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SB3211 - 104th General Assembly

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Senate Amendment 001

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SB3211 Enrolled
LRB104 18507 AAS 31949 b
1

AN ACT concerning regulation.

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 by
5
changing Sections 4 and 17.2 as follows:

6

(225 ILCS 25/4)
7

(Section scheduled to be repealed on January 1, 2031)
8

Sec. 4.
Definitions.
As used in this Act:
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

"Email address of record" means the designated email
17
address recorded by the Department in the applicant's
18
application file or the licensee's license file, as maintained
19
by the Department's licensure maintenance unit.
20

"Department" means the Department of Financial and
21
Professional Regulation.
22

"Secretary" means the Secretary of Financial and
23
Professional Regulation.

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1

"Board" means the Board of Dentistry.
2

"Dentist" means a person who has received a general
3
license pursuant to subsection (a) of Section 11 of this Act
,

4
and
who may perform any intraoral and extraoral procedure
5
required in the practice of dentistry
,
and to whom is reserved
6
the responsibilities specified in Section 17.
7

"Dental hygienist" means a person who holds a license
8
under this Act to perform dental services as authorized by
9
Section 18.
10

"Dental assistant" means an appropriately trained person
11
who, under the supervision of a dentist, provides dental
12
services as authorized by Section 17.
13

"Expanded function dental assistant" means a dental
14
assistant who has completed the training required by Section
15
17.1 of this Act.
16

"Dental laboratory" means a person, firm, or corporation
17
which:
18

(i) engages in making, providing, repairing, or
19

altering dental prosthetic appliances and other artificial
20

materials and devices which are returned to a dentist for
21

insertion into the human oral cavity or which come in
22

contact with its adjacent structures and tissues;
and
23

(ii) utilizes or employs a dental technician to
24

provide such services; and
25

(iii) performs such functions only for a dentist or
26

dentists.

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1

"Supervision" means supervision of a dental hygienist or a
2
dental assistant requiring that a dentist authorize the
3
procedure, remain in the dental facility while the procedure
4
is performed, and approve the work performed by the dental
5
hygienist or dental assistant before dismissal of the patient,
6
but does not mean that the dentist must be present at all times
7
in the treatment room.
8

"General supervision" means supervision of a dental
9
hygienist requiring that the patient be a patient of record,
10
that the dentist examine the patient in accordance with
11
Section 18 prior to treatment by the dental hygienist, and
12
that the dentist authorize the procedures which are being
13
carried out by a notation in the patient's record, but not
14
requiring that a dentist be present when the authorized
15
procedures are being performed. The issuance of a prescription
16
to a dental laboratory by a dentist does not constitute
17
general supervision.
18

"Public member" means a person who is not a health
19
professional. For purposes of board membership, any person
20
with a significant financial interest in a health service or
21
profession is not a public member.
22

"Dentistry" means the healing art which is concerned with
23
the examination, diagnosis, treatment planning, and care of
24
conditions within the human oral cavity and its adjacent
25
tissues and structures, as further specified in Section 17.
26

"Branches of dentistry" means the various specialties of

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
dentistry which, for purposes of this Act, shall be limited to
2
the following: endodontics, oral and maxillofacial surgery,
3
orthodontics and dentofacial orthopedics, pediatric dentistry,
4
periodontics, prosthodontics, oral and maxillofacial
5
radiology, dental anesthesiology, oral and maxillofacial
6
pathology, dental public health, oral medicine, and orofacial
7
pain.
8

"Specialist" means a dentist who has received a specialty
9
license pursuant to subsection (b) of Section 11.
10

"Dental technician" means a person who owns, operates, or
11
is employed by a dental laboratory and engages in making,
12
providing, repairing, or altering dental prosthetic appliances
13
and other artificial materials and devices which are returned
14
to a dentist for insertion into the human oral cavity or which
15
come in contact with its adjacent structures and tissues.
16

"Informed consent" means legally valid consent that is
17
given by a patient or legal guardian, that is recorded in
18
writing or digitally, that authorizes intervention or
19
treatment services from the treating dentist, and that
20
documents agreement to participate in those services and
21
knowledge of the risks, benefits, and alternatives, including
22
the decision to withdraw from or decline treatment.
23

"Impaired dentist" or "impaired dental hygienist" means a
24
dentist or dental hygienist who is unable to practice with
25
reasonable skill and safety because of a physical or mental
26
disability as evidenced by a written determination or written

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
consent based on clinical evidence, including deterioration
2
through the aging process, loss of motor skills, abuse of
3
drugs or alcohol, or a psychiatric disorder, of sufficient
4
degree to diminish the person's ability to deliver competent
5
patient care.
6

"Nurse" means a registered professional nurse, a certified
7
registered nurse anesthetist licensed as an advanced practice
8
registered nurse, or a licensed practical nurse licensed under
9
the Nurse Practice Act.
10

"Patient of record", except as provided in Section 17.2,
11
means a patient for whom the patient's most recent dentist has
12
obtained a relevant medical and dental history and on whom the
13
dentist has performed a physical examination within the last
14
year and evaluated the condition to be treated, including a
15
review of the patient's most recent x-rays.
16

"Dental responder" means a dentist or dental hygienist who
17
is appropriately certified in disaster preparedness,
18
immunizations, and dental humanitarian medical response
19
consistent with the Society of Disaster Medicine and Public
20
Health and training certified by the National Incident
21
Management System or the National Disaster Life Support
22
Foundation.
23

"Mobile dental van or portable dental unit" means any
24
self-contained or portable dental unit in which dentistry is
25
practiced that can be moved, towed, or transported from one
26
location to another in order to establish a location where

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
dental services can be provided.
2

"Public health dental hygienist" means a hygienist who
3
holds a valid license to practice in the State, has 2 years of
4
full-time clinical experience or an equivalent of 4,000 hours
5
of clinical experience, and has completed at least 42 clock
6
hours of additional structured courses in dental education in
7
advanced areas specific to public health dentistry.
8

"Public health setting" means a federally qualified health
9
center; a federal, State, or local public health facility;
10
Head Start; a special supplemental nutrition program for
11
Women, Infants, and Children (WIC) facility; a certified
12
school-based health center or school-based oral health
13
program; a prison; or a long-term care facility.
14

"Public health supervision" means the supervision of a
15
public health dental hygienist by a licensed dentist who has a
16
written public health supervision agreement with that public
17
health dental hygienist while working in an approved facility
18
or program that allows the public health dental hygienist to
19
treat patients, without a dentist first examining the patient
20
and being present in the facility during treatment, (1) who
21
are eligible for Medicaid or (2) who are uninsured or whose
22
household income is not greater than 300% of the federal
23
poverty level.
24

"Teledentistry" means the use of telehealth systems and
25
methodologies in dentistry and includes patient diagnosis,
26
treatment planning, care, and education delivery for a patient

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
of record using synchronous and asynchronous communications
2
under an Illinois licensed dentist's authority as provided
3
under this Act.
4

"Synchronous" means the transmission of a patient's health
5
care information through a real-time, 2-way interaction
6
between a patient and a dentist or dental office using
7
audiovisual telecommunication technology.

8

"Moderate sedation" means a drug-induced depression of
9
consciousness during which: (1) patients respond purposefully
10
to verbal commands, either alone or accompanied by light
11
tactile stimulation; (2) no interventions are required to
12
maintain a patient's airway and spontaneous ventilation is
13
adequate; and (3) cardiovascular function is usually
14
maintained.
15

"Deep sedation" means a drug-induced depression of
16
consciousness during which: (1) patients cannot be easily
17
aroused, but respond purposefully following repeated or
18
painful stimulation; (2) the ability to independently maintain
19
ventilatory function may be impaired; (3) patients may require
20
assistance in maintaining airways and spontaneous ventilation
21
may be inadequate; and (4) cardiovascular function is usually
22
maintained.
23

"General anesthesia" means a drug-induced loss of
24
consciousness during which: (1) patients are not arousable,
25
even by painful stimulation; (2) the ability to independently
26
maintain ventilatory function is often impaired; (3) patients

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
often require assistance in maintaining airways and positive
2
pressure ventilation may be required because of depressed
3
spontaneous ventilation or drug-induced depression of
4
neuromuscular function; and (4) cardiovascular function may be
5
impaired.
6

"Venipuncture" means the puncture of a vein as part of a
7
medical procedure, typically to withdraw a blood sample or for
8
an intravenous catheter for the administration of medication
9
or fluids.
10

"Enteral route of administration" means administration of
11
a drug that is absorbed through the gastrointestinal tract or
12
through oral, rectal, or sublingual mucosa.
13

"Parenteral route of administration" means administration
14
of a drug by which the drug bypasses the gastrointestinal
15
tract through intramuscular, intravenous, intranasal,
16
submucosal, subcutaneous, or intraosseous methods.
17
(Source: P.A. 103-425, eff. 1-1-24; 103-431, eff. 1-1-24;
18
103-605, eff. 7-1-24; 103-628, eff. 7-1-24; 103-902, eff.
19
8-9-24; 104-103, eff. 8-1-25; 104-151, eff. 1-1-26; 104-417,
20
eff. 8-15-25; revised 9-15-25.)

21

(225 ILCS 25/17.2)
22

(Section scheduled to be repealed on January 1, 2031)
23

Sec. 17.2.
Teledentistry.
24

(a) As used in this Section, "patient of record" means a
25
patient for whom the patient's most recent Illinois-licensed

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
dentist has obtained a relevant medical and dental history and
2
on whom the dentist has (i) performed a physical examination
3
within the last year; (ii) obtained relevant records that are
4
appropriate for the type of teledentistry service being
5
provided from an in-person examination within the previous 12
6
months, including a review of the patient's most recent
7
x-rays
; provided that if none are available, the supervising
8
dentist must order x-rays and they must be reviewed by the
9
licensed dentist prior to treatment
;
or
(iii) established a
10
relationship with the patient through an exchange of protected
11
health information for the purpose of
screening a patient

12
providing emergency care, treatment, or services
in accordance
13
with
the requirements of subsection (c); or (iv) established a
14
relationship with the patient through an exchange of protected
15
health information that meets the requirements of subsection
16
(d)

subsection (c)
.
A patient who receives teledentistry
17
services under this Section shall receive a referral to an
18
Illinois-licensed dentist to receive appropriate in-person
19
care.

20

(b) A dentist may only practice or utilize teledentistry
21
on a patient of record. A dentist practicing dentistry through
22
teledentistry is subject to the same standard of care and
23
practice standards that are applicable to dental services
24
provided in a clinic or office setting. A dentist may provide
25
and delegate dental services using teledentistry
to an
26
Illinois-licensed dental hygienist
only under the supervision

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
requirements as specified in this Act for in-person care.
A
2
dental hygienist may perform oral prophylaxis procedures; may
3
apply fluoride treatments, but not any product used for the
4
remineralization of teeth, including, but not limited to,
5
silver diamine fluoride; and may process x-rays as ordered by
6
the supervising dentist on a patient of record only after an
7
Illinois-licensed dentist has examined, diagnosed, and
8
authorized such procedures using synchronous systems. A person
9
is limited to 2 oral prophylaxis procedures performed by a
10
licensed dental hygienist using teledentistry until an
11
in-person examination by a licensed dentist has been
12
completed. Local anesthetics and nitrous oxide may not be used
13
during an oral prophylaxis procedure in a teledentistry
14
service by a dental hygienist.
Prior to providing
15
teledentistry services to a patient, a dentist must obtain
16
informed consent from the patient as to the treatment proposed
17
to be offered through teledentistry
by the dentist
.
The
18
informed consent form shall include a written statement
19
explaining the alternatives to and the capabilities and
20
limitations of teledentistry and shall advise that a
21
teledentistry interaction is not equivalent to an in-person
22
clinical examination and that the dentist is not physically
23
present. Such consent shall also be documented and included in
24
the patient's record.
A dentist
and dental hygienist
providing
25
services via
teledentistry under this Section shall provide
26
the patient with
their names

his or her name
, direct telephone

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
numbers

number
, and physical practice
addresses

address
. It is
2
a violation of this Act for a provider of dental services
3
rendering care through teledentistry to require a patient to
4
sign an agreement that limits in any way the patient's ability
5
to write a review of services received or file a complaint with
6
the Department or other regulatory agency. The Department
7
shall adopt rules
, including, but not limited to, minimal
8
technology standards for teledentistry and rules
to provide
9
for the use of teledentistry in the State of Illinois.
10

(c) A dentist may treat a patient of record to provide
11
emergent care or
to
conduct an initial
screening

consultation

12
using teledentistry
. An initial screening may only be provided
13
using teledentistry by an Illinois-licensed dentist to assess
14
suitability of the patient for treatment at a dental facility
15
or for assessing for acute pain, infection, injury, or an
16
intraoral or perioral condition that presents immediate harm
17
or discomfort to the patient for which treatment cannot be
18
postponed

for the purpose of treating or assessing for acute
19
pain, infection, injury, or any intraoral or perioral
20
condition that presents immediate harm or discomfort to the
21
patient for which treatment cannot be postponed
. A provider of
22
dental services rendering
care or providing a screening
23
through

emergent care or conducting an initial consultation
24
through
teledentistry must direct the patient to receive
25
appropriate in-person care after the provision of
26
teledentistry services.

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1

(d) An initial examination may be provided using
2
teledentistry but shall only be conducted for the purpose of
3
providing a consultation, for the provision of services
4
authorized in subsection (b), or for treating or assessing
5
acute pain, infection, injury, or any intraoral or perioral
6
condition that presents immediate harm or discomfort to the
7
patient for which treatment cannot be postponed. A provider of
8
dental services rendering care or providing a teledentistry
9
examination must direct the patient to receive appropriate
10
in-person care after the provision of teledentistry services.
11
An initial examination for new patients, excluding patients
12
seeking orthodontic, sleep apnea, or snoring treatment or the
13
functional and cosmetic replacement or treatment of teeth, may
14
be conducted through teledentistry if the authorizing
15
Illinois-licensed dentist establishes a bona fide
16
dentist-patient relationship by reviewing the patient's
17
medical and dental history and verifying both the patient's
18
identity and physical location to ensure that dental care is
19
being administered within the State.
20

An initial examination for orthodontia, sleep apnea, or
21
snoring treatment or the functional and cosmetic replacement
22
or treatment of teeth shall be performed in person only.
23
Additionally, an in-person clinical examination shall be
24
performed immediately before providing or authorizing services
25
or treatments to patients that are not reversible or that
26
otherwise result in increased risk to the patient. For ongoing

SB3211 Enrolled
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LRB104 18507 AAS 31949 b
1
dentist-patient relationships, dentists shall direct patients
2
to be seen in person at least annually.
3

Nothing in this Section shall be construed to expand the
4
scope of practice for dental hygienists or establish
5
independent hygiene practice.

6
(Source: P.A. 103-902, eff. 8-9-24; 104-417, eff. 8-15-25.)

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