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| | 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.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Dental Practice Act is amended by |
5 | | changing Section 45 as follows:
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6 | | (225 ILCS 25/45) (from Ch. 111, par. 2345)
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7 | | (Section scheduled to be repealed on January 1, 2026)
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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
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13 | | advertisements which would detract from the fair and rational |
14 | | selection
process.
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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:
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19 | | (a) The dental services available;
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20 | | (b) Publication of the dentist's name, title, office |
21 | | hours, address
and telephone;
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22 | | (c) Information pertaining to his or her area of |
23 | | specialization, including
appropriate board certification |
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| | HB0690 | - 2 - | LRB102 11795 SPS 17130 b |
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1 | | or limitation of professional practice;
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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;
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6 | | (e) Announcement of the opening of, change of, absence |
7 | | from, or return
to business;
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8 | | (f) Announcement of additions to or deletions from |
9 | | professional
dental staff;
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10 | | (g) The issuance of business or appointment cards;
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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
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16 | | availability of endodontics, pediatric dentistry,
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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
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22 | | dentist does not hold a license in that specialty.
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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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| | HB0690 | - 3 - | LRB102 11795 SPS 17130 b |
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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:
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9 | | (1) Use claims of superior quality of care to
entice |
10 | | the public.
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11 | | (2) Advertise in any way to practice dentistry without |
12 | | causing pain.
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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
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17 | | referral service.
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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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| | HB0690 | - 4 - | LRB102 11795 SPS 17130 b |
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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.
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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.
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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.
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16 | | The Department shall adopt rules to carry out the intent |
17 | | of this Section.
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18 | | (Source: P.A. 99-329, eff. 1-1-16 .)
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