Full Text of HB0690 102nd General Assembly
HB0690 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0690 Introduced 2/8/2021, by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: |
| 225 ILCS 25/45 | from Ch. 111, par. 2345 |
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Amends the Illinois Dental Practice Act. Makes a technical change in a Section concerning advertising.
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| | A BILL FOR |
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| | | HB0690 | | LRB102 11795 SPS 17130 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 | | changing Section 45 as follows:
| 6 | | (225 ILCS 25/45) (from Ch. 111, par. 2345)
| 7 | | (Section scheduled to be repealed on January 1, 2026)
| 8 | | Sec. 45. Advertising. The The purpose of this Section is | 9 | | to authorize and
regulate the advertisement by dentists of | 10 | | information which is intended to
provide the public with a | 11 | | sufficient basis upon which to make an informed
selection of | 12 | | dentists while protecting the public from false or misleading
| 13 | | advertisements which would detract from the fair and rational | 14 | | selection
process.
| 15 | | Any dentist may advertise the availability of dental | 16 | | services in the
public media or on the premises where such | 17 | | dental services are rendered.
Such advertising shall be | 18 | | limited to the following information:
| 19 | | (a) The dental services available;
| 20 | | (b) Publication of the dentist's name, title, office | 21 | | hours, address
and telephone;
| 22 | | (c) Information pertaining to his or her area of | 23 | | specialization, including
appropriate board certification |
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| 1 | | or limitation of professional practice;
| 2 | | (d) Information on usual and customary fees for | 3 | | routine dental services
offered, which information shall | 4 | | include notification that fees may be
adjusted due to | 5 | | complications or unforeseen circumstances;
| 6 | | (e) Announcement of the opening of, change of, absence | 7 | | from, or return
to business;
| 8 | | (f) Announcement of additions to or deletions from | 9 | | professional
dental staff;
| 10 | | (g) The issuance of business or appointment cards;
| 11 | | (h) Other information about the dentist, dentist's | 12 | | practice or the types
of dental services which the dentist | 13 | | offers to perform which a reasonable
person might regard | 14 | | as relevant in determining whether to seek the
dentist's | 15 | | services. However, any advertisement which announces the
| 16 | | availability of endodontics, pediatric dentistry,
| 17 | | periodontics, prosthodontics, orthodontics and | 18 | | dentofacial orthopedics,
oral and maxillofacial
surgery, | 19 | | or oral and maxillofacial radiology by a general dentist | 20 | | or by a
licensed specialist who is not
licensed in that | 21 | | specialty shall include a disclaimer stating that the
| 22 | | dentist does not hold a license in that specialty.
| 23 | | Any dental practice with more than one location that | 24 | | enrolls its dentist as a participating provider in a managed | 25 | | care plan's network must verify electronically or in writing | 26 | | to the managed care plan whether the provider is accepting new |
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| 1 | | patients at each of the specific locations listing the | 2 | | provider. The health plan shall remove the provider from the | 3 | | directory in accordance with standard practices within 10 | 4 | | business days after being notified of the changes by the | 5 | | provider. Nothing in this paragraph shall void any contractual | 6 | | relationship between the provider and the plan. | 7 | | It is unlawful for any dentist licensed under this Act to | 8 | | do any of the following:
| 9 | | (1) Use claims of superior quality of care to
entice | 10 | | the public.
| 11 | | (2) Advertise in any way to practice dentistry without | 12 | | causing pain.
| 13 | | (3) Pay a fee to any dental referral service or other | 14 | | third party who
advertises a dental referral service, | 15 | | unless all advertising of the dental
referral service | 16 | | makes it clear that dentists are paying a fee for that
| 17 | | referral service.
| 18 | | (4) Advertise or offer gifts as an inducement to | 19 | | secure
dental
patronage.
Dentists may advertise or offer | 20 | | free examinations or free dental services;
it shall be | 21 | | unlawful, however, for any dentist to charge a fee to any | 22 | | new
patient for any dental service provided at the time | 23 | | that such free
examination or free dental services are | 24 | | provided. | 25 | | (5) Use the term "sedation dentistry" or similar terms | 26 | | in advertising unless the advertising dentist holds a |
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| 1 | | valid and current permit issued by the Department to | 2 | | administer either general anesthesia, deep sedation, or | 3 | | conscious sedation as required under Section 8.1 of this | 4 | | Act.
| 5 | | This Act does not authorize the advertising of dental | 6 | | services when the
offeror of such services is not a dentist. | 7 | | Nor shall the dentist use
statements which contain false, | 8 | | fraudulent, deceptive or misleading
material or guarantees of | 9 | | success, statements which play upon the vanity or
fears of the | 10 | | public, or statements which promote or produce unfair | 11 | | competition.
| 12 | | A dentist shall be required to keep a copy of all | 13 | | advertisements for a
period of 3 years. All advertisements in | 14 | | the dentist's possession shall
indicate the accurate date and | 15 | | place of publication.
| 16 | | The Department shall adopt rules to carry out the intent | 17 | | of this Section.
| 18 | | (Source: P.A. 99-329, eff. 1-1-16 .)
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