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Public Act 103-0431 Public Act 0431 103RD GENERAL ASSEMBLY |
Public Act 103-0431 | HB2267 Enrolled | LRB103 30203 AMQ 56631 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 4, 17, 18, and 18.1 as follows:
| (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| (Section scheduled to be repealed on January 1, 2026)
| Sec. 4. Definitions. As used in this Act:
| "Address of record" means the designated address recorded | by the Department in the applicant's or licensee's application | file or license file as maintained by the Department's | licensure maintenance unit. It is the duty of the applicant or | licensee to inform the Department of any change of address and | those changes must be made either through the Department's | website or by contacting the Department. | "Department" means the Department of Financial and | Professional Regulation.
| "Secretary" means the Secretary of Financial and | Professional Regulation.
| "Board" means the Board of Dentistry.
| "Dentist" means a person who has received a general | license pursuant
to paragraph (a) of Section 11 of this Act and | who may perform any intraoral
and extraoral procedure required |
| in the practice of dentistry and to whom is
reserved the | responsibilities specified in Section 17.
| "Dental hygienist" means a person who holds a license | under this Act to
perform dental services as authorized by | Section 18.
| "Dental assistant" means an appropriately trained person
| who, under the supervision of a dentist, provides dental | services
as authorized by Section 17.
| "Expanded function dental assistant" means a dental | assistant who has completed the training required by Section | 17.1 of this Act. | "Dental laboratory" means a person, firm or corporation | which:
| (i) engages in making, providing, repairing or | altering dental
prosthetic appliances and other artificial | materials and devices which are
returned to a dentist for | insertion into the human oral cavity or which
come in | contact with its adjacent structures and tissues; and
| (ii) utilizes or employs a dental technician to | provide such services; and
| (iii) performs such functions only for a dentist or | dentists.
| "Supervision" means supervision of a dental hygienist or a | dental
assistant requiring that a dentist authorize the | procedure, remain in the
dental facility while the procedure | is performed, and approve the work
performed by the dental |
| hygienist or dental assistant before dismissal of
the patient, | but does not mean that the dentist must be present at all
times | in the treatment room.
| "General supervision" means supervision of a dental | hygienist
requiring that the patient be a patient of record,
| that the dentist
examine the patient in accordance with | Section 18 prior to treatment by the
dental hygienist, and | that the
dentist authorize the procedures which
are being | carried
out by a notation in the patient's record, but not | requiring that a dentist
be present when the authorized
| procedures are being performed. The
issuance of a prescription | to a dental laboratory by a
dentist does not constitute | general supervision.
| "Public member" means a person who is not a health | professional.
For purposes of board membership, any person | with a significant financial
interest in a health service or | profession is not a public member.
| "Dentistry" means the healing art which is concerned with | the
examination, diagnosis, treatment planning and care of | conditions within
the human oral cavity and its adjacent | tissues and structures, as further
specified in Section 17.
| "Branches of dentistry" means the various specialties of | dentistry
which, for purposes of this Act, shall be limited to | the following:
endodontics, oral and maxillofacial surgery, | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| periodontics, prosthodontics, oral and maxillofacial
|
| radiology, and dental anesthesiology.
| "Specialist" means a dentist who has received a specialty | license
pursuant to Section 11(b).
| "Dental technician" means a person who owns, operates or | is
employed by a dental laboratory and engages in making, | providing, repairing
or altering dental prosthetic appliances | and other artificial materials and
devices which are returned | to a dentist for insertion into the human oral
cavity or which | come in contact with its adjacent structures and tissues.
| "Impaired dentist" or "impaired dental hygienist" means a | dentist
or dental hygienist who is unable to practice with
| reasonable skill and safety because of a physical or mental | disability as
evidenced by a written determination or written | consent based on clinical
evidence, including deterioration | through the aging process, loss of motor
skills, abuse of | drugs or alcohol, or a psychiatric disorder, of sufficient
| degree to diminish the person's ability to deliver competent | patient care.
| "Nurse" means a registered professional nurse, a certified | registered
nurse anesthetist licensed as an advanced practice
| registered nurse, or a licensed practical nurse licensed under | the Nurse Practice Act.
| "Patient of record" means a patient for whom the patient's | most recent
dentist has obtained
a
relevant medical and dental | history and on whom the dentist has performed an
examination | and evaluated the condition to be treated.
|
| "Dental responder" means a dentist or dental hygienist who | is appropriately certified in disaster preparedness, | immunizations, and dental humanitarian medical response | consistent with the Society of Disaster Medicine and Public | Health and training certified by the National Incident | Management System or the National Disaster Life Support | Foundation.
| "Mobile dental van or portable dental unit" means any | self-contained or portable dental unit in which dentistry is | practiced that can be moved, towed, or transported from one | location to another in order to establish a location where | dental services can be provided. | "Public health dental hygienist" means a hygienist who | holds a valid license to practice in the State, has 2 years of | full-time clinical experience or an equivalent of 4,000 hours | of clinical experience and has completed at least 42 clock | hours of additional structured courses in dental education in | advanced areas specific to public health dentistry. | "Public health setting" means a federally qualified health | center; a federal, State, or local public health facility; | Head Start; a special supplemental nutrition program for | Women, Infants, and Children (WIC) facility; a certified | school-based health center or school-based oral health | program; a prison; or a long-term care facility. | "Public health supervision" means the supervision of a | public health dental hygienist by a licensed dentist who has a |
| written public health supervision agreement with that public | health dental hygienist while working in an approved facility | or program that allows the public health dental hygienist to | treat patients, without a dentist first examining the patient | and being present in the facility during treatment, (1) who | are eligible for Medicaid or (2) who are uninsured or and whose | household income is not greater than 300% 200% of the federal | poverty level. | "Teledentistry" means the use of telehealth systems and | methodologies in dentistry and includes patient care and | education delivery using synchronous and asynchronous | communications under a dentist's authority as provided under | this Act. | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. | 1-1-23 .)
| (225 ILCS 25/17) (from Ch. 111, par. 2317)
| (Section scheduled to be repealed on January 1, 2026)
| 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 material or digital scans for final | 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 material or digital scans for final | 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. In | addition, after being authorized by a dentist, a dental | assistant may, for the purpose of eliminating pain or | discomfort, remove loose, broken, or irritating | orthodontic appliances on a patient of record.
| 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 and placing, packing, and finishing | composite restorations by dental assistants who have | had additional formal education and certification. | A dental assistant may place, carve, and finish | amalgam restorations, place, pack, and finish | composite restorations, and place interim restorations | if he or she (A) has successfully completed a | structured training program as described in item (2) | of subsection (g) provided by an educational | institution accredited by the Commission on Dental | Accreditation, such as a dental school or dental | hygiene or dental assistant program, or (B) has at | least 4,000 hours of direct clinical patient care | experience and has successfully completed a structured | training program as described in item (2) of | subsection (g) provided by a statewide dental | association, approved by the Department to provide | continuing education, that has developed and conducted | training programs for expanded functions for dental | assistants or hygienists. The training program must: | (i) include a minimum of 16 hours of didactic study and | 14 hours of clinical manikin instruction; all training | programs shall include areas of study in nomenclature, | caries classifications, oral anatomy, periodontium, | basic occlusion, instrumentations, pulp protection | liners and bases, dental materials, matrix and wedge |
| techniques, amalgam placement and carving, rubber dam | clamp placement, and rubber dam placement and removal; | (ii) include an outcome assessment examination that | demonstrates competency; (iii) require the supervising | dentist to observe and approve the completion of 8 | amalgam or composite restorations; and (iv) issue a | certificate of completion of the training program, | which must be kept on file at the dental office and be | made available to the Department upon request. A | dental assistant must have successfully completed an | approved coronal polishing and dental sealant course | prior to taking the amalgam and composite restoration | course. | 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 or for placing, packing, and finishing | composite restorations.
| (3) Any and all correction of malformation of | teeth or of the jaws.
| (4) Administration of anesthetics, except for | 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 material or digital scans for final | 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.
| In addition to coronal polishing and pit and | fissure sealants as described in this item (7), a |
| dental assistant who has at least 2,000 hours of | direct clinical patient care experience and who has | successfully completed a structured training program | provided by (1) an educational institution including, | but not limited to, a dental school or dental hygiene | or dental assistant program, or (2) a continuing | education provider approved by the Department, or (3) | a statewide dental or dental hygienist association, | approved by the Department on or before January 1, | 2017 (the effective date of Public Act 99-680) , that | has developed and conducted a training program for | expanded functions for dental assistants or hygienists | may perform: (A) coronal scaling above the gum line, | supragingivally, on the clinical crown of the tooth | only on patients 17 years of age or younger who have an | absence of periodontal disease and who are not | medically compromised or individuals with special | needs and (B) intracoronal temporization of a tooth. | The training program must: (I) include a minimum of 32 | hours of instruction in both didactic and clinical | manikin or human subject instruction; all training | programs shall include areas of study in dental | anatomy, public health dentistry, medical history, | dental emergencies, and managing the pediatric | patient; (II) include an outcome assessment | examination that demonstrates competency; (III) |
| require the supervising dentist to observe and approve | the completion of 6 full mouth supragingival scaling | procedures unless the training was received as part of | a Commission on Dental Accreditation approved dental | assistant program; and (IV) issue a certificate of | completion of the training program, which must be kept | on file at the dental office and be made available to | the Department upon request. A dental assistant must | have successfully completed an approved coronal | polishing course prior to taking the coronal scaling | course. A dental assistant performing these functions | shall be limited to the use of hand instruments only. | In addition, coronal scaling as described in this | paragraph shall only be utilized on patients who are | eligible for Medicaid, who are uninsured, or whose | household income is not greater than 300% of the | federal poverty level. A dentist may not supervise | more than 2 dental assistants at any one time for the | task of coronal scaling. This paragraph is inoperative | on and after January 1, 2026. | The limitations on the number of dental assistants a | dentist may supervise contained in items (2), (4), and (7) | of this paragraph (g) mean a limit of 4 total dental | assistants or dental hygienists doing expanded functions | covered by these Sections being supervised by one dentist; | or |
| (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. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; | 102-936, eff. 1-1-23 .)
| (225 ILCS 25/18)
(from Ch. 111, par. 2318)
| (Section scheduled to be repealed on January 1, 2026)
| Sec. 18. Acts constituting the practice of dental hygiene;
| limitations. | (a) A person practices dental hygiene within the meaning | of this Act when
he or she performs the following acts under | the supervision of a dentist:
| (i) the operative procedure of dental hygiene, | consisting of oral
prophylactic procedures;
| (ii) the exposure and processing of X-Ray films of the | teeth and
surrounding structures;
| (iii) the application to the surfaces of the teeth or |
| gums of chemical
compounds designed to be desensitizing | agents or effective agents in the
prevention of dental | caries or periodontal disease;
| (iv) all services which may be performed by a
dental | assistant as specified by rule pursuant to Section 17, and | a dental hygienist may engage in the placing, carving, and | finishing of amalgam restorations only after obtaining | formal education and certification as determined by the | Department;
| (v) administration and monitoring of nitrous oxide | upon successful
completion of a
training program approved | by the Department;
| (vi) administration of local anesthetics upon | successful completion of
a
training program approved by | the Department; and
| (vii) such other procedures and acts as shall be | prescribed
by
rule or regulation of the Department.
| (b) A dental hygienist may be employed or engaged only:
| (1) by a dentist;
| (2) by a federal, State, county, or municipal agency | or institution;
| (3) by a public or private school; or
| (4) by a public clinic operating under the direction | of a hospital or
federal,
State, county, municipal, or | other public agency or institution.
| (c) When employed or engaged in the office of a dentist, a |
| dental hygienist
may
perform, under general supervision, those | procedures found in items (i) through
(iv) of
subsection (a) | of this Section, provided the patient has been examined by the
| dentist
within one year of the provision of dental hygiene | services, the dentist has
approved the
dental hygiene services | by a notation in the patient's record and the patient
has been
| notified that the dentist may be out of the office during the | provision of
dental hygiene
services.
| (d) If a patient of record is unable to travel to a dental | office because of
illness,
infirmity, or
imprisonment, a | dental hygienist may perform, under the general supervision of
| a dentist,
those procedures found in items (i) through (iv) of | subsection (a) of this
Section,
provided the patient is | located in a long-term care facility licensed by the
State of | Illinois,
a mental health or developmental disability | facility, or a State or federal
prison. The dentist
shall | either personally examine and diagnose the patient or utilize | approved teledentistry communication methods and determine | which
services are necessary to be performed, which shall be | contained in an order to the hygienist and a notation in the | patient's record.
Such order must be implemented within 45 | days
of its issuance, and an updated medical history and | observation of oral
conditions
must be performed by the | hygienist immediately prior to beginning the
procedures to | ensure that the patient's health has not changed in any
manner | to warrant a reexamination by the dentist.
|
| (e) School-based oral health care,
consisting of and | limited to oral prophylactic
procedures, sealants, and | fluoride treatments,
may be provided by a dental hygienist
| under the general supervision of a dentist. A dental hygienist | may not provide
other dental hygiene treatment in a | school-based setting, including but not
limited to | administration or monitoring of nitrous oxide or | administration of
local anesthetics. The school-based | procedures may be performed provided the
patient is located at | a public or private school and the program is being
conducted | by a State, county or local public health department | initiative or in
conjunction with a dental school or dental | hygiene program.
The dentist shall personally examine and | diagnose the patient and
determine
which services are | necessary to be performed, which shall be contained in an
| order to the
hygienist and a notation in the patient's record. | Any such order for sealants must be implemented within 120 | days after its issuance. Any such order for oral prophylactic | procedures or fluoride treatments must be implemented within | 180 days after its issuance. An updated medical history and | observation of
oral conditions
must be
performed by the | hygienist immediately prior to beginning the procedures to
| ensure that
the patient's health has not changed in any manner | to warrant a reexamination
by the
dentist.
| (f) Without the supervision of a dentist, a dental | hygienist
may perform
dental health education functions, |
| including instruction in proper oral health care and dental | hygiene in , for example, either a school setting , a or | long-term care facility , and a health fair . In addition, a | dental hygienist may record case care histories and oral | conditions observed at any time prior to a clinical exam by a | dentist.
| (g) The number of dental hygienists practicing in a dental | office shall
not
exceed, at any one time, 4 times the number of | dentists practicing in the
office at the time.
| (h) A dental hygienist who is certified as a public health | dental hygienist may provide services to patients: (1) who are | eligible for Medicaid or (2) who are uninsured and whose | household income is not greater than 300% of the federal | poverty level. A public health dental hygienist may perform | oral assessments, perform screenings, and provide educational | and preventative services as provided in subsection (b) of | Section 18.1 of this Act. The public health dental hygienist | may not administer local anesthesia or nitrous oxide, or | place, carve, or finish amalgam restorations or provide | periodontal therapy under this exception. Each patient must | sign a consent form that acknowledges that the care received | does not take the place of a regular dental examination. The | public health dental hygienist must provide the patient or | guardian a written referral to a dentist for assessment of the | need for further dental care at the time of treatment. Any | indication or observation of a condition that could warrant |
| the need for urgent attention must be reported immediately to | the supervising dentist for appropriate assessment and | treatment. | This subsection (h) is inoperative on and after January 1, | 2026. | (i) A dental hygienist performing procedures listed in | paragraphs (1) through (4) of subsection (a) of Section 17.1 | must be under the supervision of a dentist, requiring the | dentist authorizes the procedure, remains in the dental | facility while the procedure is performed, and approves the | work performed by the dental hygienist before dismissal of the | patient, but the dentist is not required to be present at all | times in the treatment room. | (j) A dental hygienist may perform actions described in | paragraph (5) of subsection (a) of Section 17.1 under the | general supervision of a dentist as described in this Section. | (Source: P.A. 101-162, eff. 7-26-19; 102-936, eff. 1-1-23 .)
| (225 ILCS 25/18.1) | (Section scheduled to be repealed on January 1, 2026) | Sec. 18.1. Public health dental supervision | responsibilities. | (a) When working together in a public health supervision | relationship, dentists and public health dental hygienists | shall enter into a public health supervision agreement. The | dentist providing public health supervision must: |
| (1) be available to provide an appropriate level of | contact, communication, collaboration, and consultation | with the public health dental hygienist and must meet | in-person with the public health dental hygienist at least | quarterly for review and consultation; | (2) have specific standing orders or policy guidelines | for procedures that are to be carried out for each | location or program, although the dentist need not be | present when the procedures are being performed; | (3) provide for the patient's additional necessary | care in consultation with the public health dental | hygienist; | (4) file agreements and notifications as required; and | (5) include procedures for creating and maintaining | dental records, including protocols for transmission of | all records between the public health dental hygienist and | the dentist following each treatment, which shall include | a notation regarding procedures authorized by the dentist | and performed by the public health dental hygienist and | the location where those records are to be kept. | Each dentist and hygienist who enters into a public health | supervision agreement must document and maintain a copy of any | change or termination of that agreement. | Dental records shall be owned and maintained by the | supervising dentist for all patients treated under public | health supervision, unless the supervising dentist is an |
| employee of a public health clinic or federally qualified | health center, in which case the public health clinic or | federally qualified health center shall maintain the records. | If a dentist ceases to be employed or contracted by the | facility, the dentist shall notify the facility administrator | that the public health supervision agreement is no longer in | effect. A new public health supervision agreement is required | for the public health dental hygienist to continue treating | patients under public health supervision. | A dentist entering into an agreement under this Section | may supervise and enter into agreements for public health | supervision with 4 2 public health dental hygienists. This | shall be in addition to the limit of 4 dental hygienists per | dentist set forth in subsection (g) of Section 18 of this Act. | (b) A public health dental hygienist providing services | under public health supervision may perform only those duties | within the accepted scope of practice of dental hygiene, as | follows: | (1) the operative procedures of dental hygiene, | consisting of oral prophylactic procedures, including | prophylactic cleanings, application of fluoride, and | placement of sealants; | (2) the exposure and processing of x-ray films of the | teeth and surrounding structures; and | (3) such other procedures and acts as shall be | prescribed by rule of the Department. |
| Any patient treated under this subsection (b) must be | examined by a dentist before additional services can be | provided by a public health dental hygienist. However, if the | supervising dentist, after consultation with the public health | hygienist, determines that time is needed to complete an | approved treatment plan on a patient eligible under this | Section, then the dentist may instruct the hygienist to | complete the remaining services prior to an oral examination | by the dentist. Such instruction by the dentist to the | hygienist shall be noted in the patient's records. Any | services performed under this exception must be scheduled in a | timely manner and shall not occur more than 30 days after the | first appointment date. | (c) A public health dental hygienist providing services | under public health supervision must: | (1) provide to the patient, parent, or guardian a | written plan for referral or an agreement for follow-up | that records all conditions observed that should be called | to the attention of a dentist for proper diagnosis; | (2) have each patient sign a permission slip or | consent form that informs them that the service to be | received does not take the place of regular dental | checkups at a dental office and is meant for people who | otherwise would not have access to the service; | (3) inform each patient who may require further dental | services of that need; |
| (4) maintain an appropriate level of contact and | communication with the dentist providing public health | supervision; and | (5) complete an additional 4 hours of continuing | education in areas specific to public health dentistry | yearly. | (d) Each public health dental hygienist who has rendered | services under subsections (c), (d), and (e) of this Section | must complete a summary report at the completion of a program | or, in the case of an ongoing program, at least annually. The | report must be completed in the manner specified by the | Division of Oral Health in the Department of Public Health | Oral Health Section including information about each location | where the public health dental hygienist has rendered these | services. The public health dental hygienist must submit the | form to the dentist providing supervision for his or her | signature before sending it to the Division. The Department of | Public Health Oral Health Section shall compile and publicize | public health dental hygienist service data annually. | (e) Public health dental hygienists providing services | under public health supervision may be compensated for their | work by salary, honoraria, and other mechanisms by the | employing or sponsoring entity. Nothing in this Act shall | preclude the entity that employs or sponsors a public health | dental hygienist from seeking payment, reimbursement, or other | source of funding for the services provided. |
| (f) This Section is repealed on January 1, 2026.
| (Source: P.A. 101-162, eff. 7-26-19.)
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Effective Date: 1/1/2024
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