Public Act 098-0147
 
SB1217 EnrolledLRB098 05630 MGM 35668 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 16 and 17 as follows:
 



    (225 ILCS 25/16)  (from Ch. 111, par. 2316)


    (Section scheduled to be repealed on January 1, 2016)

    Sec. 16. Expiration, renewal and restoration of licenses. 

The expiration
date and renewal date for each license issued 
under this Act shall
be set by
rule.  The renewal period for 
each license issued under this Act shall be 3 years. A dentist 
or dental hygienist may renew a license during the month

preceding its expiration date by paying the required fee.   A 
dentist or dental hygienist
shall provide proof of current 
Basic Life Support (BLS) certification by an organization that 
has adopted the American Heart Association's guidelines on BLS 
intended for health care providers at
the time of renewal as 
provided by rule. Basic Life Support certification training 
taken as a requirement of this Section shall be counted for no 
more than 4 hours during each licensure period towards the 
continuing education hours under Section 16.1 of this Act. The 
Department shall provide by rule for exemptions from this 
requirement for a dentist or dental hygienist with a physical 
disability that would preclude him or her from performing BLS. 

    Any dentist or dental hygienist whose license has expired 
or whose license is
on inactive status may have his license 
restored at any time within 5 years
after the expiration 
thereof, upon payment of the required fee and a showing of 
proof of compliance with current continuing education 
requirements, as provided by rule.

    Any person whose license has been expired for more than 5 
years or who has
had his license on inactive status for more 
than 5 years may have his license
restored by making 
application to the Department and filing proof acceptable to

the Department of taking continuing education and of his 
fitness to have the license restored, including sworn
evidence 
certifying to active practice in another jurisdiction, and by 
paying
the required restoration fee.  A person practicing on an 
expired license is
deemed to be practicing without a license. 
However, a holder of a license may renew the license within 90 
days after its expiration by complying with the requirements 
for renewal and payment of an additional fee. A license renewal 
within 90 days after expiration shall be effective 
retroactively to the expiration date.


    If a person whose license has expired or who has had his 
license on inactive
status for more than 5 years has not 
maintained an active practice satisfactory
to the department, 
the Department shall determine, by
an evaluation process 
established by rule, his or her fitness to resume
active status 
and may require the person to complete a period of evaluated

clinical experience and may require successful completion of a 
practical
examination.

    However, any person whose license
expired  while he or she 
was (i) on active duty with the Armed Forces of the United 
States or called into service or training by the State militia 
or (ii) in training or education under the supervision of the 
United
States preliminary to induction into the military 
service, may have his
or her license renewed, reinstated, or 
restored without paying any lapsed
renewal or restoration fee, 
if within 2 years after termination of such
service, training, 
or education other than by dishonorable discharge, he or she

furnishes the Department  with satisfactory proof that he or she 
has been so
engaged and that his or her service, training, or 
education has been so terminated.

(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12; 
97-1013, eff. 8-17-12.)

 



    (225 ILCS 25/17)  (from Ch. 111, par. 2317)


    (Section scheduled to be repealed on January 1, 2016)

    Sec. 17. Acts Constituting the Practice of Dentistry. A 
person
practices dentistry, within the meaning of this Act:


        (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


        (2) Who is a manager, proprietor, operator or conductor 
    of a
business where
dental operations are performed; or


        (3) Who performs dental operations of any kind; or


        (4) Who uses an X-Ray machine or X-Ray films for
dental 
    diagnostic purposes; or


        (5) Who extracts a human tooth or teeth, or corrects or 
    attempts to
correct
malpositions of the human teeth or 
    jaws; or


        (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


        (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


        (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,

    a denture or other appliance; or


        (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


        (10) Who instructs students on clinical matters or 
    performs any clinical
operation included in the curricula 
    of recognized dental schools and colleges; or

        (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.

    The following practices, acts, and operations, however, 
are exempt from
the operation of this Act:


        (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
lost 
    parts of the human teeth in the mouth or to restore or 
    replace lost
or missing teeth in the mouth; or


        (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

    Administration; or


        (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


        (d) The practice of dentistry by clinical instructors 
    in the course of
their teaching duties in dental schools or 
    colleges approved by the
Department:


            (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


            (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


        (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


        (f) The use of X-Ray machines for exposing X-Ray films 
    of dental or oral
tissues by dental hygienists or dental 
    assistants; or


        (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.


        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:


            (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.


            (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. 


            (3) Any and all correction of malformation of teeth 
        or of the jaws.


            (4) Administration of anesthetics, except for 
        monitoring application of topical
anesthetics and 
        monitoring of nitrous oxide.  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 assistants shall not supervise more 
        than 4 dental assistants at any one time for the 
        monitoring of nitrous oxide.


            (5) Removal of calculus from human teeth.


            (6) Taking of impressions for the fabrication of 
        prosthetic
appliances,
crowns,
bridges, inlays, 
        onlays, or other restorative or replacement
dentistry.


            (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

        the Department.  Dental assistants may perform coronal 
        polishing under the
following circumstances: (i) the 
        coronal polishing shall be limited to
polishing the

        clinical crown of the tooth and existing restorations, 
        supragingivally; (ii)
the
dental assistant performing 
        the coronal polishing shall be limited to the use
of

        rotary instruments using a rubber cup or brush 
        polishing method (air polishing
is
not permitted); and 
        (iii)  the supervising dentist shall not supervise more

        than 4
dental assistants at any one time for the task 
        of coronal polishing or pit and fissure sealants.

        The limitations on the number of dental assistants a 
    dentist may supervise contained in items (2), (4), and (7) 
    of this Section mean a limit of 4 total dental assistants 
    or dental hygienists doing expanded functions covered by 
    these Sections being supervised by one dentist. 

        (h) The practice of dentistry by an individual who:


            (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

        passage of the examination specified in subsection 
        (e), of Section 9, of this
Act; or


            (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


            (iii) has been accepted or appointed for specialty 
        or residency training
by a hospital situated in this 
        State; or


            (iv) has been accepted or appointed for specialty 
        training in an
approved dental program situated in this 
        State; or


            (v) has been accepted or appointed for specialty 
        training in a dental
public health agency situated in 
        this State.


        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.


        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

    State.


        The authority to practice shall terminate immediately 
    upon:


            (1) the decision of the Department that the 
        applicant has failed the
examination; or


            (2) denial of licensure by the Department; or


            (3) withdrawal of the application.

(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12; 
97-886, eff. 8-2-12; 97-1013, eff. 8-17-12; revised 8-23-12.)