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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2965 Introduced 2/4/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED:
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| 225 ILCS 25/4 | from Ch. 111, par. 2304 | 225 ILCS 25/54.3 | |
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Amends the Illinois Dental Practice Act. Makes changes to the definitions of "branches of dentistry" and "teledentistry". Provides that a dentist may administer vaccinations to patients 18 years of age and older if it is a general policy or recommendation published by the Centers for Disease Control or the Director of Public Health. Effective immediately.
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| | A BILL FOR |
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| | SB2965 | | LRB101 19598 SPS 69074 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Dental Practice Act is amended by |
| 5 | | changing Sections 4 and 54.3 as follows:
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| 6 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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| 7 | | (Section scheduled to be repealed on January 1, 2026)
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| 8 | | Sec. 4. Definitions. As used in this Act:
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| 9 | | "Address of record" means the designated address recorded |
| 10 | | by the Department in the applicant's or licensee's application |
| 11 | | file or license file as maintained by the Department's |
| 12 | | licensure maintenance unit. It is the duty of the applicant or |
| 13 | | licensee to inform the Department of any change of address and |
| 14 | | those changes must be made either through the Department's |
| 15 | | website or by contacting the Department. |
| 16 | | "Department" means the Department of Financial and |
| 17 | | Professional Regulation.
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| 18 | | "Secretary" means the Secretary of Financial and |
| 19 | | Professional Regulation.
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| 20 | | "Board" means the Board of Dentistry.
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| 21 | | "Dentist" means a person who has received a general license |
| 22 | | pursuant
to paragraph (a) of Section 11 of this Act and who may |
| 23 | | perform any intraoral
and extraoral procedure required in the |
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| | SB2965 | - 2 - | LRB101 19598 SPS 69074 b |
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| 1 | | practice of dentistry and to whom is
reserved the |
| 2 | | responsibilities specified in Section 17.
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| 3 | | "Dental hygienist" means a person who holds a license under |
| 4 | | this Act to
perform dental services as authorized by Section |
| 5 | | 18.
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| 6 | | "Dental assistant" means an appropriately trained person
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| 7 | | who, under the supervision of a dentist, provides dental |
| 8 | | services
as authorized by Section 17.
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| 9 | | "Expanded function dental assistant" means a dental |
| 10 | | assistant who has completed the training required by Section |
| 11 | | 17.1 of this Act. |
| 12 | | "Dental laboratory" means a person, firm or corporation |
| 13 | | which:
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| 14 | | (i) engages in making, providing, repairing or |
| 15 | | altering dental
prosthetic appliances and other artificial |
| 16 | | materials and devices which are
returned to a dentist for |
| 17 | | insertion into the human oral cavity or which
come in |
| 18 | | contact with its adjacent structures and tissues; and
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| 19 | | (ii) utilizes or employs a dental technician to provide |
| 20 | | such services; and
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| 21 | | (iii) performs such functions only for a dentist or |
| 22 | | dentists.
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| 23 | | "Supervision" means supervision of a dental hygienist or a |
| 24 | | dental
assistant requiring that a dentist authorize the |
| 25 | | procedure, remain in the
dental facility while the procedure is |
| 26 | | performed, and approve the work
performed by the dental |
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| | SB2965 | - 3 - | LRB101 19598 SPS 69074 b |
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| 1 | | hygienist or dental assistant before dismissal of
the patient, |
| 2 | | but does not mean that the dentist must be present at all
times |
| 3 | | in the treatment room.
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| 4 | | "General supervision" means supervision of a dental |
| 5 | | hygienist
requiring that the patient be a patient of record,
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| 6 | | that the dentist
examine the patient in accordance with Section |
| 7 | | 18 prior to treatment by the
dental hygienist, and that the
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| 8 | | dentist authorize the procedures which
are being carried
out by |
| 9 | | a notation in the patient's record, but not requiring that a |
| 10 | | dentist
be present when the authorized
procedures are being |
| 11 | | performed. The
issuance of a prescription to a dental |
| 12 | | laboratory by a
dentist does not constitute general |
| 13 | | supervision.
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| 14 | | "Public member" means a person who is not a health |
| 15 | | professional.
For purposes of board membership, any person with |
| 16 | | a significant financial
interest in a health service or |
| 17 | | profession is not a public member.
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| 18 | | "Dentistry" means the healing art which is concerned with |
| 19 | | the
examination, diagnosis, treatment planning and care of |
| 20 | | conditions within
the human oral cavity and its adjacent |
| 21 | | tissues and structures, as further
specified in Section 17.
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| 22 | | "Branches of dentistry" means the various specialties of |
| 23 | | dentistry
which, for purposes of this Act, shall be limited to |
| 24 | | the following:
endodontics, oral and maxillofacial surgery, |
| 25 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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| 26 | | periodontics, prosthodontics, and oral and maxillofacial
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| 1 | | radiology, and dental anesthesiology.
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| 2 | | "Specialist" means a dentist who has received a specialty |
| 3 | | license
pursuant to Section 11(b).
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| 4 | | "Dental technician" means a person who owns, operates or is
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| 5 | | employed by a dental laboratory and engages in making, |
| 6 | | providing, repairing
or altering dental prosthetic appliances |
| 7 | | and other artificial materials and
devices which are returned |
| 8 | | to a dentist for insertion into the human oral
cavity or which |
| 9 | | come in contact with its adjacent structures and tissues.
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| 10 | | "Impaired dentist" or "impaired dental hygienist" means a |
| 11 | | dentist
or dental hygienist who is unable to practice with
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| 12 | | reasonable skill and safety because of a physical or mental |
| 13 | | disability as
evidenced by a written determination or written |
| 14 | | consent based on clinical
evidence, including deterioration |
| 15 | | through the aging process, loss of motor
skills, abuse of drugs |
| 16 | | or alcohol, or a psychiatric disorder, of sufficient
degree to |
| 17 | | diminish the person's ability to deliver competent patient |
| 18 | | care.
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| 19 | | "Nurse" means a registered professional nurse, a certified |
| 20 | | registered
nurse anesthetist licensed as an advanced practice
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| 21 | | registered nurse, or a licensed practical nurse licensed under |
| 22 | | the Nurse Practice Act.
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| 23 | | "Patient of record" means a patient for whom the patient's |
| 24 | | most recent
dentist has obtained
a
relevant medical and dental |
| 25 | | history and on whom the dentist has performed an
examination |
| 26 | | and evaluated the condition to be treated.
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| | SB2965 | - 5 - | LRB101 19598 SPS 69074 b |
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| 1 | | "Dental responder" means a dentist or dental hygienist who |
| 2 | | is appropriately certified in disaster preparedness, |
| 3 | | immunizations, and dental humanitarian medical response |
| 4 | | consistent with the Society of Disaster Medicine and Public |
| 5 | | Health and training certified by the National Incident |
| 6 | | Management System or the National Disaster Life Support |
| 7 | | Foundation.
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| 8 | | "Mobile dental van or portable dental unit" means any |
| 9 | | self-contained or portable dental unit in which dentistry is |
| 10 | | practiced that can be moved, towed, or transported from one |
| 11 | | location to another in order to establish a location where |
| 12 | | dental services can be provided. |
| 13 | | "Public health dental hygienist" means a hygienist who |
| 14 | | holds a valid license to practice in the State, has 2 years of |
| 15 | | full-time clinical experience or an equivalent of 4,000 hours |
| 16 | | of clinical experience and has completed at least 42 clock |
| 17 | | hours of additional structured courses in dental education in |
| 18 | | advanced areas specific to public health dentistry. |
| 19 | | "Public health setting" means a federally qualified health |
| 20 | | center; a federal, State, or local public health facility; Head |
| 21 | | Start; a special supplemental nutrition program for Women, |
| 22 | | Infants, and Children (WIC) facility; or a certified |
| 23 | | school-based health center or school-based oral health |
| 24 | | program. |
| 25 | | "Public health supervision" means the supervision of a |
| 26 | | public health dental hygienist by a licensed dentist who has a |
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| 1 | | written public health supervision agreement with that public |
| 2 | | health dental hygienist while working in an approved facility |
| 3 | | or program that allows the public health dental hygienist to |
| 4 | | treat patients, without a dentist first examining the patient |
| 5 | | and being present in the facility during treatment, (1) who are |
| 6 | | eligible for Medicaid or (2) who are uninsured and whose |
| 7 | | household income is not greater than 200% of the federal |
| 8 | | poverty level. |
| 9 | | "Teledentistry" means the use of telehealth systems and |
| 10 | | methodologies in dentistry and includes limited patient |
| 11 | | diagnosis, treatment planning, care and education delivery |
| 12 | | using synchronous and asynchronous communications under an |
| 13 | | Illinois licensed a dentist's authority as provided under this |
| 14 | | Act. |
| 15 | | (Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18; |
| 16 | | 100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff. |
| 17 | | 7-26-19; revised 9-27-19.)
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| 18 | | (225 ILCS 25/54.3) |
| 19 | | (Section scheduled to be repealed on January 1, 2026) |
| 20 | | Sec. 54.3. Vaccinations. |
| 21 | | (a) Notwithstanding Section 54.2 of this Act, a dentist may |
| 22 | | administer vaccinations upon completion of appropriate |
| 23 | | training set forth by rule and approved by the Department on |
| 24 | | appropriate vaccine storage, proper administration, and |
| 25 | | addressing contraindications and adverse reactions. |
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| 1 | | Vaccinations shall be limited to patients 18 years of age and |
| 2 | | older pursuant to a valid prescription or standing order by a |
| 3 | | physician licensed to practice medicine in all its branches |
| 4 | | who, in the course of professional practice, administers |
| 5 | | vaccines to patients or if it is a general policy or |
| 6 | | recommendation published by the Centers for Disease Control or |
| 7 | | the Director of Public Health. Methods of communication shall |
| 8 | | be established for consultation with the physician in person or |
| 9 | | by telecommunications. |
| 10 | | (b) Vaccinations administered by a dentist shall be limited |
| 11 | | to influenza (inactivated influenza vaccine and live |
| 12 | | attenuated influenza intranasal vaccine). Vaccines shall only |
| 13 | | be administered by the dentist and shall not be delegated to an |
| 14 | | assistant or any other person. Vaccination of a patient by a |
| 15 | | dentist shall be documented in the patient's dental record and |
| 16 | | the record shall be retained in accordance with current dental |
| 17 | | recordkeeping standards. The dentist shall notify the |
| 18 | | patient's primary care physician of each dose of vaccine |
| 19 | | administered to the patient and shall enter all patient level |
| 20 | | data or update the patient's current record. The dentist may |
| 21 | | provide this notice to the patient's physician electronically. |
| 22 | | In addition, the dentist shall enter all patient level data on |
| 23 | | vaccines administered in the immunization data registry |
| 24 | | maintained by the Department of Public Health. |
| 25 | | (c) A dentist shall only provide vaccinations under this |
| 26 | | Section if contracted with and credentialed by the patient's |
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| 1 | | health insurance, health maintenance organization, or other |
| 2 | | health plan to specifically provide the vaccinations allowed |
| 3 | | under this Section. Persons enrolled in Medicare or Medicaid |
| 4 | | may only receive the vaccinations allowed for under this |
| 5 | | Section from dentists who are authorized to do so by the |
| 6 | | federal Centers for Medicare and Medicaid Services or the |
| 7 | | Department of Healthcare and Family Services. |
| 8 | | (d) The Department shall adopt any rules necessary to |
| 9 | | implement this Section. |
| 10 | | (e) This Section is repealed on January 1, 2026.
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| 11 | | (Source: P.A. 101-162, eff. 7-26-19.)
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| 12 | | Section 99. Effective date. This Act takes effect upon |
| 13 | | becoming law.
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