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Public Act 103-0733
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| HB4891 Enrolled | LRB103 36635 RTM 66744 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by |
adding Section 45.5 as follows:
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(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.
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Section 99. Effective date. This Act takes effect January |
1, 2025. |