Public Act 0431 103RD GENERAL ASSEMBLY |
Public Act 103-0431 |
HB2267 Enrolled | LRB103 30203 AMQ 56631 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by |
changing Sections 4, 17, 18, and 18.1 as follows:
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(225 ILCS 25/4)
(from Ch. 111, par. 2304)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 4. Definitions. As used in this Act:
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"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file as maintained by the Department's |
licensure maintenance unit. It is the duty of the applicant or |
licensee to inform the Department of any change of address and |
those changes must be made either through the Department's |
website or by contacting the Department. |
"Department" means the Department of Financial and |
Professional Regulation.
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"Secretary" means the Secretary of Financial and |
Professional Regulation.
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"Board" means the Board of Dentistry.
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"Dentist" means a person who has received a general |
license pursuant
to paragraph (a) of Section 11 of this Act and |
who may perform any intraoral
and extraoral procedure required |
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in the practice of dentistry and to whom is
reserved the |
responsibilities specified in Section 17.
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"Dental hygienist" means a person who holds a license |
under this Act to
perform dental services as authorized by |
Section 18.
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"Dental assistant" means an appropriately trained person
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who, under the supervision of a dentist, provides dental |
services
as authorized by Section 17.
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"Expanded function dental assistant" means a dental |
assistant who has completed the training required by Section |
17.1 of this Act. |
"Dental laboratory" means a person, firm or corporation |
which:
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(i) engages in making, providing, repairing or |
altering dental
prosthetic appliances and other artificial |
materials and devices which are
returned to a dentist for |
insertion into the human oral cavity or which
come in |
contact with its adjacent structures and tissues; and
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(ii) utilizes or employs a dental technician to |
provide such services; and
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(iii) performs such functions only for a dentist or |
dentists.
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"Supervision" means supervision of a dental hygienist or a |
dental
assistant requiring that a dentist authorize the |
procedure, remain in the
dental facility while the procedure |
is performed, and approve the work
performed by the dental |
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hygienist or dental assistant before dismissal of
the patient, |
but does not mean that the dentist must be present at all
times |
in the treatment room.
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"General supervision" means supervision of a dental |
hygienist
requiring that the patient be a patient of record,
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that the dentist
examine the patient in accordance with |
Section 18 prior to treatment by the
dental hygienist, and |
that the
dentist authorize the procedures which
are being |
carried
out by a notation in the patient's record, but not |
requiring that a dentist
be present when the authorized
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procedures are being performed. The
issuance of a prescription |
to a dental laboratory by a
dentist does not constitute |
general supervision.
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"Public member" means a person who is not a health |
professional.
For purposes of board membership, any person |
with a significant financial
interest in a health service or |
profession is not a public member.
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"Dentistry" means the healing art which is concerned with |
the
examination, diagnosis, treatment planning and care of |
conditions within
the human oral cavity and its adjacent |
tissues and structures, as further
specified in Section 17.
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"Branches of dentistry" means the various specialties of |
dentistry
which, for purposes of this Act, shall be limited to |
the following:
endodontics, oral and maxillofacial surgery, |
orthodontics and dentofacial
orthopedics, pediatric dentistry,
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periodontics, prosthodontics, oral and maxillofacial
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radiology, and dental anesthesiology.
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"Specialist" means a dentist who has received a specialty |
license
pursuant to Section 11(b).
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"Dental technician" means a person who owns, operates or |
is
employed by a dental laboratory and engages in making, |
providing, repairing
or altering dental prosthetic appliances |
and other artificial materials and
devices which are returned |
to a dentist for insertion into the human oral
cavity or which |
come in contact with its adjacent structures and tissues.
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"Impaired dentist" or "impaired dental hygienist" means a |
dentist
or dental hygienist who is unable to practice with
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reasonable skill and safety because of a physical or mental |
disability as
evidenced by a written determination or written |
consent based on clinical
evidence, including deterioration |
through the aging process, loss of motor
skills, abuse of |
drugs or alcohol, or a psychiatric disorder, of sufficient
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degree to diminish the person's ability to deliver competent |
patient care.
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"Nurse" means a registered professional nurse, a certified |
registered
nurse anesthetist licensed as an advanced practice
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registered nurse, or a licensed practical nurse licensed under |
the Nurse Practice Act.
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"Patient of record" means a patient for whom the patient's |
most recent
dentist has obtained
a
relevant medical and dental |
history and on whom the dentist has performed an
examination |
and evaluated the condition to be treated.
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"Dental responder" means a dentist or dental hygienist who |
is appropriately certified in disaster preparedness, |
immunizations, and dental humanitarian medical response |
consistent with the Society of Disaster Medicine and Public |
Health and training certified by the National Incident |
Management System or the National Disaster Life Support |
Foundation.
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"Mobile dental van or portable dental unit" means any |
self-contained or portable dental unit in which dentistry is |
practiced that can be moved, towed, or transported from one |
location to another in order to establish a location where |
dental services can be provided. |
"Public health dental hygienist" means a hygienist who |
holds a valid license to practice in the State, has 2 years of |
full-time clinical experience or an equivalent of 4,000 hours |
of clinical experience and has completed at least 42 clock |
hours of additional structured courses in dental education in |
advanced areas specific to public health dentistry. |
"Public health setting" means a federally qualified health |
center; a federal, State, or local public health facility; |
Head Start; a special supplemental nutrition program for |
Women, Infants, and Children (WIC) facility; a certified |
school-based health center or school-based oral health |
program; a prison; or a long-term care facility. |
"Public health supervision" means the supervision of a |
public health dental hygienist by a licensed dentist who has a |
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written public health supervision agreement with that public |
health dental hygienist while working in an approved facility |
or program that allows the public health dental hygienist to |
treat patients, without a dentist first examining the patient |
and being present in the facility during treatment, (1) who |
are eligible for Medicaid or (2) who are uninsured or and whose |
household income is not greater than 300% 200% of the federal |
poverty level. |
"Teledentistry" means the use of telehealth systems and |
methodologies in dentistry and includes patient care and |
education delivery using synchronous and asynchronous |
communications under a dentist's authority as provided under |
this Act. |
(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; |
102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. |
1-1-23 .)
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(225 ILCS 25/17) (from Ch. 111, par. 2317)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 17. Acts constituting the practice of dentistry. A |
person
practices dentistry, within the meaning of this Act:
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(1) Who represents himself or herself as being able to |
diagnose or diagnoses,
treats, prescribes, or operates for |
any disease, pain, deformity, deficiency,
injury, or |
physical condition of the human tooth, teeth, alveolar |
process,
gums or jaw; or
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(2) Who is a manager, proprietor, operator or |
conductor of a
business where
dental operations are |
performed; or
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(3) Who performs dental operations of any kind; or
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(4) Who uses an X-Ray machine or X-Ray films for
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dental diagnostic purposes; or
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(5) Who extracts a human tooth or teeth, or corrects |
or attempts to
correct
malpositions of the human teeth or |
jaws; or
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(6) Who offers or undertakes, by any means or method, |
to diagnose, treat
or remove stains, calculus, and bonding |
materials from human teeth or jaws; or
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(7) Who uses or administers local or general |
anesthetics in the treatment
of dental or oral diseases or |
in any preparation incident to a dental operation
of any |
kind or character; or
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(8) Who takes material or digital scans for final |
impressions of the human tooth, teeth, or jaws or performs
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any phase of any operation incident to the replacement of |
a part of a tooth,
a tooth, teeth or associated tissues by |
means of a filling, crown, a bridge,
a denture or other |
appliance; or
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(9) Who offers to furnish, supply, construct, |
reproduce or repair, or
who furnishes, supplies, |
constructs, reproduces or repairs, prosthetic
dentures, |
bridges or other substitutes for natural teeth, to the |
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user or
prospective user thereof; or
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(10) Who instructs students on clinical matters or |
performs any clinical
operation included in the curricula |
of recognized dental schools and colleges; or
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(11) Who takes material or digital scans for final |
impressions of human teeth or places his or her hands in |
the mouth of any person for the purpose of applying teeth |
whitening materials, or who takes impressions of human |
teeth or places his or her hands in the mouth of any person |
for the purpose of assisting in the application of teeth |
whitening materials. A person does not practice dentistry |
when he or she discloses to the consumer that he or she is |
not licensed as a dentist under this Act and (i) discusses |
the use of teeth whitening materials with a consumer |
purchasing these materials; (ii) provides instruction on |
the use of teeth whitening materials with a consumer |
purchasing these materials; or (iii) provides appropriate |
equipment on-site to the consumer for the consumer to |
self-apply teeth whitening materials. |
The fact that any person engages in or performs, or offers |
to engage in
or perform, any of the practices, acts, or |
operations set forth in this
Section, shall be prima facie |
evidence that such person is engaged in the
practice of |
dentistry.
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The following practices, acts, and operations, however, |
are exempt from
the operation of this Act:
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(a) The rendering of dental relief in emergency cases |
in the practice
of his or her profession by a physician or |
surgeon, licensed as such
under the laws of this State, |
unless he or she undertakes to reproduce or reproduces
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lost parts of the human teeth in the mouth or to restore or |
replace lost
or missing teeth in the mouth; or
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(b) The practice of dentistry in the discharge of |
their official duties
by dentists in any branch of the |
Armed Services of the United States, the
United States |
Public Health Service, or the United States Veterans
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Administration; or
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(c) The practice of dentistry by students in their |
course of study
in dental schools or colleges approved by |
the Department, when acting under the
direction and |
supervision of dentists acting as instructors; or
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(d) The practice of dentistry by clinical instructors |
in the course of
their teaching duties in dental schools |
or colleges approved by the
Department:
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(i) when acting under the direction and |
supervision of dentists,
provided that such clinical |
instructors have instructed continuously in
this State |
since January 1, 1986; or
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(ii) when holding the rank of full professor at |
such approved dental
school or college and possessing |
a current valid license or authorization
to practice |
dentistry in another country; or
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(e) The practice of dentistry by licensed dentists of |
other states or
countries at meetings of the Illinois |
State Dental Society or component
parts thereof, alumni |
meetings of dental colleges, or any other like dental
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organizations, while appearing as clinicians; or
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(f) The use of X-Ray machines for exposing X-Ray films |
of dental or oral
tissues by dental hygienists or dental |
assistants; or
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(g) The performance of any dental service by a dental |
assistant, if such
service is performed under the |
supervision and full responsibility of a
dentist. In |
addition, after being authorized by a dentist, a dental |
assistant may, for the purpose of eliminating pain or |
discomfort, remove loose, broken, or irritating |
orthodontic appliances on a patient of record.
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For purposes of this paragraph (g), "dental service" |
is defined to mean
any intraoral procedure or act which |
shall be prescribed by rule or
regulation of the |
Department. Dental service, however, shall not include:
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(1) Any and all diagnosis of or prescription for |
treatment of disease,
pain, deformity, deficiency, |
injury or physical condition of the human teeth
or |
jaws, or adjacent structures.
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(2) Removal of, or restoration of, or addition
to |
the hard or soft tissues of the oral cavity, except for |
the placing, carving, and finishing of amalgam |
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restorations and placing, packing, and finishing |
composite restorations by dental assistants who have |
had additional formal education and certification. |
A dental assistant may place, carve, and finish |
amalgam restorations, place, pack, and finish |
composite restorations, and place interim restorations |
if he or she (A) has successfully completed a |
structured training program as described in item (2) |
of subsection (g) provided by an educational |
institution accredited by the Commission on Dental |
Accreditation, such as a dental school or dental |
hygiene or dental assistant program, or (B) has at |
least 4,000 hours of direct clinical patient care |
experience and has successfully completed a structured |
training program as described in item (2) of |
subsection (g) provided by a statewide dental |
association, approved by the Department to provide |
continuing education, that has developed and conducted |
training programs for expanded functions for dental |
assistants or hygienists. The training program must: |
(i) include a minimum of 16 hours of didactic study and |
14 hours of clinical manikin instruction; all training |
programs shall include areas of study in nomenclature, |
caries classifications, oral anatomy, periodontium, |
basic occlusion, instrumentations, pulp protection |
liners and bases, dental materials, matrix and wedge |
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techniques, amalgam placement and carving, rubber dam |
clamp placement, and rubber dam placement and removal; |
(ii) include an outcome assessment examination that |
demonstrates competency; (iii) require the supervising |
dentist to observe and approve the completion of 8 |
amalgam or composite restorations; and (iv) issue a |
certificate of completion of the training program, |
which must be kept on file at the dental office and be |
made available to the Department upon request. A |
dental assistant must have successfully completed an |
approved coronal polishing and dental sealant course |
prior to taking the amalgam and composite restoration |
course. |
A dentist utilizing dental assistants shall not |
supervise more than 4 dental assistants at any one |
time for placing, carving, and finishing of amalgam |
restorations or for placing, packing, and finishing |
composite restorations.
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(3) Any and all correction of malformation of |
teeth or of the jaws.
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(4) Administration of anesthetics, except for |
monitoring of
nitrous oxide, conscious sedation, deep |
sedation, and general anesthetic as provided in |
Section 8.1 of this Act, that may be performed only |
after successful completion of a training
program |
approved by the Department. A dentist utilizing dental |
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assistants shall not supervise more than 4 dental |
assistants at any one time for the monitoring of |
nitrous oxide.
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(5) Removal of calculus from human teeth.
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(6) Taking of material or digital scans for final |
impressions for the fabrication of prosthetic
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appliances,
crowns,
bridges, inlays, onlays, or other |
restorative or replacement
dentistry.
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(7) The operative procedure of dental hygiene |
consisting of oral
prophylactic procedures, except for |
coronal polishing and pit and fissure sealants,
which |
may be
performed by a
dental assistant who has |
successfully completed a training program approved by
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the Department. Dental assistants may perform coronal |
polishing under the
following circumstances: (i) the |
coronal polishing shall be limited to
polishing the
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clinical crown of the tooth and existing restorations, |
supragingivally; (ii)
the
dental assistant performing |
the coronal polishing shall be limited to the use
of
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rotary instruments using a rubber cup or brush |
polishing method (air polishing
is
not permitted); and |
(iii) the supervising dentist shall not supervise more
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than 4
dental assistants at any one time for the task |
of coronal polishing or pit and fissure sealants.
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In addition to coronal polishing and pit and |
fissure sealants as described in this item (7), a |
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dental assistant who has at least 2,000 hours of |
direct clinical patient care experience and who has |
successfully completed a structured training program |
provided by (1) an educational institution including, |
but not limited to, a dental school or dental hygiene |
or dental assistant program, or (2) a continuing |
education provider approved by the Department, or (3) |
a statewide dental or dental hygienist association, |
approved by the Department on or before January 1, |
2017 (the effective date of Public Act 99-680) , that |
has developed and conducted a training program for |
expanded functions for dental assistants or hygienists |
may perform: (A) coronal scaling above the gum line, |
supragingivally, on the clinical crown of the tooth |
only on patients 17 years of age or younger who have an |
absence of periodontal disease and who are not |
medically compromised or individuals with special |
needs and (B) intracoronal temporization of a tooth. |
The training program must: (I) include a minimum of 32 |
hours of instruction in both didactic and clinical |
manikin or human subject instruction; all training |
programs shall include areas of study in dental |
anatomy, public health dentistry, medical history, |
dental emergencies, and managing the pediatric |
patient; (II) include an outcome assessment |
examination that demonstrates competency; (III) |
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require the supervising dentist to observe and approve |
the completion of 6 full mouth supragingival scaling |
procedures unless the training was received as part of |
a Commission on Dental Accreditation approved dental |
assistant program; and (IV) issue a certificate of |
completion of the training program, which must be kept |
on file at the dental office and be made available to |
the Department upon request. A dental assistant must |
have successfully completed an approved coronal |
polishing course prior to taking the coronal scaling |
course. A dental assistant performing these functions |
shall be limited to the use of hand instruments only. |
In addition, coronal scaling as described in this |
paragraph shall only be utilized on patients who are |
eligible for Medicaid, who are uninsured, or whose |
household income is not greater than 300% of the |
federal poverty level. A dentist may not supervise |
more than 2 dental assistants at any one time for the |
task of coronal scaling. This paragraph is inoperative |
on and after January 1, 2026. |
The limitations on the number of dental assistants a |
dentist may supervise contained in items (2), (4), and (7) |
of this paragraph (g) mean a limit of 4 total dental |
assistants or dental hygienists doing expanded functions |
covered by these Sections being supervised by one dentist; |
or |
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(h) The practice of dentistry by an individual who:
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(i) has applied in writing to the Department, in |
form and substance
satisfactory to the Department, for |
a general dental license and has
complied with all |
provisions of Section 9 of this Act, except for the
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passage of the examination specified in subsection (e) |
of Section 9 of this
Act; or
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(ii) has applied in writing to the Department, in |
form and substance
satisfactory to the Department, for |
a temporary dental license and has
complied with all |
provisions of subsection (c) of Section 11 of this |
Act; and
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(iii) has been accepted or appointed for specialty |
or residency training
by a hospital situated in this |
State; or
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(iv) has been accepted or appointed for specialty |
training in an
approved dental program situated in |
this State; or
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(v) has been accepted or appointed for specialty |
training in a dental
public health agency situated in |
this State.
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The applicant shall be permitted to practice dentistry |
for a period of 3
months from the starting date of the |
program, unless authorized in writing
by the Department to |
continue such practice for a period specified in
writing |
by the Department.
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The applicant shall only be entitled to perform such |
acts as may be
prescribed by and incidental to his or her |
program of residency or specialty
training and shall not |
otherwise engage in the practice of dentistry in this
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State.
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The authority to practice shall terminate immediately |
upon:
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(1) the decision of the Department that the |
applicant has failed the
examination; or
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(2) denial of licensure by the Department; or
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(3) withdrawal of the application.
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(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; |
102-936, eff. 1-1-23 .)
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(225 ILCS 25/18)
(from Ch. 111, par. 2318)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 18. Acts constituting the practice of dental hygiene;
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limitations. |
(a) A person practices dental hygiene within the meaning |
of this Act when
he or she performs the following acts under |
the supervision of a dentist:
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(i) the operative procedure of dental hygiene, |
consisting of oral
prophylactic procedures;
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(ii) the exposure and processing of X-Ray films of the |
teeth and
surrounding structures;
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(iii) the application to the surfaces of the teeth or |
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gums of chemical
compounds designed to be desensitizing |
agents or effective agents in the
prevention of dental |
caries or periodontal disease;
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(iv) all services which may be performed by a
dental |
assistant as specified by rule pursuant to Section 17, and |
a dental hygienist may engage in the placing, carving, and |
finishing of amalgam restorations only after obtaining |
formal education and certification as determined by the |
Department;
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(v) administration and monitoring of nitrous oxide |
upon successful
completion of a
training program approved |
by the Department;
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(vi) administration of local anesthetics upon |
successful completion of
a
training program approved by |
the Department; and
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(vii) such other procedures and acts as shall be |
prescribed
by
rule or regulation of the Department.
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(b) A dental hygienist may be employed or engaged only:
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(1) by a dentist;
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(2) by a federal, State, county, or municipal agency |
or institution;
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(3) by a public or private school; or
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(4) by a public clinic operating under the direction |
of a hospital or
federal,
State, county, municipal, or |
other public agency or institution.
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(c) When employed or engaged in the office of a dentist, a |
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dental hygienist
may
perform, under general supervision, those |
procedures found in items (i) through
(iv) of
subsection (a) |
of this Section, provided the patient has been examined by the
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dentist
within one year of the provision of dental hygiene |
services, the dentist has
approved the
dental hygiene services |
by a notation in the patient's record and the patient
has been
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notified that the dentist may be out of the office during the |
provision of
dental hygiene
services.
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(d) If a patient of record is unable to travel to a dental |
office because of
illness,
infirmity, or
imprisonment, a |
dental hygienist may perform, under the general supervision of
|
a dentist,
those procedures found in items (i) through (iv) of |
subsection (a) of this
Section,
provided the patient is |
located in a long-term care facility licensed by the
State of |
Illinois,
a mental health or developmental disability |
facility, or a State or federal
prison. The dentist
shall |
either personally examine and diagnose the patient or utilize |
approved teledentistry communication methods and determine |
which
services are necessary to be performed, which shall be |
contained in an order to the hygienist and a notation in the |
patient's record.
Such order must be implemented within 45 |
days
of its issuance, and an updated medical history and |
observation of oral
conditions
must be performed by the |
hygienist immediately prior to beginning the
procedures to |
ensure that the patient's health has not changed in any
manner |
to warrant a reexamination by the dentist.
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(e) School-based oral health care,
consisting of and |
limited to oral prophylactic
procedures, sealants, and |
fluoride treatments,
may be provided by a dental hygienist
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under the general supervision of a dentist. A dental hygienist |
may not provide
other dental hygiene treatment in a |
school-based setting, including but not
limited to |
administration or monitoring of nitrous oxide or |
administration of
local anesthetics. The school-based |
procedures may be performed provided the
patient is located at |
a public or private school and the program is being
conducted |
by a State, county or local public health department |
initiative or in
conjunction with a dental school or dental |
hygiene program.
The dentist shall personally examine and |
diagnose the patient and
determine
which services are |
necessary to be performed, which shall be contained in an
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order to the
hygienist and a notation in the patient's record. |
Any such order for sealants must be implemented within 120 |
days after its issuance. Any such order for oral prophylactic |
procedures or fluoride treatments must be implemented within |
180 days after its issuance. An updated medical history and |
observation of
oral conditions
must be
performed by the |
hygienist immediately prior to beginning the procedures to
|
ensure that
the patient's health has not changed in any manner |
to warrant a reexamination
by the
dentist.
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(f) Without the supervision of a dentist, a dental |
hygienist
may perform
dental health education functions, |
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including instruction in proper oral health care and dental |
hygiene in , for example, either a school setting , a or |
long-term care facility , and a health fair . In addition, a |
dental hygienist may record case care histories and oral |
conditions observed at any time prior to a clinical exam by a |
dentist.
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(g) The number of dental hygienists practicing in a dental |
office shall
not
exceed, at any one time, 4 times the number of |
dentists practicing in the
office at the time.
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(h) A dental hygienist who is certified as a public health |
dental hygienist may provide services to patients: (1) who are |
eligible for Medicaid or (2) who are uninsured and whose |
household income is not greater than 300% of the federal |
poverty level. A public health dental hygienist may perform |
oral assessments, perform screenings, and provide educational |
and preventative services as provided in subsection (b) of |
Section 18.1 of this Act. The public health dental hygienist |
may not administer local anesthesia or nitrous oxide, or |
place, carve, or finish amalgam restorations or provide |
periodontal therapy under this exception. Each patient must |
sign a consent form that acknowledges that the care received |
does not take the place of a regular dental examination. The |
public health dental hygienist must provide the patient or |
guardian a written referral to a dentist for assessment of the |
need for further dental care at the time of treatment. Any |
indication or observation of a condition that could warrant |
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the need for urgent attention must be reported immediately to |
the supervising dentist for appropriate assessment and |
treatment. |
This subsection (h) is inoperative on and after January 1, |
2026. |
(i) A dental hygienist performing procedures listed in |
paragraphs (1) through (4) of subsection (a) of Section 17.1 |
must be under the supervision of a dentist, requiring the |
dentist authorizes the procedure, remains in the dental |
facility while the procedure is performed, and approves the |
work performed by the dental hygienist before dismissal of the |
patient, but the dentist is not required to be present at all |
times in the treatment room. |
(j) A dental hygienist may perform actions described in |
paragraph (5) of subsection (a) of Section 17.1 under the |
general supervision of a dentist as described in this Section. |
(Source: P.A. 101-162, eff. 7-26-19; 102-936, eff. 1-1-23 .)
|
(225 ILCS 25/18.1) |
(Section scheduled to be repealed on January 1, 2026) |
Sec. 18.1. Public health dental supervision |
responsibilities. |
(a) When working together in a public health supervision |
relationship, dentists and public health dental hygienists |
shall enter into a public health supervision agreement. The |
dentist providing public health supervision must: |
|
(1) be available to provide an appropriate level of |
contact, communication, collaboration, and consultation |
with the public health dental hygienist and must meet |
in-person with the public health dental hygienist at least |
quarterly for review and consultation; |
(2) have specific standing orders or policy guidelines |
for procedures that are to be carried out for each |
location or program, although the dentist need not be |
present when the procedures are being performed; |
(3) provide for the patient's additional necessary |
care in consultation with the public health dental |
hygienist; |
(4) file agreements and notifications as required; and |
(5) include procedures for creating and maintaining |
dental records, including protocols for transmission of |
all records between the public health dental hygienist and |
the dentist following each treatment, which shall include |
a notation regarding procedures authorized by the dentist |
and performed by the public health dental hygienist and |
the location where those records are to be kept. |
Each dentist and hygienist who enters into a public health |
supervision agreement must document and maintain a copy of any |
change or termination of that agreement. |
Dental records shall be owned and maintained by the |
supervising dentist for all patients treated under public |
health supervision, unless the supervising dentist is an |
|
employee of a public health clinic or federally qualified |
health center, in which case the public health clinic or |
federally qualified health center shall maintain the records. |
If a dentist ceases to be employed or contracted by the |
facility, the dentist shall notify the facility administrator |
that the public health supervision agreement is no longer in |
effect. A new public health supervision agreement is required |
for the public health dental hygienist to continue treating |
patients under public health supervision. |
A dentist entering into an agreement under this Section |
may supervise and enter into agreements for public health |
supervision with 4 2 public health dental hygienists. This |
shall be in addition to the limit of 4 dental hygienists per |
dentist set forth in subsection (g) of Section 18 of this Act. |
(b) A public health dental hygienist providing services |
under public health supervision may perform only those duties |
within the accepted scope of practice of dental hygiene, as |
follows: |
(1) the operative procedures of dental hygiene, |
consisting of oral prophylactic procedures, including |
prophylactic cleanings, application of fluoride, and |
placement of sealants; |
(2) the exposure and processing of x-ray films of the |
teeth and surrounding structures; and |
(3) such other procedures and acts as shall be |
prescribed by rule of the Department. |
|
Any patient treated under this subsection (b) must be |
examined by a dentist before additional services can be |
provided by a public health dental hygienist. However, if the |
supervising dentist, after consultation with the public health |
hygienist, determines that time is needed to complete an |
approved treatment plan on a patient eligible under this |
Section, then the dentist may instruct the hygienist to |
complete the remaining services prior to an oral examination |
by the dentist. Such instruction by the dentist to the |
hygienist shall be noted in the patient's records. Any |
services performed under this exception must be scheduled in a |
timely manner and shall not occur more than 30 days after the |
first appointment date. |
(c) A public health dental hygienist providing services |
under public health supervision must: |
(1) provide to the patient, parent, or guardian a |
written plan for referral or an agreement for follow-up |
that records all conditions observed that should be called |
to the attention of a dentist for proper diagnosis; |
(2) have each patient sign a permission slip or |
consent form that informs them that the service to be |
received does not take the place of regular dental |
checkups at a dental office and is meant for people who |
otherwise would not have access to the service; |
(3) inform each patient who may require further dental |
services of that need; |
|
(4) maintain an appropriate level of contact and |
communication with the dentist providing public health |
supervision; and |
(5) complete an additional 4 hours of continuing |
education in areas specific to public health dentistry |
yearly. |
(d) Each public health dental hygienist who has rendered |
services under subsections (c), (d), and (e) of this Section |
must complete a summary report at the completion of a program |
or, in the case of an ongoing program, at least annually. The |
report must be completed in the manner specified by the |
Division of Oral Health in the Department of Public Health |
Oral Health Section including information about each location |
where the public health dental hygienist has rendered these |
services. The public health dental hygienist must submit the |
form to the dentist providing supervision for his or her |
signature before sending it to the Division. The Department of |
Public Health Oral Health Section shall compile and publicize |
public health dental hygienist service data annually. |
(e) Public health dental hygienists providing services |
under public health supervision may be compensated for their |
work by salary, honoraria, and other mechanisms by the |
employing or sponsoring entity. Nothing in this Act shall |
preclude the entity that employs or sponsors a public health |
dental hygienist from seeking payment, reimbursement, or other |
source of funding for the services provided. |
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(f) This Section is repealed on January 1, 2026.
|
(Source: P.A. 101-162, eff. 7-26-19.)
|