SB 2822 — DENTAL SEDATION PERMITS

SB2822 EngrossedEnrolled LRB103 36437 AWJ 66539 b AN ACT concerning regulation.

"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 SB2822 EngrossedEnrolled - 2 - LRB103 36437 AWJ 66539 b in the practice of dentistry and to whom is reserved the responsibilities specified in Section 17.

"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 SB2822 EngrossedEnrolled - 3 - LRB103 36437 AWJ 66539 b 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.

endodontics, oral and maxillofacial surgery, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics, oral and maxillofacial SB2822 EngrossedEnrolled - 4 - LRB103 36437 AWJ 66539 b radiology, and dental anesthesiology.

SB2822 EngrossedEnrolled - 5 - LRB103 36437 AWJ 66539 b "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.

"Public health supervision" means the supervision of a public health dental hygienist by a licensed dentist who has a SB2822 EngrossedEnrolled - 6 - LRB103 36437 AWJ 66539 b 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 or whose household income is not greater than 300% of the federal poverty level.

(3) patients may require assistance in maintaining airways and spontaneous ventilation SB2822 EngrossedEnrolled - 7 - LRB103 36437 AWJ 66539 b may be inadequate;

revised 12-15-23.) SB2822 EngrossedEnrolled - 8 - LRB103 36437 AWJ 66539 b (225 ILCS 25/8.1) (from Ch.

(1) an American Dental Association Commission on Dental Accreditation accredited dental specialty program, general practice residency, or advanced education in general dentistry residency that includes training and documentation in moderate sedation techniques appropriate SB2822 EngrossedEnrolled - 9 - LRB103 36437 AWJ 66539 b for each specialty or an American Dental Association Commission on Dental Accreditation accredited dental anesthesiology residency program and proof of completion of 20 individually managed patients utilizing appropriate routes of administration, in which the applicant is the sole provider, which can include, but are not limited to, intravenous, oral, intranasal, or intramuscular or combinations thereof;

(b-5) The minimum requirements for a permit to administer deep sedation and general anesthesia issued after the SB2822 EngrossedEnrolled - 10 - LRB103 36437 AWJ 66539 b effective date of this amendatory Act of the 103rd General Assembly shall include:

establish the minimum educational and training requirements necessary for a dentist to be issued SB2822 EngrossedEnrolled - 11 - LRB103 36437 AWJ 66539 b an appropriate permit;

The Department shall adopt rules that ensure that a continuing education course designed to meet the permit requirements for moderate sedation training is reviewed and certified by the Department if the course is not accredited by SB2822 EngrossedEnrolled - 12 - LRB103 36437 AWJ 66539 b the American Dental Association Commission on Dental Accreditation.

For the purposes of this subsection (c), "nurse anesthetist" means a licensed certified registered nurse SB2822 EngrossedEnrolled - 13 - LRB103 36437 AWJ 66539 b anesthetist who holds a license as an advanced practice registered nurse.

or SB2822 EngrossedEnrolled - 14 - LRB103 36437 AWJ 66539 b (7) Who uses or administers local or general anesthetics in the treatment of dental or oral diseases or in any preparation incident to a dental operation of any kind or character;

A person does not practice dentistry when he or she discloses to the consumer that he or she is SB2822 EngrossedEnrolled - 15 - LRB103 36437 AWJ 66539 b not licensed as a dentist under this Act and (i) discusses the use of teeth whitening materials with a consumer purchasing these materials;

or (c) The practice of dentistry by students in their SB2822 EngrossedEnrolled - 16 - LRB103 36437 AWJ 66539 b course of study in dental schools or colleges approved by the Department, when acting under the direction and supervision of dentists acting as instructors;

In addition, after being authorized by a dentist, a dental SB2822 EngrossedEnrolled - 17 - LRB103 36437 AWJ 66539 b assistant may, for the purpose of eliminating pain or discomfort, remove loose, broken, or irritating orthodontic appliances on a patient of record.

A dental assistant may place, carve, and finish amalgam restorations, place, pack, and finish composite restorations, and place interim restorations if he or she (A) has successfully completed a structured training program as described in item (2) of subsection (g) provided by an educational institution accredited by the Commission on Dental Accreditation, such as a dental school or dental hygiene or dental assistant program, or (B) has at SB2822 EngrossedEnrolled - 18 - LRB103 36437 AWJ 66539 b least 4,000 hours of direct clinical patient care experience and has successfully completed a structured training program as described in item (2) of subsection (g) provided by a statewide dental association, approved by the Department to provide continuing education, that has developed and conducted training programs for expanded functions for dental assistants or hygienists.

A dental assistant must have successfully completed an approved coronal polishing and dental sealant course prior to taking the amalgam and composite restoration SB2822 EngrossedEnrolled - 19 - LRB103 36437 AWJ 66539 b course.

(7) The operative procedure of dental hygiene consisting of oral prophylactic procedures, except for coronal polishing and pit and fissure sealants, which may be performed by a dental assistant who has SB2822 EngrossedEnrolled - 20 - LRB103 36437 AWJ 66539 b successfully completed a training program approved by the Department.

(A) coronal scaling above the gum line, supragingivally, on the clinical crown of SB2822 EngrossedEnrolled - 21 - LRB103 36437 AWJ 66539 b the tooth only on patients 17 years of age or younger who have an absence of periodontal disease and who are not medically compromised or individuals with special needs and (B) intracoronal temporization of a tooth.

In addition, coronal scaling as described in this paragraph shall only be utilized on patients who are SB2822 EngrossedEnrolled - 22 - LRB103 36437 AWJ 66539 b eligible for Medicaid, who are uninsured, or whose household income is not greater than 300% of the federal poverty level.

and (iii) has been accepted or appointed for specialty or residency training by a hospital situated in this SB2822 EngrossedEnrolled - 23 - LRB103 36437 AWJ 66539 b State;

revised 12-15-23.) SB2822 EngrossedEnrolled - 24 - LRB103 36437 AWJ 66539 b (225 ILCS 25/19.2) (Section scheduled to be repealed on January 1, 2026) Sec.

(3) the applicant has received an invitation to perform dental care by a charitable organization or has received an invitation to study or receive training on SB2822 EngrossedEnrolled - 25 - LRB103 36437 AWJ 66539 b specific dental or clinical subjects or techniques by a licensed continuing education sponsor who is approved by the Department to provide clinical training in the State of Illinois on patients for the welfare of Illinois residents pursuant to subsection (a-5) and is in compliance with the provisions of this Act;

SB2822 EngrossedEnrolled - 26 - LRB103 36437 AWJ 66539 b (i) a plan of follow-up care and training models;

SB2822 EngrossedEnrolled - 27 - LRB103 36437 AWJ 66539 b A continuing education sponsor license issued under this Section shall be valid for a period of time as provided by rule.

SB2822 EngrossedEnrolled - 28 - LRB103 36437 AWJ 66539 b (g) A patient who seeks treatment from a temporary visiting dentist must sign a consent form acknowledging that the care the patient will receive will be provided by a dentist not licensed in the State of Illinois and that the Illinois licensed dentist who has the collaborative agreement with the temporary visiting dentist will be responsible for all the follow-up care associated with the treatment rendered to the patient.

If the Secretary summarily cancels a permit or license issued pursuant to this Section, the permit holder or licensee may SB2822 EngrossedEnrolled - 29 - LRB103 36437 AWJ 66539 b petition the Department for a hearing in accordance with the provisions of subsection (b) of Section 26 of this Act to reinstate his or her permit or license.

The purpose of this Section is to authorize and regulate the advertisement by dentists of information which is intended to provide the public with a sufficient basis upon which to make an informed selection of dentists while protecting the public from false or misleading SB2822 EngrossedEnrolled - 30 - LRB103 36437 AWJ 66539 b advertisements which would detract from the fair and rational selection process.

However, any advertisement which announces the SB2822 EngrossedEnrolled - 31 - LRB103 36437 AWJ 66539 b availability of endodontics, pediatric dentistry, periodontics, prosthodontics, orthodontics and dentofacial orthopedics, oral and maxillofacial surgery, or oral and maxillofacial radiology by a general dentist or by a licensed specialist who is not licensed in that specialty shall include a disclaimer stating that the dentist does not hold a license in that specialty.

(3) Pay a fee to any dental referral service or other third party who advertises a dental referral service, unless all advertising of the dental referral service SB2822 EngrossedEnrolled - 32 - LRB103 36437 AWJ 66539 b makes it clear that dentists are paying a fee for that referral service.

SB2822 EngrossedEnrolled - 33 - LRB103 36437 AWJ 66539 b The Department shall adopt rules to carry out the intent of this Section.