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91_HB1441ham001
LRB9102554ACtmam01
1 AMENDMENT TO HOUSE BILL 1441
2 AMENDMENT NO. . Amend House Bill 1441 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Clinical Psychologist Licensing Act is
5 amended by adding Section 26.5 as follows:
6 (225 ILCS 15/26.5 new)
7 Sec. 26.5. Advertising services. A licensee shall
8 include in every advertisement for services regulated under
9 this Act his or her title as it appears on the license or the
10 initials authorized under this Act.
11 Section 10. The Clinical Social Work and Social Work
12 Practice Act is amended by changing Section 17 as follows:
13 (225 ILCS 20/17) (from Ch. 111, par. 6367)
14 Sec. 17. Advertising.
15 (A) Persons licensed under this Act may advertise the
16 availability of their professional services as permitted by
17 law, provided that such advertising is true and not
18 misleading. Representing that social work services or
19 clinical social work services are used or made available by
20 individuals who are not licensed under the provisions of this
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1 Act is deemed to be false and misleading and is subject to
2 the provisions of Section 35 of this Act.
3 (B) A licensee shall include in every advertisement for
4 services regulated under this Act his or her title as it
5 appears on the license or the initials authorized under this
6 Act.
7 (Source: P.A. 87-1158.)
8 Section 15. The Illinois Dental Practice Act is amended
9 by changing Section 45 as follows:
10 (225 ILCS 25/45) (from Ch. 111, par. 2345)
11 Sec. 45. Advertising.
12 (A) The purpose of this Section is to authorize and
13 regulate the advertisement by dentists of information which
14 is intended to provide the public with a sufficient basis
15 upon which to make an informed selection of dentists while
16 protecting the public from false or misleading advertisements
17 which would detract from the fair and rational selection
18 process.
19 (B) Any dentist may advertise the availability of dental
20 services in the public media or on the premises where such
21 dental services are rendered. Such advertising shall be
22 limited to the following information:
23 (a) The dental services available;
24 (b) Publication of the dentist's name, title,
25 office hours, address and telephone;
26 (c) Information pertaining to his or her area of
27 specialization, including appropriate board certification
28 or limitation of professional practice;
29 (d) Information on usual and customary fees for
30 routine dental services offered, which information shall
31 include notification that fees may be adjusted due to
32 complications or unforeseen circumstances;
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1 (e) Announcement of the opening of, change of,
2 absence from, or return to business;
3 (f) Announcement of additions to or deletions from
4 professional dental staff;
5 (g) The issuance of business or appointment cards;
6 (h) Other information about the dentist, dentist's
7 practice or the types of dental services which the
8 dentist offers to perform which a reasonable person might
9 regard as relevant in determining whether to seek the
10 dentist's services. However, any advertisement which
11 announces the availability of endodontics, pediatric
12 dentistry, periodontics, prosthodontics, orthodontics and
13 dentofacial orthopedics, or oral and maxillofacial
14 surgery by a general dentist or by a licensed specialist
15 who is not licensed in that specialty shall include a
16 disclaimer stating that the dentist does not hold a
17 license in that specialty.
18 (C) It is unlawful for any dentist licensed under this
19 Act:
20 (1) To use testimonials or claims of superior
21 quality of care to entice the public;
22 (2) To advertise in any way to practice dentistry
23 without causing pain;
24 (3) To pay a fee to any dental referral service or
25 other third party who advertises a dental referral
26 service, unless all advertising of the dental referral
27 service makes it clear that dentists are paying a fee for
28 that referral service; or
29 (4) To advertise or offer gifts as an inducement to
30 secure dental patronage. Dentists may advertise or offer
31 free examinations or free dental services; it shall be
32 unlawful, however, for any dentist to charge a fee to any
33 new patient for any dental service provided at the time
34 that such free examination or free dental services are
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1 provided.
2 (D) This Act does not authorize the advertising of
3 dental services when the offeror of such services is not a
4 dentist. Nor shall the dentist use statements which contain
5 false, fraudulent, deceptive or misleading material or
6 guarantees of success, statements which play upon the vanity
7 or fears of the public, or statements which promote or
8 produce unfair competition.
9 (E) 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 (F) A dentist shall be required to keep a copy of all
14 advertisements for a period of 3 years. All advertisements
15 in the dentist's possession shall indicate the accurate date
16 and place of publication.
17 (G) The Department shall adopt rules to carry out the
18 intent of this Section.
19 (Source: P.A. 88-635, eff. 1-1-95; 89-80, eff. 6-30-95;
20 89-116, eff. 7-7-95.)
21 Section 20. The Dietetic and Nutrition Services Practice
22 Act is amended by changing Section 80 as follows:
23 (225 ILCS 30/80) (from Ch. 111, par. 8401-80)
24 Sec. 80. Use of title; advertising.
25 (a) Only a person who is issued a license as a dietitian
26 under this Act may use the words "licensed dietitian" or the
27 letters "L.D." in connection with his or her name. A person
28 who meets the additional criteria for registration by the
29 Commission on Dietetic Registration for the American Dietetic
30 Association may assume or use the title or designation
31 "Registered Dietitian" or "Registered Dietician", or use the
32 letters "R.D." or any words, letters, abbreviations, or
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1 insignia indicating that the person is a registered
2 dietitian.
3 (b) Only a person who is issued a license as a nutrition
4 counselor under the terms of this Act may use the letters
5 "L.N.C." or the words "licensed nutrition counselor" in
6 connection with his or her name.
7 (c) A licensee shall include in every advertisement for
8 services regulated under this Act his or her title as it
9 appears on the license or the initials authorized under this
10 Act.
11 (Source: P.A. 87-784.)
12 Section 25. The Medical Practice Act of 1987 is amended
13 by changing Section 26 as follows:
14 (225 ILCS 60/26) (from Ch. 111, par. 4400-26)
15 Sec. 26. Advertising.
16 (1) Any person licensed under this Act may advertise the
17 availability of professional services in the public media or
18 on the premises where such professional services are
19 rendered. Such advertising shall be limited to the following
20 information:
21 (a) Publication of the person's name, title, office
22 hours, address and telephone number;
23 (b) Information pertaining to the person's areas of
24 specialization, including appropriate board certification
25 or limitation of professional practice;
26 (c) Information on usual and customary fees for
27 routine professional services offered, which information
28 shall include, notification that fees may be adjusted due
29 to complications or unforeseen circumstances;
30 (d) Announcement of the opening of, change of,
31 absence from, or return to business;
32 (e) Announcement of additions to or deletions from
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1 professional licensed staff;
2 (f) The issuance of business or appointment cards.
3 (2) It is unlawful for any person licensed under this
4 Act to use testimonials or claims of superior quality of care
5 to entice the public. It shall be unlawful to advertise fee
6 comparisons of available services with those of other persons
7 licensed under this Act.
8 (3) This Act does not authorize the advertising of
9 professional services which the offeror of such services is
10 not licensed to render. Nor shall the advertiser use
11 statements which contain false, fraudulent, deceptive or
12 misleading material or guarantees of success, statements
13 which play upon the vanity or fears of the public, or
14 statements which promote or produce unfair competition.
15 (4) A licensee shall include in every advertisement for
16 services regulated under this Act his or her title as it
17 appears on the license or the initials authorized under this
18 Act.
19 (Source: P.A. 85-4.)
20 Section 30. The Naprapathic Practice Act is amended by
21 changing Section 100 as follows:
22 (225 ILCS 63/100)
23 Sec. 100. Advertising.
24 (a) Any person licensed under this Act may advertise the
25 availability of professional services in the public media or
26 on the premises where professional services are rendered if
27 the advertising is truthful and not misleading and is in
28 conformity with any rules promulgated by the Department.
29 (b) A licensee shall include in every advertisement for
30 services regulated under this Act his or her title as it
31 appears on the license or the initials authorized under this
32 Act.
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1 (Source: P.A. 89-61, eff. 6-30-95.)
2 Section 35. The Nursing and Advanced Practice Nursing
3 Act is amended by changing Sections 10-5 and 15-40 as
4 follows:
5 (225 ILCS 65/10-5)
6 Sec. 10-5. Prohibited acts. No person shall:
7 (a) Practice professional nursing without a valid
8 license as a registered professional nurse except as provided
9 in paragraphs (i) and (j) of Section 5-15 of this Act;
10 (b) Practice practical nursing without a valid license
11 as a licensed practical nurse; or practice practical nursing
12 other than under the direction of a licensed physician,
13 licensed dentist, or registered professional nurse; except as
14 provided in paragraphs (g), (h), and (j) of Section 5-15 of
15 this Act;
16 (c) Practice nursing under cover of any diploma,
17 license, or record illegally or fraudulently obtained or
18 signed or issued unlawfully or under fraudulent
19 representation;
20 (d) Practice nursing during the time her or his license
21 is suspended, revoked, expired or on inactive status;
22 (e) Use any words, abbreviations, figures, letters,
23 title, sign, card, or device tending to imply that she or he
24 is a registered professional nurse, including the titles or
25 initials, "Registered Nurse," "Professional Nurse,"
26 "Registered Professional Nurse," "Certified Nurse," "Trained
27 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
28 similar titles or initials with intention of indicating
29 practice without a valid license as a registered professional
30 nurse;
31 (f) Use any words, abbreviations figures, letters,
32 title, sign, card, or device tending to imply that she or he
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1 is a licensed practical nurse including the titles or
2 initials "Practical Nurse," "Licensed Practical Nurse,"
3 "P.N.," or "L.P.N.," or similar titles or initials with
4 intention of indicated practice as a licensed practical nurse
5 without a valid license as a licensed practical nurse under
6 this Act;
7 (f-5) Advertise services regulated under this Act
8 without including in every advertisement his or her title as
9 it appears on the license or the initials authorized under
10 this Act;
11 (g) Obtain or furnish a license by or for money or any
12 other thing of value other than the fees required by Section
13 20-35, or by any fraudulent representation or act;
14 (h) Make any wilfully false oath or affirmation required
15 by this Act;
16 (i) Conduct a nursing education program preparing
17 persons for licensure that has not been approved by the
18 Department;
19 (j) Represent that any school or course is approved or
20 accredited as a school or course for the education of
21 registered professional nurses or licensed practical nurses
22 unless such school or course is approved by the Department
23 under the provisions of this Act;
24 (k) Attempt or offer to do any of the acts enumerated in
25 this Section, or knowingly aid, abet, assist in the doing of
26 any such acts or in the attempt or offer to do any of such
27 acts;
28 (l) Seek employment as a registered professional nurse
29 under the terms of paragraphs (i) and (j) of Section 5-15 of
30 this Act without possessing a written authorization which has
31 been issued by the Department or designated testing service
32 and which evidences the filing of the written application
33 referred to in paragraphs (i) and (j) of Section 5-15 of this
34 Act;
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1 (m) Seek employment as a licensed practical nurse under
2 the terms of paragraphs (g) and (h) of Section 5-15 of this
3 Act without possessing a written authorization which has been
4 issued by the Department or designated testing service and
5 which evidences the filing of the written application
6 referred to in paragraphs (g) and (h) of Section 5-15 of this
7 Act;
8 (n) Employ or utilize persons not licensed under this
9 Act to practice professional nursing or practical nursing;
10 and
11 (o) Otherwise intentionally violate any provision of
12 this Act.
13 Any person, including a firm, association or corporation
14 who violates any provision of this Section shall be guilty of
15 a Class A misdemeanor.
16 (Source: P.A. 90-742, eff. 8-13-98.)
17 (225 ILCS 65/15-40)
18 Sec. 15-40. Advertising.
19 (a) A person licensed under this Title may advertise the
20 availability of professional services in the public media or
21 on the premises where the professional services are rendered.
22 The advertising shall be limited to the following
23 information:
24 (1) publication of the person's name, title, office
25 hours, address, and telephone number;
26 (2) information pertaining to the person's areas of
27 specialization, including but not limited to appropriate
28 board certification or limitation of professional
29 practice;
30 (3) publication of the person's collaborating
31 physician's name, title, and areas of specialization;
32 (4) information on usual and customary fees for
33 routine professional services offered, which shall
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1 include notification that fees may be adjusted due to
2 complications or unforeseen circumstances;
3 (5) announcements of the opening of, change of,
4 absence from, or return to business;
5 (6) announcement of additions to or deletions from
6 professional licensed staff; and
7 (7) the issuance of business or appointment cards.
8 (b) It is unlawful for a person licensed under this
9 Title to use testimonials or claims of superior quality of
10 care to entice the public. It shall be unlawful to advertise
11 fee comparisons of available services with those of other
12 licensed persons.
13 (c) This Title does not authorize the advertising of
14 professional services that the offeror of the services is not
15 licensed or authorized to render. Nor shall the advertiser
16 use statements that contain false, fraudulent, deceptive, or
17 misleading material or guarantees of success, statements that
18 play upon the vanity or fears of the public, or statements
19 that promote or produce unfair competition.
20 (d) It is unlawful and punishable under the penalty
21 provisions of this Act for a person licensed under this Title
22 to knowingly advertise that the licensee will accept as
23 payment for services rendered by assignment from any third
24 party payor the amount the third party payor covers as
25 payment in full, if the effect is to give the impression of
26 eliminating the need of payment by the patient of any
27 required deductible or copayment applicable in the patient's
28 health benefit plan.
29 (d-5) A licensee shall include in every advertisement for
30 services regulated under this Act his or her title as it
31 appears on the license or the initials authorized under this
32 Act.
33 (e) As used in this Section, "advertise" means
34 solicitation by the licensee or through another person or
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1 entity by means of handbills, posters, circulars, motion
2 pictures, radio, newspapers, or television or any other
3 manner.
4 (Source: P.A. 90-742, eff. 8-13-98.)
5 Section 40. The Illinois Occupational Therapy Practice
6 Act is amended by changing Section 18 as follows:
7 (225 ILCS 75/18) (from Ch. 111, par. 3718)
8 Sec. 18. Advertising.
9 (a) Any person licensed under this Act may advertise the
10 availability of professional services in the public media or
11 on the premises where such professional services are rendered
12 as permitted by law, on the condition that such advertising
13 is truthful and not misleading and is in conformity with
14 rules promulgated by the Department.
15 (b) A licensee shall include in every advertisement for
16 services regulated under this Act his or her title as it
17 appears on the license or the initials authorized under this
18 Act.
19 (Source: P.A. 83-696.)
20 Section 45. The Illinois Optometric Practice Act of 1987
21 is amended by changing Section 22 as follows:
22 (225 ILCS 80/22) (from Ch. 111, par. 3922)
23 Sec. 22. Advertising.
24 (a) Any person licensed under this Act may advertise the
25 availability of professional services in the public media or
26 on the premises where such professional services are rendered
27 provided that such advertising is truthful and not misleading
28 and is in conformity with rules promulgated by the
29 Department.
30 (b) A licensee shall include in every advertisement for
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1 services regulated under this Act his or her title as it
2 appears on the license or the initials authorized under this
3 Act.
4 (Source: P.A. 85-896.)
5 Section 50. The Pharmacy Practice Act of 1987 is amended
6 by adding Section 5.7 as follows:
7 (225 ILCS 85/5.7 new)
8 Sec. 5.7. Advertising services. A licensee shall include
9 in every advertisement for services regulated under this Act
10 his or her title as it appears on the license or the initials
11 authorized under this Act.
12 Section 55. The Illinois Physical Therapy Act is amended
13 by adding Section 16.5 as follows:
14 (225 ILCS 90/16.5 new)
15 Sec. 16.5. Advertising services. A licensee shall
16 include in every advertisement for services regulated under
17 this Act his or her title as it appears on the license or the
18 initials authorized under this Act.
19 Section 60. The Physician Assistant Practice Act of 1987
20 is amended by changing Section 6 as follows:
21 (225 ILCS 95/6) (from Ch. 111, par. 4606)
22 Sec. 6. Title; advertising billing.
23 (a) No physician assistant shall use the title of doctor
24 or associate with his or her name or any other term that
25 would indicate to other persons that he or she is qualified
26 to engage in the general practice of medicine.
27 (b) A licensee shall include in every advertisement for
28 services regulated under this Act his or her title as it
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1 appears on the license or the initials authorized under this
2 Act.
3 (c) A physician assistant shall not be allowed to bill
4 patients or in any way to charge for services. Nothing in
5 this Act, however, shall be so construed as to prevent the
6 employer of a physician assistant from charging for services
7 rendered by the physician assistant. Payment for services
8 rendered by a physician assistant shall be made to his or her
9 employer if the payor would have made payment had the
10 services been provided by a physician licensed to practice
11 medicine in all its branches.
12 (d) The supervising physician shall file with the
13 Department notice of employment, discharge, or supervisory
14 control of a physician assistant at the time of employment,
15 discharge, or assumption of supervisory control of a
16 physician assistant.
17 (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
18 90-655, eff. 7-30-98.)
19 Section 65. The Podiatric Medical Practice Act of 1987
20 is amended by changing Section 21 as follows:
21 (225 ILCS 100/21) (from Ch. 111, par. 4821)
22 Sec. 21. Advertising.
23 (A) Any podiatric physician may advertise the
24 availability of podiatric medical services in the public
25 media or on the premises where such services are rendered.
26 Such advertising shall be limited to the following
27 information:
28 (a) the podiatric medical services available;
29 (b) publication of the podiatric physician's name,
30 title, office hours, address and telephone;
31 (c) information pertaining to areas of practice
32 specialization, including appropriate board certification
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1 as approved by the Board in accordance with the rules for
2 the administration of this Act or limitation of
3 professional practice;
4 (d) information on usual and customary fees for
5 routine podiatric medical services offered, which
6 information shall include notification that fees may be
7 adjusted due to complications or unforeseen
8 circumstances;
9 (e) announcement of the opening of, change of,
10 absence from, or return to business;
11 (f) announcement of additions to or deletions from
12 professional podiatric staff;
13 (g) the issuance of business or appointment cards;
14 (h) other information about the podiatric
15 physician, podiatric practice or the types of podiatric
16 services that the podiatric physician offers to perform
17 that a reasonable person might regard as relevant in
18 determining whether to seek the podiatric physician's
19 services.
20 (B) It is unlawful for any podiatric physician licensed
21 under this Act:
22 (1) to use testimonials or claims of superior
23 quality of care to entice the public;
24 (2) to advertise in any way to practice podiatric
25 medicine without causing pain or deformity; or
26 (3) to advertise or offer gifts as an inducement to
27 secure patient patronage. Podiatric physicians may
28 advertise or offer free examinations or free podiatric
29 medical services; it shall be unlawful, however, for any
30 podiatric physician to charge a fee to any patient or any
31 third party payor for any podiatric medical service
32 provided at the time that such free examination or free
33 podiatric medical services are provided.
34 (C) This Act does not authorize the advertising of
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1 podiatric medical services when the offeror of such services
2 is not a podiatric physician. Nor shall the podiatric
3 physician use statements that contain false, fraudulent,
4 deceptive or misleading material or guarantees of success,
5 statements that play upon the vanity or fears of the public,
6 or statements that promote or produce unfair competition.
7 (D) A licensee shall include in every advertisement for
8 services regulated under this Act his or her title as it
9 appears on the license or the initials authorized under this
10 Act.
11 (Source: P.A. 90-76, eff. 12-30-97.)
12 Section 70. The Respiratory Care Practice Act is
13 amended by changing Section 60 as follows:
14 (225 ILCS 106/60)
15 Sec. 60. Professional identification; advertising.
16 (a) A person who is licensed with the Department of
17 Professional Regulation in this State may use the title,
18 "respiratory care practitioner" and the abbreviation "RCP".
19 (b) 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. 89-33, eff. 1-1-96; revised 10-31-98.)
24 Section 75. The Illinois Speech-Language Pathology and
25 Audiology Practice Act is amended by adding Section 31a as
26 follows:
27 (225 ILCS 110/31a new)
28 Sec. 31a. Advertising services. A licensee shall include
29 in every advertisement for services regulated under this Act
30 his or her title as it appears on the license or the initials
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1 authorized under this Act.
2 Section 99. This Act takes effect on January 1, 2000.".