Bill Amendment: IL HB4891 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DENTAL THIRD-PARTY FINANCING
Status: 2024-08-02 - Public Act . . . . . . . . . 103-0733 [HB4891 Detail]
Download: Illinois-2023-HB4891-House_Amendment_001.html
Bill Title: DENTAL THIRD-PARTY FINANCING
Status: 2024-08-02 - Public Act . . . . . . . . . 103-0733 [HB4891 Detail]
Download: Illinois-2023-HB4891-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4891 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4891 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Dental Practice Act is amended by | ||||||
5 | adding Section 45.5 as follows:
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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 |
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1 | customized for with the branding of the dental practice. | ||||||
2 | "Arrange for, broker, or establish" does not mean the use of | ||||||
3 | third-party marketing or advertising materials that are not | ||||||
4 | customized for the dental practice. | ||||||
5 | "Financing extended by a third party" includes, but is not | ||||||
6 | limited to, an open end credit plan as defined under the | ||||||
7 | federal Truth-in-Lending Act (15 U.S.C. 1602), a line of | ||||||
8 | credit, or a loan offered or extended by a third party. | ||||||
9 | (b) A dentist, employee of a dentist, or agent of a dentist | ||||||
10 | may not arrange for, broker, or establish financing extended | ||||||
11 | by a third party for a patient. | ||||||
12 | (c) A dentist, employee of a dentist, or agent of a dentist | ||||||
13 | may not complete for a patient or patient's guardian any | ||||||
14 | portion of an application for financing extended by a third | ||||||
15 | party. A dentist, employee of a dentist, or agent of a dentist | ||||||
16 | may not provide the patient or patient's guardian with an | ||||||
17 | electronic device to apply for financing extended by a third | ||||||
18 | party. | ||||||
19 | (d) A dentist, employee of a dentist, or agent of a dentist | ||||||
20 | may not promote, advertise, or provide marketing or | ||||||
21 | application materials for financing extended by a third party | ||||||
22 | to a patient who: | ||||||
23 | (1) has been administered or is under the influence of | ||||||
24 | general anesthesia, conscious sedation, moderate sedation, | ||||||
25 | nitrous oxide; | ||||||
26 | (2) is being administered treatment; or |
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1 | (3) is in a treatment area, including, but not limited | ||||||
2 | to, an exam room, surgical room, or other area when | ||||||
3 | medical treatment is administered, unless an area | ||||||
4 | separated from the treatment area does not exist. | ||||||
5 | (e) A dentist, employee of a dentist, or agent of a dentist | ||||||
6 | must provide the following written notice to a patient or | ||||||
7 | patient's guardian in at least 14-point font when discussing | ||||||
8 | (except to state accepted forms of payment) or providing | ||||||
9 | applications for financing extended by a third party: | ||||||
10 | "DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE | ||||||
11 | This is an application for a CREDIT CARD, LINE OF CREDIT, | ||||||
12 | OR LOAN to help you finance or pay for your dental treatment. | ||||||
13 | This credit card, line of credit, or loan IS NOT A PAYMENT PLAN | ||||||
14 | WITH THE DENTIST'S OFFICE. It is a credit card, line of credit, | ||||||
15 | or loan from a third-party financing company. Your dentist | ||||||
16 | does not work for this company. Your dentist may not complete | ||||||
17 | or submit an application for third-party financing on your | ||||||
18 | behalf. | ||||||
19 | You do not have to apply for a credit card, line of credit, | ||||||
20 | or loan. You may pay your dentist for treatment in another | ||||||
21 | manner. Your dentist's office may offer its own payment plan. | ||||||
22 | You are encouraged to explore any public or private insurance | ||||||
23 | options that may cover your dental treatment. | ||||||
24 | The lender or creditor may offer a "promotional period" to | ||||||
25 | pay back the credit or loan without interest. After any | ||||||
26 | promotional period ends, you may be charged interest on |
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1 | portions of the balance that have already been paid. If you | ||||||
2 | miss a payment or do not pay on time, you may have to pay a | ||||||
3 | penalty and a higher interest rate. If you do not pay the money | ||||||
4 | that you owe the creditor or lender, then your missed payments | ||||||
5 | can appear on your credit report and could hurt your credit | ||||||
6 | score. You could also be sued by the creditor or lender. | ||||||
7 | If your dentist's office has completed or submitted an | ||||||
8 | application for third-party financing on your behalf, you may | ||||||
9 | file a complaint by contacting the Illinois Department of | ||||||
10 | Financial and Professional Regulation at [Department website] | ||||||
11 | or by calling [telephone number for Department]." | ||||||
12 | The Department shall make the disclosure required under | ||||||
13 | this subsection available on the Department's website in | ||||||
14 | English and any other languages deemed necessary by the | ||||||
15 | Department. | ||||||
16 | (f) The Department may adopt rules to implement this | ||||||
17 | Section. | ||||||
18 | (g) A violation of this Section is punishable by a fine of | ||||||
19 | up to $500 for the first violation and a fine of up to $1,000 | ||||||
20 | for each subsequent violation. However, the Department may | ||||||
21 | take other disciplinary action if the licensee's conduct also | ||||||
22 | violates Section 23.
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