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91_SB0800eng SB800 Engrossed LRB9105787ACtm 1 AN ACT to amend the Illinois Dental Practice Act by 2 changing Sections 6, 17, and 18. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Dental Practice Act is amended 6 by changing Sections 6, 17, and 18 as follows: 7 (225 ILCS 25/6) (from Ch. 111, par. 2306) 8 Sec. 6. Board of Dentistry - Report By Majority 9 Required. There is created a Board of Dentistry, to be 10 composed of persons designated from time to time by the 11 Director, as follows: 12 ElevenTenpersons, 8 of whom have been dentists for a 13 period of 5 years or more; 2 of whom have been dental 14 hygienistsone who has been a dental hygienistfor a period 15 of 5 years or more, and one public member. None of the1016 members shall be employed by or be an officer of any dental 17 college, or dental or dental hygiene department of any 18 institution of learning. The dental hygienistshygienist19 shall not participate in the examination of applicants for 20 licenses to practice dentistry. The public member shall not 21 participate in the examination of applicants for licenses to 22 practice dentistry or dental hygiene. The board shall 23 annually elect a chairman who shall be a dentist. 24 Terms for all members shall be for 4 years. Partial 25 terms over 2 years in length shall be considered as full 26 terms. A member may be reappointed for a successive term, 27 but no member shall serve more than 2 full terms in his or 28 her lifetime. 29 The membership of the Board shall include only residents 30 from various geographic areas of this State and shall include 31 at least some graduates from various institutions of dental SB800 Engrossesd -2- LRB9105787ACtm 1 education in this State. 2 In making appointments to the Board the Director shall 3 give due consideration to recommendations by organizations of 4 the dental profession in Illinois, including the Illinois 5 State Dental Society and Illinois Dental Hygienists 6 Association, and shall promptly give due notice to such 7 organizations of any vacancy in the membership of the Board. 8 The Director may terminate the appointment of any member for 9 cause which in the opinion of the Director reasonably 10 justifies such termination. 11 A vacancy in the membership of the Board shall not impair 12 the right of a quorum to exercise all the rights and perform 13 all the duties of the Board. Any action to be taken by the 14 Board under this Act may be authorized by resolution at any 15 regular or special meeting, and each such resolution shall 16 take effect immediately. The Board shall meet at least 17 quarterly. The Board may adopt all rules and regulations 18 necessary and incident to its powers and duties under this 19 Act. 20 The members of the Board shall each receive as 21 compensation a reasonable sum as determined by the Director 22 for each day actually engaged in the duties of the office, 23 and all legitimate and necessary expense incurred in 24 attending the meetings of the Board. 25 Members of the Board shall be immune from suit in any 26 action based upon any disciplinary proceedings or other 27 activities performed in good faith as members of the Board. 28 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.) 29 (225 ILCS 25/17) (from Ch. 111, par. 2317) 30 Sec. 17. Acts Constituting the Practice of Dentistry. A 31 person practices dentistry, within the meaning of this Act: 32 (1) Who represents himself as being able to diagnose or 33 diagnoses, treats, prescribes, or operates for any disease, SB800 Engrossesd -3- LRB9105787ACtm 1 pain, deformity, deficiency, injury, or physical condition of 2 the human tooth, teeth, alveolar process, gums or jaw; or 3 (2) Who is a manager, proprietor, operator or conductor 4 of a business where dental operations are performed; or 5 (3) Who performs dental operations of any kind; or 6 (4) Who uses an X-Ray machine or X-Ray films for dental 7 diagnostic purposes; or 8 (5) Who extracts a human tooth or teeth, or corrects or 9 attempts to correct malpositions of the human teeth or jaws; 10 or 11 (6) Who offers or undertakes, by any means or method, to 12 diagnose, treat or remove stains, calculus, and bonding 13 materials from human teeth or jaws; or 14 (7) Who uses or administers local or general anesthetics 15 in the treatment of dental or oral diseases or in any 16 preparation incident to a dental operation of any kind or 17 character; or 18 (8) Who takes impressions of the human tooth, teeth, or 19 jaws or performs any phase of any operation incident to the 20 replacement of a part of a tooth, a tooth, teeth or 21 associated tissues by means of a filling, crown, a bridge, a 22 denture or other appliance; or 23 (9) Who offers to furnish, supply, construct, reproduce 24 or repair, or who furnishes, supplies, constructs, reproduces 25 or repairs, prosthetic dentures, bridges or other substitutes 26 for natural teeth, to the user or prospective user thereof; 27 or 28 (10) Who instructs students on clinical matters or 29 performs any clinical operation included in the curricula of 30 recognized dental schools and colleges. 31 The fact that any person engages in or performs, or 32 offers to engage in or perform, any of the practices, acts, 33 or operations set forth in this Section, shall be prima facie 34 evidence that such person is engaged in the practice of SB800 Engrossesd -4- LRB9105787ACtm 1 dentistry. 2 The following practices, acts, and operations, however, 3 are exempt from the operation of this Act: 4 (a) The rendering of dental relief in emergency cases in 5 the practice of his or her profession by a physician or 6 surgeon, licensed as such under the laws of this State, 7 unless he undertakes to reproduce or reproduces lost parts of 8 the human teeth in the mouth or to restore or replace lost or 9 missing teeth in the mouth; or 10 (b) The practice of dentistry in the discharge of their 11 official duties by dentists in any branch of the Armed 12 Services of the United States, the United States Public 13 Health Service, or the United States Veterans Administration; 14 or 15 (c) The practice of dentistry by students in their 16 course of study in dental schools or colleges approved by the 17 Department, when acting under the direction and supervision 18 of dentists acting as instructors; or 19 (d) The practice of dentistry by clinical instructors in 20 the course of their teaching duties in dental schools or 21 colleges approved by the Department: 22 (i) when acting under the direction and supervision 23 of dentists, provided that such clinical instructors have 24 instructed continuously in this State since January 1, 25 1986; or 26 (ii) when holding the rank of full professor at 27 such approved dental school or college and possessing a 28 current valid license or authorization to practice 29 dentistry in another country; or 30 (e) The practice of dentistry by licensed dentists of 31 other states or countries at meetings of the Illinois State 32 Dental Society or component parts thereof, alumni meetings of 33 dental colleges, or any other like dental organizations, 34 while appearing as clinicians; or SB800 Engrossesd -5- LRB9105787ACtm 1 (f) The use of X-Ray machines for exposing X-Ray films 2 of dental or oral tissues by dental hygienists or dental 3 assistants; or 4 (g) The performance of any dental service by a dental 5 assistant, if such service is performed under the supervision 6 and full responsibility of a dentist. 7 For purposes of this paragraph (g), "dental service" is 8 defined to mean any intraoral procedure or act which shall be 9 prescribed by rule or regulation of the Department. Dental 10 service, however, shall not include: 11 (1) Any and all diagnosis of or prescription for 12 treatment of disease, pain, deformity, deficiency, injury 13 or physical condition of the human teeth or jaws, or 14 adjacent structures. 15 (2)Any and allRemoval of, or restoration of, or 16 addition to the hard or soft tissues of the oral cavity. 17 (3) Any and all correction of malformation of teeth 18 or of the jaws. 19 (4) Administration of anesthetics (other than 20 topical anesthetics and monitoring of nitrous oxide). 21 (5)AnyRemoval of calculusand stainsfrom human 22 teeth. 23 (6)Any and allTaking of impressions for the 24 fabrication oforthodontic appliances,prosthetic 25 appliances,space maintainers,crowns, bridges,splints,26 inlays, onlays, or other restorative or replacement 27 dentistry. 28 (7) The operative procedure of dental hygiene 29 consisting of oral prophylactic procedures, except for 30 coronal polishing. 31(8) The application to the surfaces of the teeth or32gums of chemical compounds designed to be desensitizing33agents or effective agents in the prevention of dental34caries or periodontal disease.SB800 Engrossesd -6- LRB9105787ACtm 1 (h) The practice of dentistry by an individual who: 2 (i) has applied in writing to the Department, in 3 form and substance satisfactory to the Department, for a 4 general dental license and has complied with all 5 provisions of Section 9 of this Act, except for the 6 passage of the examination specified in subsection (e), 7 of Section 9, of this Act; or 8 (ii) has applied in writing to the Department, in 9 form and substance satisfactory to the Department, for a 10 temporary dental license and has complied with all 11 provisions of subsection (c), of Section 11, of this Act; 12 and 13 (iii) has been accepted or appointed for specialty 14 or residency training by a hospital situated in this 15 State; or 16 (iv) has been accepted or appointed for specialty 17 training in an approved dental program situated in this 18 State; or 19 (v) has been accepted or appointed for specialty 20 training in a dental public health agency situated in 21 this State. 22 The applicant shall be permitted to practice dentistry 23 for a period of 3 months from the starting date of the 24 program, unless authorized in writing by the Department to 25 continue such practice for a period specified in writing by 26 the Department. 27 The applicant shall only be entitled to perform such acts 28 as may be prescribed by and incidental to their program of 29 residency or specialty training and shall not otherwise 30 engage in the practice of dentistry in this State. 31 The authority to practice shall terminate immediately 32 upon: 33 (1) the decision of the Department that the 34 applicant has failed the examination; or SB800 Engrossesd -7- LRB9105787ACtm 1 (2) denial of licensure by the Department; or 2 (3) withdrawal of the application. 3 (Source: P.A. 89-116, eff. 7-7-95.) 4 (225 ILCS 25/18) (from Ch. 111, par. 2318) 5 Sec. 18. Acts Constituting the Practice of Dental 6 Hygiene. Limitations. A dental hygienist may be employed or 7 engaged only: 8 (a) Under the supervision of a dentist: 9 (1) In the office of a dentist;or10 (2) By a federal, State, county or municipal agency 11 or institution;or12 (3) By a public or private school; or 13 (4) By a public clinic operating under the 14 direction of a hospital or federal, State, county, 15 municipal or other public agency or institution. 16 When employed or engaged pursuant to this paragraph (a) a 17 dental hygienist may perform the following procedures and 18 acts: 19 (i) the operative procedure of dental hygiene, 20 consisting of oral prophylactic procedures;,21 (ii) the exposure and processing of X-Ray films of 22 the teeth and surrounding structures;,23 (iii) the application to the surfaces of the teeth 24 or gums of chemical compounds designed to be 25 desensitizing agents or effective agents in the 26 prevention of dental caries or periodontal disease;,27 (iv) all services which may be performed by a 28 dental assistant as specified by rule pursuant to Section 29 17;,30 (v) administration and monitoring of nitrous oxide 31 upon successful completion of a training program approved 32 by the Department; and 33 (vi)(v)such other procedures and acts as shall be SB800 Engrossesd -8- LRB9105787ACtm 1 prescribed by rule or regulation of the Department. 2 (b) Under the general supervision of a dentist in a 3 long-term care facility licensed by the State of Illinois, or 4 a mental health or developmental disability facility operated 5 by the Department of Human Services, if the patient is unable 6 to travel to a dental office because of illness or infirmity. 7 The dentist shall personally examine and diagnose the patient 8 and determine which services are necessary to be performed, 9 which shall be contained in a written order to the hygienist. 10 Such order must be implemented within 90 days of its 11 issuance, and an updated medical history and oral inspection 12 must be performed by the hygienist immediately prior to 13 beginning the procedures to ensure that the patient's health 14 has not changed in any manner to warrant a reexamination by 15 the dentist. 16 (c) Without the supervision of a dentist, a dental 17 hygienist may perform dental health education functions and 18 may record case histories and oral conditions observed. 19 The number of dental hygienists practicing in a dental 20 office shall not exceed, at any one time, 4 times the number 21 of dentists practicing in the office at the time. 22 (Source: P.A. 88-65; 89-507, eff. 7-1-97.)