Illinois Teledentistry Law Requires In-Person Exams Before Irreversible Procedures

Edited by Dentaltown staff

Illinois has enacted a law that requires an in-person clinical examination immediately before a dentist provides or authorizes any treatment that is not reversible or that otherwise carries increased risk to the patient. Gov. JB Pritzker’s approval of Senate Bill 3211 as Public Act 104-0845 was recorded Aug. 21. The law takes effect Jan. 1, 2027.

The act amends the definitions section and the teledentistry section of the Illinois Dental Practice Act. Under the revised provisions, an initial examination for a new patient may be conducted through teledentistry only 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 identity and physical location, confirming that care is being delivered within the state.

Four categories of care are carved out of that allowance. Initial examinations for orthodontia, sleep apnea treatment, snoring treatment, and the functional and cosmetic replacement or treatment of teeth must be performed in person.

For continuing patients, the law directs dentists to have them seen in person at least once a year. Any patient who receives teledentistry services must also be referred to an Illinois-licensed dentist for appropriate in-person care.

The act narrows what remote encounters can accomplish. An initial screening delivered by teledentistry may assess a patient’s suitability for treatment at a dental facility, or evaluate acute pain, infection, injury, or an intraoral or perioral condition causing immediate harm or discomfort that cannot wait.

Consent requirements tightened as well. Before providing teledentistry services, a dentist must obtain informed consent on a form that explains the alternatives to and the limitations of teledentistry and states plainly that a remote interaction is not equivalent to an in-person clinical examination. Dentists and hygienists delivering teledentistry must give patients their names, direct telephone numbers, and physical practice addresses. The act also makes it a violation to require a patient to sign any agreement limiting their ability to post a review or file a complaint with a regulator.

Sen. Michael E. Hastings was the lead Senate sponsor, joined by 22 co-sponsors. Rep. Robert “Bob” Rita led the measure in the House with Reps. Jay Hoffman, Natalie A. Manley, and Barbara Hernandez.

The Illinois Department of Financial and Professional Regulation is directed to adopt implementing rules, including minimum technology standards for teledentistry.

Sources:
Illinois General Assembly, Public Act 104-0845, full text: ilga.gov/Legislation/PublicActs/View/104-0845
Illinois General Assembly, SB 3211 bill status and sponsor history, 104th General Assembly: ilga.gov/Legislation/BillStatus/SB3211