Illinois 2023-2024 Regular Session

Illinois House Bill HB4891 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0733
2	1		HB4891 EnrolledLRB103 36635 RTM 66744 b HB4891 Enrolled LRB103 36635 RTM 66744 b
3	2		HB4891 Enrolled LRB103 36635 RTM 66744 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Dental Practice Act is amended by
8		-	adding Section 45.5 as follows:
9		-	(225 ILCS 25/45.5 new)
10		-	Sec. 45.5. Third-party financing for dental services.
11		-	(a) As used in this Section:
12		-	"Arrange for, broker, or establish" means submitting an
13		-	application to a third-party creditor, lender, or creditor's
14		-	intermediary for approval or rejection on behalf of a patient.
15		-	Submitting an application to a third-party creditor, lender,
16		-	or creditor's intermediary for approval or rejection includes
17		-	patient or a patient's guardian's use of a third-party
18		-	creditor's, lender's, or a creditor's intermediary's
19		-	patient-facing software, weblink, URL, or QR code that is
20		-	customized for with the branding of the dental practice.
21		-	"Arrange for, broker, or establish" does not mean the use of
22		-	third-party marketing or advertising materials that are not
23		-	customized for the dental practice.
24		-	"Financing extended by a third party" includes, but is not
25		-	limited to, an open end credit plan as defined under the
26		-	federal Truth-in-Lending Act (15 U.S.C. 1602), a line of
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Dental Practice Act is amended by
	7	+	5 adding Section 45.5 as follows:
	8	+	6 (225 ILCS 25/45.5 new)
	9	+	7 Sec. 45.5. Third-party financing for dental services.
	10	+	8 (a) As used in this Section:
	11	+	9 "Arrange for, broker, or establish" means submitting an
	12	+	10 application to a third-party creditor, lender, or creditor's
	13	+	11 intermediary for approval or rejection on behalf of a patient.
	14	+	12 Submitting an application to a third-party creditor, lender,
	15	+	13 or creditor's intermediary for approval or rejection includes
	16	+	14 patient or a patient's guardian's use of a third-party
	17	+	15 creditor's, lender's, or a creditor's intermediary's
	18	+	16 patient-facing software, weblink, URL, or QR code that is
	19	+	17 customized for with the branding of the dental practice.
	20	+	18 "Arrange for, broker, or establish" does not mean the use of
	21	+	19 third-party marketing or advertising materials that are not
	22	+	20 customized for the dental practice.
	23	+	21 "Financing extended by a third party" includes, but is not
	24	+	22 limited to, an open end credit plan as defined under the
	25	+	23 federal Truth-in-Lending Act (15 U.S.C. 1602), a line of
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28	27
29	28
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33		-	credit, or a loan offered or extended by a third party.
34		-	(b) A dentist, employee of a dentist, or agent of a dentist
35		-	may not arrange for, broker, or establish financing extended
36		-	by a third party for a patient.
37		-	(c) A dentist, employee of a dentist, or agent of a dentist
38		-	may not complete for a patient or patient's guardian any
39		-	portion of an application for financing extended by a third
40		-	party. A dentist, employee of a dentist, or agent of a dentist
41		-	may not provide the patient or patient's guardian with an
42		-	electronic device to apply for financing extended by a third
43		-	party.
44		-	(d) A dentist, employee of a dentist, or agent of a dentist
45		-	may not promote, advertise, or provide marketing or
46		-	application materials for financing extended by a third party
47		-	to a patient who:
48		-	(1) has been administered or is under the influence of
49		-	general anesthesia, conscious sedation, moderate sedation,
50		-	nitrous oxide;
51		-	(2) is being administered treatment; or
52		-	(3) is in a treatment area, including, but not limited
53		-	to, an exam room, surgical room, or other area when
54		-	medical treatment is administered, unless an area
55		-	separated from the treatment area does not exist.
56		-	(e) A dentist, employee of a dentist, or agent of a dentist
57		-	must provide the following written notice to a patient or
58		-	patient's guardian in at least 14-point font when discussing
	32	+	HB4891 Enrolled- 2 -LRB103 36635 RTM 66744 b HB4891 Enrolled - 2 - LRB103 36635 RTM 66744 b
	33	+	HB4891 Enrolled - 2 - LRB103 36635 RTM 66744 b
	34	+	1 credit, or a loan offered or extended by a third party.
	35	+	2 (b) A dentist, employee of a dentist, or agent of a dentist
	36	+	3 may not arrange for, broker, or establish financing extended
	37	+	4 by a third party for a patient.
	38	+	5 (c) A dentist, employee of a dentist, or agent of a dentist
	39	+	6 may not complete for a patient or patient's guardian any
	40	+	7 portion of an application for financing extended by a third
	41	+	8 party. A dentist, employee of a dentist, or agent of a dentist
	42	+	9 may not provide the patient or patient's guardian with an
	43	+	10 electronic device to apply for financing extended by a third
	44	+	11 party.
	45	+	12 (d) A dentist, employee of a dentist, or agent of a dentist
	46	+	13 may not promote, advertise, or provide marketing or
	47	+	14 application materials for financing extended by a third party
	48	+	15 to a patient who:
	49	+	16 (1) has been administered or is under the influence of
	50	+	17 general anesthesia, conscious sedation, moderate sedation,
	51	+	18 nitrous oxide;
	52	+	19 (2) is being administered treatment; or
	53	+	20 (3) is in a treatment area, including, but not limited
	54	+	21 to, an exam room, surgical room, or other area when
	55	+	22 medical treatment is administered, unless an area
	56	+	23 separated from the treatment area does not exist.
	57	+	24 (e) A dentist, employee of a dentist, or agent of a dentist
	58	+	25 must provide the following written notice to a patient or
	59	+	26 patient's guardian in at least 14-point font when discussing
59	60
60	61
61		-	(except to state accepted forms of payment) or providing
62		-	applications for financing extended by a third party:
63		-	"DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE
64		-	This is an application for a CREDIT CARD, LINE OF CREDIT,
65		-	OR LOAN to help you finance or pay for your dental treatment.
66		-	This credit card, line of credit, or loan IS NOT A PAYMENT PLAN
67		-	WITH THE DENTIST'S OFFICE. It is a credit card, line of credit,
68		-	or loan from a third-party financing company. Your dentist
69		-	does not work for this company. Your dentist may not complete
70		-	or submit an application for third-party financing on your
71		-	behalf.
72		-	You do not have to apply for a credit card, line of credit,
73		-	or loan. You may pay your dentist for treatment in another
74		-	manner. Your dentist's office may offer its own payment plan.
75		-	You are encouraged to explore any public or private insurance
76		-	options that may cover your dental treatment.
77		-	The lender or creditor may offer a "promotional period" to
78		-	pay back the credit or loan without interest. After any
79		-	promotional period ends, you may be charged interest on
80		-	portions of the balance that have already been paid. If you
81		-	miss a payment or do not pay on time, you may have to pay a
82		-	penalty and a higher interest rate. If you do not pay the money
83		-	that you owe the creditor or lender, then your missed payments
84		-	can appear on your credit report and could hurt your credit
85		-	score. You could also be sued by the creditor or lender.
86		-	If your dentist's office has completed or submitted an
87	62
88	63
89		-	application for third-party financing on your behalf, you may
90		-	file a complaint by contacting the Illinois Department of
91		-	Financial and Professional Regulation at [Department website]
92		-	or by calling [telephone number for Department]."
93		-	The Department shall make the disclosure required under
94		-	this subsection available on the Department's website in
95		-	English and any other languages deemed necessary by the
96		-	Department.
97		-	(f) The Department may adopt rules to implement this
98		-	Section.
99		-	(g) A violation of this Section is punishable by a fine of
100		-	up to $500 for the first violation and a fine of up to $1,000
101		-	for each subsequent violation. However, the Department may
102		-	take other disciplinary action if the licensee's conduct also
103		-	violates Section 23.
	64	+
	65	+	HB4891 Enrolled - 2 - LRB103 36635 RTM 66744 b
	66	+
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	68	+	HB4891 Enrolled- 3 -LRB103 36635 RTM 66744 b HB4891 Enrolled - 3 - LRB103 36635 RTM 66744 b
	69	+	HB4891 Enrolled - 3 - LRB103 36635 RTM 66744 b
	70	+	1 (except to state accepted forms of payment) or providing
	71	+	2 applications for financing extended by a third party:
	72	+	3 "DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE
	73	+	4 This is an application for a CREDIT CARD, LINE OF CREDIT,
	74	+	5 OR LOAN to help you finance or pay for your dental treatment.
	75	+	6 This credit card, line of credit, or loan IS NOT A PAYMENT PLAN
	76	+	7 WITH THE DENTIST'S OFFICE. It is a credit card, line of credit,
	77	+	8 or loan from a third-party financing company. Your dentist
	78	+	9 does not work for this company. Your dentist may not complete
	79	+	10 or submit an application for third-party financing on your
	80	+	11 behalf.
	81	+	12 You do not have to apply for a credit card, line of credit,
	82	+	13 or loan. You may pay your dentist for treatment in another
	83	+	14 manner. Your dentist's office may offer its own payment plan.
	84	+	15 You are encouraged to explore any public or private insurance
	85	+	16 options that may cover your dental treatment.
	86	+	17 The lender or creditor may offer a "promotional period" to
	87	+	18 pay back the credit or loan without interest. After any
	88	+	19 promotional period ends, you may be charged interest on
	89	+	20 portions of the balance that have already been paid. If you
	90	+	21 miss a payment or do not pay on time, you may have to pay a
	91	+	22 penalty and a higher interest rate. If you do not pay the money
	92	+	23 that you owe the creditor or lender, then your missed payments
	93	+	24 can appear on your credit report and could hurt your credit
	94	+	25 score. You could also be sued by the creditor or lender.
	95	+	26 If your dentist's office has completed or submitted an
	96	+
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	99	+
	100	+
	101	+	HB4891 Enrolled - 3 - LRB103 36635 RTM 66744 b
	102	+
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	104	+	HB4891 Enrolled- 4 -LRB103 36635 RTM 66744 b HB4891 Enrolled - 4 - LRB103 36635 RTM 66744 b
	105	+	HB4891 Enrolled - 4 - LRB103 36635 RTM 66744 b
	106	+	1 application for third-party financing on your behalf, you may
	107	+	2 file a complaint by contacting the Illinois Department of
	108	+	3 Financial and Professional Regulation at [Department website]
	109	+	4 or by calling [telephone number for Department]."
	110	+	5 The Department shall make the disclosure required under
	111	+	6 this subsection available on the Department's website in
	112	+	7 English and any other languages deemed necessary by the
	113	+	8 Department.
	114	+	9 (f) The Department may adopt rules to implement this
	115	+	10 Section.
	116	+	11 (g) A violation of this Section is punishable by a fine of
	117	+	12 up to $500 for the first violation and a fine of up to $1,000
	118	+	13 for each subsequent violation. However, the Department may
	119	+	14 take other disciplinary action if the licensee's conduct also
	120	+	15 violates Section 23.
	121	+
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	126	+	HB4891 Enrolled - 4 - LRB103 36635 RTM 66744 b