State of Illinois
91st General Assembly
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Public Act 91-0310

HB1441 Enrolled                               LRB9102554ACtmA

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

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

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

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

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

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

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

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

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

    Section  30.   The Naprapathic Practice Act is amended by
changing Section 100 as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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