Teledentistry

(225 ILCS 25/17.2)     (Text of Section before amendment by P.A. 104-845)     (Section scheduled to be repealed on January 1, 2031)     Sec. 17.2. Teledentistry.     (a) As used in this Section, "patient of record" means a patient for whom the patient's most recent Illinois-licensed dentist has obtained a relevant medical and dental history and on whom the dentist has (i) performed a physical examination within the last year; (ii) obtained relevant records that are appropriate for the type of teledentistry service being provided from an in-person examination within the previous 12 months, including a review of the patient's most recent x-rays; or (iii) established a relationship with the patient through an exchange of protected health information for the purpose of providing emergency care, treatment, or services in accordance with subsection (c).     (b) A dentist may only practice or utilize teledentistry on a patient of record. A dentist practicing dentistry through teledentistry is subject to the same standard of care and practice standards that are applicable to dental services provided in a clinic or office setting. A dentist may provide and delegate dental services using teledentistry only under the supervision requirements as specified in this Act for in-person care. Prior to providing teledentistry services to a patient, a dentist must obtain informed consent from the patient as to the treatment proposed to be offered through teledentistry by the dentist. A dentist providing teledentistry under this Section shall provide the patient with his or her name, direct telephone number, and physical practice address. It is a violation of this Act for a provider of dental services rendering care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. The Department shall adopt rules to provide for the use of teledentistry in the State of Illinois.     (c) A dentist may treat a patient of record to provide emergent care or conduct an initial consultation using teledentistry for the purpose of treating or assessing for acute pain, infection, injury, or any intraoral or perioral condition that presents immediate harm or discomfort to the patient for which treatment cannot be postponed. A provider of dental services rendering emergent care or conducting an initial consultation through teledentistry must direct the patient to receive appropriate in-person care after the provision of teledentistry services. (Source: P.A. 103-902, eff. 8-9-24; 104-417, eff. 8-15-25.)       (Text of Section after amendment by P.A. 104-845)     (Section scheduled to be repealed on January 1, 2031)     Sec. 17.2. Teledentistry.     (a) As used in this Section, "patient of record" means a patient for whom the patient's most recent Illinois-licensed dentist has obtained a relevant medical and dental history and on whom the dentist has (i) performed a physical examination within the last year; (ii) obtained relevant records that are appropriate for the type of teledentistry service being provided from an in-person examination within the previous 12 months, including a review of the patient's most recent x-rays; provided that if none are available, the supervising dentist must order x-rays and they must be reviewed by the licensed dentist prior to treatment; (iii) established a relationship with the patient through an exchange of protected health information for the purpose of screening a patient in accordance with the requirements of subsection (c); or (iv) established a relationship with the patient through an exchange of protected health information that meets the requirements of subsection (d). A patient who receives teledentistry services under this Section shall receive a referral to an Illinois-licensed dentist to receive appropriate in-person care.     (b) A dentist may only practice or utilize teledentistry on a patient of record. A dentist practicing dentistry through teledentistry is subject to the same standard of care and practice standards that are applicable to dental services provided in a clinic or office setting. A dentist may provide and delegate dental services using teledentistry to an Illinois-licensed dental hygienist only under the supervision requirements as specified in this Act for in-person care. A dental hygienist may perform oral prophylaxis procedures; may apply fluoride treatments, but not any product used for the remineralization of teeth, including, but not limited to, silver diamine fluoride; and may process x-rays as ordered by the supervising dentist on a patient of record only after an Illinois-licensed dentist has examined, diagnosed, and authorized such procedures using synchronous systems. A person is limited to 2 oral prophylaxis procedures performed by a licensed dental hygienist using teledentistry until an in-person examination by a licensed dentist has been completed. Local anesthetics and nitrous oxide may not be used during an oral prophylaxis procedure in a teledentistry service by a dental hygienist. Prior to providing teledentistry services to a patient, a dentist must obtain informed consent from the patient as to the treatment proposed to be offered through teledentistry. The informed consent form shall include a written statement explaining the alternatives to and the capabilities and limitations of teledentistry and shall advise that a teledentistry interaction is not equivalent to an in-person clinical examination and that the dentist is not physically present. Such consent shall also be documented and included in the patient's record. A dentist and dental hygienist providing services via teledentistry under this Section shall provide the patient with their names, direct telephone numbers, and physical practice addresses. It is a violation of this Act for a provider of dental services rendering care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. The Department shall adopt rules, including, but not limited to, minimal technology standards for teledentistry and rules to provide for the use of teledentistry in the State of Illinois.     (c) A dentist may treat a patient of record to provide emergent care or to conduct an initial screening using teledentistry. An initial screening may only be provided using teledentistry by an Illinois-licensed dentist to assess suitability of the patient for treatment at a dental facility or for assessing for acute pain, infection, injury, or an intraoral or perioral condition that presents immediate harm or discomfort to the patient for which treatment cannot be postponed. A provider of dental services rendering care or providing a screening through teledentistry must direct the patient to receive appropriate in-person care after the provision of teledentistry services.     (d) An initial examination may be provided using teledentistry but shall only be conducted for the purpose of providing a consultation, for the provision of services authorized in subsection (b), or for treating or assessing acute pain, infection, injury, or any intraoral or perioral condition that presents immediate harm or discomfort to the patient for which treatment cannot be postponed. A provider of dental services rendering care or providing a teledentistry examination must direct the patient to receive appropriate in-person care after the provision of teledentistry services. An initial examination for new patients, excluding patients seeking orthodontic, sleep apnea, or snoring treatment or the functional and cosmetic replacement or treatment of teeth, may be conducted through teledentistry if the authorizing Illinois-licensed dentist establishes a bona fide dentist-patient relationship by reviewing the patient's medical and dental history and verifying both the patient's identity and physical location to ensure that dental care is being administered within the State.     An initial examination for orthodontia, sleep apnea, or snoring treatment or the functional and cosmetic replacement or treatment of teeth shall be performed in person only. Additionally, an in-person clinical examination shall be performed immediately before providing or authorizing services or treatments to patients that are not reversible or that otherwise result in increased risk to the patient. For ongoing dentist-patient relationships, dentists shall direct patients to be seen in person at least annually.     Nothing in this Section shall be construed to expand the scope of practice for dental hygienists or establish independent hygiene practice. (Source: P.A. 103-902, eff. 8-9-24; 104-417, eff. 8-15-25; 104-845, eff. 1-1-27.)