2756		-	13 (225 ILCS 25/29) (from Ch. 111, par. 2329)
2757		-	14 (Section scheduled to be repealed on January 1, 2026)
2758		-	15 Sec. 29. Recommendations for disciplinary action; action
2759		-	16 action - action by Secretary. The Board may advise the
2760		-	17 Secretary that probation be granted or that other disciplinary
2761		-	18 action, including the limitation of the scope, nature or
2762		-	19 extent of a person's practice, be taken, as it deems proper. If
2763		-	20 disciplinary action other than suspension or revocation is
2764		-	21 taken, the Board may advise that the Secretary impose
2765		-	22 reasonable limitations and requirements upon the respondent to
2766		-	23 insure compliance with the terms of the probation or other
2767		-	24 disciplinary action, including, but not limited to, regular
2768		-	25 reporting by the respondent to the Secretary of the
2769		-
2770		-
2771		-
2772		-
2773		-
2774		-	HB1805 Engrossed - 78 - LRB104 07526 AAS 17570 b
2775		-
2776		-
2777		-	HB1805 Engrossed- 79 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 79 - LRB104 07526 AAS 17570 b
2778		-	HB1805 Engrossed - 79 - LRB104 07526 AAS 17570 b
2779		-	1 respondent's his or her actions, or the respondent's placing
2780		-	2 himself or herself under the care of a qualified physician for
2781		-	3 treatment or limiting the respondent's his or her practice in
2782		-	4 such manner as the Secretary may require.
2783		-	5 The Board shall present to the Secretary a written report
2784		-	6 of its findings and recommendations. A copy of such report
2785		-	7 shall be served upon the respondent, either personally, or by
2786		-	8 registered or certified mail to the licensee's address of
2787		-	9 record, or by email to the licensee's email address of record.
2788		-	10 Within 20 days after such service, the respondent may present
2789		-	11 to the Department a his or her motion in writing for a
2790		-	12 rehearing, specifying the particular ground therefor. If the
2791		-	13 respondent orders from the reporting service and pays for a
2792		-	14 transcript of the record, the time elapsing thereafter and
2793		-	15 before such transcript is ready for delivery to the respondent
2794		-	16 him or her shall not be counted as part of such 20 days.
2795		-	17 At the expiration of the time allowed for filing a motion
2796		-	18 for rehearing the Secretary may take the action recommended by
2797		-	19 the Board. Upon suspension, revocation, placement on
2798		-	20 probationary status, or the taking of any other disciplinary
2799		-	21 action, including the limiting of the scope, nature, or extent
2800		-	22 of one's practice, deemed proper by the Secretary, with regard
2801		-	23 to the license, the respondent shall surrender the
2802		-	24 respondent's his or her license to the Department, if ordered
2803		-	25 to do so by the Department, and upon the respondent's his or
2804		-	26 her failure or refusal to do so, the Department may seize the
2805		-
2806		-
2807		-
2808		-
2809		-
2810		-	HB1805 Engrossed - 79 - LRB104 07526 AAS 17570 b
2811		-
2812		-
2813		-	HB1805 Engrossed- 80 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 80 - LRB104 07526 AAS 17570 b
2814		-	HB1805 Engrossed - 80 - LRB104 07526 AAS 17570 b
2815		-	1 same.
2816		-	2 In all instances under this Act in which the Board has
2817		-	3 rendered a recommendation to the Secretary with respect to a
2818		-	4 particular person, the Secretary shall, to the extent that the
2819		-	5 Secretary he or she disagrees with or takes action contrary to
2820		-	6 the recommendation of the Board, file with the Board the his or
2821		-	7 her specific written reasons of disagreement. Such reasons
2822		-	8 shall be filed within 30 days after the Secretary has taken the
2823		-	9 contrary position.
2824		-	10 Each order of revocation, suspension, or other
2825		-	11 disciplinary action shall contain a brief, concise statement
2826		-	12 of the ground or grounds upon which the Department's action is
2827		-	13 based, as well as the specific terms and conditions of such
2828		-	14 action. The original of this document shall be retained as a
2829		-	15 permanent record by the Board and the Department. In those
2830		-	16 instances where an order of revocation, suspension, or other
2831		-	17 disciplinary action has been rendered by virtue of a dentist's
2832		-	18 or dental hygienist's physical illness, including, but not
2833		-	19 limited to, deterioration through the aging process, or loss
2834		-	20 of motor skill which results in an inability to practice with
2835		-	21 reasonable judgment, skill, or safety, the Department shall
2836		-	22 permit only this document and the record of the hearing
2837		-	23 incident thereto to be observed, inspected, viewed, or copied
2838		-	24 pursuant to court order.
	2477	+	20 Any dental hygienist who has had a his or her license
	2478	+	21 suspended or revoked for more than 5 years must comply with the
	2479	+	22 requirements for restoration set forth in Section 16 prior to
	2480	+	23 being eligible for reinstatement from the suspension or
	2481	+	24 revocation.
2839	2482		25 (Source: P.A. 99-492, eff. 12-31-15.)
2840	2483
2841	2484
2842	2485
2843	2486
2844	2487
2845		-	HB1805 Engrossed - 80 - LRB104 07526 AAS 17570 b
2846		-
2847		-
2848		-	HB1805 Engrossed- 81 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 81 - LRB104 07526 AAS 17570 b
2849		-	HB1805 Engrossed - 81 - LRB104 07526 AAS 17570 b
	2488	+	HB1805 - 69 - LRB104 07526 AAS 17570 b
	2489	+
	2490	+
	2491	+	HB1805- 70 -LRB104 07526 AAS 17570 b HB1805 - 70 - LRB104 07526 AAS 17570 b
	2492	+	HB1805 - 70 - LRB104 07526 AAS 17570 b
	2493	+	1 (225 ILCS 25/25) (from Ch. 111, par. 2325)
	2494	+	2 (Section scheduled to be repealed on January 1, 2026)
	2495	+	3 Sec. 25. Notice of hearing; investigations and informal
	2496	+	4 conferences.
	2497	+	5 (a) Upon the motion of either the Department or the Board
	2498	+	6 or upon the verified complaint in writing of any person
	2499	+	7 setting forth facts which if proven would constitute grounds
	2500	+	8 for refusal, suspension or revocation of license under this
	2501	+	9 Act, the Board shall investigate the actions of any person,
	2502	+	10 hereinafter called the respondent, who holds or represents
	2503	+	11 that the person he or she holds a license. All such motions or
	2504	+	12 complaints shall be brought to the Board.
	2505	+	13 (b) Prior to taking an in-person statement from a dentist
	2506	+	14 or dental hygienist who is the subject of a complaint, the
	2507	+	15 investigator shall inform the dentist or the dental hygienist
	2508	+	16 in writing:
	2509	+	17 (1) that the dentist or dental hygienist is the
	2510	+	18 subject of a complaint;
	2511	+	19 (2) that the dentist or dental hygienist need not
	2512	+	20 immediately proceed with the interview and may seek
	2513	+	21 appropriate consultation prior to consenting to the
	2514	+	22 interview; and
	2515	+	23 (3) that failure of the dentist or dental hygienist to
	2516	+	24 proceed with the interview shall not prohibit the
	2517	+	25 Department from conducting a visual inspection of the
	2518	+	26 facility.
	2519	+
	2520	+
	2521	+
	2522	+
	2523	+
	2524	+	HB1805 - 70 - LRB104 07526 AAS 17570 b
	2525	+
	2526	+
	2527	+	HB1805- 71 -LRB104 07526 AAS 17570 b HB1805 - 71 - LRB104 07526 AAS 17570 b
	2528	+	HB1805 - 71 - LRB104 07526 AAS 17570 b
	2529	+	1 A Department investigator's failure to comply with this
	2530	+	2 subsection may not be the sole ground for dismissal of any
	2531	+	3 order of the Department filed upon a finding of a violation or
	2532	+	4 for dismissal of a pending investigation.
	2533	+	5 (b-5) The duly authorized dental investigators of the
	2534	+	6 Department shall have the right to enter and inspect, during
	2535	+	7 business hours, the business premises of a dentist licensed
	2536	+	8 under this Act or of a person who holds himself or herself out
	2537	+	9 as practicing dentistry, with due consideration for patient
	2538	+	10 care of the subject of the investigation, so as to inspect the
	2539	+	11 physical premises and equipment and furnishings therein. This
	2540	+	12 right of inspection shall not include inspection of business,
	2541	+	13 medical, or personnel records located on the premises without
	2542	+	14 a Department subpoena issued in accordance with Section 25.1
	2543	+	15 of this Act or Section 2105-105 of the Department of
	2544	+	16 Professional Regulation Law of the Civil Administrative Code
	2545	+	17 of Illinois. For the purposes of this Section, "business
	2546	+	18 premises" means the office or offices where the dentist
	2547	+	19 conducts the practice of dentistry.
	2548	+	20 (c) If the Department concludes on the basis of a
	2549	+	21 complaint or its initial investigation that there is a
	2550	+	22 possible violation of the Act, the Department may:
	2551	+	23 (1) schedule a hearing pursuant to this Act; or
	2552	+	24 (2) request in writing that the dentist or dental
	2553	+	25 hygienist being investigated attend an informal conference
	2554	+	26 with representatives of the Department.
	2555	+
	2556	+
	2557	+
	2558	+
	2559	+
	2560	+	HB1805 - 71 - LRB104 07526 AAS 17570 b
	2561	+
	2562	+
	2563	+	HB1805- 72 -LRB104 07526 AAS 17570 b HB1805 - 72 - LRB104 07526 AAS 17570 b
	2564	+	HB1805 - 72 - LRB104 07526 AAS 17570 b
	2565	+	1 The request for an informal conference shall contain the
	2566	+	2 nature of the alleged actions or inactions that constitute the
	2567	+	3 possible violations.
	2568	+	4 A dentist or dental hygienist shall be allowed to have
	2569	+	5 legal counsel at the informal conference. If the informal
	2570	+	6 conference results in a consent order between the accused
	2571	+	7 dentist or dental hygienist and the Department, the consent
	2572	+	8 order must be approved by the Secretary. However, if the
	2573	+	9 consent order would result in a fine exceeding $10,000 or the
	2574	+	10 suspension or revocation of the dentist or dental hygienist
	2575	+	11 license, the consent order must be approved by the Board and
	2576	+	12 the Secretary. Participation in the informal conference by a
	2577	+	13 dentist, a dental hygienist, or the Department and any
	2578	+	14 admissions or stipulations made by a dentist, a dental
	2579	+	15 hygienist, or the Department at the informal conference,
	2580	+	16 including any agreements in a consent order that is
	2581	+	17 subsequently disapproved by either the Board or the Secretary,
	2582	+	18 shall not be used against the dentist, dental hygienist, or
	2583	+	19 Department at any subsequent hearing and shall not become a
	2584	+	20 part of the record of the hearing.
	2585	+	21 (d) The Secretary shall, before suspending, revoking,
	2586	+	22 placing on probationary status, or taking any other
	2587	+	23 disciplinary action as the Secretary may deem proper with
	2588	+	24 regard to any license, at least 30 days prior to the date set
	2589	+	25 for the hearing, notify the respondent in writing of any
	2590	+	26 charges made and the time and place for a hearing of the
	2591	+
	2592	+
	2593	+
	2594	+
	2595	+
	2596	+	HB1805 - 72 - LRB104 07526 AAS 17570 b
	2597	+
	2598	+
	2599	+	HB1805- 73 -LRB104 07526 AAS 17570 b HB1805 - 73 - LRB104 07526 AAS 17570 b
	2600	+	HB1805 - 73 - LRB104 07526 AAS 17570 b
	2601	+	1 charges before the Board, direct the respondent him or her to
	2602	+	2 file the his or her written answer thereto to the Board under
	2603	+	3 oath within 20 days after the service on the respondent him or
	2604	+	4 her of such notice and inform the respondent him or her that if
	2605	+	5 the respondent he or she fails to file such answer, default
	2606	+	6 will be taken against the respondent him or her and the
	2607	+	7 respondent's his or her license may be suspended, revoked,
	2608	+	8 placed on probationary status, or other disciplinary action
	2609	+	9 may be taken with regard thereto, including limiting the
	2610	+	10 scope, nature or extent of the respondent's his or her
	2611	+	11 practice, as the Secretary may deem proper.
	2612	+	12 (e) Such written notice and any notice in such proceedings
	2613	+	13 thereafter may be served by delivery personally to the
	2614	+	14 respondent, or by registered or certified mail to the
	2615	+	15 licensee's address of record or email address of record. to
	2616	+	16 the address last theretofore specified by the respondent in
	2617	+	17 his or her last notification to the Secretary.
	2618	+	18 (Source: P.A. 99-492, eff. 12-31-15.)
	2619	+	19 (225 ILCS 25/25.1)
	2620	+	20 (Section scheduled to be repealed on January 1, 2026)
	2621	+	21 Sec. 25.1. Subpoena powers.
	2622	+	22 (a) The Department, upon a determination by the
	2623	+	23 chairperson of the Board that reasonable cause exists that a
	2624	+	24 violation of one or more of the grounds for discipline set
	2625	+	25 forth in Section 23 or Section 24 of this Act has occurred or
	2626	+
	2627	+
	2628	+
	2629	+
	2630	+
	2631	+	HB1805 - 73 - LRB104 07526 AAS 17570 b
	2632	+
	2633	+
	2634	+	HB1805- 74 -LRB104 07526 AAS 17570 b HB1805 - 74 - LRB104 07526 AAS 17570 b
	2635	+	HB1805 - 74 - LRB104 07526 AAS 17570 b
	2636	+	1 is occurring, may subpoena, without patient consent, the
	2637	+	2 dental records of individual patients of dentists and dental
	2638	+	3 hygienists licensed under this Act.
	2639	+	4 (b) Notwithstanding subsection (a) of this Section, the
	2640	+	5 Board and the Department may subpoena copies of hospital,
	2641	+	6 medical, or dental records in mandatory report cases alleging
	2642	+	7 death or permanent bodily injury when consent to obtain the
	2643	+	8 records has not been provided by a patient or a patient's legal
	2644	+	9 representative. All records and other information received
	2645	+	10 pursuant to a subpoena shall be confidential and shall be
	2646	+	11 afforded the same status as information concerning medical
	2647	+	12 studies under Part 21 of Article VIII of the Code of Civil
	2648	+	13 Procedure. The use of these records shall be restricted to
	2649	+	14 members of the Board, the dental coordinator, and appropriate
	2650	+	15 Department staff designated by the Secretary for the purpose
	2651	+	16 of determining the existence of one or more grounds for
	2652	+	17 discipline of the dentist or dental hygienist as provided for
	2653	+	18 in Section 23 or Section 24 of this Act.
	2654	+	19 (c) Any review of an individual patient's records shall be
	2655	+	20 conducted by the Department in strict confidentiality,
	2656	+	21 provided that the patient records shall be admissible in a
	2657	+	22 disciplinary hearing before the Secretary, the Board, or a
	2658	+	23 hearing officer designated by the Department when necessary to
	2659	+	24 substantiate the grounds for discipline alleged against the
	2660	+	25 dentist or dental hygienist licensed under this Act.
	2661	+	26 (d) The Department may provide reimbursement for fees and
	2662	+
	2663	+
	2664	+
	2665	+
	2666	+
	2667	+	HB1805 - 74 - LRB104 07526 AAS 17570 b
	2668	+
	2669	+
	2670	+	HB1805- 75 -LRB104 07526 AAS 17570 b HB1805 - 75 - LRB104 07526 AAS 17570 b
	2671	+	HB1805 - 75 - LRB104 07526 AAS 17570 b
	2672	+	1 mileage associated with its subpoena power in the same manner
	2673	+	2 prescribed by law for judicial procedure in a civil case.
	2674	+	3 (e) Nothing in this Section shall be deemed to supersede
	2675	+	4 the provisions of Part 21 of Article VIII of the Code of Civil
	2676	+	5 Procedure, now or hereafter amended, to the extent applicable.
	2677	+	6 (f) All information gathered by the Department during any
	2678	+	7 investigation, including information subpoenaed under this Act
	2679	+	8 and the investigative file, shall be kept for the confidential
	2680	+	9 use of the Secretary, the dental coordinator, the Board's
	2681	+	10 attorneys, the dental investigative staff, authorized clerical
	2682	+	11 staff, and persons employed by contract to advise the dental
	2683	+	12 coordinator or the Department as provided in this Act, except
	2684	+	13 that the Department may disclose information and documents to
	2685	+	14 (i) a federal, State, or local law enforcement agency pursuant
	2686	+	15 to a subpoena in an ongoing criminal investigation or (ii) a
	2687	+	16 dental licensing authority of another state or jurisdiction
	2688	+	17 pursuant to an official request made by that authority. Any
	2689	+	18 information or documents disclosed by the Department to a
	2690	+	19 federal, State, or local law enforcement agency may only be
	2691	+	20 used by that agency for the investigation and prosecution of a
	2692	+	21 criminal offense. Any information or documents disclosed by
	2693	+	22 the Department to a dental licensing authority of another
	2694	+	23 state or jurisdiction may only be used by that authority for
	2695	+	24 investigations and disciplinary proceedings with regards to a
	2696	+	25 license.
	2697	+	26 This subsection (f) applies only to causes of action
	2698	+
	2699	+
	2700	+
	2701	+
	2702	+
	2703	+	HB1805 - 75 - LRB104 07526 AAS 17570 b
	2704	+
	2705	+
	2706	+	HB1805- 76 -LRB104 07526 AAS 17570 b HB1805 - 76 - LRB104 07526 AAS 17570 b
	2707	+	HB1805 - 76 - LRB104 07526 AAS 17570 b
	2708	+	1 accruing on or after the effective date of this amendatory Act
	2709	+	2 of the 96th General Assembly.
	2710	+	3 (Source: P.A. 96-1221, eff. 7-23-10.)
	2711	+	4 (225 ILCS 25/26) (from Ch. 111, par. 2326)
	2712	+	5 (Section scheduled to be repealed on January 1, 2026)
	2713	+	6 Sec. 26. Disciplinary actions.
	2714	+	7 (a) In case the respondent, after receiving notice, fails
	2715	+	8 to file an answer, the respondent's his or her license may, in
	2716	+	9 the discretion of the Secretary, having first received the
	2717	+	10 recommendation of the Board, be suspended, revoked, placed on
	2718	+	11 probationary status, or the Secretary may take whatever
	2719	+	12 disciplinary or non-disciplinary action the Secretary he or
	2720	+	13 she may deem proper, including limiting the scope, nature, or
	2721	+	14 extent of the person's practice or the imposition of a fine,
	2722	+	15 without a hearing, if the act or acts charged constitute
	2723	+	16 sufficient grounds for such action under this Act.
	2724	+	17 (b) The Secretary may temporarily suspend the license of a
	2725	+	18 dentist or dental hygienist without a hearing, simultaneous to
	2726	+	19 the institution of proceedings for a hearing under this Act,
	2727	+	20 if the Secretary finds that evidence in the Secretary's his or
	2728	+	21 her possession indicates that a dentist's or dental
	2729	+	22 hygienist's continuation in practice would constitute an
	2730	+	23 immediate danger to the public. In the event that the
	2731	+	24 Secretary temporarily suspends the license of a dentist or a
	2732	+	25 dental hygienist without a hearing, a hearing by the Board
	2733	+
	2734	+
	2735	+
	2736	+
	2737	+
	2738	+	HB1805 - 76 - LRB104 07526 AAS 17570 b
	2739	+
	2740	+
	2741	+	HB1805- 77 -LRB104 07526 AAS 17570 b HB1805 - 77 - LRB104 07526 AAS 17570 b
	2742	+	HB1805 - 77 - LRB104 07526 AAS 17570 b
	2743	+	1 must be held within 15 days after such suspension has
	2744	+	2 occurred.
	2745	+	3 (c) The entry of a judgment by any circuit court
	2746	+	4 establishing that any person holding a license under this Act
	2747	+	5 is a person subject to involuntary admission under the Mental
	2748	+	6 Health and Developmental Disabilities Code shall operate as a
	2749	+	7 suspension of that license. That person may resume the
	2750	+	8 person's his or her practice only upon a finding by the Board
	2751	+	9 that the person he or she has been determined to be no longer
	2752	+	10 subject to involuntary admission by the court and upon the
	2753	+	11 Board's recommendation to the Secretary that the person he or
	2754	+	12 she be permitted to resume the person's his or her practice.
	2755	+	13 (Source: P.A. 99-492, eff. 12-31-15.)
	2756	+	14 (225 ILCS 25/29) (from Ch. 111, par. 2329)
	2757	+	15 (Section scheduled to be repealed on January 1, 2026)
	2758	+	16 Sec. 29. Recommendations for disciplinary action; action
	2759	+	17 action - action by Secretary. The Board may advise the
	2760	+	18 Secretary that probation be granted or that other disciplinary
	2761	+	19 action, including the limitation of the scope, nature or
	2762	+	20 extent of a person's practice, be taken, as it deems proper. If
	2763	+	21 disciplinary action other than suspension or revocation is
	2764	+	22 taken, the Board may advise that the Secretary impose
	2765	+	23 reasonable limitations and requirements upon the respondent to
	2766	+	24 insure compliance with the terms of the probation or other
	2767	+	25 disciplinary action, including, but not limited to, regular
	2768	+
	2769	+
	2770	+
	2771	+
	2772	+
	2773	+	HB1805 - 77 - LRB104 07526 AAS 17570 b
	2774	+
	2775	+
	2776	+	HB1805- 78 -LRB104 07526 AAS 17570 b HB1805 - 78 - LRB104 07526 AAS 17570 b
	2777	+	HB1805 - 78 - LRB104 07526 AAS 17570 b
	2778	+	1 reporting by the respondent to the Secretary of the
	2779	+	2 respondent's his or her actions, or the respondent's placing
	2780	+	3 himself or herself under the care of a qualified physician for
	2781	+	4 treatment or limiting the respondent's his or her practice in
	2782	+	5 such manner as the Secretary may require.
	2783	+	6 The Board shall present to the Secretary a written report
	2784	+	7 of its findings and recommendations. A copy of such report
	2785	+	8 shall be served upon the respondent, either personally, or by
	2786	+	9 registered or certified mail to the licensee's address of
	2787	+	10 record, or by email to the licensee's email address of record.
	2788	+	11 Within 20 days after such service, the respondent may present
	2789	+	12 to the Department a his or her motion in writing for a
	2790	+	13 rehearing, specifying the particular ground therefor. If the
	2791	+	14 respondent orders from the reporting service and pays for a
	2792	+	15 transcript of the record, the time elapsing thereafter and
	2793	+	16 before such transcript is ready for delivery to the respondent
	2794	+	17 him or her shall not be counted as part of such 20 days.
	2795	+	18 At the expiration of the time allowed for filing a motion
	2796	+	19 for rehearing the Secretary may take the action recommended by
	2797	+	20 the Board. Upon suspension, revocation, placement on
	2798	+	21 probationary status, or the taking of any other disciplinary
	2799	+	22 action, including the limiting of the scope, nature, or extent
	2800	+	23 of one's practice, deemed proper by the Secretary, with regard
	2801	+	24 to the license, the respondent shall surrender the
	2802	+	25 respondent's his or her license to the Department, if ordered
	2803	+	26 to do so by the Department, and upon the respondent's his or
	2804	+
	2805	+
	2806	+
	2807	+
	2808	+
	2809	+	HB1805 - 78 - LRB104 07526 AAS 17570 b
	2810	+
	2811	+
	2812	+	HB1805- 79 -LRB104 07526 AAS 17570 b HB1805 - 79 - LRB104 07526 AAS 17570 b
	2813	+	HB1805 - 79 - LRB104 07526 AAS 17570 b
	2814	+	1 her failure or refusal to do so, the Department may seize the
	2815	+	2 same.
	2816	+	3 In all instances under this Act in which the Board has
	2817	+	4 rendered a recommendation to the Secretary with respect to a
	2818	+	5 particular person, the Secretary shall, to the extent that the
	2819	+	6 Secretary he or she disagrees with or takes action contrary to
	2820	+	7 the recommendation of the Board, file with the Board the his or
	2821	+	8 her specific written reasons of disagreement. Such reasons
	2822	+	9 shall be filed within 30 days after the Secretary has taken the
	2823	+	10 contrary position.
	2824	+	11 Each order of revocation, suspension, or other
	2825	+	12 disciplinary action shall contain a brief, concise statement
	2826	+	13 of the ground or grounds upon which the Department's action is
	2827	+	14 based, as well as the specific terms and conditions of such
	2828	+	15 action. The original of this document shall be retained as a
	2829	+	16 permanent record by the Board and the Department. In those
	2830	+	17 instances where an order of revocation, suspension, or other
	2831	+	18 disciplinary action has been rendered by virtue of a dentist's
	2832	+	19 or dental hygienist's physical illness, including, but not
	2833	+	20 limited to, deterioration through the aging process, or loss
	2834	+	21 of motor skill which results in an inability to practice with
	2835	+	22 reasonable judgment, skill, or safety, the Department shall
	2836	+	23 permit only this document and the record of the hearing
	2837	+	24 incident thereto to be observed, inspected, viewed, or copied
	2838	+	25 pursuant to court order.
	2839	+	26 (Source: P.A. 99-492, eff. 12-31-15.)
	2840	+
	2841	+
	2842	+
	2843	+
	2844	+
	2845	+	HB1805 - 79 - LRB104 07526 AAS 17570 b
	2846	+
	2847	+
	2848	+	HB1805- 80 -LRB104 07526 AAS 17570 b HB1805 - 80 - LRB104 07526 AAS 17570 b
	2849	+	HB1805 - 80 - LRB104 07526 AAS 17570 b
2850	2850		1 (225 ILCS 25/30) (from Ch. 111, par. 2330)
2851	2851		2 (Section scheduled to be repealed on January 1, 2026)
2852	2852		3 Sec. 30. Appointment of a hearing officer. The Secretary
2853	2853		4 shall have the authority to appoint any attorney duly licensed
2854	2854		5 to practice law in the State of Illinois to serve as the
2855	2855		6 hearing officer if any action for refusal to issue, renew or
2856	2856		7 discipline of a license. The hearing officer shall have full
2857	2857		8 authority to conduct the hearing. The hearing officer shall
2858	2858		9 report his or her findings and recommendations to the Board
2859	2859		10 and the Secretary. The Board shall have 60 days from receipt of
2860	2860		11 the report to review the report of the hearing officer and
2861	2861		12 present its findings of fact, conclusions of law and
2862	2862		13 recommendations to the Secretary. If the Board fails to
2863	2863		14 present its report within the 60 day period, the Secretary
2864	2864		15 shall issue an order based on the report of the hearing
2865	2865		16 officer.
2866	2866		17 Whenever the Secretary is satisfied that substantial
2867	2867		18 justice has not been done in a formal disciplinary action or
2868	2868		19 refusal to restore a license, the Secretary he or she may order
2869	2869		20 a reexamination or rehearing by the same or other hearing
2870	2870		21 officer.
2871	2871		22 (Source: P.A. 99-492, eff. 12-31-15.)
2872	2872		23 (225 ILCS 25/32) (from Ch. 111, par. 2332)
2873	2873		24 (Section scheduled to be repealed on January 1, 2026)
2874		-	25 Sec. 32. Administrative Review Law; application. All final
2875		-
2876		-
2877		-
2878		-
2879		-
2880		-	HB1805 Engrossed - 81 - LRB104 07526 AAS 17570 b
2881		-
2882		-
2883		-	HB1805 Engrossed- 82 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 82 - LRB104 07526 AAS 17570 b
2884		-	HB1805 Engrossed - 82 - LRB104 07526 AAS 17570 b
2885		-	1 administrative decisions of the Department are subject to
2886		-	2 judicial review pursuant to the provisions of the
2887		-	3 Administrative Review Law, and the rules adopted pursuant
2888		-	4 thereto. The term "administrative decision" is defined as in
2889		-	5 Section 3-101 of the Code of Civil Procedure.
2890		-	6 Proceedings for judicial review shall be commenced in the
2891		-	7 circuit court of the county in which the party applying for
2892		-	8 review resides, but if the party is not a resident of this
2893		-	9 State, the venue shall be in Sangamon County.
2894		-	10 The Department shall not be required to certify any record
2895		-	11 to the court or file any answer in court or otherwise appear in
2896		-	12 any court in a judicial review proceeding, unless and until
2897		-	13 the Department has received from the plaintiff payment of the
2898		-	14 costs of furnishing and certifying the record, which costs
2899		-	15 shall be determined by the Department. Exhibits shall be
2900		-	16 certified without cost. Failure on the part of the plaintiff
2901		-	17 to file a receipt in court shall be grounds for dismissal of
2902		-	18 the action. During the pendency and hearing of any and all
2903		-	19 judicial proceedings incident to a disciplinary action any
2904		-	20 sanctions imposed upon the respondent by the Department
2905		-	21 because of acts or omissions related to the delivery of direct
2906		-	22 patient care as specified in the Department's final
2907		-	23 administrative decision, shall as a matter of public policy
2908		-	24 remain in full force and effect in order to protect the public
2909		-	25 pending final resolution of any of the proceedings.
2910		-	26 (Source: P.A. 97-1013, eff. 8-17-12.)
2911		-
2912		-
2913		-
2914		-
2915		-
2916		-	HB1805 Engrossed - 82 - LRB104 07526 AAS 17570 b
2917		-
2918		-
2919		-	HB1805 Engrossed- 83 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 83 - LRB104 07526 AAS 17570 b
2920		-	HB1805 Engrossed - 83 - LRB104 07526 AAS 17570 b
2921		-	1 (225 ILCS 25/34) (from Ch. 111, par. 2334)
2922		-	2 (Section scheduled to be repealed on January 1, 2026)
2923		-	3 Sec. 34. Confidential information; disclosure information -
2924		-	4 disclosure. In all hearings conducted under this Act,
2925		-	5 information received, pursuant to law, relating to any
2926		-	6 information acquired by a dentist or dental hygienist in
2927		-	7 attending any patient in a professional character, and
2928		-	8 necessary to professionally serve such patient, shall be
2929		-	9 deemed strictly confidential and shall only be made available,
2930		-	10 either as part of the record of a hearing hereunder or
2931		-	11 otherwise: (1) when such record is required, in its entirety,
2932		-	12 for purposes of judicial review pursuant to this Act; or (2)
2933		-	13 upon the express, written consent of the patient, or in the
2934		-	14 case of the patient's his or her death or disability, the
2935		-	15 patient's his or her personal representative.
2936		-	16 (Source: P.A. 84-365.)
2937		-	17 (225 ILCS 25/38.2)
	2874	+
	2875	+
	2876	+
	2877	+
	2878	+
	2879	+	HB1805 - 80 - LRB104 07526 AAS 17570 b
	2880	+
	2881	+
	2882	+	HB1805- 81 -LRB104 07526 AAS 17570 b HB1805 - 81 - LRB104 07526 AAS 17570 b
	2883	+	HB1805 - 81 - LRB104 07526 AAS 17570 b
	2884	+	1 Sec. 32. Administrative Review Law; application. All final
	2885	+	2 administrative decisions of the Department are subject to
	2886	+	3 judicial review pursuant to the provisions of the
	2887	+	4 Administrative Review Law, and the rules adopted pursuant
	2888	+	5 thereto. The term "administrative decision" is defined as in
	2889	+	6 Section 3-101 of the Code of Civil Procedure.
	2890	+	7 Proceedings for judicial review shall be commenced in the
	2891	+	8 circuit court of the county in which the party applying for
	2892	+	9 review resides, but if the party is not a resident of this
	2893	+	10 State, the venue shall be in Sangamon County.
	2894	+	11 The Department shall not be required to certify any record
	2895	+	12 to the court or file any answer in court or otherwise appear in
	2896	+	13 any court in a judicial review proceeding, unless and until
	2897	+	14 the Department has received from the plaintiff payment of the
	2898	+	15 costs of furnishing and certifying the record, which costs
	2899	+	16 shall be determined by the Department. Exhibits shall be
	2900	+	17 certified without cost. Failure on the part of the plaintiff
	2901	+	18 to file a receipt in court shall be grounds for dismissal of
	2902	+	19 the action. During the pendency and hearing of any and all
	2903	+	20 judicial proceedings incident to a disciplinary action any
	2904	+	21 sanctions imposed upon the respondent by the Department
	2905	+	22 because of acts or omissions related to the delivery of direct
	2906	+	23 patient care as specified in the Department's final
	2907	+	24 administrative decision, shall as a matter of public policy
	2908	+	25 remain in full force and effect in order to protect the public
	2909	+	26 pending final resolution of any of the proceedings.
	2910	+
	2911	+
	2912	+
	2913	+
	2914	+
	2915	+	HB1805 - 81 - LRB104 07526 AAS 17570 b
	2916	+
	2917	+
	2918	+	HB1805- 82 -LRB104 07526 AAS 17570 b HB1805 - 82 - LRB104 07526 AAS 17570 b
	2919	+	HB1805 - 82 - LRB104 07526 AAS 17570 b
	2920	+	1 (Source: P.A. 97-1013, eff. 8-17-12.)
	2921	+	2 (225 ILCS 25/34) (from Ch. 111, par. 2334)
	2922	+	3 (Section scheduled to be repealed on January 1, 2026)
	2923	+	4 Sec. 34. Confidential information; disclosure information -
	2924	+	5 disclosure. In all hearings conducted under this Act,
	2925	+	6 information received, pursuant to law, relating to any
	2926	+	7 information acquired by a dentist or dental hygienist in
	2927	+	8 attending any patient in a professional character, and
	2928	+	9 necessary to professionally serve such patient, shall be
	2929	+	10 deemed strictly confidential and shall only be made available,
	2930	+	11 either as part of the record of a hearing hereunder or
	2931	+	12 otherwise: (1) when such record is required, in its entirety,
	2932	+	13 for purposes of judicial review pursuant to this Act; or (2)
	2933	+	14 upon the express, written consent of the patient, or in the
	2934	+	15 case of the patient's his or her death or disability, the
	2935	+	16 patient's his or her personal representative.
	2936	+	17 (Source: P.A. 84-365.)
	2937	+	18 (225 ILCS 25/38.2)
	2938	+	19 (Section scheduled to be repealed on January 1, 2026)
	2939	+	20 Sec. 38.2. Death or incapacitation of dentist.
	2940	+	21 (a) The executor or administrator of a dentist's estate or
	2941	+	22 the legal guardian or authorized representative of a dentist
	2942	+	23 who has become incapacitated may contract with another dentist
	2943	+	24 or dentists to continue the operations of the deceased or
	2944	+
	2945	+
	2946	+
	2947	+
	2948	+
	2949	+	HB1805 - 82 - LRB104 07526 AAS 17570 b
	2950	+
	2951	+
	2952	+	HB1805- 83 -LRB104 07526 AAS 17570 b HB1805 - 83 - LRB104 07526 AAS 17570 b
	2953	+	HB1805 - 83 - LRB104 07526 AAS 17570 b
	2954	+	1 incapacitated dentist's practice (if the practice of the
	2955	+	2 deceased or incapacitated dentist is a sole proprietorship, a
	2956	+	3 corporation where the deceased or incapacitated dentist is the
	2957	+	4 sole shareholder, or a limited liability company where the
	2958	+	5 deceased or incapacitated dentist is the sole member) for a
	2959	+	6 period of one year from the time of death or incapacitation of
	2960	+	7 the dentist or until the practice is sold, whichever occurs
	2961	+	8 first, if all the following conditions are met:
	2962	+	9 (1) The executor, administrator, guardian, or
	2963	+	10 authorized representative executes and files with the
	2964	+	11 Department a notification of death or incapacitation on a
	2965	+	12 form provided by the Department, which notification shall
	2966	+	13 include the following:
	2967	+	14 (A) the name and license number of the deceased or
	2968	+	15 incapacitated dentist;
	2969	+	16 (B) the name and address of the dental practice;
	2970	+	17 (C) the name, address, and tax identification
	2971	+	18 number of the estate;
	2972	+	19 (D) the name and license number of each dentist
	2973	+	20 who will operate the dental practice; and
	2974	+	21 (E) an affirmation, under penalty of perjury, that
	2975	+	22 the information provided is true and correct and that
	2976	+	23 the executor, administrator, guardian, or authorized
	2977	+	24 representative understands that any interference by
	2978	+	25 the executor, administrator, guardian, or authorized
	2979	+	26 representative or any agent or assignee of the
	2980	+
	2981	+
	2982	+
	2983	+
	2984	+
	2985	+	HB1805 - 83 - LRB104 07526 AAS 17570 b
	2986	+
	2987	+
	2988	+	HB1805- 84 -LRB104 07526 AAS 17570 b HB1805 - 84 - LRB104 07526 AAS 17570 b
	2989	+	HB1805 - 84 - LRB104 07526 AAS 17570 b
	2990	+	1 executor, administrator, guardian, or authorized
	2991	+	2 representative with the contracting dentist's or
	2992	+	3 dentists' practice of dentistry or professional
	2993	+	4 judgment or any other violation of this Section is
	2994	+	5 grounds for an immediate termination of the operations
	2995	+	6 of the dental practice.
	2996	+	7 (2) Within 30 days after the death or incapacitation
	2997	+	8 of a dentist, the executor, administrator, guardian, or
	2998	+	9 authorized representative shall send notification of the
	2999	+	10 death or incapacitation by mail to the last known address
	3000	+	11 of each patient of record that has seen the deceased or
	3001	+	12 incapacitated dentist within the previous 12 months, with
	3002	+	13 an explanation of how copies of the practitioner's records
	3003	+	14 may be obtained. This notice may also contain any other
	3004	+	15 relevant information concerning the continuation of the
	3005	+	16 dental practice.
	3006	+	17 Continuation of the operations of the dental practice of a
	3007	+	18 deceased or incapacitated dentist shall not begin until the
	3008	+	19 provisions of this subsection (a) have been met.
	3009	+	20 If the practice is not sold within the initial one-year
	3010	+	21 period, the provision described in subsection (a) may be
	3011	+	22 extended for additional 12-month periods by the Department.
	3012	+	23 However, if the extension is approved, the extension shall not
	3013	+	24 exceed 3 additional 12-month periods. Each extension must be
	3014	+	25 granted prior to the expiration date of the prior extension
	3015	+	26 and must be accompanied by a petition detailing the reasons
	3016	+
	3017	+
	3018	+
	3019	+
	3020	+
	3021	+	HB1805 - 84 - LRB104 07526 AAS 17570 b
	3022	+
	3023	+
	3024	+	HB1805- 85 -LRB104 07526 AAS 17570 b HB1805 - 85 - LRB104 07526 AAS 17570 b
	3025	+	HB1805 - 85 - LRB104 07526 AAS 17570 b
	3026	+	1 for the extension that must be kept on file by the Department.
	3027	+	2 (b) The Secretary may terminate the operations of a dental
	3028	+	3 practice operating pursuant to this Section if the Department
	3029	+	4 has evidence of a violation of this Section or Section 23 or 24
	3030	+	5 of this Act. The Secretary must conduct a hearing before
	3031	+	6 terminating the operations of a dental practice operating
	3032	+	7 pursuant to this Section. At least 15 days before the hearing
	3033	+	8 date, the Department (i) must notify, in writing, the
	3034	+	9 executor, administrator, guardian, or authorized
	3035	+	10 representative at the address provided, pursuant to item (C)
	3036	+	11 of subdivision (1) of subsection (a) of this Section, and to
	3037	+	12 the contracting dentist or dentists at the address of the
	3038	+	13 dental practice provided pursuant to item (B) of subdivision
	3039	+	14 (1) of subsection (a) of this Section, of any charges made and
	3040	+	15 of the time and place of the hearing on the charges before the
	3041	+	16 Secretary or hearing officer, as provided in Section 30 of
	3042	+	17 this Act, (ii) direct the executor, administrator, guardian,
	3043	+	18 or authorized representative to file a his or her written
	3044	+	19 answer to such charges with the Secretary under oath within 10
	3045	+	20 days after the service on the executor, administrator,
	3046	+	21 guardian, or authorized representative of the notice, and
	3047	+	22 (iii) inform the executor, administrator, guardian, or
	3048	+	23 authorized representative that if there is a failure he or she
	3049	+	24 fails to file such answer, a default judgment will be entered
	3050	+	25 against the executor, administrator, guardian, or authorized
	3051	+	26 representative him or her and the operations of the dental
	3052	+
	3053	+
	3054	+
	3055	+
	3056	+
	3057	+	HB1805 - 85 - LRB104 07526 AAS 17570 b
	3058	+
	3059	+
	3060	+	HB1805- 86 -LRB104 07526 AAS 17570 b HB1805 - 86 - LRB104 07526 AAS 17570 b
	3061	+	HB1805 - 86 - LRB104 07526 AAS 17570 b
	3062	+	1 practice shall be terminated.
	3063	+	2 (c) If the Secretary finds that evidence in the
	3064	+	3 Secretary's his or her possession indicates that a violation
	3065	+	4 of this Section or Section 23 or 24 of this Act constitutes an
	3066	+	5 immediate threat to the public health, safety, or welfare, the
	3067	+	6 Secretary may immediately terminate the operations of the
	3068	+	7 dental practice without a hearing. Upon service by certified
	3069	+	8 mail to the executor, administrator, guardian, or authorized
	3070	+	9 representative, at the address provided pursuant to item (C)
	3071	+	10 of subdivision (1) of subsection (a) of this Section, and the
	3072	+	11 contracting dentist or dentists, at the address of the dental
	3073	+	12 practice provided pursuant to item (B) of subdivision (1) of
	3074	+	13 subsection (a) of this Section, of notice of an order
	3075	+	14 immediately terminating the operations of the dental practice,
	3076	+	15 the executor, administrator, guardian, or authorized
	3077	+	16 representative may petition the Department within 30 days for
	3078	+	17 a hearing to take place within 30 days after the petition is
	3079	+	18 filed.
	3080	+	19 (d) The Department may require, by rule, the submission to
	3081	+	20 the Department of any additional information necessary for the
	3082	+	21 administration of this Section.
	3083	+	22 (Source: P.A. 101-162, eff. 7-26-19.)
	3084	+	23 (225 ILCS 25/40) (from Ch. 111, par. 2340)
	3085	+	24 (Section scheduled to be repealed on January 1, 2026)
	3086	+	25 Sec. 40. Filing license or diploma of another. Any person
	3087	+
	3088	+
	3089	+
	3090	+
	3091	+
	3092	+	HB1805 - 86 - LRB104 07526 AAS 17570 b
	3093	+
	3094	+
	3095	+	HB1805- 87 -LRB104 07526 AAS 17570 b HB1805 - 87 - LRB104 07526 AAS 17570 b
	3096	+	HB1805 - 87 - LRB104 07526 AAS 17570 b
	3097	+	1 filing or attempting to file as the person's his or her own the
	3098	+	2 diploma or license of another, or a forged affidavit of
	3099	+	3 identification or qualification, shall be deemed guilty of a
	3100	+	4 Class 3 felony, and upon conviction thereof, shall be subject
	3101	+	5 to such fine and imprisonment as is made and provided by the
	3102	+	6 statutes of this State for the crime of forgery.
	3103	+	7 (Source: P.A. 84-365.)
	3104	+	8 (225 ILCS 25/45) (from Ch. 111, par. 2345)
	3105	+	9 (Section scheduled to be repealed on January 1, 2026)
	3106	+	10 Sec. 45. Advertising. The purpose of this Section is to
	3107	+	11 authorize and regulate the advertisement by dentists of
	3108	+	12 information which is intended to provide the public with a
	3109	+	13 sufficient basis upon which to make an informed selection of
	3110	+	14 dentists while protecting the public from false or misleading
	3111	+	15 advertisements which would detract from the fair and rational
	3112	+	16 selection process.
	3113	+	17 Any dentist may advertise the availability of dental
	3114	+	18 services in the public media or on the premises where such
	3115	+	19 dental services are rendered. Such advertising shall be
	3116	+	20 limited to the following information:
	3117	+	21 (a) The dental services available;
	3118	+	22 (b) Publication of the dentist's name, title, office
	3119	+	23 hours, address and telephone;
	3120	+	24 (c) Information pertaining to the dentist's his or her
	3121	+	25 area of specialization, including appropriate board
	3122	+
	3123	+
	3124	+
	3125	+
	3126	+
	3127	+	HB1805 - 87 - LRB104 07526 AAS 17570 b
	3128	+
	3129	+
	3130	+	HB1805- 88 -LRB104 07526 AAS 17570 b HB1805 - 88 - LRB104 07526 AAS 17570 b
	3131	+	HB1805 - 88 - LRB104 07526 AAS 17570 b
	3132	+	1 certification or limitation of professional practice;
	3133	+	2 (d) Information on usual and customary fees for
	3134	+	3 routine dental services offered, which information shall
	3135	+	4 include notification that fees may be adjusted due to
	3136	+	5 complications or unforeseen circumstances;
	3137	+	6 (e) Announcement of the opening of, change of, absence
	3138	+	7 from, or return to business;
	3139	+	8 (f) Announcement of additions to or deletions from
	3140	+	9 professional dental staff;
	3141	+	10 (g) The issuance of business or appointment cards;
	3142	+	11 (h) Other information about the dentist, dentist's
	3143	+	12 practice or the types of dental services which the dentist
	3144	+	13 offers to perform which a reasonable person might regard
	3145	+	14 as relevant in determining whether to seek the dentist's
	3146	+	15 services. However, any advertisement which announces the
	3147	+	16 availability of endodontics, pediatric dentistry,
	3148	+	17 periodontics, prosthodontics, orthodontics and
	3149	+	18 dentofacial orthopedics, oral and maxillofacial surgery,
	3150	+	19 or oral and maxillofacial radiology by a general dentist
	3151	+	20 or by a licensed specialist who is not licensed in that
	3152	+	21 specialty shall include a disclaimer stating that the
	3153	+	22 dentist does not hold a license in that specialty.
	3154	+	23 Any dental practice with more than one location that
	3155	+	24 enrolls its dentist as a participating provider in a managed
	3156	+	25 care plan's network must verify electronically or in writing
	3157	+	26 to the managed care plan whether the provider is accepting new
	3158	+
	3159	+
	3160	+
	3161	+
	3162	+
	3163	+	HB1805 - 88 - LRB104 07526 AAS 17570 b
	3164	+
	3165	+
	3166	+	HB1805- 89 -LRB104 07526 AAS 17570 b HB1805 - 89 - LRB104 07526 AAS 17570 b
	3167	+	HB1805 - 89 - LRB104 07526 AAS 17570 b
	3168	+	1 patients at each of the specific locations listing the
	3169	+	2 provider. The health plan shall remove the provider from the
	3170	+	3 directory in accordance with standard practices within 10
	3171	+	4 business days after being notified of the changes by the
	3172	+	5 provider. Nothing in this paragraph shall void any contractual
	3173	+	6 relationship between the provider and the plan.
	3174	+	7 It is unlawful for any dentist licensed under this Act to
	3175	+	8 do any of the following:
	3176	+	9 (1) Use claims of superior quality of care to entice
	3177	+	10 the public.
	3178	+	11 (2) Advertise in any way to practice dentistry without
	3179	+	12 causing pain.
	3180	+	13 (3) Pay a fee to any dental referral service or other
	3181	+	14 third party who advertises a dental referral service,
	3182	+	15 unless all advertising of the dental referral service
	3183	+	16 makes it clear that dentists are paying a fee for that
	3184	+	17 referral service.
	3185	+	18 (4) Advertise or offer gifts as an inducement to
	3186	+	19 secure dental patronage. Dentists may advertise or offer
	3187	+	20 free examinations or free dental services; it shall be
	3188	+	21 unlawful, however, for any dentist to charge a fee to any
	3189	+	22 new patient for any dental service provided at the time
	3190	+	23 that such free examination or free dental services are
	3191	+	24 provided.
	3192	+	25 (5) Use the term "sedation dentistry" or similar terms
	3193	+	26 in advertising unless the advertising dentist holds a
	3194	+
	3195	+
	3196	+
	3197	+
	3198	+
	3199	+	HB1805 - 89 - LRB104 07526 AAS 17570 b
	3200	+
	3201	+
	3202	+	HB1805- 90 -LRB104 07526 AAS 17570 b HB1805 - 90 - LRB104 07526 AAS 17570 b
	3203	+	HB1805 - 90 - LRB104 07526 AAS 17570 b
	3204	+	1 valid and current permit issued by the Department to
	3205	+	2 administer either general anesthesia, deep sedation, or
	3206	+	3 moderate sedation as required under Section 8.1 of this
	3207	+	4 Act.
	3208	+	5 This Act does not authorize the advertising of dental
	3209	+	6 services when the offeror of such services is not a dentist.
	3210	+	7 Nor shall the dentist use statements which contain false,
	3211	+	8 fraudulent, deceptive or misleading material or guarantees of
	3212	+	9 success, statements which play upon the vanity or fears of the
	3213	+	10 public, or statements which promote or produce unfair
	3214	+	11 competition.
	3215	+	12 A dentist shall be required to keep a copy of all
	3216	+	13 advertisements for a period of 3 years. All advertisements in
	3217	+	14 the dentist's possession shall indicate the accurate date and
	3218	+	15 place of publication.
	3219	+	16 The Department shall adopt rules to carry out the intent
	3220	+	17 of this Section.
	3221	+	18 (Source: P.A. 103-628, eff. 7-1-24.)
	3222	+	19 (225 ILCS 25/45.5)
	3223	+	20 Sec. 45.5. Third-party financing for dental services.
	3224	+	21 (a) As used in this Section:
	3225	+	22 "Agent of a dentist" means a person or company that is
	3226	+	23 permitted, authorized, or contracted to act on behalf of or
	3227	+	24 with a dentist or dental office.
	3228	+	25 "Arrange for, broker, or establish" means submitting an
	3229	+
	3230	+
	3231	+
	3232	+
	3233	+
	3234	+	HB1805 - 90 - LRB104 07526 AAS 17570 b
	3235	+
	3236	+
	3237	+	HB1805- 91 -LRB104 07526 AAS 17570 b HB1805 - 91 - LRB104 07526 AAS 17570 b
	3238	+	HB1805 - 91 - LRB104 07526 AAS 17570 b
	3239	+	1 application to a third-party creditor, lender, or creditor's
	3240	+	2 intermediary for approval or rejection on behalf of a patient.
	3241	+	3 Submitting an application to a third-party creditor, lender,
	3242	+	4 or creditor's intermediary for approval or rejection includes
	3243	+	5 patient or a patient's guardian's use of a third-party
	3244	+	6 creditor's, lender's, or a creditor's intermediary's
	3245	+	7 patient-facing software, weblink, URL, or QR code that is
	3246	+	8 customized for with the branding of the dental practice.
	3247	+	9 "Arrange for, broker, or establish" does not mean the use of
	3248	+	10 third-party marketing or advertising materials that are not
	3249	+	11 customized for the dental practice.
	3250	+	12 "Financing extended by a third party" includes, but is not
	3251	+	13 limited to, an open end credit plan as defined under the
	3252	+	14 federal Truth-in-Lending Act (15 U.S.C. 1602), a line of
	3253	+	15 credit, or a loan offered or extended by a third party.
	3254	+	16 (b) A dentist, employee of a dentist, or agent of a dentist
	3255	+	17 may not arrange for, broker, or establish financing extended
	3256	+	18 by a third party for a patient.
	3257	+	19 (c) A dentist, employee of a dentist, or agent of a dentist
	3258	+	20 may not complete for a patient or patient's guardian any
	3259	+	21 portion of an application for financing extended by a third
	3260	+	22 party. A dentist, employee of a dentist, or agent of a dentist
	3261	+	23 may not provide the patient or patient's guardian with an
	3262	+	24 electronic device to apply for financing extended by a third
	3263	+	25 party.
	3264	+	26 (d) A dentist, employee of a dentist, or agent of a dentist
	3265	+
	3266	+
	3267	+
	3268	+
	3269	+
	3270	+	HB1805 - 91 - LRB104 07526 AAS 17570 b
	3271	+
	3272	+
	3273	+	HB1805- 92 -LRB104 07526 AAS 17570 b HB1805 - 92 - LRB104 07526 AAS 17570 b
	3274	+	HB1805 - 92 - LRB104 07526 AAS 17570 b
	3275	+	1 may not promote, advertise, or provide marketing or
	3276	+	2 application materials for financing extended by a third party
	3277	+	3 to a patient who:
	3278	+	4 (1) has been administered or is under the influence of
	3279	+	5 general anesthesia, conscious sedation, moderate sedation,
	3280	+	6 nitrous oxide;
	3281	+	7 (2) is being administered treatment; or
	3282	+	8 (3) is in a treatment area, including, but not limited
	3283	+	9 to, an exam room, surgical room, or other area when
	3284	+	10 medical treatment is administered, unless an area
	3285	+	11 separated from the treatment area does not exist.
	3286	+	12 (e) A dentist, employee of a dentist, or agent of a dentist
	3287	+	13 must provide the following written notice to a patient or
	3288	+	14 patient's guardian in at least 14-point font when discussing
	3289	+	15 (except to state accepted forms of payment) or providing
	3290	+	16 applications for financing extended by a third party:
	3291	+	17 "DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE
	3292	+	18 This is an application for a CREDIT CARD, LINE OF CREDIT,
	3293	+	19 OR LOAN to help you finance or pay for your dental treatment.
	3294	+	20 This credit card, line of credit, or loan IS NOT A PAYMENT PLAN
	3295	+	21 WITH THE DENTIST'S OFFICE. It is a credit card, line of credit,
	3296	+	22 or loan from a third-party financing company. Your dentist
	3297	+	23 does not work for this company. Your dentist may not complete
	3298	+	24 or submit an application for third-party financing on your
	3299	+	25 behalf.
	3300	+	26 You do not have to apply for a credit card, line of credit,
	3301	+
	3302	+
	3303	+
	3304	+
	3305	+
	3306	+	HB1805 - 92 - LRB104 07526 AAS 17570 b
	3307	+
	3308	+
	3309	+	HB1805- 93 -LRB104 07526 AAS 17570 b HB1805 - 93 - LRB104 07526 AAS 17570 b
	3310	+	HB1805 - 93 - LRB104 07526 AAS 17570 b
	3311	+	1 or loan. You may pay your dentist for treatment in another
	3312	+	2 manner. Your dentist's office may offer its own payment plan.
	3313	+	3 You are encouraged to explore any public or private insurance
	3314	+	4 options that may cover your dental treatment.
	3315	+	5 The lender or creditor may offer a "promotional period" to
	3316	+	6 pay back the credit or loan without interest. After any
	3317	+	7 promotional period ends, you may be charged interest on
	3318	+	8 portions of the balance that have already been paid. If you
	3319	+	9 miss a payment or do not pay on time, you may have to pay a
	3320	+	10 penalty and a higher interest rate. If you do not pay the money
	3321	+	11 that you owe the creditor or lender, then your missed payments
	3322	+	12 can appear on your credit report and could hurt your credit
	3323	+	13 score. You could also be sued by the creditor or lender.
	3324	+	14 If your dentist's office has completed or submitted an
	3325	+	15 application for third-party financing on your behalf, you may
	3326	+	16 file a complaint by contacting the Illinois Department of
	3327	+	17 Financial and Professional Regulation at [Department website]
	3328	+	18 or by calling [telephone number for Department]."
	3329	+	19 The Department shall make the disclosure required under
	3330	+	20 this subsection available on the Department's website in
	3331	+	21 English and any other languages deemed necessary by the
	3332	+	22 Department.
	3333	+	23 (f) The Department may adopt rules to implement this
	3334	+	24 Section.
	3335	+	25 (g) A violation of this Section is punishable by a fine of
	3336	+	26 up to $500 for the first violation and a fine of up to $1,000
	3337	+
	3338	+
	3339	+
	3340	+
	3341	+
	3342	+	HB1805 - 93 - LRB104 07526 AAS 17570 b
	3343	+
	3344	+
	3345	+	HB1805- 94 -LRB104 07526 AAS 17570 b HB1805 - 94 - LRB104 07526 AAS 17570 b
	3346	+	HB1805 - 94 - LRB104 07526 AAS 17570 b
	3347	+	1 for each subsequent violation. However, the Department may
	3348	+	2 take other disciplinary action if the licensee's conduct also
	3349	+	3 violates Section 23.
	3350	+	4 (Source: P.A. 103-733, eff. 1-1-25.)
	3351	+	5 (225 ILCS 25/48) (from Ch. 111, par. 2348)
	3352	+	6 (Section scheduled to be repealed on January 1, 2026)
	3353	+	7 Sec. 48. Manufacture of dentures, bridges or replacements
	3354	+	8 for dentists; prescriptions; order; penalties.
	3355	+	9 (a) Any dentist who employs or engages the services of any
	3356	+	10 dental laboratory to construct or repair, extraorally,
	3357	+	11 prosthetic dentures, bridges, or other replacements for a part
	3358	+	12 of a tooth, a tooth, or teeth, or who directs a dental
	3359	+	13 laboratory to participate in shade selection for a prosthetic
	3360	+	14 appliance, shall furnish such dental laboratory with a written
	3361	+	15 prescription on forms prescribed by the Department which shall
	3362	+	16 contain:
	3363	+	17 (1) The name and address of the dental laboratory to
	3364	+	18 which the prescription is directed.
	3365	+	19 (2) The patient's name or identification number. If a
	3366	+	20 number is used, the patient's name shall be written upon
	3367	+	21 the duplicate copy of the prescription retained by the
	3368	+	22 dentist.
	3369	+	23 (3) The date on which the prescription was written.
	3370	+	24 (4) A description of the work to be done, including
	3371	+	25 diagrams if necessary.
	3372	+
	3373	+
	3374	+
	3375	+
	3376	+
	3377	+	HB1805 - 94 - LRB104 07526 AAS 17570 b
	3378	+
	3379	+
	3380	+	HB1805- 95 -LRB104 07526 AAS 17570 b HB1805 - 95 - LRB104 07526 AAS 17570 b
	3381	+	HB1805 - 95 - LRB104 07526 AAS 17570 b
	3382	+	1 (5) A specification of the type and quality of
	3383	+	2 materials to be used.
	3384	+	3 (6) The signature of the dentist and the number of the
	3385	+	4 dentist's his or her license to practice dentistry.
	3386	+	5 (b) The dental laboratory receiving a prescription from a
	3387	+	6 dentist shall retain the original prescription and the dentist
	3388	+	7 shall retain a duplicate copy thereof for inspection at any
	3389	+	8 reasonable time by the Department or its duly authorized
	3390	+	9 agents, for a period of 3 years in both cases.
	3391	+	10 (c) If the dental laboratory receiving a written
	3392	+	11 prescription from a dentist engages another dental laboratory
	3393	+	12 (hereinafter referred to as "subcontractor") to perform some
	3394	+	13 of the services relative to such prescription, it shall
	3395	+	14 furnish a written order with respect thereto on forms
	3396	+	15 prescribed by the Department which shall contain:
	3397	+	16 (1) The name and address of the subcontractor.
	3398	+	17 (2) A number identifying the order with the original
	3399	+	18 prescription, which number shall be endorsed on the
	3400	+	19 prescription received from the dentist.
	3401	+	20 (3) The date on which the order was written.
	3402	+	21 (4) A description of the work to be done by the
	3403	+	22 subcontractor, including diagrams if necessary.
	3404	+	23 (5) A specification of the type and quality of
	3405	+	24 materials to be used.
	3406	+	25 (6) The signature of an agent of the dental laboratory
	3407	+	26 issuing the order. The subcontractor shall retain the
	3408	+
	3409	+
	3410	+
	3411	+
	3412	+
	3413	+	HB1805 - 95 - LRB104 07526 AAS 17570 b
	3414	+
	3415	+
	3416	+	HB1805- 96 -LRB104 07526 AAS 17570 b HB1805 - 96 - LRB104 07526 AAS 17570 b
	3417	+	HB1805 - 96 - LRB104 07526 AAS 17570 b
	3418	+	1 order and the issuer thereof shall retain a duplicate
	3419	+	2 copy, attached to the prescription received from the
	3420	+	3 dentist, for inspection by the Department or its duly
	3421	+	4 authorized agents, for a period of 3 years in both cases.
	3422	+	5 (7) A copy of the order to the subcontractor shall be
	3423	+	6 furnished to the dentist.
	3424	+	7 (c-5) Regardless of whether the dental laboratory
	3425	+	8 manufactures the dental appliance or has it manufactured by a
	3426	+	9 subcontractor, the laboratory shall provide to the prescribing
	3427	+	10 dentist the (i) location where the work was done and (ii)
	3428	+	11 source and original location where the materials were
	3429	+	12 obtained.
	3430	+	13 (d) Any dentist who:
	3431	+	14 (1) employs or engages the services of any dental
	3432	+	15 laboratory to construct or repair, extraorally, prosthetic
	3433	+	16 dentures, bridges, or other dental appliances without
	3434	+	17 first providing such dental laboratory with a written
	3435	+	18 prescription;
	3436	+	19 (2) fails to retain a duplicate copy of the
	3437	+	20 prescription for 3 years; or
	3438	+	21 (3) refuses to allow the Department or its duly
	3439	+	22 authorized agents to inspect the dentist's his or her
	3440	+	23 files of prescriptions;
	3441	+	24 is guilty of a Class A misdemeanor and the Department may
	3442	+	25 revoke or suspend the dentist's his or her license therefor.
	3443	+	26 (e) Any dental laboratory which:
	3444	+
	3445	+
	3446	+
	3447	+
	3448	+
	3449	+	HB1805 - 96 - LRB104 07526 AAS 17570 b
	3450	+
	3451	+
	3452	+	HB1805- 97 -LRB104 07526 AAS 17570 b HB1805 - 97 - LRB104 07526 AAS 17570 b
	3453	+	HB1805 - 97 - LRB104 07526 AAS 17570 b
	3454	+	1 (1) furnishes such services to any dentist without
	3455	+	2 first obtaining a written prescription therefor from such
	3456	+	3 dentist;
	3457	+	4 (2) acting as a subcontractor as described in (c)
	3458	+	5 above, furnishes such services to any dental laboratory
	3459	+	6 without first obtaining a written order from such dental
	3460	+	7 laboratory;
	3461	+	8 (3) fails to retain the original prescription or
	3462	+	9 order, as the case may be, for 3 years;
	3463	+	10 (4) refuses to allow the Department or its duly
	3464	+	11 authorized agents to inspect its files of prescriptions or
	3465	+	12 orders; or
	3466	+	13 (5) fails to provide any information required under
	3467	+	14 this Section to the prescribing dentist;
	3468	+	15 is guilty of a Class A misdemeanor.
	3469	+	16 (Source: P.A. 94-1014, eff. 7-7-06.)
	3470	+	17 (225 ILCS 25/49) (from Ch. 111, par. 2349)
2938	3471		18 (Section scheduled to be repealed on January 1, 2026)
2939		-	19 Sec. 38.2. Death or incapacitation of dentist.
2940		-	20 (a) The executor or administrator of a dentist's estate or
2941		-	21 the legal guardian or authorized representative of a dentist
2942		-	22 who has become incapacitated may contract with another dentist
2943		-	23 or dentists to continue the operations of the deceased or
2944		-	24 incapacitated dentist's practice (if the practice of the
2945		-
2946		-
2947		-
2948		-
2949		-
2950		-	HB1805 Engrossed - 83 - LRB104 07526 AAS 17570 b
2951		-
2952		-
2953		-	HB1805 Engrossed- 84 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 84 - LRB104 07526 AAS 17570 b
2954		-	HB1805 Engrossed - 84 - LRB104 07526 AAS 17570 b
2955		-	1 deceased or incapacitated dentist is a sole proprietorship, a
2956		-	2 corporation where the deceased or incapacitated dentist is the
2957		-	3 sole shareholder, or a limited liability company where the
2958		-	4 deceased or incapacitated dentist is the sole member) for a
2959		-	5 period of one year from the time of death or incapacitation of
2960		-	6 the dentist or until the practice is sold, whichever occurs
2961		-	7 first, if all the following conditions are met:
2962		-	8 (1) The executor, administrator, guardian, or
2963		-	9 authorized representative executes and files with the
2964		-	10 Department a notification of death or incapacitation on a
2965		-	11 form provided by the Department, which notification shall
2966		-	12 include the following:
2967		-	13 (A) the name and license number of the deceased or
2968		-	14 incapacitated dentist;
2969		-	15 (B) the name and address of the dental practice;
2970		-	16 (C) the name, address, and tax identification
2971		-	17 number of the estate;
2972		-	18 (D) the name and license number of each dentist
2973		-	19 who will operate the dental practice; and
2974		-	20 (E) an affirmation, under penalty of perjury, that
2975		-	21 the information provided is true and correct and that
2976		-	22 the executor, administrator, guardian, or authorized
2977		-	23 representative understands that any interference by
2978		-	24 the executor, administrator, guardian, or authorized
2979		-	25 representative or any agent or assignee of the
2980		-	26 executor, administrator, guardian, or authorized
2981		-
2982		-
2983		-
2984		-
2985		-
2986		-	HB1805 Engrossed - 84 - LRB104 07526 AAS 17570 b
2987		-
2988		-
2989		-	HB1805 Engrossed- 85 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 85 - LRB104 07526 AAS 17570 b
2990		-	HB1805 Engrossed - 85 - LRB104 07526 AAS 17570 b
2991		-	1 representative with the contracting dentist's or
2992		-	2 dentists' practice of dentistry or professional
2993		-	3 judgment or any other violation of this Section is
2994		-	4 grounds for an immediate termination of the operations
2995		-	5 of the dental practice.
2996		-	6 (2) Within 30 days after the death or incapacitation
2997		-	7 of a dentist, the executor, administrator, guardian, or
2998		-	8 authorized representative shall send notification of the
2999		-	9 death or incapacitation by mail to the last known address
3000		-	10 of each patient of record that has seen the deceased or
3001		-	11 incapacitated dentist within the previous 12 months, with
3002		-	12 an explanation of how copies of the practitioner's records
3003		-	13 may be obtained. This notice may also contain any other
3004		-	14 relevant information concerning the continuation of the
3005		-	15 dental practice.
3006		-	16 Continuation of the operations of the dental practice of a
3007		-	17 deceased or incapacitated dentist shall not begin until the
3008		-	18 provisions of this subsection (a) have been met.
3009		-	19 If the practice is not sold within the initial one-year
3010		-	20 period, the provision described in subsection (a) may be
3011		-	21 extended for additional 12-month periods by the Department.
3012		-	22 However, if the extension is approved, the extension shall not
3013		-	23 exceed 3 additional 12-month periods. Each extension must be
3014		-	24 granted prior to the expiration date of the prior extension
3015		-	25 and must be accompanied by a petition detailing the reasons
3016		-	26 for the extension that must be kept on file by the Department.
3017		-
3018		-
3019		-
3020		-
3021		-
3022		-	HB1805 Engrossed - 85 - LRB104 07526 AAS 17570 b
3023		-
3024		-
3025		-	HB1805 Engrossed- 86 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 86 - LRB104 07526 AAS 17570 b
3026		-	HB1805 Engrossed - 86 - LRB104 07526 AAS 17570 b
3027		-	1 (b) The Secretary may terminate the operations of a dental
3028		-	2 practice operating pursuant to this Section if the Department
3029		-	3 has evidence of a violation of this Section or Section 23 or 24
3030		-	4 of this Act. The Secretary must conduct a hearing before
3031		-	5 terminating the operations of a dental practice operating
3032		-	6 pursuant to this Section. At least 15 days before the hearing
3033		-	7 date, the Department (i) must notify, in writing, the
3034		-	8 executor, administrator, guardian, or authorized
3035		-	9 representative at the address provided, pursuant to item (C)
3036		-	10 of subdivision (1) of subsection (a) of this Section, and to
3037		-	11 the contracting dentist or dentists at the address of the
3038		-	12 dental practice provided pursuant to item (B) of subdivision
3039		-	13 (1) of subsection (a) of this Section, of any charges made and
3040		-	14 of the time and place of the hearing on the charges before the
3041		-	15 Secretary or hearing officer, as provided in Section 30 of
3042		-	16 this Act, (ii) direct the executor, administrator, guardian,
3043		-	17 or authorized representative to file a his or her written
3044		-	18 answer to such charges with the Secretary under oath within 10
3045		-	19 days after the service on the executor, administrator,
3046		-	20 guardian, or authorized representative of the notice, and
3047		-	21 (iii) inform the executor, administrator, guardian, or
3048		-	22 authorized representative that if there is a failure he or she
3049		-	23 fails to file such answer, a default judgment will be entered
3050		-	24 against the executor, administrator, guardian, or authorized
3051		-	25 representative him or her and the operations of the dental
3052		-	26 practice shall be terminated.
3053		-
3054		-
3055		-
3056		-
3057		-
3058		-	HB1805 Engrossed - 86 - LRB104 07526 AAS 17570 b
3059		-
3060		-
3061		-	HB1805 Engrossed- 87 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 87 - LRB104 07526 AAS 17570 b
3062		-	HB1805 Engrossed - 87 - LRB104 07526 AAS 17570 b
3063		-	1 (c) If the Secretary finds that evidence in the
3064		-	2 Secretary's his or her possession indicates that a violation
3065		-	3 of this Section or Section 23 or 24 of this Act constitutes an
3066		-	4 immediate threat to the public health, safety, or welfare, the
3067		-	5 Secretary may immediately terminate the operations of the
3068		-	6 dental practice without a hearing. Upon service by certified
3069		-	7 mail to the executor, administrator, guardian, or authorized
3070		-	8 representative, at the address provided pursuant to item (C)
3071		-	9 of subdivision (1) of subsection (a) of this Section, and the
3072		-	10 contracting dentist or dentists, at the address of the dental
3073		-	11 practice provided pursuant to item (B) of subdivision (1) of
3074		-	12 subsection (a) of this Section, of notice of an order
3075		-	13 immediately terminating the operations of the dental practice,
3076		-	14 the executor, administrator, guardian, or authorized
3077		-	15 representative may petition the Department within 30 days for
3078		-	16 a hearing to take place within 30 days after the petition is
3079		-	17 filed.
3080		-	18 (d) The Department may require, by rule, the submission to
3081		-	19 the Department of any additional information necessary for the
3082		-	20 administration of this Section.
3083		-	21 (Source: P.A. 101-162, eff. 7-26-19.)
3084		-	22 (225 ILCS 25/40) (from Ch. 111, par. 2340)
3085		-	23 (Section scheduled to be repealed on January 1, 2026)
3086		-	24 Sec. 40. Filing license or diploma of another. Any person
3087		-	25 filing or attempting to file as the person's his or her own the
3088		-
3089		-
3090		-
3091		-
3092		-
3093		-	HB1805 Engrossed - 87 - LRB104 07526 AAS 17570 b
3094		-
3095		-
3096		-	HB1805 Engrossed- 88 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 88 - LRB104 07526 AAS 17570 b
3097		-	HB1805 Engrossed - 88 - LRB104 07526 AAS 17570 b
3098		-	1 diploma or license of another, or a forged affidavit of
3099		-	2 identification or qualification, shall be deemed guilty of a
3100		-	3 Class 3 felony, and upon conviction thereof, shall be subject
3101		-	4 to such fine and imprisonment as is made and provided by the
3102		-	5 statutes of this State for the crime of forgery.
3103		-	6 (Source: P.A. 84-365.)
3104		-	7 (225 ILCS 25/45) (from Ch. 111, par. 2345)
3105		-	8 (Section scheduled to be repealed on January 1, 2026)
3106		-	9 Sec. 45. Advertising. The purpose of this Section is to
3107		-	10 authorize and regulate the advertisement by dentists of
3108		-	11 information which is intended to provide the public with a
3109		-	12 sufficient basis upon which to make an informed selection of
3110		-	13 dentists while protecting the public from false or misleading
3111		-	14 advertisements which would detract from the fair and rational
3112		-	15 selection process.
3113		-	16 Any dentist may advertise the availability of dental
3114		-	17 services in the public media or on the premises where such
3115		-	18 dental services are rendered. Such advertising shall be
3116		-	19 limited to the following information:
3117		-	20 (a) The dental services available;
3118		-	21 (b) Publication of the dentist's name, title, office
3119		-	22 hours, address and telephone;
3120		-	23 (c) Information pertaining to the dentist's his or her
3121		-	24 area of specialization, including appropriate board
3122		-	25 certification or limitation of professional practice;
3123		-
3124		-
3125		-
3126		-
3127		-
3128		-	HB1805 Engrossed - 88 - LRB104 07526 AAS 17570 b
3129		-
3130		-
3131		-	HB1805 Engrossed- 89 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 89 - LRB104 07526 AAS 17570 b
3132		-	HB1805 Engrossed - 89 - LRB104 07526 AAS 17570 b
3133		-	1 (d) Information on usual and customary fees for
3134		-	2 routine dental services offered, which information shall
3135		-	3 include notification that fees may be adjusted due to
3136		-	4 complications or unforeseen circumstances;
3137		-	5 (e) Announcement of the opening of, change of, absence
3138		-	6 from, or return to business;
3139		-	7 (f) Announcement of additions to or deletions from
3140		-	8 professional dental staff;
3141		-	9 (g) The issuance of business or appointment cards;
3142		-	10 (h) Other information about the dentist, dentist's
3143		-	11 practice or the types of dental services which the dentist
3144		-	12 offers to perform which a reasonable person might regard
3145		-	13 as relevant in determining whether to seek the dentist's
3146		-	14 services. However, any advertisement which announces the
3147		-	15 availability of endodontics, pediatric dentistry,
3148		-	16 periodontics, prosthodontics, orthodontics and
3149		-	17 dentofacial orthopedics, oral and maxillofacial surgery,
3150		-	18 or oral and maxillofacial radiology by a general dentist
3151		-	19 or by a licensed specialist who is not licensed in that
3152		-	20 specialty shall include a disclaimer stating that the
3153		-	21 dentist does not hold a license in that specialty.
3154		-	22 Any dental practice with more than one location that
3155		-	23 enrolls its dentist as a participating provider in a managed
3156		-	24 care plan's network must verify electronically or in writing
3157		-	25 to the managed care plan whether the provider is accepting new
3158		-	26 patients at each of the specific locations listing the
3159		-
3160		-
3161		-
3162		-
3163		-
3164		-	HB1805 Engrossed - 89 - LRB104 07526 AAS 17570 b
3165		-
3166		-
3167		-	HB1805 Engrossed- 90 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 90 - LRB104 07526 AAS 17570 b
3168		-	HB1805 Engrossed - 90 - LRB104 07526 AAS 17570 b
3169		-	1 provider. The health plan shall remove the provider from the
3170		-	2 directory in accordance with standard practices within 10
3171		-	3 business days after being notified of the changes by the
3172		-	4 provider. Nothing in this paragraph shall void any contractual
3173		-	5 relationship between the provider and the plan.
3174		-	6 It is unlawful for any dentist licensed under this Act to
3175		-	7 do any of the following:
3176		-	8 (1) Use claims of superior quality of care to entice
3177		-	9 the public.
3178		-	10 (2) Advertise in any way to practice dentistry without
3179		-	11 causing pain.
3180		-	12 (3) Pay a fee to any dental referral service or other
3181		-	13 third party who advertises a dental referral service,
3182		-	14 unless all advertising of the dental referral service
3183		-	15 makes it clear that dentists are paying a fee for that
3184		-	16 referral service.
3185		-	17 (4) Advertise or offer gifts as an inducement to
3186		-	18 secure dental patronage. Dentists may advertise or offer
3187		-	19 free examinations or free dental services; it shall be
3188		-	20 unlawful, however, for any dentist to charge a fee to any
3189		-	21 new patient for any dental service provided at the time
3190		-	22 that such free examination or free dental services are
3191		-	23 provided.
3192		-	24 (5) Use the term "sedation dentistry" or similar terms
3193		-	25 in advertising unless the advertising dentist holds a
3194		-	26 valid and current permit issued by the Department to
3195		-
3196		-
3197		-
3198		-
3199		-
3200		-	HB1805 Engrossed - 90 - LRB104 07526 AAS 17570 b
3201		-
3202		-
3203		-	HB1805 Engrossed- 91 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 91 - LRB104 07526 AAS 17570 b
3204		-	HB1805 Engrossed - 91 - LRB104 07526 AAS 17570 b
3205		-	1 administer either general anesthesia, deep sedation, or
3206		-	2 moderate sedation as required under Section 8.1 of this
3207		-	3 Act.
3208		-	4 This Act does not authorize the advertising of dental
3209		-	5 services when the offeror of such services is not a dentist.
3210		-	6 Nor shall the dentist use statements which contain false,
3211		-	7 fraudulent, deceptive or misleading material or guarantees of
3212		-	8 success, statements which play upon the vanity or fears of the
3213		-	9 public, or statements which promote or produce unfair
3214		-	10 competition.
3215		-	11 A dentist shall be required to keep a copy of all
3216		-	12 advertisements for a period of 3 years. All advertisements in
3217		-	13 the dentist's possession shall indicate the accurate date and
3218		-	14 place of publication.
3219		-	15 The Department shall adopt rules to carry out the intent
3220		-	16 of this Section.
3221		-	17 (Source: P.A. 103-628, eff. 7-1-24.)
3222		-	18 (225 ILCS 25/45.5)
3223		-	19 Sec. 45.5. Third-party financing for dental services.
3224		-	20 (a) As used in this Section:
3225		-	21 "Agent of a dentist" means a person or company that is
3226		-	22 permitted, authorized, or contracted to act on behalf of a
3227		-	23 dentist or dental office.
3228		-	24 "Arrange for, broker, or establish" means submitting an
3229		-	25 application to a third-party creditor, lender, or creditor's
3230		-
3231		-
3232		-
3233		-
3234		-
3235		-	HB1805 Engrossed - 91 - LRB104 07526 AAS 17570 b
3236		-
3237		-
3238		-	HB1805 Engrossed- 92 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 92 - LRB104 07526 AAS 17570 b
3239		-	HB1805 Engrossed - 92 - LRB104 07526 AAS 17570 b
3240		-	1 intermediary for approval or rejection on behalf of a patient.
3241		-	2 Submitting an application to a third-party creditor, lender,
3242		-	3 or creditor's intermediary for approval or rejection includes
3243		-	4 patient or a patient's guardian's use of a third-party
3244		-	5 creditor's, lender's, or a creditor's intermediary's
3245		-	6 patient-facing software, weblink, URL, or QR code that is
3246		-	7 customized for with the branding of the dental practice.
3247		-	8 "Arrange for, broker, or establish" does not mean the use of
3248		-	9 third-party marketing or advertising materials that are not
3249		-	10 customized for the dental practice.
3250		-	11 "Financing extended by a third party" includes, but is not
3251		-	12 limited to, an open end credit plan as defined under the
3252		-	13 federal Truth-in-Lending Act (15 U.S.C. 1602), a line of
3253		-	14 credit, or a loan offered or extended by a third party.
3254		-	15 (b) A dentist, employee of a dentist, or agent of a dentist
3255		-	16 may not arrange for, broker, or establish financing extended
3256		-	17 by a third party for a patient.
3257		-	18 (c) A dentist, employee of a dentist, or agent of a dentist
3258		-	19 may not complete for a patient or patient's guardian any
3259		-	20 portion of an application for financing extended by a third
3260		-	21 party. A dentist, employee of a dentist, or agent of a dentist
3261		-	22 may not provide the patient or patient's guardian with an
3262		-	23 electronic device to apply for financing extended by a third
3263		-	24 party.
3264		-	25 (d) A dentist, employee of a dentist, or agent of a dentist
3265		-	26 may not promote, advertise, or provide marketing or
3266		-
3267		-
3268		-
3269		-
3270		-
3271		-	HB1805 Engrossed - 92 - LRB104 07526 AAS 17570 b
3272		-
3273		-
3274		-	HB1805 Engrossed- 93 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 93 - LRB104 07526 AAS 17570 b
3275		-	HB1805 Engrossed - 93 - LRB104 07526 AAS 17570 b
3276		-	1 application materials for financing extended by a third party
3277		-	2 to a patient who:
3278		-	3 (1) has been administered or is under the influence of
3279		-	4 general anesthesia, conscious sedation, moderate sedation,
3280		-	5 nitrous oxide;
3281		-	6 (2) is being administered treatment; or
3282		-	7 (3) is in a treatment area, including, but not limited
3283		-	8 to, an exam room, surgical room, or other area when
3284		-	9 medical treatment is administered, unless an area
3285		-	10 separated from the treatment area does not exist.
3286		-	11 (e) A dentist, employee of a dentist, or agent of a dentist
3287		-	12 must provide the following written notice to a patient or
3288		-	13 patient's guardian in at least 14-point font when discussing
3289		-	14 (except to state accepted forms of payment) or providing
3290		-	15 applications for financing extended by a third party:
3291		-	16 "DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE
3292		-	17 This is an application for a CREDIT CARD, LINE OF CREDIT,
3293		-	18 OR LOAN to help you finance or pay for your dental treatment.
3294		-	19 This credit card, line of credit, or loan IS NOT A PAYMENT PLAN
3295		-	20 WITH THE DENTIST'S OFFICE. It is a credit card, line of credit,
3296		-	21 or loan from a third-party financing company. Your dentist
3297		-	22 does not work for this company. Your dentist may not complete
3298		-	23 or submit an application for third-party financing on your
3299		-	24 behalf.
3300		-	25 You do not have to apply for a credit card, line of credit,
3301		-	26 or loan. You may pay your dentist for treatment in another
3302		-
3303		-
3304		-
3305		-
3306		-
3307		-	HB1805 Engrossed - 93 - LRB104 07526 AAS 17570 b
3308		-
3309		-
3310		-	HB1805 Engrossed- 94 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 94 - LRB104 07526 AAS 17570 b
3311		-	HB1805 Engrossed - 94 - LRB104 07526 AAS 17570 b
3312		-	1 manner. Your dentist's office may offer its own payment plan.
3313		-	2 You are encouraged to explore any public or private insurance
3314		-	3 options that may cover your dental treatment.
3315		-	4 The lender or creditor may offer a "promotional period" to
3316		-	5 pay back the credit or loan without interest. After any
3317		-	6 promotional period ends, you may be charged interest on
3318		-	7 portions of the balance that have already been paid. If you
3319		-	8 miss a payment or do not pay on time, you may have to pay a
3320		-	9 penalty and a higher interest rate. If you do not pay the money
3321		-	10 that you owe the creditor or lender, then your missed payments
3322		-	11 can appear on your credit report and could hurt your credit
3323		-	12 score. You could also be sued by the creditor or lender.
3324		-	13 If your dentist's office has completed or submitted an
3325		-	14 application for third-party financing on your behalf, you may
3326		-	15 file a complaint by contacting the Illinois Department of
3327		-	16 Financial and Professional Regulation at [Department website]
3328		-	17 or by calling [telephone number for Department]."
3329		-	18 The Department shall make the disclosure required under
3330		-	19 this subsection available on the Department's website in
3331		-	20 English and any other languages deemed necessary by the
3332		-	21 Department.
3333		-	22 (f) The Department may adopt rules to implement this
3334		-	23 Section.
3335		-	24 (g) A violation of this Section is punishable by a fine of
3336		-	25 up to $500 for the first violation and a fine of up to $1,000
3337		-	26 for each subsequent violation. However, the Department may
3338		-
3339		-
3340		-
3341		-
3342		-
3343		-	HB1805 Engrossed - 94 - LRB104 07526 AAS 17570 b
3344		-
3345		-
3346		-	HB1805 Engrossed- 95 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 95 - LRB104 07526 AAS 17570 b
3347		-	HB1805 Engrossed - 95 - LRB104 07526 AAS 17570 b
3348		-	1 take other disciplinary action if the licensee's conduct also
3349		-	2 violates Section 23.
3350		-	3 (Source: P.A. 103-733, eff. 1-1-25.)
3351		-	4 (225 ILCS 25/48) (from Ch. 111, par. 2348)
	3472	+	19 Sec. 49. Identification of dentures.
	3473	+	20 (a) Every complete upper and lower denture and removable
	3474	+	21 dental prosthesis fabricated by a dentist, or fabricated
	3475	+	22 pursuant to a dentist's his or her prescription, shall be
	3476	+	23 marked with the name of the patient for whom the prosthesis is
	3477	+	24 intended. The markings shall be done during fabrication and
	3478	+	25 shall be permanent, legible and cosmetically acceptable. The
	3479	+
	3480	+
	3481	+
	3482	+
	3483	+
	3484	+	HB1805 - 97 - LRB104 07526 AAS 17570 b
	3485	+
	3486	+
	3487	+	HB1805- 98 -LRB104 07526 AAS 17570 b HB1805 - 98 - LRB104 07526 AAS 17570 b
	3488	+	HB1805 - 98 - LRB104 07526 AAS 17570 b
	3489	+	1 exact location of the markings and the methods used to apply or
	3490	+	2 implant them shall be determined by the dentist or dental
	3491	+	3 laboratory fabricating the prosthesis. If in the professional
	3492	+	4 judgment of the dentist, this full identification is not
	3493	+	5 possible, the name may be omitted.
	3494	+	6 (b) Any removable dental prosthesis in existence which was
	3495	+	7 not marked in accordance with paragraph (a) of this Section at
	3496	+	8 the time of fabrication, shall be so marked at the time of any
	3497	+	9 subsequent rebasing or duplication.
	3498	+	10 (Source: P.A. 96-617, eff. 8-24-09.)
	3499	+	11 (225 ILCS 25/54) (from Ch. 111, par. 2354)
	3500	+	12 (Section scheduled to be repealed on January 1, 2026)
	3501	+	13 Sec. 54. Exemption from civil liability for Peer Review
	3502	+	14 Committees. While serving upon any Peer Review Committee, any
	3503	+	15 dentist shall not be liable for civil damages as a result of
	3504	+	16 the dentist's his or her decisions, findings or
	3505	+	17 recommendations in connection with the dentist's his or her
	3506	+	18 duties on such committee, except decisions, findings or
	3507	+	19 recommendations involving the dentist's willful his or her
	3508	+	20 wilful or wanton misconduct. Furthermore, any professional
	3509	+	21 organization, association or society of dentists, or component
	3510	+	22 thereof, which sponsors, sanctions or otherwise operates or
	3511	+	23 participates in peer review activities is hereby afforded the
	3512	+	24 same privileges and immunities afforded to any member of the
	3513	+	25 peer review committee.
	3514	+
	3515	+
	3516	+
	3517	+
	3518	+
	3519	+	HB1805 - 98 - LRB104 07526 AAS 17570 b
	3520	+
	3521	+
	3522	+	HB1805- 99 -LRB104 07526 AAS 17570 b HB1805 - 99 - LRB104 07526 AAS 17570 b
	3523	+	HB1805 - 99 - LRB104 07526 AAS 17570 b
	3524	+	1 (Source: P.A. 85-946.)
	3525	+	2 (225 ILCS 25/54.2)
	3526	+	3 (Section scheduled to be repealed on January 1, 2026)
	3527	+	4 Sec. 54.2. Dental responders. A dentist or dental
	3528	+	5 hygienist who is a dental responder is deemed to be acting
	3529	+	6 within the bounds of the dentist or dental hygienist's his or
	3530	+	7 her license when providing disaster, immunizations, mobile,
	3531	+	8 and humanitarian care during a declared local, State, or
	3532	+	9 national emergency.
	3533	+	10 (Source: P.A. 99-25, eff. 1-1-16.)
	3534	+	11 (225 ILCS 25/54.3)
	3535	+	12 (Section scheduled to be repealed on January 1, 2026)
	3536	+	13 Sec. 54.3. Vaccinations.
	3537	+	14 (a) Notwithstanding Section 54.2 of this Act, a dentist
	3538	+	15 may administer vaccinations upon completion of appropriate
	3539	+	16 training set forth by rule and approved by the Department on
	3540	+	17 appropriate vaccine storage, proper administration, and
	3541	+	18 addressing contraindications and adverse reactions.
	3542	+	19 Vaccinations shall be limited to patients 18 years of age and
	3543	+	20 older pursuant to a valid prescription or standing order by a
	3544	+	21 physician licensed to practice medicine in all its branches
	3545	+	22 who, in the course of professional practice, administers
	3546	+	23 vaccines to patients. Methods of communication shall be
	3547	+	24 established for consultation with the physician in person or
	3548	+
	3549	+
	3550	+
	3551	+
	3552	+
	3553	+	HB1805 - 99 - LRB104 07526 AAS 17570 b
	3554	+
	3555	+
	3556	+	HB1805- 100 -LRB104 07526 AAS 17570 b HB1805 - 100 - LRB104 07526 AAS 17570 b
	3557	+	HB1805 - 100 - LRB104 07526 AAS 17570 b
	3558	+	1 by telecommunications.
	3559	+	2 (b) Vaccinations administered by a dentist shall be
	3560	+	3 limited to influenza (inactivated influenza vaccine and live
	3561	+	4 attenuated influenza intranasal vaccine). Vaccines shall only
	3562	+	5 be administered by the dentist and shall not be delegated to an
	3563	+	6 assistant or any other person. Vaccination of a patient by a
	3564	+	7 dentist shall be documented in the patient's dental record and
	3565	+	8 the record shall be retained in accordance with current dental
	3566	+	9 recordkeeping standards. The dentist shall notify the
	3567	+	10 patient's primary care physician of each dose of vaccine
	3568	+	11 administered to the patient and shall enter all patient level
	3569	+	12 data or update the patient's current record. The dentist may
	3570	+	13 provide this notice to the patient's physician electronically.
	3571	+	14 In addition, the dentist shall enter all patient level data on
	3572	+	15 vaccines administered in the immunization data registry
	3573	+	16 maintained by the Department of Public Health.
	3574	+	17 (c) A dentist shall only provide vaccinations under this
	3575	+	18 Section if contracted with and credentialed by the patient's
	3576	+	19 health insurance, health maintenance organization, or other
	3577	+	20 health plan to specifically provide the vaccinations allowed
	3578	+	21 under this Section. Persons enrolled in Medicare or Medicaid
	3579	+	22 may only receive the vaccinations allowed for under this
	3580	+	23 Section from dentists who are authorized to do so by the
	3581	+	24 federal Centers for Medicare and Medicaid Services or the
	3582	+	25 Department of Healthcare and Family Services.
	3583	+	26 (d) The Department shall adopt any rules necessary to
	3584	+
	3585	+
	3586	+
	3587	+
	3588	+
	3589	+	HB1805 - 100 - LRB104 07526 AAS 17570 b
	3590	+
	3591	+
	3592	+	HB1805- 101 -LRB104 07526 AAS 17570 b HB1805 - 101 - LRB104 07526 AAS 17570 b
	3593	+	HB1805 - 101 - LRB104 07526 AAS 17570 b
	3594	+	1 implement this Section.
	3595	+	2 (e) This Section is repealed on January 1, 2026.
	3596	+	3 (Source: P.A. 101-162, eff. 7-26-19.)
	3597	+	4 (225 ILCS 25/55) (from Ch. 111, par. 2355)
3352	3598		5 (Section scheduled to be repealed on January 1, 2026)
3353		-	6 Sec. 48. Manufacture of dentures, bridges or replacements
3354		-	7 for dentists; prescriptions; order; penalties.
3355		-	8 (a) Any dentist who employs or engages the services of any
3356		-	9 dental laboratory to construct or repair, extraorally,
3357		-	10 prosthetic dentures, bridges, or other replacements for a part
3358		-	11 of a tooth, a tooth, or teeth, or who directs a dental
3359		-	12 laboratory to participate in shade selection for a prosthetic
3360		-	13 appliance, shall furnish such dental laboratory with a written
3361		-	14 prescription on forms prescribed by the Department which shall
3362		-	15 contain:
3363		-	16 (1) The name and address of the dental laboratory to
3364		-	17 which the prescription is directed.
3365		-	18 (2) The patient's name or identification number. If a
3366		-	19 number is used, the patient's name shall be written upon
3367		-	20 the duplicate copy of the prescription retained by the
3368		-	21 dentist.
3369		-	22 (3) The date on which the prescription was written.
3370		-	23 (4) A description of the work to be done, including
3371		-	24 diagrams if necessary.
3372		-	25 (5) A specification of the type and quality of
3373		-
3374		-
3375		-
3376		-
3377		-
3378		-	HB1805 Engrossed - 95 - LRB104 07526 AAS 17570 b
3379		-
3380		-
3381		-	HB1805 Engrossed- 96 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 96 - LRB104 07526 AAS 17570 b
3382		-	HB1805 Engrossed - 96 - LRB104 07526 AAS 17570 b
3383		-	1 materials to be used.
3384		-	2 (6) The signature of the dentist and the number of the
3385		-	3 dentist's his or her license to practice dentistry.
3386		-	4 (b) The dental laboratory receiving a prescription from a
3387		-	5 dentist shall retain the original prescription and the dentist
3388		-	6 shall retain a duplicate copy thereof for inspection at any
3389		-	7 reasonable time by the Department or its duly authorized
3390		-	8 agents, for a period of 3 years in both cases.
3391		-	9 (c) If the dental laboratory receiving a written
3392		-	10 prescription from a dentist engages another dental laboratory
3393		-	11 (hereinafter referred to as "subcontractor") to perform some
3394		-	12 of the services relative to such prescription, it shall
3395		-	13 furnish a written order with respect thereto on forms
3396		-	14 prescribed by the Department which shall contain:
3397		-	15 (1) The name and address of the subcontractor.
3398		-	16 (2) A number identifying the order with the original
3399		-	17 prescription, which number shall be endorsed on the
3400		-	18 prescription received from the dentist.
3401		-	19 (3) The date on which the order was written.
3402		-	20 (4) A description of the work to be done by the
3403		-	21 subcontractor, including diagrams if necessary.
3404		-	22 (5) A specification of the type and quality of
3405		-	23 materials to be used.
3406		-	24 (6) The signature of an agent of the dental laboratory
3407		-	25 issuing the order. The subcontractor shall retain the
3408		-	26 order and the issuer thereof shall retain a duplicate
3409		-
3410		-
3411		-
3412		-
3413		-
3414		-	HB1805 Engrossed - 96 - LRB104 07526 AAS 17570 b
3415		-
3416		-
3417		-	HB1805 Engrossed- 97 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 97 - LRB104 07526 AAS 17570 b
3418		-	HB1805 Engrossed - 97 - LRB104 07526 AAS 17570 b
3419		-	1 copy, attached to the prescription received from the
3420		-	2 dentist, for inspection by the Department or its duly
3421		-	3 authorized agents, for a period of 3 years in both cases.
3422		-	4 (7) A copy of the order to the subcontractor shall be
3423		-	5 furnished to the dentist.
3424		-	6 (c-5) Regardless of whether the dental laboratory
3425		-	7 manufactures the dental appliance or has it manufactured by a
3426		-	8 subcontractor, the laboratory shall provide to the prescribing
3427		-	9 dentist the (i) location where the work was done and (ii)
3428		-	10 source and original location where the materials were
3429		-	11 obtained.
3430		-	12 (d) Any dentist who:
3431		-	13 (1) employs or engages the services of any dental
3432		-	14 laboratory to construct or repair, extraorally, prosthetic
3433		-	15 dentures, bridges, or other dental appliances without
3434		-	16 first providing such dental laboratory with a written
3435		-	17 prescription;
3436		-	18 (2) fails to retain a duplicate copy of the
3437		-	19 prescription for 3 years; or
3438		-	20 (3) refuses to allow the Department or its duly
3439		-	21 authorized agents to inspect the dentist's his or her
3440		-	22 files of prescriptions;
3441		-	23 is guilty of a Class A misdemeanor and the Department may
3442		-	24 revoke or suspend the dentist's his or her license therefor.
3443		-	25 (e) Any dental laboratory which:
3444		-	26 (1) furnishes such services to any dentist without
3445		-
3446		-
3447		-
3448		-
3449		-
3450		-	HB1805 Engrossed - 97 - LRB104 07526 AAS 17570 b
3451		-
3452		-
3453		-	HB1805 Engrossed- 98 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 98 - LRB104 07526 AAS 17570 b
3454		-	HB1805 Engrossed - 98 - LRB104 07526 AAS 17570 b
3455		-	1 first obtaining a written prescription therefor from such
3456		-	2 dentist;
3457		-	3 (2) acting as a subcontractor as described in (c)
3458		-	4 above, furnishes such services to any dental laboratory
3459		-	5 without first obtaining a written order from such dental
3460		-	6 laboratory;
3461		-	7 (3) fails to retain the original prescription or
3462		-	8 order, as the case may be, for 3 years;
3463		-	9 (4) refuses to allow the Department or its duly
3464		-	10 authorized agents to inspect its files of prescriptions or
3465		-	11 orders; or
3466		-	12 (5) fails to provide any information required under
3467		-	13 this Section to the prescribing dentist;
3468		-	14 is guilty of a Class A misdemeanor.
3469		-	15 (Source: P.A. 94-1014, eff. 7-7-06.)
3470		-	16 (225 ILCS 25/49) (from Ch. 111, par. 2349)
3471		-	17 (Section scheduled to be repealed on January 1, 2026)
3472		-	18 Sec. 49. Identification of dentures.
3473		-	19 (a) Every complete upper and lower denture and removable
3474		-	20 dental prosthesis fabricated by a dentist, or fabricated
3475		-	21 pursuant to a dentist's his or her prescription, shall be
3476		-	22 marked with the name of the patient for whom the prosthesis is
3477		-	23 intended. The markings shall be done during fabrication and
3478		-	24 shall be permanent, legible and cosmetically acceptable. The
3479		-	25 exact location of the markings and the methods used to apply or
3480		-
3481		-
3482		-
3483		-
3484		-
3485		-	HB1805 Engrossed - 98 - LRB104 07526 AAS 17570 b
3486		-
3487		-
3488		-	HB1805 Engrossed- 99 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 99 - LRB104 07526 AAS 17570 b
3489		-	HB1805 Engrossed - 99 - LRB104 07526 AAS 17570 b
3490		-	1 implant them shall be determined by the dentist or dental
3491		-	2 laboratory fabricating the prosthesis. If in the professional
3492		-	3 judgment of the dentist, this full identification is not
3493		-	4 possible, the name may be omitted.
3494		-	5 (b) Any removable dental prosthesis in existence which was
3495		-	6 not marked in accordance with paragraph (a) of this Section at
3496		-	7 the time of fabrication, shall be so marked at the time of any
3497		-	8 subsequent rebasing or duplication.
3498		-	9 (Source: P.A. 96-617, eff. 8-24-09.)
3499		-	10 (225 ILCS 25/54) (from Ch. 111, par. 2354)
3500		-	11 (Section scheduled to be repealed on January 1, 2026)
3501		-	12 Sec. 54. Exemption from civil liability for Peer Review
3502		-	13 Committees. While serving upon any Peer Review Committee, any
3503		-	14 dentist shall not be liable for civil damages as a result of
3504		-	15 the dentist's his or her decisions, findings or
3505		-	16 recommendations in connection with the dentist's his or her
3506		-	17 duties on such committee, except decisions, findings or
3507		-	18 recommendations involving the dentist's willful his or her
3508		-	19 wilful or wanton misconduct. Furthermore, any professional
3509		-	20 organization, association or society of dentists, or component
3510		-	21 thereof, which sponsors, sanctions or otherwise operates or
3511		-	22 participates in peer review activities is hereby afforded the
3512		-	23 same privileges and immunities afforded to any member of the
3513		-	24 peer review committee.
3514		-	25 (Source: P.A. 85-946.)
3515		-
3516		-
3517		-
3518		-
3519		-
3520		-	HB1805 Engrossed - 99 - LRB104 07526 AAS 17570 b
3521		-
3522		-
3523		-	HB1805 Engrossed- 100 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 100 - LRB104 07526 AAS 17570 b
3524		-	HB1805 Engrossed - 100 - LRB104 07526 AAS 17570 b
3525		-	1 (225 ILCS 25/54.2)
3526		-	2 (Section scheduled to be repealed on January 1, 2026)
3527		-	3 Sec. 54.2. Dental responders. A dentist or dental
3528		-	4 hygienist who is a dental responder is deemed to be acting
3529		-	5 within the bounds of the dentist or dental hygienist's his or
3530		-	6 her license when providing disaster, immunizations, mobile,
3531		-	7 and humanitarian care during a declared local, State, or
3532		-	8 national emergency.
3533		-	9 (Source: P.A. 99-25, eff. 1-1-16.)
3534		-	10 (225 ILCS 25/54.3)
3535		-	11 (Section scheduled to be repealed on January 1, 2026)
3536		-	12 Sec. 54.3. Vaccinations.
3537		-	13 (a) Notwithstanding Section 54.2 of this Act, a dentist
3538		-	14 may administer vaccinations upon completion of appropriate
3539		-	15 training set forth by rule and approved by the Department on
3540		-	16 appropriate vaccine storage, proper administration, and
3541		-	17 addressing contraindications and adverse reactions.
3542		-	18 Vaccinations shall be limited to patients 18 years of age and
3543		-	19 older pursuant to a valid prescription or standing order by a
3544		-	20 physician licensed to practice medicine in all its branches
3545		-	21 who, in the course of professional practice, administers
3546		-	22 vaccines to patients. Methods of communication shall be
3547		-	23 established for consultation with the physician in person or
3548		-	24 by telecommunications.
3549		-
3550		-
3551		-
3552		-
3553		-
3554		-	HB1805 Engrossed - 100 - LRB104 07526 AAS 17570 b
3555		-
3556		-
3557		-	HB1805 Engrossed- 101 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 101 - LRB104 07526 AAS 17570 b
3558		-	HB1805 Engrossed - 101 - LRB104 07526 AAS 17570 b
3559		-	1 (b) Vaccinations administered by a dentist shall be
3560		-	2 limited to influenza (inactivated influenza vaccine and live
3561		-	3 attenuated influenza intranasal vaccine). Vaccines shall only
3562		-	4 be administered by the dentist and shall not be delegated to an
3563		-	5 assistant or any other person. Vaccination of a patient by a
3564		-	6 dentist shall be documented in the patient's dental record and
3565		-	7 the record shall be retained in accordance with current dental
3566		-	8 recordkeeping standards. The dentist shall notify the
3567		-	9 patient's primary care physician of each dose of vaccine
3568		-	10 administered to the patient and shall enter all patient level
3569		-	11 data or update the patient's current record. The dentist may
3570		-	12 provide this notice to the patient's physician electronically.
3571		-	13 In addition, the dentist shall enter all patient level data on
3572		-	14 vaccines administered in the immunization data registry
3573		-	15 maintained by the Department of Public Health.
3574		-	16 (c) A dentist shall only provide vaccinations under this
3575		-	17 Section if contracted with and credentialed by the patient's
3576		-	18 health insurance, health maintenance organization, or other
3577		-	19 health plan to specifically provide the vaccinations allowed
3578		-	20 under this Section. Persons enrolled in Medicare or Medicaid
3579		-	21 may only receive the vaccinations allowed for under this
3580		-	22 Section from dentists who are authorized to do so by the
3581		-	23 federal Centers for Medicare and Medicaid Services or the
3582		-	24 Department of Healthcare and Family Services.
3583		-	25 (d) The Department shall adopt any rules necessary to
3584		-	26 implement this Section.
3585		-
3586		-
3587		-
3588		-
3589		-
3590		-	HB1805 Engrossed - 101 - LRB104 07526 AAS 17570 b
3591		-
3592		-
3593		-	HB1805 Engrossed- 102 -LRB104 07526 AAS 17570 b HB1805 Engrossed - 102 - LRB104 07526 AAS 17570 b
3594		-	HB1805 Engrossed - 102 - LRB104 07526 AAS 17570 b
3595		-	1 (e) This Section is repealed on January 1, 2026.
3596		-	2 (Source: P.A. 101-162, eff. 7-26-19.)
3597		-	3 (225 ILCS 25/55) (from Ch. 111, par. 2355)
3598		-	4 (Section scheduled to be repealed on January 1, 2026)
3599		-	5 Sec. 55. Administrative Procedure Act. The Illinois
3600		-	6 Administrative Procedure Act is hereby expressly adopted and
3601		-	7 incorporated herein as if all of the provisions of that Act
3602		-	8 were included in this Act, except that the provision of
3603		-	9 subsection (d) of Section 10-65 of the Illinois Administrative
3604		-	10 Procedure Act that provides that at hearings the dentist or
3605		-	11 dental hygienist has the right to show compliance with all
3606		-	12 lawful requirements for retention, continuation or renewal of
3607		-	13 the license is specifically excluded. For the purposes of this
3608		-	14 Act the notice required under Section 10-25 of the
3609		-	15 Administrative Procedure Act is deemed sufficient when mailed
3610		-	16 or emailed to the last known address or email address of a
3611		-	17 party.
3612		-	18 (Source: P.A. 88-45; 89-80, eff. 6-30-95; 89-116, eff.
3613		-	19 7-7-95.)
3614		-	20 Section 99. Effective date. This Section and Section 5
3615		-	21 take effect upon becoming law.
3616		-
3617		-
3618		-
3619		-
3620		-
3621		-	HB1805 Engrossed - 102 - LRB104 07526 AAS 17570 b
	3599	+	6 Sec. 55. Administrative Procedure Act. The Illinois
	3600	+	7 Administrative Procedure Act is hereby expressly adopted and
	3601	+	8 incorporated herein as if all of the provisions of that Act
	3602	+	9 were included in this Act, except that the provision of
	3603	+	10 subsection (d) of Section 10-65 of the Illinois Administrative
	3604	+	11 Procedure Act that provides that at hearings the dentist or
	3605	+	12 dental hygienist has the right to show compliance with all
	3606	+	13 lawful requirements for retention, continuation or renewal of
	3607	+	14 the license is specifically excluded. For the purposes of this
	3608	+	15 Act the notice required under Section 10-25 of the
	3609	+	16 Administrative Procedure Act is deemed sufficient when mailed
	3610	+	17 or emailed to the last known address or email address of a
	3611	+	18 party.
	3612	+	19 (Source: P.A. 88-45; 89-80, eff. 6-30-95; 89-116, eff.
	3613	+	20 7-7-95.)
	3614	+	21 Section 99. Effective date. This Section and Section 5
	3615	+	22 take effect upon becoming law.
	3616	+	HB1805- 102 -LRB104 07526 AAS 17570 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.364 5 ILCS 80/4.41 new5 225 ILCS 25/2from Ch. 111, par. 23026 225 ILCS 25/47 225 ILCS 25/4.5 new8 225 ILCS 25/6from Ch. 111, par. 23069 225 ILCS 25/8.0510 225 ILCS 25/11from Ch. 111, par. 231111 225 ILCS 25/13from Ch. 111, par. 231312 225 ILCS 25/14from Ch. 111, par. 231413 225 ILCS 25/16from Ch. 111, par. 231614 225 ILCS 25/1715 225 ILCS 25/18from Ch. 111, par. 231816 225 ILCS 25/18.117 225 ILCS 25/19from Ch. 111, par. 231918 225 ILCS 25/19.219 225 ILCS 25/20from Ch. 111, par. 232020 225 ILCS 25/22from Ch. 111, par. 232221 225 ILCS 25/23from Ch. 111, par. 232322 225 ILCS 25/23afrom Ch. 111, par. 2323a23 225 ILCS 25/23b24 225 ILCS 25/24from Ch. 111, par. 232425 225 ILCS 25/25from Ch. 111, par. 2325 HB1805- 103 -LRB104 07526 AAS 17570 b HB1805- 102 -LRB104 07526 AAS 17570 b HB1805 - 102 - LRB104 07526 AAS 17570 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.36 4 5 ILCS 80/4.41 new 5 225 ILCS 25/2 from Ch. 111, par. 2302 6 225 ILCS 25/4 7 225 ILCS 25/4.5 new 8 225 ILCS 25/6 from Ch. 111, par. 2306 9 225 ILCS 25/8.05 10 225 ILCS 25/11 from Ch. 111, par. 2311 11 225 ILCS 25/13 from Ch. 111, par. 2313 12 225 ILCS 25/14 from Ch. 111, par. 2314 13 225 ILCS 25/16 from Ch. 111, par. 2316 14 225 ILCS 25/17 15 225 ILCS 25/18 from Ch. 111, par. 2318 16 225 ILCS 25/18.1 17 225 ILCS 25/19 from Ch. 111, par. 2319 18 225 ILCS 25/19.2 19 225 ILCS 25/20 from Ch. 111, par. 2320 20 225 ILCS 25/22 from Ch. 111, par. 2322 21 225 ILCS 25/23 from Ch. 111, par. 2323 22 225 ILCS 25/23a from Ch. 111, par. 2323a 23 225 ILCS 25/23b 24 225 ILCS 25/24 from Ch. 111, par. 2324 25 225 ILCS 25/25 from Ch. 111, par. 2325 HB1805- 103 -LRB104 07526 AAS 17570 b HB1805 - 103 - LRB104 07526 AAS 17570 b
	3617	+	HB1805- 102 -LRB104 07526 AAS 17570 b HB1805 - 102 - LRB104 07526 AAS 17570 b
	3618	+	HB1805 - 102 - LRB104 07526 AAS 17570 b
	3619	+	1 INDEX
	3620	+	2 Statutes amended in order of appearance
	3621	+	3 5 ILCS 80/4.36
	3622	+	4 5 ILCS 80/4.41 new
	3623	+	5 225 ILCS 25/2 from Ch. 111, par. 2302
	3624	+	6 225 ILCS 25/4
	3625	+	7 225 ILCS 25/4.5 new
	3626	+	8 225 ILCS 25/6 from Ch. 111, par. 2306
	3627	+	9 225 ILCS 25/8.05
	3628	+	10 225 ILCS 25/11 from Ch. 111, par. 2311
	3629	+	11 225 ILCS 25/13 from Ch. 111, par. 2313
	3630	+	12 225 ILCS 25/14 from Ch. 111, par. 2314
	3631	+	13 225 ILCS 25/16 from Ch. 111, par. 2316
	3632	+	14 225 ILCS 25/17
	3633	+	15 225 ILCS 25/18 from Ch. 111, par. 2318
	3634	+	16 225 ILCS 25/18.1
	3635	+	17 225 ILCS 25/19 from Ch. 111, par. 2319
	3636	+	18 225 ILCS 25/19.2
	3637	+	19 225 ILCS 25/20 from Ch. 111, par. 2320
	3638	+	20 225 ILCS 25/22 from Ch. 111, par. 2322
	3639	+	21 225 ILCS 25/23 from Ch. 111, par. 2323
	3640	+	22 225 ILCS 25/23a from Ch. 111, par. 2323a
	3641	+	23 225 ILCS 25/23b
	3642	+	24 225 ILCS 25/24 from Ch. 111, par. 2324
	3643	+	25 225 ILCS 25/25 from Ch. 111, par. 2325
	3644	+	HB1805- 103 -LRB104 07526 AAS 17570 b HB1805 - 103 - LRB104 07526 AAS 17570 b
	3645	+	HB1805 - 103 - LRB104 07526 AAS 17570 b
	3646	+
	3647	+
	3648	+
	3649	+
	3650	+
	3651	+	HB1805 - 101 - LRB104 07526 AAS 17570 b
	3652	+
	3653	+
	3654	+
	3655	+	HB1805- 102 -LRB104 07526 AAS 17570 b HB1805 - 102 - LRB104 07526 AAS 17570 b
	3656	+	HB1805 - 102 - LRB104 07526 AAS 17570 b
	3657	+	1 INDEX
	3658	+	2 Statutes amended in order of appearance
	3659	+	3 5 ILCS 80/4.36
	3660	+	4 5 ILCS 80/4.41 new
	3661	+	5 225 ILCS 25/2 from Ch. 111, par. 2302
	3662	+	6 225 ILCS 25/4
	3663	+	7 225 ILCS 25/4.5 new
	3664	+	8 225 ILCS 25/6 from Ch. 111, par. 2306
	3665	+	9 225 ILCS 25/8.05
	3666	+	10 225 ILCS 25/11 from Ch. 111, par. 2311
	3667	+	11 225 ILCS 25/13 from Ch. 111, par. 2313
	3668	+	12 225 ILCS 25/14 from Ch. 111, par. 2314
	3669	+	13 225 ILCS 25/16 from Ch. 111, par. 2316
	3670	+	14 225 ILCS 25/17
	3671	+	15 225 ILCS 25/18 from Ch. 111, par. 2318
	3672	+	16 225 ILCS 25/18.1
	3673	+	17 225 ILCS 25/19 from Ch. 111, par. 2319
	3674	+	18 225 ILCS 25/19.2
	3675	+	19 225 ILCS 25/20 from Ch. 111, par. 2320
	3676	+	20 225 ILCS 25/22 from Ch. 111, par. 2322
	3677	+	21 225 ILCS 25/23 from Ch. 111, par. 2323
	3678	+	22 225 ILCS 25/23a from Ch. 111, par. 2323a
	3679	+	23 225 ILCS 25/23b
	3680	+	24 225 ILCS 25/24 from Ch. 111, par. 2324
	3681	+	25 225 ILCS 25/25 from Ch. 111, par. 2325
	3682	+
	3683	+
	3684	+
	3685	+
	3686	+
	3687	+	HB1805 - 102 - LRB104 07526 AAS 17570 b
	3688	+
	3689	+
	3690	+	HB1805- 103 -LRB104 07526 AAS 17570 b HB1805 - 103 - LRB104 07526 AAS 17570 b
	3691	+	HB1805 - 103 - LRB104 07526 AAS 17570 b
	3692	+
	3693	+
	3694	+
	3695	+
	3696	+
	3697	+	HB1805 - 103 - LRB104 07526 AAS 17570 b