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Public Act 101-0064 | ||||
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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 Section 4 and by adding Sections 13.5 and 13.10 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(Section scheduled to be repealed on January 1, 2026)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 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 | ||
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
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dentist authorize the procedures which
are being carried
out by | ||
a notation in the patient's record, but not requiring that a | ||
dentist
be present when the authorized
procedures are being | ||
performed. The
issuance of a prescription to a dental | ||
laboratory by a
dentist does not constitute general | ||
supervision.
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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, and oral and maxillofacial
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radiology.
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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
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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
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 | ||
approved by rule by the Department in advanced areas specific | ||
to public health dentistry , including, but not limited to, | ||
emergency procedures for medically compromised patients, | ||
pharmacology, medical recordkeeping procedures, geriatric | ||
dentistry, pediatric dentistry, pathology, and other areas of | ||
study as determined by the Department, and works in a public | ||
health setting pursuant to a written public health supervision | ||
agreement as defined by rule by the Department with a dentist |
working in or contracted with a local or State government | ||
agency or institution or who is providing services as part of a | ||
certified school-based program or school-based oral health | ||
program . | ||
"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; or a certified | ||
school-based health center or school-based oral health | ||
program. | ||
"Public health supervision" means the supervision of a | ||
public health dental hygienist by a licensed dentist who has a | ||
written public health supervision agreement with that public | ||
health dental hygienist while working in an approved facility | ||
or program that allows the public health dental hygienist to | ||
treat patients, without a dentist first examining the patient | ||
and being present in the facility during treatment, (1) who are | ||
eligible for Medicaid or (2) who are uninsured and whose | ||
household income is not greater than 200% of the federal | ||
poverty level. | ||
(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15; | ||
99-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff. | ||
1-1-18; 100-863, eff. 8-14-18.)
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(225 ILCS 25/13.5 new) | ||
Sec. 13.5. Training programs for public health dental |
hygienists. | ||
(a) With respect to the requirement that a public health | ||
dental hygienist have additional structured courses in dental | ||
education in advanced areas specific to public health | ||
dentistry, education in advanced areas specific to public | ||
health dentistry must include emergency procedures for | ||
medically compromised patients (5 hours), pharmacology (5 | ||
hours), medical recordkeeping procedures (4 hours), geriatric | ||
dentistry (5 hours), pediatric dentistry (5 hours), and | ||
pathology (5 hours) provided by: | ||
(1) an educational institution accredited by the | ||
Commission on Dental Accreditation, such as a dental school | ||
or dental hygiene program; or | ||
(2) a statewide dental association or dental hygiene | ||
association, approved by the Department to provide | ||
continuing education, that has developed and conducted | ||
training programs for expanded functions for dental | ||
assistants and hygienists. | ||
(b) Training programs for a public health dental hygienist | ||
must: | ||
(1) include a minimum 29 hours of didactic study as | ||
described in subsection (a), which may be taken in an | ||
online structured format and in compliance with the | ||
continued learning education requirements of 68 Illinois | ||
Administrative Code 1220.440; | ||
(2) require completion of 5 hours of didactic courses |
in the following topic areas: special needs dentistry, | ||
teledentistry, nutritional needs of geriatric and low | ||
income patients, communication techniques with non-English | ||
speaking patients, cultural competency, and professional | ||
ethics; | ||
(3) require completion of an 8 hour in-person classroom | ||
review that includes a comprehension exam on the subjects | ||
required in subsection (a) and submit certification of | ||
successful completion to the supervising dentist; and | ||
(4) issue a certificate of completion of the training | ||
program requirement, which must be kept on file at the | ||
supervising dentist's office and with the public health | ||
dental hygienist which will be made available to the | ||
Department upon request. | ||
(225 ILCS 25/13.10 new) | ||
Sec. 13.10. Public health dental hygienist supervision | ||
agreement. After completion of the requirements of Section | ||
13.5, a public
health dental hygienist may operate in a public | ||
health setting
that meets the requirements of Section 18.1 with | ||
a dentist who
is working in or has contracted with a local or | ||
State
government agency or institution or who is providing | ||
services
as part of a certified school-based program or | ||
school-based
oral health program.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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