Illinois General Assembly - Full Text of HB4891
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Full Text of HB4891  103rd General Assembly



HB4891 EngrossedLRB103 36635 RTM 66744 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
5adding Section 45.5 as follows:
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
10application to a third-party creditor, lender, or creditor's
11intermediary for approval or rejection on behalf of a patient.
12Submitting an application to a third-party creditor, lender,
13or creditor's intermediary for approval or rejection includes
14patient or a patient's guardian's use of a third-party
15creditor's, lender's, or a creditor's intermediary's
16patient-facing software, weblink, URL, or QR code that is
17customized for with the branding of the dental practice.
18"Arrange for, broker, or establish" does not mean the use of
19third-party marketing or advertising materials that are not
20customized for the dental practice.
21    "Financing extended by a third party" includes, but is not
22limited to, an open end credit plan as defined under the
23federal Truth-in-Lending Act (15 U.S.C. 1602), a line of



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1credit, or a loan offered or extended by a third party.
2    (b) A dentist, employee of a dentist, or agent of a dentist
3may not arrange for, broker, or establish financing extended
4by a third party for a patient.
5    (c) A dentist, employee of a dentist, or agent of a dentist
6may not complete for a patient or patient's guardian any
7portion of an application for financing extended by a third
8party. A dentist, employee of a dentist, or agent of a dentist
9may not provide the patient or patient's guardian with an
10electronic device to apply for financing extended by a third
12    (d) A dentist, employee of a dentist, or agent of a dentist
13may not promote, advertise, or provide marketing or
14application materials for financing extended by a third party
15to a patient who:
16        (1) has been administered or is under the influence of
17    general anesthesia, conscious sedation, moderate sedation,
18    nitrous oxide;
19        (2) is being administered treatment; or
20        (3) is in a treatment area, including, but not limited
21    to, an exam room, surgical room, or other area when
22    medical treatment is administered, unless an area
23    separated from the treatment area does not exist.
24    (e) A dentist, employee of a dentist, or agent of a dentist
25must provide the following written notice to a patient or
26patient's guardian in at least 14-point font when discussing



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1(except to state accepted forms of payment) or providing
2applications for financing extended by a third party:
4    This is an application for a CREDIT CARD, LINE OF CREDIT,
5OR LOAN to help you finance or pay for your dental treatment.
6This credit card, line of credit, or loan IS NOT A PAYMENT PLAN
7WITH THE DENTIST'S OFFICE. It is a credit card, line of credit,
8or loan from a third-party financing company. Your dentist
9does not work for this company. Your dentist may not complete
10or submit an application for third-party financing on your
12    You do not have to apply for a credit card, line of credit,
13or loan. You may pay your dentist for treatment in another
14manner. Your dentist's office may offer its own payment plan.
15You are encouraged to explore any public or private insurance
16options that may cover your dental treatment.
17    The lender or creditor may offer a "promotional period" to
18pay back the credit or loan without interest. After any
19promotional period ends, you may be charged interest on
20portions of the balance that have already been paid. If you
21miss a payment or do not pay on time, you may have to pay a
22penalty and a higher interest rate. If you do not pay the money
23that you owe the creditor or lender, then your missed payments
24can appear on your credit report and could hurt your credit
25score. You could also be sued by the creditor or lender.
26    If your dentist's office has completed or submitted an



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1application for third-party financing on your behalf, you may
2file a complaint by contacting the Illinois Department of
3Financial and Professional Regulation at [Department website]
4or by calling [telephone number for Department]."
5    The Department shall make the disclosure required under
6this subsection available on the Department's website in
7English and any other languages deemed necessary by the
9    (f) The Department may adopt rules to implement this
11    (g) A violation of this Section is punishable by a fine of
12up to $500 for the first violation and a fine of up to $1,000
13for each subsequent violation. However, the Department may
14take other disciplinary action if the licensee's conduct also
15violates Section 23.
16    Section 99. Effective date. This Act takes effect January
171, 2025.