Bill Text: IL HB4891 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Dental Practice Act. Provides that a dentist, employee of a dentist, or agent of a dentist may not arrange for, broker, or establish financing extended by a third party for a patient. Provides that a dentist, employee of a dentist, or agent of a dentist may not complete for a patient or patient's guardian any portion of an application for financing extended by a third party. Provides that a dentist, employee of a dentist, or agent of a dentist may not provide the patient or patient's guardian with an electronic device to apply for financing extended by a third party. Provides that a dentist, employee of a dentist, or agent of a dentist may not promote, advertise, or provide marketing or application materials for financing extended by a third party to a patient who (1) has been administered or is under the influence of general anesthesia, conscious sedation, moderate sedation, nitrous oxide; (2) is being administered treatment; or (3) is in a treatment area, including, but not limited to, an exam room, surgical room, or other area when medical treatment is administered, unless an area separated from the treatment area does not exist. Provides that a dentist, employee of a dentist, or agent of a dentist must provide a specific written notice to a patient or patient's guardian when discussing or providing applications for financing extended by a third party. Provides that a violation of the provisions is punishable by a fine of up to $500 for the first violation and a fine of up to $1,000 for each subsequent violation. Provides that the Department of Financial and Professional Regulation may take other disciplinary action if the licensee's conduct also violates other provisions of the Act. Defines terms. Effective January 1, 2025.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed) 2024-05-09 - Placed on Calendar Order of 3rd Reading [HB4891 Detail]

Download: Illinois-2023-HB4891-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Dental Practice Act is amended by
adding Section 45.5 as follows:
(225 ILCS 25/45.5 new)
Sec. 45.5. Third-party financing for dental services.
(a) As used in this Section:
"Arrange for, broker, or establish" means submitting an
application to a third-party creditor, lender, or creditor's
intermediary for approval or rejection on behalf of a patient.
Submitting an application to a third-party creditor, lender,
or creditor's intermediary for approval or rejection includes
patient or a patient's guardian's use of a third-party
creditor's, lender's, or a creditor's intermediary's
patient-facing software, weblink, URL, or QR code that is
customized for with the branding of the dental practice.
"Arrange for, broker, or establish" does not mean the use of
third-party marketing or advertising materials that are not
customized for the dental practice.
"Financing extended by a third party" includes, but is not
limited to, an open end credit plan as defined under the
federal Truth-in-Lending Act (15 U.S.C. 1602), a line of

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credit, or a loan offered or extended by a third party.
(b) A dentist, employee of a dentist, or agent of a dentist
may not arrange for, broker, or establish financing extended
by a third party for a patient.
(c) A dentist, employee of a dentist, or agent of a dentist
may not complete for a patient or patient's guardian any
portion of an application for financing extended by a third
party. A dentist, employee of a dentist, or agent of a dentist
may not provide the patient or patient's guardian with an
electronic device to apply for financing extended by a third
party.
(d) A dentist, employee of a dentist, or agent of a dentist
may not promote, advertise, or provide marketing or
application materials for financing extended by a third party
to a patient who:
(1) has been administered or is under the influence of
general anesthesia, conscious sedation, moderate sedation,
nitrous oxide;
(2) is being administered treatment; or
(3) is in a treatment area, including, but not limited
to, an exam room, surgical room, or other area when
medical treatment is administered, unless an area
separated from the treatment area does not exist.
(e) A dentist, employee of a dentist, or agent of a dentist
must provide the following written notice to a patient or
patient's guardian in at least 14-point font when discussing

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(except to state accepted forms of payment) or providing
applications for financing extended by a third party:
"DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE
This is an application for a CREDIT CARD, LINE OF CREDIT,
OR LOAN to help you finance or pay for your dental treatment.
This credit card, line of credit, or loan IS NOT A PAYMENT PLAN
WITH THE DENTIST'S OFFICE. It is a credit card, line of credit,
or loan from a third-party financing company. Your dentist
does not work for this company. Your dentist may not complete
or submit an application for third-party financing on your
behalf.
You do not have to apply for a credit card, line of credit,
or loan. You may pay your dentist for treatment in another
manner. Your dentist's office may offer its own payment plan.
You are encouraged to explore any public or private insurance
options that may cover your dental treatment.
The lender or creditor may offer a "promotional period" to
pay back the credit or loan without interest. After any
promotional period ends, you may be charged interest on
portions of the balance that have already been paid. If you
miss a payment or do not pay on time, you may have to pay a
penalty and a higher interest rate. If you do not pay the money
that you owe the creditor or lender, then your missed payments
can appear on your credit report and could hurt your credit
score. You could also be sued by the creditor or lender.
If your dentist's office has completed or submitted an

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application for third-party financing on your behalf, you may
file a complaint by contacting the Illinois Department of
Financial and Professional Regulation at [Department website]
or by calling [telephone number for Department]."
The Department shall make the disclosure required under
this subsection available on the Department's website in
English and any other languages deemed necessary by the
Department.
(f) The Department may adopt rules to implement this
Section.
(g) A violation of this Section is punishable by a fine of
up to $500 for the first violation and a fine of up to $1,000
for each subsequent violation. However, the Department may
take other disciplinary action if the licensee's conduct also
violates Section 23.