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


Rep. Margaret Croke

Filed: 4/16/2024





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2    AMENDMENT NO. ______. Amend House Bill 4891 by replacing
3everything after the enacting clause with the following:
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



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1customized for with the branding of the dental practice.
2"Arrange for, broker, or establish" does not mean the use of
3third-party marketing or advertising materials that are not
4customized for the dental practice.
5    "Financing extended by a third party" includes, but is not
6limited to, an open end credit plan as defined under the
7federal Truth-in-Lending Act (15 U.S.C. 1602), a line of
8credit, or a loan offered or extended by a third party.
9    (b) A dentist, employee of a dentist, or agent of a dentist
10may not arrange for, broker, or establish financing extended
11by a third party for a patient.
12    (c) A dentist, employee of a dentist, or agent of a dentist
13may not complete for a patient or patient's guardian any
14portion of an application for financing extended by a third
15party. A dentist, employee of a dentist, or agent of a dentist
16may not provide the patient or patient's guardian with an
17electronic device to apply for financing extended by a third
19    (d) A dentist, employee of a dentist, or agent of a dentist
20may not promote, advertise, or provide marketing or
21application materials for financing extended by a third party
22to 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
6must provide the following written notice to a patient or
7patient's guardian in at least 14-point font when discussing
8(except to state accepted forms of payment) or providing
9applications for financing extended by a third party:
11    This is an application for a CREDIT CARD, LINE OF CREDIT,
12OR LOAN to help you finance or pay for your dental treatment.
13This credit card, line of credit, or loan IS NOT A PAYMENT PLAN
14WITH THE DENTIST'S OFFICE. It is a credit card, line of credit,
15or loan from a third-party financing company. Your dentist
16does not work for this company. Your dentist may not complete
17or submit an application for third-party financing on your
19    You do not have to apply for a credit card, line of credit,
20or loan. You may pay your dentist for treatment in another
21manner. Your dentist's office may offer its own payment plan.
22You are encouraged to explore any public or private insurance
23options that may cover your dental treatment.
24    The lender or creditor may offer a "promotional period" to
25pay back the credit or loan without interest. After any
26promotional period ends, you may be charged interest on



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1portions of the balance that have already been paid. If you
2miss a payment or do not pay on time, you may have to pay a
3penalty and a higher interest rate. If you do not pay the money
4that you owe the creditor or lender, then your missed payments
5can appear on your credit report and could hurt your credit
6score. You could also be sued by the creditor or lender.
7    If your dentist's office has completed or submitted an
8application for third-party financing on your behalf, you may
9file a complaint by contacting the Illinois Department of
10Financial and Professional Regulation at [Department website]
11or by calling [telephone number for Department]."
12    The Department shall make the disclosure required under
13this subsection available on the Department's website in
14English and any other languages deemed necessary by the
16    (f) The Department may adopt rules to implement this
18    (g) A violation of this Section is punishable by a fine of
19up to $500 for the first violation and a fine of up to $1,000
20for each subsequent violation. However, the Department may
21take other disciplinary action if the licensee's conduct also
22violates Section 23.
23    Section 99. Effective date. This Act takes effect January
241, 2025.".