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| Public Act 097-0886 | ||||
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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 17 as follows:
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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(Section scheduled to be repealed on January 1, 2016)
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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 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
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 impressions of the human tooth, teeth, or | ||
jaws or performs
any phase of any operation incident to the | ||
replacement of a part of a tooth,
a tooth, teeth or | ||
associated tissues by means of a filling, crown, a bridge,
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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 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 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 undertakes to reproduce or reproduces
lost parts | ||
of the human teeth in the mouth or to restore or replace | ||
lost
or missing teeth in the mouth; or
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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
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.
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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 | ||
restorations by dental assistants who have had | ||
additional formal education and certification as | ||
determined by the Department. 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.
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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 | ||
application of topical
anesthetics and monitoring of | ||
nitrous oxide. Monitoring of
nitrous oxide may be | ||
performed after successful completion of a training
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program approved by the Department. A dentist | ||
utilizing dental assistants shall not supervise more | ||
than 4 dental assistants at any one time for the | ||
monitoring of nitrous oxide.
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(5) Removal of calculus from human teeth.
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(6) Taking of impressions for the fabrication of | ||
prosthetic
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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(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 their | ||
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. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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