Public Act 102-0093
 
SB0335 EnrolledLRB102 10201 SPS 15524 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Dental Practice Act is amended by 
changing Sections 4 and 9 as follows:
 


    (225 ILCS 25/4)
  (from Ch. 111, par. 2304)


    (Section scheduled to be repealed on January 1, 2026)

    Sec. 4. Definitions. As used in this Act:

    "Address of record" means the designated address recorded 
by the Department in the applicant's or licensee's application 
file or license file as maintained by the Department's 
licensure maintenance unit. It is the duty of the applicant or 
licensee to inform the Department of any change of address and 
those changes must be made either through the Department's 
website or by contacting the Department. 
    "Department" means the Department of Financial and 
Professional Regulation.

    "Secretary" means the Secretary of Financial and 
Professional Regulation.

    "Board" means the Board of Dentistry.

    "Dentist" means a person who has received a general 
license pursuant
to paragraph (a) of Section 11 of this Act and 
who may perform any intraoral
and extraoral procedure required 
in the practice of dentistry and to whom is
reserved the 
responsibilities specified in Section 17.

    "Dental hygienist" means a person who holds a license 
under this Act to
perform dental services as authorized by 
Section 18.

    "Dental assistant" means an appropriately trained person

who, under the supervision of a dentist, provides dental 
services
as authorized by Section 17.

    "Expanded function dental assistant" means a dental 
assistant who has completed the training required by Section 
17.1 of this Act. 
    "Dental laboratory" means a person, firm or corporation 
which:

        (i) engages in making, providing, repairing or 
    altering dental
prosthetic appliances and other artificial 
    materials and devices which are
returned to a dentist for 
    insertion into the human oral cavity or which
come in 
    contact with its adjacent structures and tissues; and

        (ii) utilizes or employs a dental technician to 
    provide such services; and

        (iii) performs such functions only for a dentist or 
    dentists.

    "Supervision" means supervision of a dental hygienist or a 
dental
assistant requiring that a dentist authorize the 
procedure, remain in the
dental facility while the procedure 
is performed, and approve the work
performed by the dental 
hygienist or dental assistant before dismissal of
the patient, 
but does not mean that the dentist must be present at all
times 
in the treatment room.

    "General supervision" means supervision of a dental 
hygienist
requiring that the patient be a patient of record,

that the dentist
examine the patient in accordance with 
Section 18 prior to treatment by the
dental hygienist, and 
that the

dentist authorize the procedures which
are being 
carried
out by a notation in the patient's record, but not 
requiring that a dentist
be present when the authorized

procedures are being performed.  The
issuance of a prescription 
to a dental laboratory by a
dentist does not constitute 
general supervision.

    "Public member" means a person who is not a health 
professional.
For purposes of board membership, any person 
with a significant financial
interest in a health service or 
profession is not a public member.

    "Dentistry" means the healing art which is concerned with 
the
examination, diagnosis, treatment planning and care of 
conditions within
the human oral cavity and its adjacent 
tissues and structures, as further
specified in Section 17.

    "Branches of dentistry" means the various specialties of 
dentistry
which, for purposes of this Act, shall be limited to 
the following:
endodontics, oral and maxillofacial surgery, 
orthodontics and dentofacial
orthopedics, pediatric dentistry,

periodontics, prosthodontics, and oral and maxillofacial

radiology, and dental anesthesiology.

    "Specialist" means a dentist who has received a specialty 
license
pursuant to Section 11(b).

    "Dental technician" means a person who owns, operates or 
is
employed by a dental laboratory and engages in making, 
providing, repairing
or altering dental prosthetic appliances 
and other artificial materials and
devices which are returned 
to a dentist for insertion into the human oral
cavity or which 
come in contact with its adjacent structures and tissues.

    "Impaired dentist" or "impaired dental hygienist" means a 
dentist
or dental hygienist who is unable to practice with

reasonable skill and safety because of a physical or mental 
disability as
evidenced by a written determination or written 
consent based on clinical
evidence, including deterioration 
through the aging process, loss of motor
skills, abuse of 
drugs or alcohol, or a psychiatric disorder, of sufficient

degree to diminish the person's ability to deliver competent 
patient care.

    "Nurse" means a registered professional nurse, a certified 
registered
nurse anesthetist licensed as an advanced practice

registered nurse, or a licensed practical nurse licensed under 
the Nurse Practice Act.

    "Patient of record" means a patient for whom the patient's 
most recent
dentist has obtained
a
relevant medical and dental 
history and on whom the dentist has performed an
examination 
and evaluated the condition to be treated.

    "Dental responder" means a dentist or dental hygienist who 
is appropriately certified in disaster preparedness, 
immunizations, and dental humanitarian medical response 
consistent with the Society of Disaster Medicine and Public 
Health and training certified by the National Incident 
Management System or the National Disaster Life Support 
Foundation.

    "Mobile dental van or portable dental unit" means any 
self-contained or portable dental unit in which dentistry is 
practiced that can be moved, towed, or transported from one 
location to another in order to establish a location where 
dental services can be provided.
    "Public health dental hygienist" means a hygienist who 
holds a valid license to practice in the State, has 2 years of 
full-time clinical experience or an equivalent of 4,000 hours 
of clinical experience and has completed at least 42 clock 
hours of additional structured courses in dental education  in 
advanced areas specific to public health dentistry.
    "Public health setting" means a federally qualified health 
center; a federal, State, or local public health facility; 
Head Start; a special supplemental nutrition program for 
Women, Infants, and Children (WIC) facility; 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. 
    "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. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18; 
100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff. 
7-26-19; revised 9-27-19.)

 
    (225 ILCS 25/9)  (from Ch. 111, par. 2309)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 9. Qualifications of applicants for dental licenses. 
The
Department shall require that each applicant for a license 
to
practice dentistry shall:
        (a) (Blank).
        (b) Be at least 21 years of age and of good moral 
    character.
        (c) (1) Present satisfactory evidence of completion of 
    dental
education by graduation from a dental college or 
    school in the United
States or Canada approved by the 
    Department.  The Department shall not approve
any dental 
    college or school which does not require at least (A) 60 
    semester
hours of collegiate credit or the equivalent in 
    acceptable subjects from a
college or university before 
    admission, and (B) completion of at least 4
academic years 
    of instruction or the equivalent in an approved dental 
    college
or school that is accredited by the Commission on 
    Dental Accreditation of the American Dental Association; 
    or
        (2) Present satisfactory evidence of completion of 
    dental education by
graduation from a dental college or 
    school outside the United States or
Canada and provide 
    satisfactory evidence that  the applicant has: (A) 
    completed a minimum of 2 academic years of general
dental 
    clinical training and obtained a doctorate of dental 
    surgery (DDS) or doctorate of dental medicine (DMD) at a 
    dental college or school in the United States or
Canada 
    approved by the Department; or (B) met the program 
    requirements approved by rule by the Department.
        Nothing in this Act shall be construed to prevent 
    either the Department or
any dental college or school from 
    establishing higher standards than
specified in this Act.
        (d) (Blank).
        (e) Present satisfactory evidence that the applicant 
    has passed the integrated both parts of the National Board 
    Dental Examination administered by the Joint Commission on 
    National Dental Examinations and has successfully 
    completed an examination conducted by one of the following 
    regional testing services: the Central Regional Dental 
    Testing Service, Inc. (CRDTS), the Southern Regional 
    Testing Agency, Inc. (SRTA), the Western Regional 
    Examining Board (WREB), the Commission on Dental 
    Competency Assessments (CDCA) North East Regional Board 
    (NERB), or the Council of Interstate Testing Agencies 
    (CITA). For purposes of this Section, successful 
    completion shall mean that the applicant has achieved a 
    minimum passing score as determined by the applicable 
    regional testing service. The Secretary may suspend a 
    regional testing service under this subsection (e) if, 
    after proper notice and hearing, it is established that 
    (i) the integrity of the examination has been breached so 
    as to make future test results unreliable or (ii) the test 
    is fundamentally deficient in testing clinical competency. 
    In determining professional capacity under this Section, 
any
individual who has not been actively engaged in the 
practice of dentistry,
has not been a dental student, or has 
not been engaged in a formal program
of dental education 
during the 5 years immediately preceding the filing of an

application may be required to complete such additional 
testing, training, or
remedial education as the Board may deem 
necessary in order to establish
the applicant's present 
capacity to practice dentistry with reasonable
judgment, 
skill, and safety.
(Source: P.A. 99-366, eff. 1-1-16; 100-215, eff. 1-1-18.)