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| Public Act 103-0733 | ||||
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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 | ||||
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 | ||
(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 | ||
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. | ||
Section 99. Effective date. This Act takes effect January | ||
1, 2025. | ||