State of Illinois
2021 and 2022


Introduced 2/8/2021, by Rep. Lakesia Collins


225 ILCS 25/45  from Ch. 111, par. 2345

    Amends the Illinois Dental Practice Act. Makes a technical change in a Section concerning advertising.

LRB102 11795 SPS 17130 b





HB0690LRB102 11795 SPS 17130 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Dental Practice Act is amended by
5changing 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7    (Section scheduled to be repealed on January 1, 2026)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
9to authorize and regulate the advertisement by dentists of
10information which is intended to provide the public with a
11sufficient basis upon which to make an informed selection of
12dentists while protecting the public from false or misleading
13advertisements which would detract from the fair and rational
14selection process.
15    Any dentist may advertise the availability of dental
16services in the public media or on the premises where such
17dental services are rendered. Such advertising shall be
18limited 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
24enrolls its dentist as a participating provider in a managed
25care plan's network must verify electronically or in writing
26to the managed care plan whether the provider is accepting new



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1patients at each of the specific locations listing the
2provider. The health plan shall remove the provider from the
3directory in accordance with standard practices within 10
4business days after being notified of the changes by the
5provider. Nothing in this paragraph shall void any contractual
6relationship between the provider and the plan.
7    It is unlawful for any dentist licensed under this Act to
8do 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
6services when the offeror of such services is not a dentist.
7Nor shall the dentist use statements which contain false,
8fraudulent, deceptive or misleading material or guarantees of
9success, statements which play upon the vanity or fears of the
10public, or statements which promote or produce unfair
12    A dentist shall be required to keep a copy of all
13advertisements for a period of 3 years. All advertisements in
14the dentist's possession shall indicate the accurate date and
15place of publication.
16    The Department shall adopt rules to carry out the intent
17of this Section.
18(Source: P.A. 99-329, eff. 1-1-16.)