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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
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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, and
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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 or parenteral conscious 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 or parenteral
32 conscious sedation in an approved hospital training program
33 under the supervision of either a licensed dentist holding
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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
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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.
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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-time an appointment 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 valid only for a period of 2 5 years and may not be
32 extended or renewed. The holder of a valid restricted
33 faculty license may perform acts as may be required
34 prescribed by his or her teaching of dentistry, but may not
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1 otherwise 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 rules A restricted faculty
12 license may be revoked by the Department upon proof that the
13 holder thereof has engaged in the practice of dentistry in
14 this 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
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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;
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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, or oral 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
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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.)
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