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91_HB1441enr
HB1441 Enrolled 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
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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
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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;
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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
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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
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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
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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 authorized under this
31 Act.
32 (Source: P.A. 83-696.)
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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
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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
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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,
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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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