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91_HB1382
LRB9100613ACtmB
1 AN ACT concerning dental hygienists.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Dental Practice Act is amended
5 by changing Sections 4, 6, 18, and 23 as follows:
6 (225 ILCS 25/4) (from Ch. 111, par. 2304)
7 Sec. 4. Definitions. As used in this Act:
8 (a) "Department" means the Illinois Department of
9 Professional Regulation.
10 (b) "Director" means the Director of Professional
11 Regulation.
12 (c) "Board" means the Board of Dentistry established by
13 Section 6 of this Act.
14 (d) "Dentist" means a person who has received a general
15 license pursuant to paragraph (a) of Section 11 of this Act
16 and who may perform any intraoral and extraoral procedure
17 required in the practice of dentistry and to whom is reserved
18 the responsibilities specified in Section 17.
19 (e) "Dental hygienist" means a person who holds a
20 license under this Act to perform dental services as
21 authorized by Section 18.
22 (f) "Dental assistant" means an appropriately trained
23 person who, under the supervision of a dentist, provides
24 dental services as authorized by Section 17.
25 (g) "Dental laboratory" means a person, firm or
26 corporation which:
27 (i) engages in making, providing, repairing or
28 altering dental prosthetic appliances and other
29 artificial materials and devices which are returned to a
30 dentist for insertion into the human oral cavity or which
31 come in contact with its adjacent structures and tissues;
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1 and
2 (ii) utilizes or employs a dental technician to
3 provide such services; and
4 (iii) performs such functions only for a dentist or
5 dentists.
6 (h) "Supervision" means supervision of a dental
7 hygienist or a dental assistant requiring that a dentist
8 authorize the procedure, remain in the dental facility while
9 the procedure is performed, and approve the work performed by
10 the dental hygienist or dental assistant before dismissal of
11 the patient, but does not mean that the dentist must be
12 present at all times in the treatment room.
13 (i) "General supervision" means supervision of a dental
14 hygienist requiring that a dentist authorize, verbally or in
15 writing, the procedures which are to be being carried out,
16 but not requiring that a dentist be present when the
17 authorized procedures are being performed. The authorized
18 procedures may also be performed at a place other than the
19 dentist's usual place of practice. The issuance of a
20 prescription to a dental laboratory by a dentist does not
21 constitute general supervision.
22 (j) "Public member" means a person who is not a health
23 professional. For purposes of board membership, any person
24 with a significant financial interest in a health service or
25 profession is not a public member.
26 (k) "Dentistry" means the healing art which is concerned
27 with the examination, diagnosis, treatment planning and care
28 of conditions within the human oral cavity and its adjacent
29 tissues and structures, as further specified in Section 17.
30 (l) "Branches of dentistry" means the various
31 specialties of dentistry which, for purposes of this Act,
32 shall be limited to the following: endodontics, oral and
33 maxillofacial surgery, orthodontics and dentofacial
34 orthopedics, pediatric dentistry, periodontics and
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1 prosthodontics.
2 (m) "Specialist" means a dentist who has received a
3 specialty license pursuant to Section 11(b).
4 (n) "Dental technician" means a person who owns,
5 operates or is employed by a dental laboratory and engages in
6 making, providing, repairing or altering dental prosthetic
7 appliances and other artificial materials and devices which
8 are returned to a dentist for insertion into the human oral
9 cavity or which come in contact with its adjacent structures
10 and tissues.
11 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
12 (225 ILCS 25/6) (from Ch. 111, par. 2306)
13 Sec. 6. Board of Dentistry - Report By Majority
14 Required. There is created a Board of Dentistry, to be
15 composed of persons designated from time to time by the
16 Director, as follows:
17 Twelve Ten persons, 8 of whom have been dentists for a
18 period of 5 years or more; 3 of whom have been dental
19 hygienists one who has been a dental hygienist for a period
20 of 5 years or more, and one public member. None of the 12 10
21 hygienist
24 shall not participate in the examination of applicants for
25 licenses to practice dentistry. The public member shall not
26 participate in the examination of applicants for licenses to
27 practice dentistry or dental hygiene. The board shall
28 annually elect a chairman who shall be a dentist.
29 Terms for all members shall be for 4 years. Partial
30 terms over 2 years in length shall be considered as full
31 terms. A member may be reappointed for a successive term,
32 but no member shall serve more than 2 full terms in his or
33 her lifetime.
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1 The membership of the Board shall include only residents
2 from various geographic areas of this State and shall include
3 at least some graduates from various institutions of dental
4 education in this State.
5 In making appointments to the Board the Director shall
6 give due consideration to recommendations by organizations of
7 the dental profession in Illinois, including the Illinois
8 State Dental Society and Illinois Dental Hygienists
9 Association, and shall promptly give due notice to such
10 organizations of any vacancy in the membership of the Board.
11 The Director may terminate the appointment of any member for
12 cause which in the opinion of the Director reasonably
13 justifies such termination.
14 A vacancy in the membership of the Board shall not impair
15 the right of a quorum to exercise all the rights and perform
16 all the duties of the Board. Any action to be taken by the
17 Board under this Act may be authorized by resolution at any
18 regular or special meeting, and each such resolution shall
19 take effect immediately. The Board shall meet at least
20 quarterly. The Board may adopt all rules and regulations
21 necessary and incident to its powers and duties under this
22 Act.
23 The members of the Board shall each receive as
24 compensation a reasonable sum as determined by the Director
25 for each day actually engaged in the duties of the office,
26 and all legitimate and necessary expense incurred in
27 attending the meetings of the Board.
28 Members of the Board shall be immune from suit in any
29 action based upon any disciplinary proceedings or other
30 activities performed in good faith as members of the Board.
31 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
32 (225 ILCS 25/18) (from Ch. 111, par. 2318)
33 Sec. 18. Acts Constituting the Practice of Dental
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1 Hygiene. Limitations. A dental hygienist may be employed or
2 engaged only:
3 (a) Under the general supervision of a dentist:
4 (1) in the office or facility of a licensed
5 dentist; or
6 (2) by a federal, State, county or municipal agency
7 or institution; or
8 (3) by a public or private school; or
9 (4) by a public clinic operating under the
10 direction of a hospital or federal, State, county,
11 municipal or other public agency or institution; .
12 When employed or engaged pursuant to this paragraph (a) a
13 dental hygienist may perform the following procedures and
14 acts:
15 (i) the operative procedure of dental hygiene,
16 consisting of oral prophylactic procedures,
17 (ii) the exposure and processing of X-Ray films of
18 the teeth and surrounding structures,
19 (iii) the application to the surfaces of the teeth
20 or gums of chemical compounds designed to be
21 desensitizing agents or effective agents in the
22 prevention of dental caries or periodontal disease,
23 (iv) all services which may be performed by a
24 dental assistant as specified by rule pursuant to Section
25 17,
26 (v) such other procedures and acts as shall be
27 prescribed by rule or regulation of the Department.
28 (b) Under the general supervision of a dentist in a
29 long-term care facility licensed by the State of Illinois, or
30 a mental health or developmental disability facility operated
31 by the Department of Human Services, if the patient is unable
32 to travel to a dental office because of illness or infirmity.
33 The dentist shall personally examine and diagnose the patient
34 and determine which services are necessary to be performed,
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1 which shall be contained in a written order to the hygienist.
2 Such order must be implemented within 90 days of its
3 issuance, and an updated medical history and oral inspection
4 must be performed by the hygienist immediately prior to
5 beginning the procedures to ensure that the patient's health
6 has not changed in any manner to warrant a reexamination by
7 the dentist.
8 (c) Without the supervision of a dentist, a dental
9 hygienist may perform dental health education functions and
10 may record case histories and oral conditions observed.
11 (d) With the written or verbal authorization of a
12 dentist, a licensed dental hygienist may perform a service,
13 task, or procedure as listed under items (i) through (v) in
14 subsection (a) of Section 18 in the following settings:
15 (1) the office or facility of a licensed dentist;
16 (2) a licensed long term care facility, mental
17 health or developmental disability facility;
18 (3) licensed clinics;
19 (4) licensed community care facilities;
20 (5) schools of any grade level whether public or
21 private;
22 (6) public institutions including, but not limited
23 to, federal, State and local penal and correctional
24 facilities;
25 (7) mobile units operated by a public, private or
26 governmental agency or a non-profit or charitable
27 organization approved by the Illinois Board of Dental
28 examiners, provided that the mobile units meet the
29 statutory and regulatory requirements for mobile units;
30 (8) a home of a non-ambulatory patient;
31 (9) a hospice patient's residence; and
32 (10) any other settings as promulgated by rule of
33 the Department.
34 The number of dental hygienists practicing in a dental
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1 office shall not exceed, at any one time, 4 times the number
2 of dentists practicing in the office at the time.
3 (Source: P.A. 88-65; 89-507, eff. 7-1-97.)
4 (225 ILCS 25/23) (from Ch. 111, par. 2323)
5 Sec. 23. Refusal, revocation or suspension of dental
6 licenses. The Department may refuse to issue or renew, or
7 may revoke, suspend, place on probation, reprimand or take
8 other disciplinary action as the Department may deem proper,
9 including fines not to exceed $10,000 per violation, with
10 regard to any license for any one or any combination of the
11 following causes:
12 1. Fraud in procuring the license.
13 2. Habitual intoxication or addiction to the use of
14 drugs.
15 3. Wilful or repeated violations of the rules of the
16 Department of Public Health or Department of Nuclear Safety.
17 4. Acceptance of a fee for service as a witness, without
18 the knowledge of the court, in addition to the fee allowed by
19 the court.
20 5. Division of fees or agreeing to split or divide the
21 fees received for dental services with any person for
22 bringing or referring a patient, except in regard to referral
23 services as provided for under Section 45, or assisting in
24 the care or treatment of a patient, without the knowledge of
25 the patient or his legal representative.
26 6. Employing, procuring, inducing, aiding or abetting a
27 person not licensed or registered as a dentist to engage in
28 the practice of dentistry. The person practiced upon is not
29 an accomplice, employer, procurer, inducer, aider, or abetter
30 within the meaning of this Act.
31 7. Making any misrepresentations or false promises,
32 directly or indirectly, to influence, persuade or induce
33 dental patronage.
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1 8. Professional connection or association with or
2 lending his name to another for the illegal practice of
3 dentistry by another, or professional connection or
4 association with any person, firm or corporation holding
5 himself, herself, themselves, or itself out in any manner
6 contrary to this Act.
7 9. Obtaining or seeking to obtain practice, money, or
8 any other things of value by false or fraudulent
9 representations, but not limited to, engaging in such
10 fraudulent practice to defraud the medical assistance program
11 of the Department of Public Aid.
12 10. Practicing under a name other than his or her own.
13 11. Engaging in dishonorable, unethical, or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public.
16 12. Conviction in this or another State of any crime
17 which is a felony under the laws of this State or conviction
18 of a felony in a federal court, conviction of a misdemeanor,
19 an essential element of which is dishonesty, or conviction of
20 any crime which is directly related to the practice of
21 dentistry or dental hygiene.
22 13. Permitting a dental hygienist, dental assistant or
23 other person under his or her supervision to perform any
24 operation not authorized by this Act.
25 14. Permitting more than 4 dental hygienists to be
26 employed under his supervision at any one time.
27 15. A violation of any provision of this Act or any
28 rules promulgated under this Act.
29 16. Taking impressions for or using the services of any
30 person, firm or corporation violating this Act.
31 17. Violating any provision of Section 45 relating to
32 advertising.
33 18. Discipline by another U.S. jurisdiction or foreign
34 nation, if at least one of the grounds for the discipline is
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1 the same or substantially equivalent to those set forth
2 within this Act.
3 19. Willfully failing to report an instance of suspected
4 child abuse or neglect as required by the "Abused and
5 Neglected Child Reporting Act.
6 20. Gross or repeated malpractice resulting in injury or
7 death of a patient.
8 21. The use or prescription for use of narcotics or
9 controlled substances or designated products as listed in the
10 Illinois Controlled Substances Act, in any way other than for
11 therapeutic purposes.
12 22. Willfully making or filing false records or reports
13 in his practice as a dentist, including, but not limited to,
14 false records to support claims against the dental assistance
15 program of the Illinois Department of Public Aid.
16 23. Professional incompetence as manifested by poor
17 standards of care or mental incompetency as declared by a
18 court of competent jurisdiction.
19 24. Physical illness, including, but not limited to,
20 deterioration through the aging process, or loss of motor
21 skills which results in a dentist's inability to practice
22 dentistry with reasonable judgment, skill or safety.
23 25. Repeated irregularities in billing a third party for
24 services rendered to a patient. For purposes of this
25 paragraph 25, "irregularities in billing" shall include:
26 (a) Reporting excessive charges for the purpose of
27 obtaining a total payment in excess of that usually
28 received by the dentist for the services rendered.
29 (b) Reporting charges for services not rendered.
30 (c) Incorrectly reporting services rendered for the
31 purpose of obtaining payment not earned.
32 26. Continuing the active practice of dentistry while
33 knowingly having any infectious, communicable, or contagious
34 disease proscribed by rule or regulation of the Department.
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1 27. Being named as a perpetrator in an indicated report
2 by the Department of Children and Family Services pursuant to
3 the Abused and Neglected Child Reporting Act, and upon proof
4 by clear and convincing evidence that the licensee has caused
5 a child to be an abused child or neglected child as defined
6 in the Abused and Neglected Child Reporting Act.
7 28. Violating the Health Care Worker Self-Referral Act.
8 29. Abandonment of a patient.
9 30. Willfully failing to report the improper delegation
10 by a dentist of a dental hygiene procedure, function, or task
11 to an unlicensed person, a licensed dental hygienist, or an
12 appropriately trained dental assistant.
13 All proceedings to suspend, revoke, place on probationary
14 status, or take any other disciplinary action as the
15 Department may deem proper, with regard to a license on any
16 of the foregoing grounds, must be commenced within 3 years
17 after receipt by the Department of a complaint alleging the
18 commission of or notice of the conviction order for any of
19 the acts described herein. Except for fraud in procuring a
20 license, no action shall be commenced more than 5 years after
21 the date of the incident or act alleged to have violated this
22 Section. The time during which the holder of the license was
23 outside the State of Illinois shall not be included within
24 any period of time limiting the commencement of disciplinary
25 action by the Department.
26 The Department may refuse to issue or may suspend the
27 license of any person who fails to file a return, or to pay
28 the tax, penalty or interest shown in a filed return, or to
29 pay any final assessment of tax, penalty or interest, as
30 required by any tax Act administered by the Illinois
31 Department of Revenue, until such time as the requirements of
32 any such tax Act are satisfied.
33 (Source: P.A. 88-65; 88-153; 88-635, eff. 1-1-95; 88-670,
34 eff. 12-2-94; 89-116, eff. 7-7-95; revised 10-31-98.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.