State of Illinois
91st General Assembly
Legislation

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91_HB1441eng

 
HB1441 Engrossed                              LRB9102554ACtmA

 1        AN ACT concerning advertising by regulated professionals,
 2    amending named Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Clinical Psychologist  Licensing  Act  is
 6    amended by adding Section 26.5 as follows:

 7        (225 ILCS 15/26.5 new)
 8        Sec.   26.5.  Advertising   services.  A  licensee  shall
 9    include in every advertisement for services  regulated  under
10    this Act his or her title as it appears on the license or the
11    initials authorized under this Act.

12        Section  10.  The  Clinical  Social  Work and Social Work
13    Practice Act is amended by changing Section 17 as follows:

14        (225 ILCS 20/17) (from Ch. 111, par. 6367)
15        Sec. 17.  Advertising.
16        (A)  Persons licensed under this Act  may  advertise  the
17    availability  of  their professional services as permitted by
18    law,  provided  that  such  advertising  is  true   and   not
19    misleading.   Representing   that  social  work  services  or
20    clinical social work services are used or made  available  by
21    individuals who are not licensed under the provisions of this
22    Act  is  deemed  to be false and misleading and is subject to
23    the provisions of Section 35 of this Act.
24        (B)  A licensee shall include in every advertisement  for
25    services  regulated  under  this  Act  his or her title as it
26    appears on the license or the initials authorized under  this
27    Act.
28    (Source: P.A. 87-1158.)
 
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 1        Section 20.  The Dietetic and Nutrition Services Practice
 2    Act is amended by changing Section 80 as follows:

 3        (225 ILCS 30/80) (from Ch. 111, par. 8401-80)
 4        Sec. 80.  Use of title; advertising.
 5        (a)  Only a person who is issued a license as a dietitian
 6    under  this Act may use the words "licensed dietitian" or the
 7    letters "L.D." in connection with his or her name.  A  person
 8    who  meets  the  additional  criteria for registration by the
 9    Commission on Dietetic Registration for the American Dietetic
10    Association may  assume  or  use  the  title  or  designation
11    "Registered  Dietitian" or "Registered Dietician", or use the
12    letters "R.D."  or  any  words,  letters,  abbreviations,  or
13    insignia   indicating   that   the  person  is  a  registered
14    dietitian.
15        (b)  Only a person who is issued a license as a nutrition
16    counselor under the terms of this Act  may  use  the  letters
17    "L.N.C."  or  the  words  "licensed  nutrition  counselor" in
18    connection with his or her name.
19        (c)  A licensee shall include in every advertisement  for
20    services  regulated  under  this  Act  his or her title as it
21    appears on the license or the initials authorized under  this
22    Act.
23    (Source: P.A. 87-784.)

24        Section  25.  The Medical Practice Act of 1987 is amended
25    by changing Section 26 as follows:

26        (225 ILCS 60/26) (from Ch. 111, par. 4400-26)
27        Sec. 26.  Advertising.
28        (1)  Any person licensed under this Act may advertise the
29    availability of professional services in the public media  or
30    on   the   premises  where  such  professional  services  are
31    rendered.  Such advertising shall be limited to the following
 
HB1441 Engrossed            -3-               LRB9102554ACtmA
 1    information:
 2             (a)  Publication of the person's name, title, office
 3        hours, address and telephone number;
 4             (b)  Information pertaining to the person's areas of
 5        specialization, including appropriate board certification
 6        or limitation of professional practice;
 7             (c)  Information on usual  and  customary  fees  for
 8        routine  professional services offered, which information
 9        shall include, notification that fees may be adjusted due
10        to complications or unforeseen circumstances;
11             (d)  Announcement of  the  opening  of,  change  of,
12        absence from, or return to business;
13             (e)  Announcement  of additions to or deletions from
14        professional licensed staff;
15             (f)  The issuance of business or appointment cards.
16        (2)  It is unlawful for any person  licensed  under  this
17    Act to use testimonials or claims of superior quality of care
18    to  entice the public.  It shall be unlawful to advertise fee
19    comparisons of available services with those of other persons
20    licensed under this Act.
21        (3)  This Act  does  not  authorize  the  advertising  of
22    professional  services  which the offeror of such services is
23    not  licensed  to  render.   Nor  shall  the  advertiser  use
24    statements which  contain  false,  fraudulent,  deceptive  or
25    misleading  material  or  guarantees  of  success, statements
26    which play upon  the  vanity  or  fears  of  the  public,  or
27    statements which promote or produce unfair competition.
28        (4)  A  licensee shall include in every advertisement for
29    services regulated under this Act his  or  her  title  as  it
30    appears  on the license or the initials authorized under this
31    Act.
32    (Source: P.A. 85-4.)

33        Section 30.  The Naprapathic Practice Act is  amended  by
 
HB1441 Engrossed            -4-               LRB9102554ACtmA
 1    changing Section 100 as follows:

 2        (225 ILCS 63/100)
 3        Sec. 100.  Advertising.
 4        (a)  Any person licensed under this Act may advertise the
 5    availability  of professional services in the public media or
 6    on the premises where professional services are  rendered  if
 7    the  advertising  is  truthful  and  not misleading and is in
 8    conformity with any rules promulgated by the Department.
 9        (b)  A licensee shall include in every advertisement  for
10    services  regulated  under  this  Act  his or her title as it
11    appears on the license or the initials authorized under  this
12    Act.
13    (Source: P.A. 89-61, eff. 6-30-95.)

14        Section  35.  The  Nursing  and Advanced Practice Nursing
15    Act is  amended  by  changing  Sections  10-5  and  15-40  as
16    follows:

17        (225 ILCS 65/10-5)
18        Sec. 10-5. Prohibited acts.  No person shall:
19        (a)  Practice   professional   nursing  without  a  valid
20    license as a registered professional nurse except as provided
21    in paragraphs (i) and (j) of Section 5-15 of this Act;
22        (b)  Practice practical nursing without a  valid  license
23    as  a licensed practical nurse; or practice practical nursing
24    other than under  the  direction  of  a  licensed  physician,
25    licensed dentist, or registered professional nurse; except as
26    provided  in  paragraphs (g), (h), and (j) of Section 5-15 of
27    this Act;
28        (c)  Practice  nursing  under  cover  of   any   diploma,
29    license,  or  record  illegally  or  fraudulently obtained or
30    signed   or   issued   unlawfully   or    under    fraudulent
31    representation;
 
HB1441 Engrossed            -5-               LRB9102554ACtmA
 1        (d)  Practice  nursing during the time her or his license
 2    is suspended, revoked, expired or on inactive status;
 3        (e)  Use  any  words,  abbreviations,  figures,  letters,
 4    title, sign, card, or device tending to imply that she or  he
 5    is  a  registered professional nurse, including the titles or
 6    initials,   "Registered   Nurse,"    "Professional    Nurse,"
 7    "Registered  Professional Nurse," "Certified Nurse," "Trained
 8    Nurse," "Graduate Nurse," "P.N.," or "R.N.," or  "R.P.N."  or
 9    similar  titles  or  initials  with  intention  of indicating
10    practice without a valid license as a registered professional
11    nurse;
12        (f)  Use  any  words,  abbreviations  figures,   letters,
13    title,  sign, card, or device tending to imply that she or he
14    is  a  licensed  practical  nurse  including  the  titles  or
15    initials  "Practical  Nurse,"  "Licensed  Practical   Nurse,"
16    "P.N.,"  or  "L.P.N.,"  or  similar  titles  or initials with
17    intention of indicated practice as a licensed practical nurse
18    without a valid license as a licensed practical  nurse  under
19    this Act;
20        (f-5)  Advertise   services   regulated  under  this  Act
21    without including in every advertisement his or her title  as
22    it  appears  on  the license or the initials authorized under
23    this Act;
24        (g)  Obtain or furnish a license by or for money  or  any
25    other  thing of value other than the fees required by Section
26    20-35, or by any fraudulent representation or act;
27        (h)  Make any wilfully false oath or affirmation required
28    by this Act;
29        (i)  Conduct  a  nursing  education   program   preparing
30    persons  for  licensure  that  has  not  been approved by the
31    Department;
32        (j)  Represent that any school or course is  approved  or
33    accredited  as  a  school  or  course  for  the  education of
34    registered professional nurses or licensed  practical  nurses
 
HB1441 Engrossed            -6-               LRB9102554ACtmA
 1    unless  such  school  or course is approved by the Department
 2    under the provisions of this Act;
 3        (k)  Attempt or offer to do any of the acts enumerated in
 4    this Section, or  knowingly aid, abet, assist in the doing of
 5    any such acts or in the attempt or offer to do  any  of  such
 6    acts;
 7        (l)  Seek  employment  as a registered professional nurse
 8    under the terms of paragraphs (i) and (j) of Section 5-15  of
 9    this Act without possessing a written authorization which has
10    been  issued  by the Department or designated testing service
11    and which evidences the filing  of  the  written  application
12    referred to in paragraphs (i) and (j) of Section 5-15 of this
13    Act;
14        (m)  Seek  employment as a licensed practical nurse under
15    the terms of paragraphs (g) and (h) of Section 5-15  of  this
16    Act without possessing a written authorization which has been
17    issued  by  the  Department or designated testing service and
18    which  evidences  the  filing  of  the  written   application
19    referred to in paragraphs (g) and (h) of Section 5-15 of this
20    Act;
21        (n)  Employ  or  utilize  persons not licensed under this
22    Act to practice professional nursing  or  practical  nursing;
23    and
24        (o)  Otherwise  intentionally  violate  any  provision of
25    this Act.
26        Any person, including a firm, association or  corporation
27    who violates any provision of this Section shall be guilty of
28    a Class A misdemeanor.
29    (Source: P.A. 90-742, eff. 8-13-98.)

30        (225 ILCS 65/15-40)
31        Sec. 15-40.  Advertising.
32        (a)  A person licensed under this Title may advertise the
33    availability  of professional services in the public media or
 
HB1441 Engrossed            -7-               LRB9102554ACtmA
 1    on the premises where the professional services are rendered.
 2    The  advertising  shall   be   limited   to   the   following
 3    information:
 4             (1)  publication of the person's name, title, office
 5        hours, address, and telephone number;
 6             (2)  information pertaining to the person's areas of
 7        specialization,  including but not limited to appropriate
 8        board  certification  or   limitation   of   professional
 9        practice;
10             (3)  publication   of   the  person's  collaborating
11        physician's name, title, and areas of specialization;
12             (4)  information on usual  and  customary  fees  for
13        routine   professional   services  offered,  which  shall
14        include notification that fees may  be  adjusted  due  to
15        complications or unforeseen circumstances;
16             (5)  announcements  of  the  opening  of, change of,
17        absence from, or return to business;
18             (6)  announcement of additions to or deletions  from
19        professional licensed staff; and
20             (7)  the issuance of business or appointment cards.
21        (b)  It  is  unlawful  for  a  person licensed under this
22    Title to use testimonials or claims of  superior  quality  of
23    care to entice the public.  It shall be unlawful to advertise
24    fee  comparisons  of  available  services with those of other
25    licensed persons.
26        (c)  This Title does not  authorize  the  advertising  of
27    professional services that the offeror of the services is not
28    licensed  or  authorized to render.  Nor shall the advertiser
29    use statements that contain false, fraudulent, deceptive,  or
30    misleading material or guarantees of success, statements that
31    play  upon  the  vanity or fears of the public, or statements
32    that promote or produce unfair competition.
33        (d)  It is unlawful  and  punishable  under  the  penalty
34    provisions of this Act for a person licensed under this Title
 
HB1441 Engrossed            -8-               LRB9102554ACtmA
 1    to  knowingly  advertise  that  the  licensee  will accept as
 2    payment for services rendered by assignment  from  any  third
 3    party  payor  the  amount  the  third  party  payor covers as
 4    payment in full, if the effect is to give the  impression  of
 5    eliminating  the  need  of  payment  by  the  patient  of any
 6    required deductible or copayment applicable in the  patient's
 7    health benefit plan.
 8        (d-5) A licensee shall include in every advertisement for
 9    services  regulated  under  this  Act  his or her title as it
10    appears on the license or the initials authorized under  this
11    Act.
12        (e)  As   used   in   this   Section,  "advertise"  means
13    solicitation by the licensee or  through  another  person  or
14    entity  by  means  of  handbills,  posters, circulars, motion
15    pictures, radio,  newspapers,  or  television  or  any  other
16    manner.
17    (Source: P.A. 90-742, eff. 8-13-98.)

18        Section  40.   The Illinois Occupational Therapy Practice
19    Act is amended by changing Section 18 as follows:

20        (225 ILCS 75/18) (from Ch. 111, par. 3718)
21        Sec. 18.  Advertising.
22        (a)  Any person licensed under this Act may advertise the
23    availability of professional services in the public media  or
24    on the premises where such professional services are rendered
25    as  permitted  by law, on the condition that such advertising
26    is truthful and not misleading  and  is  in  conformity  with
27    rules promulgated by the Department.
28        (b)  A  licensee shall include in every advertisement for
29    services regulated under this Act his  or  her  title  as  it
30    appears on the license or the initials authoritzed under this
31    Act.
32    (Source: P.A.  83-696.)
 
HB1441 Engrossed            -9-               LRB9102554ACtmA
 1        Section 50.  The Pharmacy Practice Act of 1987 is amended
 2    by adding Section 5.7 as follows:

 3        (225 ILCS 85/5.7 new)
 4        Sec. 5.7.  Advertising services. A licensee shall include
 5    in  every advertisement for services regulated under this Act
 6    his or her title as it appears on the license or the initials
 7    authorized under this Act.

 8        Section 55.  The Illinois Physical Therapy Act is amended
 9    by adding Section 16.5 as follows:

10        (225 ILCS 90/16.5 new)
11        Sec.  16.5.  Advertising  services.  A   licensee   shall
12    include  in  every advertisement for services regulated under
13    this Act his or her title as it appears on the license or the
14    initials authorized under this Act.

15        Section 60.  The Physician Assistant Practice Act of 1987
16    is amended by changing Section 6 as follows:

17        (225 ILCS 95/6) (from Ch. 111, par. 4606)
18        Sec. 6. Title; advertising billing.
19        (a)  No physician assistant shall use the title of doctor
20    or associate with his or her name  or  any  other  term  that
21    would  indicate  to other persons that he or she is qualified
22    to engage in the general practice of medicine.
23        (b)  A licensee shall include in every advertisement  for
24    services  regulated  under  this  Act  his or her title as it
25    appears on the license or the initials authorized under  this
26    Act.
27        (c)  A  physician  assistant shall not be allowed to bill
28    patients or in any way to charge for  services.   Nothing  in
29    this  Act,  however,  shall be so construed as to prevent the
 
HB1441 Engrossed            -10-              LRB9102554ACtmA
 1    employer of a physician assistant from charging for  services
 2    rendered  by  the  physician assistant.  Payment for services
 3    rendered by a physician assistant shall be made to his or her
 4    employer if  the  payor  would  have  made  payment  had  the
 5    services  been  provided  by a physician licensed to practice
 6    medicine in all its branches.
 7        (d)  The  supervising  physician  shall  file  with   the
 8    Department  notice  of  employment, discharge, or supervisory
 9    control of a physician assistant at the time  of  employment,
10    discharge,   or   assumption  of  supervisory  control  of  a
11    physician assistant.
12    (Source: P.A. 90-61, eff.  12-30-97;  90-116,  eff.  7-14-97;
13    90-655, eff. 7-30-98.)

14        Section  65.  The  Podiatric Medical Practice Act of 1987
15    is amended by changing Section 21 as follows:

16        (225 ILCS 100/21) (from Ch. 111, par. 4821)
17        Sec. 21.  Advertising.
18        (A)  Any   podiatric   physician   may   advertise    the
19    availability  of  podiatric  medical  services  in the public
20    media or on the premises where such  services  are  rendered.
21    Such   advertising   shall   be   limited  to  the  following
22    information:
23             (a)  the podiatric medical services available;
24             (b)  publication of the podiatric physician's  name,
25        title, office hours, address and telephone;
26             (c)  information  pertaining  to  areas  of practice
27        specialization, including appropriate board certification
28        as approved by the Board in accordance with the rules for
29        the  administration  of  this  Act   or   limitation   of
30        professional practice;
31             (d)  information  on  usual  and  customary fees for
32        routine  podiatric  medical   services   offered,   which
 
HB1441 Engrossed            -11-              LRB9102554ACtmA
 1        information  shall  include notification that fees may be
 2        adjusted   due    to    complications    or    unforeseen
 3        circumstances;
 4             (e)  announcement  of  the  opening  of,  change of,
 5        absence from, or return to business;
 6             (f)  announcement of additions to or deletions  from
 7        professional podiatric staff;
 8             (g)  the issuance of business or appointment cards;
 9             (h)  other    information    about   the   podiatric
10        physician, podiatric practice or the types  of  podiatric
11        services  that  the podiatric physician offers to perform
12        that a reasonable person  might  regard  as  relevant  in
13        determining  whether  to  seek  the podiatric physician's
14        services.
15        (B)  It is unlawful for any podiatric physician  licensed
16    under this Act:
17             (1)  to  use  testimonials  or  claims  of  superior
18        quality of care to entice the public;
19             (2)  to  advertise  in any way to practice podiatric
20        medicine without causing pain or deformity; or
21             (3)  to advertise or offer gifts as an inducement to
22        secure  patient  patronage.   Podiatric  physicians   may
23        advertise  or  offer  free examinations or free podiatric
24        medical services; it shall be unlawful, however, for  any
25        podiatric physician to charge a fee to any patient or any
26        third  party  payor  for  any  podiatric  medical service
27        provided at the time that such free examination  or  free
28        podiatric medical services are provided.
29        (C)  This  Act  does  not  authorize  the  advertising of
30    podiatric medical services when the offeror of such  services
31    is  not  a  podiatric  physician.    Nor  shall the podiatric
32    physician use  statements  that  contain  false,  fraudulent,
33    deceptive  or  misleading  material or guarantees of success,
34    statements that play upon the vanity or fears of the  public,
 
HB1441 Engrossed            -12-              LRB9102554ACtmA
 1    or statements that promote or produce unfair competition.
 2        (D)  A  licensee shall include in every advertisement for
 3    services regulated  under  this  Act  his  or  her  title  as
 4    provided by rule or the initials authorized under this Act.
 5    (Source: P.A. 90-76, eff. 12-30-97.)

 6        Section    70.  The  Respiratory  Care  Practice  Act  is
 7    amended by changing Section 60 as follows:

 8        (225 ILCS 106/60)
 9        Sec. 60.  Professional identification; advertising.
10        (a) A person who  is  licensed  with  the  Department  of
11    Professional  Regulation  in  this  State  may use the title,
12    "respiratory care practitioner" and the abbreviation "RCP".
13        (b)  A licensee shall include in every advertisement  for
14    services  regulated  under  this  Act  his or her title as it
15    appears on the license or the initials authorized under  this
16    Act.
17    (Source: P.A. 89-33, eff. 1-1-96; revised 10-31-98.)

18        Section  75.  The  Illinois Speech-Language Pathology and
19    Audiology Practice Act is amended by adding  Section  31a  as
20    follows:

21        (225 ILCS 110/31a new)
22        Sec. 31a.  Advertising services. A licensee shall include
23    in  every advertisement for services regulated under this Act
24    his or her title as it appears on the license or the initials
25    authorized under this Act.

26        Section 99.  This Act takes effect on January 1, 2000.

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