ADA responds to Ill. dental practice act legislation

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The ADA is applauding the passage of changes to the Illinois Dental Practice Act, as well as electronic prescription requirements signed by Gov. J.B. Pritzker.

The legislation was spearheaded by the Illinois State Dental Society. Changes made to the act include allowing a licensed dentist or dental hygienist who is a military service member to use a streamlined licensing process. 

Additionally, the changes provide consistency with the Illinois Civil Procedure Code that addresses patient notification in the event of a dental office closure. This legislation will be effective starting January 1, 2024. 

Changes to the act include the following: 

  • The addition of clarifying language to existing provisions to correct an oversight from workforce legislation that was recently passed

  • Allowing a holder of a faculty limited license to advertise their specialty degree as part of their ability to practice at the dental facility

  • Allowing a licensed dentist or dental hygienist who is a military service member to apply for licensure by credentialing

  • Stipulating that continuing education providers must disclose that a course is approved for continuing education in Illinois

  • Clarifying provisions regarding patient records when an office closes, which is consistent with the other provisions in Illinois law 

Also, beginning on January 1, all healthcare providers, including dentists, who prescribe controlled substances schedule II-IV submit them electronically. However, the legislation provides several exemptions from this requirement, including the following: 

  • A provider who does not issue more than 150 prescriptions during a 12-month period until December 31, 2028. Starting January 1, 2029, a prescriber would be exempt if they do not issue more than 50 prescriptions during a 12-month period

  • Before January 1, 2026, the prescriber demonstrates financial difficulty in buying or managing an electronic prescription option

  • On and after January 1, 2026, the prescriber provides proof of a waiver from the U.S. Centers for Medicare and Medicaid Services for economic hardship

  • Temporary technological or electrical failure that prevents an electronic prescription from being issued

  • The practitioner determines that it would be impractical for the patient to obtain the prescription promptly if prescribed electronically and would adversely impact the patient’s medical condition

  • Patients in certain locations and situations, such as nursing homes, correctional facilities, or undergoing hospice care
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