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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_SB0447eng SB447 Engrossed LRB9200926LBcsD 1 AN ACT to amend the Illinois Dental Practice Act. 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, 8.1, 11, and 45 and by adding Section 6 44.1 as follows: 7 (225 ILCS 25/4) (from Ch. 111, par. 2304) 8 Sec. 4. Definitions. As used in this Act: 9 (a) "Department" means the Illinois Department of 10 Professional Regulation. 11 (b) "Director" means the Director of Professional 12 Regulation. 13 (c) "Board" means the Board of Dentistry established by 14 Section 6 of this Act. 15 (d) "Dentist" means a person who has received a general 16 license pursuant to paragraph (a) of Section 11 of this Act 17 and who may perform any intraoral and extraoral procedure 18 required in the practice of dentistry and to whom is reserved 19 the responsibilities specified in Section 17. 20 (e) "Dental hygienist" means a person who holds a 21 license under this Act to perform dental services as 22 authorized by Section 18. 23 (f) "Dental assistant" means an appropriately trained 24 person who, under the supervision of a dentist, provides 25 dental services as authorized by Section 17. 26 (g) "Dental laboratory" means a person, firm or 27 corporation which: 28 (i) engages in making, providing, repairing or 29 altering dental prosthetic appliances and other 30 artificial materials and devices which are returned to a 31 dentist for insertion into the human oral cavity or which SB447 Engrossed -2- LRB9200926LBcsD 1 come in contact with its adjacent structures and tissues; 2 and 3 (ii) utilizes or employs a dental technician to 4 provide such services; and 5 (iii) performs such functions only for a dentist or 6 dentists. 7 (h) "Supervision" means supervision of a dental 8 hygienist or a dental assistant requiring that a dentist 9 authorize the procedure, remain in the dental facility while 10 the procedure is performed, and approve the work performed by 11 the dental hygienist or dental assistant before dismissal of 12 the patient, but does not mean that the dentist must be 13 present at all times in the treatment room. 14 (i) "General supervision" means supervision of a dental 15 hygienist requiring that a dentist authorize the procedures 16 which are being carried out, but not requiring that a dentist 17 be present when the authorized procedures are being 18 performed. The authorized procedures may also be performed 19 at a place other than the dentist's usual place of practice. 20 The issuance of a prescription to a dental laboratory by a 21 dentist does not 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,andSB447 Engrossed -3- LRB9200926LBcsD 1 prosthodontics, and oral and maxillofacial radiology. 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 (o) "Impaired dentist" or "impaired dental hygienist" 12 means a dentist or dental hygienist who is unable to practice 13 with reasonable skill and safety because of a physical or 14 mental disability as evidenced by a written determination or 15 written consent based on clinical evidence, including 16 deterioration through the aging process, loss of motor 17 skills, abuse of drugs or alcohol, or a psychiatric disorder, 18 of sufficient degree to diminish the person's ability to 19 deliver competent patient care. 20 (p) "Nurse" means a registered professional nurse, an 21 advanced practice nurse, or a licensed practical nurse 22 licensed under the Nursing and Advanced Practice Nursing Act. 23 (Source: P.A. 91-138, eff. 1-1-00; 91-689, eff. 1-1-01.) 24 (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1) 25 Sec. 8.1. No licensed dentist shall administer general 26 anesthesia orparenteralconscious sedation without first 27 applying for and obtaining a permit for such purpose from the 28 Department. The Department shall issue such permit only 29 after ascertaining that the applicant possesses the minimum 30 qualifications necessary to protect public safety. A person 31 with a dental degree who administers anesthesia orparenteral32 conscious sedation in an approved hospital training program 33 under the supervision of either a licensed dentist holding SB447 Engrossed -4- LRB9200926LBcsD 1 such permit or a physician licensed to practice medicine in 2 all its branches shall not be required to obtain such permit. 3 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.) 4 (225 ILCS 25/11) (from Ch. 111, par. 2311) 5 Sec. 11. Types of Dental Licenses. The Department shall 6 have the authority to issue the following types of licenses: 7 (a) General licenses. The Department shall issue a 8 license authorizing practice as a dentist to any person who 9 qualifies for a license under this Act. 10 (b) Specialty licenses. The Department shall issue a 11 license authorizing practice as a specialist in any 12 particular branch of dentistry to any dentist who has 13 complied with the requirements established for that 14 particular branch of dentistry at the time of making 15 application. The Department shall establish additional 16 requirements of any dentist who announces or holds himself or 17 herself out to the public as a specialist or as being 18 specially qualified in any particular branch of dentistry. 19 No dentist shall announce or hold himself or herself out 20 to the public as a specialist or as being specially qualified 21 in any particular branch of dentistry unless he or she is 22 licensed to practice in that specialty of dentistry. 23 The fact that any dentist shall announce by card, 24 letterhead or any other form of communication using terms as 25 "Specialist," "Practice Limited To" or "Limited to Specialty 26 of" with the name of the branch of dentistry practiced as a 27 specialty, or shall use equivalent words or phrases to 28 announce the same, shall be prima facie evidence that the 29 dentist is holding himself or herself out to the public as a 30 specialist. 31 (c) Temporary training licenses. Persons who wish to 32 pursue specialty or other advanced clinical educational 33 programs in an approved dental school or a hospital situated SB447 Engrossed -5- LRB9200926LBcsD 1 in this State, or persons who wish to pursue programs of 2 specialty training in dental public health in public agencies 3 in this State, may receive without examination, in the 4 discretion of the Department, a temporary training license. 5 In order to receive a temporary training license under this 6 subsection, an applicant shall furnish satisfactory proof to 7 the Department that: 8 (1) The applicant is at least 21 years of age and 9 is of good moral character. In determining moral 10 character under this Section, the Department may take 11 into consideration any felony conviction of the 12 applicant, but such a conviction shall not operate as bar 13 to licensure; 14 (2) The applicant has been accepted or appointed 15 for specialty or residency training by an approved 16 hospital situated in this State, by an approved dental 17 school situated in this State, or by a public health 18 agency in this State the training programs of which are 19 recognized and approved by the Department. The applicant 20 shall indicate the beginning and ending dates of the 21 period for which he or she has been accepted or 22 appointed; 23 (3) The applicant is a graduate of a dental school 24 or college approved and in good standing in the judgment 25 of the Department. The Department may consider diplomas 26 or certifications of education, or both, accompanied by 27 transcripts of course work and credits awarded to 28 determine if an applicant has graduated from a dental 29 school or college approved and in good standing. The 30 Department may also consider diplomas or certifications 31 of education, or both, accompanied by transcripts of 32 course work and credits awarded in determining whether a 33 dental school or college is approved and in good 34 standing. SB447 Engrossed -6- LRB9200926LBcsD 1 Temporary training licenses issued under this Section 2 shall be valid only for the duration of the period of 3 residency or specialty training and may be extended or 4 renewed as prescribed by rule. The holder of a valid 5 temporary training license shall be entitled thereby to 6 perform acts as may be prescribed by and incidental to his or 7 her program of residency or specialty training; but he or she 8 shall not be entitled to engage in the practice of dentistry 9 in this State. 10 A temporary training license may be revoked by the 11 Department upon proof that the holder has engaged in the 12 practice of dentistry in this State outside of his or her 13 program of residency or specialty training, or if the holder 14 shall fail to supply the Department, within 10 days of its 15 request, with information as to his or her current status and 16 activities in his or her specialty training program. 17 (d) Restricted faculty licenses. Persons who have 18 received full-time appointments to teach dentistry at an 19 approved dental school or hospital situated in this State may 20 receive without examination, in the discretion of the 21 Department, a restricted faculty license. In order to 22 receive a restricted faculty license an applicant shall 23 furnish satisfactory proof to the Department that: 24 (1) The applicant is at least 21 years of age, is 25 of good moral character and is licensed to practice 26 dentistry in another state or country; and 27 (2) The applicant has a full-timeanappointment to 28 teach dentistry at an approved dental school or hospital 29 situated in this State. 30 Restricted faculty licenses issued under this Section 31 shall be validonlyfor a period of 25years and maynotbe 32 extended or renewed. The holder of a valid restricted 33 faculty license may perform acts as may be required 34prescribedby his or her teaching of dentistry, but may notSB447 Engrossed -7- LRB9200926LBcsD 1otherwise engage in the practice of dentistry in this State. 2 In addition, the holder of a restricted faculty license may 3 practice general dentistry or in his or her area of 4 specialty, but only in a clinic or office affiliated with the 5 dental school. Any restricted faculty license issued to a 6 faculty member under this Section shall terminate immediately 7 and automatically, without any further action by the 8 Department, if the holder ceases to be a faculty member at an 9 approved dental school or hospital in this State. 10 The Department may revoke a restricted faculty license 11 for a violation of this Act or its rulesA restricted faculty12license may be revoked by the Department upon proof that the13holder thereof has engaged in the practice of dentistry in14this State outside of his teaching of dentistry, or if the 15 holder fails to supply the Department, within 10 days of its 16 request, with information as to his current status and 17 activities in his teaching program. 18 (e) Inactive status. Any person who holds one of the 19 licenses under subsection (a) or (b) of Section 11 or under 20 Section 12 of this Act may elect, upon payment of the 21 required fee, to place his or her license on an inactive 22 status and shall, subject to the rules of the Department, be 23 excused from the payment of renewal fees until he or she 24 notifies the Department in writing of his or her desire to 25 resume active status. 26 Any licensee requesting restoration from inactive status 27 shall be required to pay the current renewal fee and upon 28 payment the Department shall be required to restore his or 29 her license, as provided in Section 16 of this Act. 30 Any licensee whose license is in an inactive status shall 31 not practice in the State of Illinois. 32 (f) Certificates of Identification. In addition to the 33 licenses authorized by this Section, the Department shall 34 deliver to each dentist a certificate of identification in a SB447 Engrossed -8- LRB9200926LBcsD 1 form specified by the Department. 2 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.) 3 (225 ILCS 25/44.1 new) 4 Sec. 44.1. Nurses; dental care. Nurses may be employed 5 by a dentist and may perform those duties permitted by their 6 licenses. 7 (225 ILCS 25/45) (from Ch. 111, par. 2345) 8 Sec. 45. Advertising. The purpose of this Section is to 9 authorize and regulate the advertisement by dentists of 10 information which is intended to provide the public with a 11 sufficient basis upon which to make an informed selection of 12 dentists while protecting the public from false or misleading 13 advertisements which would detract from the fair and rational 14 selection process. 15 Any dentist may advertise the availability of dental 16 services in the public media or on the premises where such 17 dental services are rendered. Such advertising shall be 18 limited to the following information: 19 (a) The dental services available; 20 (b) Publication of the dentist's name, title, office 21 hours, address and telephone; 22 (c) Information pertaining to his or her area of 23 specialization, including appropriate board certification or 24 limitation of professional practice; 25 (d) Information on usual and customary fees for routine 26 dental services offered, which information shall include 27 notification that fees may be adjusted due to complications 28 or unforeseen circumstances; 29 (e) Announcement of the opening of, change of, absence 30 from, or return to business; 31 (f) Announcement of additions to or deletions from 32 professional dental staff; SB447 Engrossed -9- LRB9200926LBcsD 1 (g) The issuance of business or appointment cards; 2 (h) Other information about the dentist, dentist's 3 practice or the types of dental services which the dentist 4 offers to perform which a reasonable person might regard as 5 relevant in determining whether to seek the dentist's 6 services. However, any advertisement which announces the 7 availability of endodontics, pediatric dentistry, 8 periodontics, prosthodontics, orthodontics and dentofacial 9 orthopedics,ororal and maxillofacial surgery, or oral and 10 maxillofacial radiology by a general dentist or by a licensed 11 specialist who is not licensed in that specialty shall 12 include a disclaimer stating that the dentist does not hold a 13 license in that specialty. 14 It is unlawful for any dentist licensed under this Act: 15 (1) To use testimonials or claims of superior 16 quality of care to entice the public; 17 (2) To advertise in any way to practice dentistry 18 without causing pain; 19 (3) To pay a fee to any dental referral service or 20 other third party who advertises a dental referral 21 service, unless all advertising of the dental referral 22 service makes it clear that dentists are paying a fee for 23 that referral service; or 24 (4) To advertise or offer gifts as an inducement to 25 secure dental patronage. Dentists may advertise or offer 26 free examinations or free dental services; it shall be 27 unlawful, however, for any dentist to charge a fee to any 28 new patient for any dental service provided at the time 29 that such free examination or free dental services are 30 provided. 31 This Act does not authorize the advertising of dental 32 services when the offeror of such services is not a dentist. 33 Nor shall the dentist use statements which contain false, 34 fraudulent, deceptive or misleading material or guarantees of SB447 Engrossed -10- LRB9200926LBcsD 1 success, statements which play upon the vanity or fears of 2 the public, or statements which promote or produce unfair 3 competition. 4 A dentist shall be required to keep a copy of all 5 advertisements for a period of 3 years. All advertisements 6 in the dentist's possession shall indicate the accurate date 7 and place of publication. 8 The Department shall adopt rules to carry out the intent 9 of this Section. 10 (Source: P.A. 88-635, eff. 1-1-95; 89-80, eff. 6-30-95; 11 89-116, eff. 7-7-95.)