Full Text of HB4891 103rd General Assembly
HB4891eng 103RD GENERAL ASSEMBLY | | | HB4891 Engrossed | | LRB103 36635 RTM 66744 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Dental Practice Act is amended by | 5 | | adding Section 45.5 as follows: | 6 | | (225 ILCS 25/45.5 new) | 7 | | Sec. 45.5. Third-party financing for dental services. | 8 | | (a) As used in this Section: | 9 | | "Arrange for, broker, or establish" means submitting an | 10 | | application to a third-party creditor, lender, or creditor's | 11 | | intermediary for approval or rejection on behalf of a patient. | 12 | | Submitting an application to a third-party creditor, lender, | 13 | | or creditor's intermediary for approval or rejection includes | 14 | | patient or a patient's guardian's use of a third-party | 15 | | creditor's, lender's, or a creditor's intermediary's | 16 | | patient-facing software, weblink, URL, or QR code that is | 17 | | customized for with the branding of the dental practice. | 18 | | "Arrange for, broker, or establish" does not mean the use of | 19 | | third-party marketing or advertising materials that are not | 20 | | customized for the dental practice. | 21 | | "Financing extended by a third party" includes, but is not | 22 | | limited to, an open end credit plan as defined under the | 23 | | federal Truth-in-Lending Act (15 U.S.C. 1602), a line of |
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| 1 | | credit, or a loan offered or extended by a third party. | 2 | | (b) A dentist, employee of a dentist, or agent of a dentist | 3 | | may not arrange for, broker, or establish financing extended | 4 | | by a third party for a patient. | 5 | | (c) A dentist, employee of a dentist, or agent of a dentist | 6 | | may not complete for a patient or patient's guardian any | 7 | | portion of an application for financing extended by a third | 8 | | party. A dentist, employee of a dentist, or agent of a dentist | 9 | | may not provide the patient or patient's guardian with an | 10 | | electronic device to apply for financing extended by a third | 11 | | party. | 12 | | (d) A dentist, employee of a dentist, or agent of a dentist | 13 | | may not promote, advertise, or provide marketing or | 14 | | application materials for financing extended by a third party | 15 | | to a patient who: | 16 | | (1) has been administered or is under the influence of | 17 | | general anesthesia, conscious sedation, moderate sedation, | 18 | | nitrous oxide; | 19 | | (2) is being administered treatment; or | 20 | | (3) is in a treatment area, including, but not limited | 21 | | to, an exam room, surgical room, or other area when | 22 | | medical treatment is administered, unless an area | 23 | | separated from the treatment area does not exist. | 24 | | (e) A dentist, employee of a dentist, or agent of a dentist | 25 | | must provide the following written notice to a patient or | 26 | | patient's guardian in at least 14-point font when discussing |
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| 1 | | (except to state accepted forms of payment) or providing | 2 | | applications for financing extended by a third party: | 3 | | "DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE | 4 | | This is an application for a CREDIT CARD, LINE OF CREDIT, | 5 | | OR LOAN to help you finance or pay for your dental treatment. | 6 | | This credit card, line of credit, or loan IS NOT A PAYMENT PLAN | 7 | | WITH THE DENTIST'S OFFICE. It is a credit card, line of credit, | 8 | | or loan from a third-party financing company. Your dentist | 9 | | does not work for this company. Your dentist may not complete | 10 | | or submit an application for third-party financing on your | 11 | | behalf. | 12 | | You do not have to apply for a credit card, line of credit, | 13 | | or loan. You may pay your dentist for treatment in another | 14 | | manner. Your dentist's office may offer its own payment plan. | 15 | | You are encouraged to explore any public or private insurance | 16 | | options that may cover your dental treatment. | 17 | | The lender or creditor may offer a "promotional period" to | 18 | | pay back the credit or loan without interest. After any | 19 | | promotional period ends, you may be charged interest on | 20 | | portions of the balance that have already been paid. If you | 21 | | miss a payment or do not pay on time, you may have to pay a | 22 | | penalty and a higher interest rate. If you do not pay the money | 23 | | that you owe the creditor or lender, then your missed payments | 24 | | can appear on your credit report and could hurt your credit | 25 | | score. You could also be sued by the creditor or lender. | 26 | | If your dentist's office has completed or submitted an |
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| 1 | | application for third-party financing on your behalf, you may | 2 | | file a complaint by contacting the Illinois Department of | 3 | | Financial and Professional Regulation at [Department website] | 4 | | or by calling [telephone number for Department]." | 5 | | The Department shall make the disclosure required under | 6 | | this subsection available on the Department's website in | 7 | | English and any other languages deemed necessary by the | 8 | | Department. | 9 | | (f) The Department may adopt rules to implement this | 10 | | Section. | 11 | | (g) A violation of this Section is punishable by a fine of | 12 | | up to $500 for the first violation and a fine of up to $1,000 | 13 | | for each subsequent violation. However, the Department may | 14 | | take other disciplinary action if the licensee's conduct also | 15 | | violates Section 23. | 16 | | Section 99. Effective date. This Act takes effect January | 17 | | 1, 2025. |
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