SB3211: TELEDENTISTRY EXAMINATIONS

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Practice Act is amended by 5 changing Sections 4 and 17.2 as follows: 6 (225 ILCS 25/4) 7 (Section scheduled to be repealed on January 1, 2031) 8 Sec. 4.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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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 - 11 - 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 - 12 - 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 - 13 - 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.)