Bill Text: IL HB2676 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Illinois Dental Practice Act. Changes the definition of "public health dental hygienist." Provides that the requirement that a public health dental hygienist have additional structured courses in dental education in advanced areas specific to public health dentistry shall include emergency procedures for medically compromised patients, pharmacology, medical recordkeeping procedures, geriatric dentistry, pediatric dentistry, and pathology provided by an educational institution accredited by the Commission on Dental Accreditation, such as a dental school or dental hygiene program, or a statewide dental association, approved by the Department of Financial and Professional Regulation to provide continuing education, that has developed and conducted training programs for expanded functions for dental assistants and hygienists. Provides that the training program must include a minimum of 26 hours of didactic study; include 8 hours of in-person classroom experience with an outcome assessment examination that tests the competency of the didactic subjects required by the Act; require the hygienist to complete an 8-hour, on-site mentoring experience monitored by the dentist who will have a public health supervision agreement with the hygienist; issue a certificate of completion of the training program, which must be kept on file at the supervising dentist's office and which will be made available to the Department upon request; and operate in a public health setting pursuant to a written public health supervision agreement with a dentist who is working in or has contracted with a local or State government agency or institution or who is providing services as part of a certified school-based program or school-based oral health program. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2019-07-12 - Public Act . . . . . . . . . 101-0064 [HB2676 Detail]

Download: Illinois-2019-HB2676-Chaptered.html



Public Act 101-0064
HB2676 EnrolledLRB101 07105 JRG 52142 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 Section 4 and by adding Sections 13.5 and 13.10 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(Section scheduled to be repealed on January 1, 2026)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, and oral and maxillofacial
radiology.
"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
approved by rule by the Department in advanced areas specific
to public health dentistry, including, but not limited to,
emergency procedures for medically compromised patients,
pharmacology, medical recordkeeping procedures, geriatric
dentistry, pediatric dentistry, pathology, and other areas of
study as determined by the Department, and works in a public
health setting pursuant to a written public health supervision
agreement as defined by rule by the Department with a dentist
working in or contracted with a local or State government
agency or institution or who is providing services as part of a
certified school-based program or school-based oral health
program.
"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; or a certified
school-based health center or school-based oral health
program.
"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 and whose
household income is not greater than 200% of the federal
poverty level.
(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
99-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff.
1-1-18; 100-863, eff. 8-14-18.)
(225 ILCS 25/13.5 new)
Sec. 13.5. Training programs for public health dental
hygienists.
(a) With respect to the requirement that a public health
dental hygienist have additional structured courses in dental
education in advanced areas specific to public health
dentistry, education in advanced areas specific to public
health dentistry must include emergency procedures for
medically compromised patients (5 hours), pharmacology (5
hours), medical recordkeeping procedures (4 hours), geriatric
dentistry (5 hours), pediatric dentistry (5 hours), and
pathology (5 hours) provided by:
(1) an educational institution accredited by the
Commission on Dental Accreditation, such as a dental school
or dental hygiene program; or
(2) a statewide dental association or dental hygiene
association, approved by the Department to provide
continuing education, that has developed and conducted
training programs for expanded functions for dental
assistants and hygienists.
(b) Training programs for a public health dental hygienist
must:
(1) include a minimum 29 hours of didactic study as
described in subsection (a), which may be taken in an
online structured format and in compliance with the
continued learning education requirements of 68 Illinois
Administrative Code 1220.440;
(2) require completion of 5 hours of didactic courses
in the following topic areas: special needs dentistry,
teledentistry, nutritional needs of geriatric and low
income patients, communication techniques with non-English
speaking patients, cultural competency, and professional
ethics;
(3) require completion of an 8 hour in-person classroom
review that includes a comprehension exam on the subjects
required in subsection (a) and submit certification of
successful completion to the supervising dentist; and
(4) issue a certificate of completion of the training
program requirement, which must be kept on file at the
supervising dentist's office and with the public health
dental hygienist which will be made available to the
Department upon request.
(225 ILCS 25/13.10 new)
Sec. 13.10. Public health dental hygienist supervision
agreement. After completion of the requirements of Section
13.5, a public health dental hygienist may operate in a public
health setting that meets the requirements of Section 18.1 with
a dentist who is working in or has contracted with a local or
State government agency or institution or who is providing
services as part of a certified school-based program or
school-based oral health program.
Section 99. Effective date. This Act takes effect upon
becoming law.
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