Illinois Makes Multiple Changes to Dental Practice Act, Creates E-Prescribing Exemptions

Recently signed legislation in Illinois makes numerous changes to the state’s Dental Practice Act and creates several new exemptions to e-prescribing requirements. The bill does the following:

• It allows the holder of a faculty limited license to advertise a specialty degree as part of the licensee’s ability to practice in a faculty practice.
• It allows a license to be granted by credentials if an applicant has been practicing dentistry or dental hygiene for at least two years immediately preceding the filing of an application. In contrast, current law requires an applicant for licensure by credentials to practice for at least three of the five years immediately preceding an application.
• It allows a public health dental hygienist to treat patients without a dentist first examining the patient, if the patient does not have insurance and is part of a household with income that is no greater than 300% of the federal poverty level.
• It requires a dental office that is closing to provide notice to its patients at least 30 days prior to closure. Adverse action will be taken against a licensee for failure to comply with this notice period.
• It allows adverse action to be taken against a licensee for failure to maintain a sanitary work environment.
• It clarifies that dental records are the property of the office in which dentistry is practiced.
• It requires all prescriptions issued for Schedule II controlled substances to include the quantity prescribed.

The following exemptions to e-prescribing requirements were also included in the bill:

• An individual who certifies to the state’s Department of Financial and Professional Regulation that he or she will not issue more than 150 prescriptions during a 12-month period is not required to comply with e-prescribing requirements. After 2029, this exemption only applies if a prescriber certifies they will issue no more than 50 prescriptions during a 12-month period.
• On and after Jan. 1, 2026, the prescriber provides proof of a waiver from the Centers for Medicare & Medicaid Services for the Electronic Prescribing for Controlled Substances Program due to demonstrated economic hardship for the previous compliance year.
• Prescribers are exempt if there is a temporary technological or electrical failure that prevents an electronic prescription from being issued.
• Prescribers are exempt if the prescription is issued when the prescriber and dispenser are the same entity.
• Prescribers are exempt if the prescription is issued for a compound prescription containing two or more compounds.
• Prescribers are exempt if the prescription is a non-patient specific prescription dispensed under a standing order under specified circumstances.
• Finally, prescribers are also exempt if a prescription is written for an individual residing in specified long-term care or government-owned facilities.