SB2965 101ST GENERAL ASSEMBLY

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2965Introduced 2/4/2020, by Sen. Rachelle CroweSYNOPSIS AS INTRODUCED:
225 ILCS 25/4
from Ch. 111, par. 2304
225 ILCS 25/54.3
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.
LRB101 19598 SPS 69074 b

A BILL FOR
SB2965
LRB101 19598 SPS 69074 b

1AN ACT concerning regulation.
2Be it enacted by the People of the State of Illinois, 3represented in the General Assembly:
4Section 5. The Illinois Dental Practice Act is amended by 5changing Sections 4 and 54.3 as follows:
6(225 ILCS 25/4)(from Ch. 111, par. 2304)7(Section scheduled to be repealed on January 1, 2026)8Sec. 4. Definitions. As used in this Act:9"Address of record" means the designated address recorded 10by the Department in the applicant's or licensee's application 11file or license file as maintained by the Department's 12licensure maintenance unit. It is the duty of the applicant or 13licensee to inform the Department of any change of address and 14those changes must be made either through the Department's 15website or by contacting the Department. 16"Department" means the Department of Financial and 17Professional Regulation.18"Secretary" means the Secretary of Financial and 19Professional Regulation.20"Board" means the Board of Dentistry.21"Dentist" means a person who has received a general license 22pursuant
to paragraph (a) of Section 11 of this Act and who may 23perform any intraoral
and extraoral procedure required in the 

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1practice of dentistry and to whom is reserved the 2responsibilities specified in Section 17.3"Dental hygienist" means a person who holds a license under 4this Act to perform dental services as authorized by Section 518.6"Dental assistant" means an appropriately trained person7who, under the supervision of a dentist, provides dental 8services as authorized by Section 17.9"Expanded function dental assistant" means a dental 10assistant who has completed the training required by Section 1117.1 of this Act. 12"Dental laboratory" means a person, firm or corporation 13which: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; and19(ii) utilizes or employs a dental technician to provide 20 such services; and21(iii) performs such functions only for a dentist or 22 dentists.23"Supervision" means supervision of a dental hygienist or a 24dental assistant requiring that a dentist authorize the 25procedure, remain in the dental facility while the procedure is 26performed, and approve the work performed by the dental

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1hygienist or dental assistant before dismissal of the patient, 2but does not mean that the dentist must be present at all times 3in the treatment room.4"General supervision" means supervision of a dental 5hygienist requiring that the patient be a patient of record,6that the dentist examine the patient in accordance with Section 718 prior to treatment by the dental hygienist, and that the8dentist authorize the procedures which are being carried out by 9a notation in the patient's record, but not requiring that a 10dentist be present when the authorized procedures are being 11performed. The issuance of a prescription to a dental 12laboratory by a dentist does not constitute general 13supervision.14"Public member" means a person who is not a health 15professional. For purposes of board membership, any person with 16a significant financial interest in a health service or 17profession is not a public member.18"Dentistry" means the healing art which is concerned with 19the examination, diagnosis, treatment planning and care of 20conditions within the human oral cavity and its adjacent 21tissues and structures, as further specified in Section 17.22"Branches of dentistry" means the various specialties of 23dentistry which, for purposes of this Act, shall be limited to 24the following: endodontics, oral and maxillofacial surgery, 25orthodontics and dentofacial orthopedics, pediatric dentistry,26periodontics, prosthodontics, and oral and maxillofacial

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1radiology, and dental anesthesiology.2"Specialist" means a dentist who has received a specialty 3license pursuant to Section 11(b).4"Dental technician" means a person who owns, operates or is5employed by a dental laboratory and engages in making, 6providing, repairing or altering dental prosthetic appliances 7and other artificial materials and devices which are returned 8to a dentist for insertion into the human oral cavity or which 9come in contact with its adjacent structures and tissues.10"Impaired dentist" or "impaired dental hygienist" means a 11dentist or dental hygienist who is unable to practice with12reasonable skill and safety because of a physical or mental 13disability as evidenced by a written determination or written 14consent based on clinical evidence, including deterioration 15through the aging process, loss of motor skills, abuse of drugs 16or alcohol, or a psychiatric disorder, of sufficient degree to 17diminish the person's ability to deliver competent patient 18care.19"Nurse" means a registered professional nurse, a certified 20registered nurse anesthetist licensed as an advanced practice21registered nurse, or a licensed practical nurse licensed under 22the Nurse Practice Act.23"Patient of record" means a patient for whom the patient's 24most recent dentist has obtained a relevant medical and dental 25history and on whom the dentist has performed an examination 26and evaluated the condition to be treated.

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1"Dental responder" means a dentist or dental hygienist who 2is appropriately certified in disaster preparedness, 3immunizations, and dental humanitarian medical response 4consistent with the Society of Disaster Medicine and Public 5Health and training certified by the National Incident 6Management System or the National Disaster Life Support 7Foundation.8"Mobile dental van or portable dental unit" means any 9self-contained or portable dental unit in which dentistry is 10practiced that can be moved, towed, or transported from one 11location to another in order to establish a location where 12dental services can be provided.13"Public health dental hygienist" means a hygienist who 14holds a valid license to practice in the State, has 2 years of 15full-time clinical experience or an equivalent of 4,000 hours 16of clinical experience and has completed at least 42 clock 17hours of additional structured courses in dental education in 18advanced areas specific to public health dentistry.19"Public health setting" means a federally qualified health 20center; a federal, State, or local public health facility; Head 21Start; a special supplemental nutrition program for Women, 22Infants, and Children (WIC) facility; or a certified 23school-based health center or school-based oral health 24program.25"Public health supervision" means the supervision of a 26public health dental hygienist by a licensed dentist who has a

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1written public health supervision agreement with that public 2health dental hygienist while working in an approved facility 3or program that allows the public health dental hygienist to 4treat patients, without a dentist first examining the patient 5and being present in the facility during treatment, (1) who are 6eligible for Medicaid or (2) who are uninsured and whose 7household income is not greater than 200% of the federal 8poverty level. 9"Teledentistry" means the use of telehealth systems and 10methodologies in dentistry and includes limited patient 11diagnosis, treatment planning,care and education delivery 12using synchronous and asynchronous communications under an 13Illinois licenseda dentist's authority as provided under this 14Act.15(Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18; 16100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff. 177-26-19; revised 9-27-19.)
18(225 ILCS 25/54.3)19(Section scheduled to be repealed on January 1, 2026)20Sec. 54.3. Vaccinations.21(a) Notwithstanding Section 54.2 of this Act, a dentist may 22administer vaccinations upon completion of appropriate 23training set forth by rule and approved by the Department on 24appropriate vaccine storage, proper administration, and 25addressing contraindications and adverse reactions.

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LRB101 19598 SPS 69074 b

1Vaccinations shall be limited to patients 18 years of age and 2older pursuant to a valid prescription or standing order by a 3physician licensed to practice medicine in all its branches 4who, in the course of professional practice, administers 5vaccines to patients or if it is a general policy or 6recommendation published by the Centers for Disease Control or 7the Director of Public Health. Methods of communication shall 8be established for consultation with the physician in person or 9by telecommunications.10(b) Vaccinations administered by a dentist shall be limited 11to influenza (inactivated influenza vaccine and live 12attenuated influenza intranasal vaccine). Vaccines shall only 13be administered by the dentist and shall not be delegated to an 14assistant or any other person. Vaccination of a patient by a 15dentist shall be documented in the patient's dental record and 16the record shall be retained in accordance with current dental 17recordkeeping standards. The dentist shall notify the 18patient's primary care physician of each dose of vaccine 19administered to the patient and shall enter all patient level 20data or update the patient's current record. The dentist may 21provide this notice to the patient's physician electronically. 22In addition, the dentist shall enter all patient level data on 23vaccines administered in the immunization data registry 24maintained by the Department of Public Health.25(c) A dentist shall only provide vaccinations under this 26Section if contracted with and credentialed by the patient's

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1health insurance, health maintenance organization, or other 2health plan to specifically provide the vaccinations allowed 3under this Section. Persons enrolled in Medicare or Medicaid 4may only receive the vaccinations allowed for under this 5Section from dentists who are authorized to do so by the 6federal Centers for Medicare and Medicaid Services or the 7Department of Healthcare and Family Services.8(d) The Department shall adopt any rules necessary to 9implement this Section.10(e) This Section is repealed on January 1, 2026.11(Source: P.A. 101-162, eff. 7-26-19.)
12Section 99. Effective date. This Act takes effect upon 13becoming law.