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91_SB0800sam001
LRB9105787ACtmam
1 AMENDMENT TO SENATE BILL 800
2 AMENDMENT NO. ____. Amend Senate Bill 800 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Dental Practice Act by
5 changing Sections 6, 17, and 18."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Dental Practice Act is amended
9 by changing Sections 6, 17, and 18 as follows:
10 (225 ILCS 25/6) (from Ch. 111, par. 2306)
11 Sec. 6. Board of Dentistry - Report By Majority
12 Required. There is created a Board of Dentistry, to be
13 composed of persons designated from time to time by the
14 Director, as follows:
15 Eleven Ten persons, 8 of whom have been dentists for a
16 period of 5 years or more; 2 of whom have been dental
17 hygienists one who has been a dental hygienist for a period
18 of 5 years or more, and one public member. None of the 10
19 members shall be employed by or be an officer of any dental
20 college, or dental or dental hygiene department of any
21 institution of learning. The dental hygienists hygienist
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1 shall not participate in the examination of applicants for
2 licenses to practice dentistry. The public member shall not
3 participate in the examination of applicants for licenses to
4 practice dentistry or dental hygiene. The board shall
5 annually elect a chairman who shall be a dentist.
6 Terms for all members shall be for 4 years. Partial
7 terms over 2 years in length shall be considered as full
8 terms. A member may be reappointed for a successive term,
9 but no member shall serve more than 2 full terms in his or
10 her lifetime.
11 The membership of the Board shall include only residents
12 from various geographic areas of this State and shall include
13 at least some graduates from various institutions of dental
14 education in this State.
15 In making appointments to the Board the Director shall
16 give due consideration to recommendations by organizations of
17 the dental profession in Illinois, including the Illinois
18 State Dental Society and Illinois Dental Hygienists
19 Association, and shall promptly give due notice to such
20 organizations of any vacancy in the membership of the Board.
21 The Director may terminate the appointment of any member for
22 cause which in the opinion of the Director reasonably
23 justifies such termination.
24 A vacancy in the membership of the Board shall not impair
25 the right of a quorum to exercise all the rights and perform
26 all the duties of the Board. Any action to be taken by the
27 Board under this Act may be authorized by resolution at any
28 regular or special meeting, and each such resolution shall
29 take effect immediately. The Board shall meet at least
30 quarterly. The Board may adopt all rules and regulations
31 necessary and incident to its powers and duties under this
32 Act.
33 The members of the Board shall each receive as
34 compensation a reasonable sum as determined by the Director
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1 for each day actually engaged in the duties of the office,
2 and all legitimate and necessary expense incurred in
3 attending the meetings of the Board.
4 Members of the Board shall be immune from suit in any
5 action based upon any disciplinary proceedings or other
6 activities performed in good faith as members of the Board.
7 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
8 (225 ILCS 25/17) (from Ch. 111, par. 2317)
9 Sec. 17. Acts Constituting the Practice of Dentistry. A
10 person practices dentistry, within the meaning of this Act:
11 (1) Who represents himself as being able to diagnose or
12 diagnoses, treats, prescribes, or operates for any disease,
13 pain, deformity, deficiency, injury, or physical condition of
14 the human tooth, teeth, alveolar process, gums or jaw; or
15 (2) Who is a manager, proprietor, operator or conductor
16 of a business where dental operations are performed; or
17 (3) Who performs dental operations of any kind; or
18 (4) Who uses an X-Ray machine or X-Ray films for dental
19 diagnostic purposes; or
20 (5) Who extracts a human tooth or teeth, or corrects or
21 attempts to correct malpositions of the human teeth or jaws;
22 or
23 (6) Who offers or undertakes, by any means or method, to
24 diagnose, treat or remove stains, calculus, and bonding
25 materials from human teeth or jaws; or
26 (7) Who uses or administers local or general anesthetics
27 in the treatment of dental or oral diseases or in any
28 preparation incident to a dental operation of any kind or
29 character; or
30 (8) Who takes impressions of the human tooth, teeth, or
31 jaws or performs any phase of any operation incident to the
32 replacement of a part of a tooth, a tooth, teeth or
33 associated tissues by means of a filling, crown, a bridge, a
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1 denture or other appliance; or
2 (9) Who offers to furnish, supply, construct, reproduce
3 or repair, or who furnishes, supplies, constructs, reproduces
4 or repairs, prosthetic dentures, bridges or other substitutes
5 for natural teeth, to the user or prospective user thereof;
6 or
7 (10) Who instructs students on clinical matters or
8 performs any clinical operation included in the curricula of
9 recognized dental schools and colleges.
10 The fact that any person engages in or performs, or
11 offers to engage in or perform, any of the practices, acts,
12 or operations set forth in this Section, shall be prima facie
13 evidence that such person is engaged in the practice of
14 dentistry.
15 The following practices, acts, and operations, however,
16 are exempt from the operation of this Act:
17 (a) The rendering of dental relief in emergency cases in
18 the practice of his or her profession by a physician or
19 surgeon, licensed as such under the laws of this State,
20 unless he undertakes to reproduce or reproduces lost parts of
21 the human teeth in the mouth or to restore or replace lost or
22 missing teeth in the mouth; or
23 (b) The practice of dentistry in the discharge of their
24 official duties by dentists in any branch of the Armed
25 Services of the United States, the United States Public
26 Health Service, or the United States Veterans Administration;
27 or
28 (c) The practice of dentistry by students in their
29 course of study in dental schools or colleges approved by the
30 Department, when acting under the direction and supervision
31 of dentists acting as instructors; or
32 (d) The practice of dentistry by clinical instructors in
33 the course of their teaching duties in dental schools or
34 colleges approved by the Department:
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1 (i) when acting under the direction and supervision
2 of dentists, provided that such clinical instructors have
3 instructed continuously in this State since January 1,
4 1986; or
5 (ii) when holding the rank of full professor at
6 such approved dental school or college and possessing a
7 current valid license or authorization to practice
8 dentistry in another country; or
9 (e) The practice of dentistry by licensed dentists of
10 other states or countries at meetings of the Illinois State
11 Dental Society or component parts thereof, alumni meetings of
12 dental colleges, or any other like dental organizations,
13 while appearing as clinicians; or
14 (f) The use of X-Ray machines for exposing X-Ray films
15 of dental or oral tissues by dental hygienists or dental
16 assistants; or
17 (g) The performance of any dental service by a dental
18 assistant, if such service is performed under the supervision
19 and full responsibility of a dentist.
20 For purposes of this paragraph (g), "dental service" is
21 defined to mean any intraoral procedure or act which shall be
22 prescribed by rule or regulation of the Department. Dental
23 service, however, shall not include:
24 (1) Any and all diagnosis of or prescription for
25 treatment of disease, pain, deformity, deficiency, injury
26 or physical condition of the human teeth or jaws, or
27 adjacent structures.
28 (2) Any and all removal of, or restoration of, or
29 addition to the hard or soft tissues of the oral cavity.
30 (3) Any and all correction of malformation of teeth
31 or of the jaws.
32 (4) Administration of anesthetics (other than
33 topical anesthetics and monitoring of nitrous oxide).
34 (5) Any removal of calculus and stains from human
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1 teeth.
2 (6) Any and all taking of impressions for the
3 fabrication of orthodontic appliances, prosthetic
4 appliances, space maintainers, crowns, bridges, splints,
5 inlays, onlays, or other restorative or replacement
6 dentistry.
7 (7) The operative procedure of dental hygiene
8 consisting of oral prophylactic procedures, except for
9 coronal polishing.
10 (8) The application to the surfaces of the teeth or
11 gums of chemical compounds designed to be desensitizing
12 agents or effective agents in the prevention of dental
13 caries or periodontal disease.
14 (h) The practice of dentistry by an individual who:
15 (i) has applied in writing to the Department, in
16 form and substance satisfactory to the Department, for a
17 general dental license and has complied with all
18 provisions of Section 9 of this Act, except for the
19 passage of the examination specified in subsection (e),
20 of Section 9, of this Act; or
21 (ii) has applied in writing to the Department, in
22 form and substance satisfactory to the Department, for a
23 temporary dental license and has complied with all
24 provisions of subsection (c), of Section 11, of this Act;
25 and
26 (iii) has been accepted or appointed for specialty
27 or residency training by a hospital situated in this
28 State; or
29 (iv) has been accepted or appointed for specialty
30 training in an approved dental program situated in this
31 State; or
32 (v) has been accepted or appointed for specialty
33 training in a dental public health agency situated in
34 this State.
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1 The applicant shall be permitted to practice dentistry
2 for a period of 3 months from the starting date of the
3 program, unless authorized in writing by the Department to
4 continue such practice for a period specified in writing by
5 the Department.
6 The applicant shall only be entitled to perform such acts
7 as may be prescribed by and incidental to their program of
8 residency or specialty training and shall not otherwise
9 engage in the practice of dentistry in this State.
10 The authority to practice shall terminate immediately
11 upon:
12 (1) the decision of the Department that the
13 applicant has failed the examination; or
14 (2) denial of licensure by the Department; or
15 (3) withdrawal of the application.
16 (Source: P.A. 89-116, eff. 7-7-95.)
17 (225 ILCS 25/18) (from Ch. 111, par. 2318)
18 Sec. 18. Acts Constituting the Practice of Dental
19 Hygiene. Limitations. A dental hygienist may be employed or
20 engaged only:
21 (a) Under the supervision of a dentist:
22 (1) In the office of a dentist; or
23 (2) By a federal, State, county or municipal agency
24 or institution; or
25 (3) By a public or private school; or
26 (4) By a public clinic operating under the
27 direction of a hospital or federal, State, county,
28 municipal or other public agency or institution.
29 When employed or engaged pursuant to this paragraph (a) a
30 dental hygienist may perform the following procedures and
31 acts:
32 (i) the operative procedure of dental hygiene,
33 consisting of oral prophylactic procedures;,
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1 (ii) the exposure and processing of X-Ray films of
2 the teeth and surrounding structures;,
3 (iii) the application to the surfaces of the teeth
4 or gums of chemical compounds designed to be
5 desensitizing agents or effective agents in the
6 prevention of dental caries or periodontal disease;,
7 (iv) all services which may be performed by a
8 dental assistant as specified by rule pursuant to Section
9 17;,
10 (v) administration and monitoring of nitrous oxide
11 upon completion of a training program approved by the
12 Department; and
13 (vi) (v) such other procedures and acts as shall be
14 prescribed by rule or regulation of the Department.
15 (b) Under the general supervision of a dentist in a
16 long-term care facility licensed by the State of Illinois, or
17 a mental health or developmental disability facility operated
18 by the Department of Human Services, if the patient is unable
19 to travel to a dental office because of illness or infirmity.
20 The dentist shall personally examine and diagnose the patient
21 and determine which services are necessary to be performed,
22 which shall be contained in a written order to the hygienist.
23 Such order must be implemented within 90 days of its
24 issuance, and an updated medical history and oral inspection
25 must be performed by the hygienist immediately prior to
26 beginning the procedures to ensure that the patient's health
27 has not changed in any manner to warrant a reexamination by
28 the dentist.
29 (c) Without the supervision of a dentist, a dental
30 hygienist may perform dental health education functions and
31 may record case histories and oral conditions observed.
32 The number of dental hygienists practicing in a dental
33 office shall not exceed, at any one time, 4 times the number
34 of dentists practicing in the office at the time.
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1 (Source: P.A. 88-65; 89-507, eff. 7-1-97.)".