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Public Act 103-0733 Public Act 0733 103RD GENERAL ASSEMBLY | Public Act 103-0733 | HB4891 Enrolled | LRB103 36635 RTM 66744 b |
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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. |
Effective Date: 1/1/2025
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