Full Text of SB3509 96th General Assembly
SB3509enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Truth | 5 |
| in Health Care Professional Services Act. | 6 |
| Section 5. Purpose. The General Assembly hereby finds and | 7 |
| declares that:
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| (a) There are widespread differences regarding the | 9 |
| training and qualifications required to earn the professional | 10 |
| degrees. These differences often concern the training and | 11 |
| skills necessary to correctly detect, diagnose, prevent, and | 12 |
| treat illness or health care conditions.
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| (b) There is a compelling State interest in patients being | 14 |
| promptly and clearly informed of the training and | 15 |
| qualifications of the health care professionals who provide | 16 |
| health care services.
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| (c) There is a compelling State interest in the public | 18 |
| being protected from potentially misleading and deceptive | 19 |
| health care advertising that might cause patients to have undue | 20 |
| expectations regarding their treatment and outcome.
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| Section 10. Definitions.
For purposes of this Act:
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| "Advertisement" denotes any communication or statement, |
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| whether printed, electronic, or oral, that names the health | 2 |
| care professional in relation to his or her practice, | 3 |
| profession, or institution in which the individual is employed, | 4 |
| volunteers, or otherwise provides health care services. This | 5 |
| includes business cards, letterhead, patient brochures, | 6 |
| e-mail, Internet, audio, and video, and any other communication | 7 |
| or statement used in the course of business.
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| "Deceptive" or "misleading" includes, but is not limited | 9 |
| to, any advertisement or affirmative communication or | 10 |
| representation for health care services that misstates, | 11 |
| falsely describes, or falsely represents the health care | 12 |
| professional's skills, training, expertise, education, board | 13 |
| certification, or licensure.
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| "Health care professional" means any person who treats | 15 |
| human ailments and is subject to licensure or regulation by the | 16 |
| State, including students and residents.
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| "Licensee" means a health care professional who holds an | 18 |
| active license with the licensing board governing his or her | 19 |
| practice in this State.
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| Section 15. Requirements.
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| (a) An advertisement for health care services must identify | 22 |
| the type of license held by the health care professional | 23 |
| advertising or providing services pursuant to the definitions, | 24 |
| titles, and initials authorized under his or her licensing Act | 25 |
| or examination designations required for licensure under his or |
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| her licensing Act. The advertisement shall be free from any and | 2 |
| all deceptive or misleading information.
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| (b) A health care professional providing health care | 4 |
| services in this State must conspicuously post and | 5 |
| affirmatively communicate the professional's specific | 6 |
| licensure by doing the following:
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| (1) The health care professional shall wear a name tag | 8 |
| during all patient encounters that clearly identifies the | 9 |
| type of license held by the health care professional, | 10 |
| unless precluded by adopted sterilization or isolation | 11 |
| protocols. The name tag shall be of sufficient size and be | 12 |
| worn in a conspicuous manner so as to be visible and | 13 |
| apparent; | 14 |
| (2) If the health care professional has an office in | 15 |
| which he or she sees current or prospective patients, then | 16 |
| the health care professional shall display in his or her | 17 |
| office a writing that clearly identifies the type of | 18 |
| license held by the health care professional. The writing | 19 |
| must be of sufficient size so as to be visible and apparent | 20 |
| to all current and prospective patients; and | 21 |
| (3) The health care professional must only use the | 22 |
| licensure titles or initials authorized by his or her | 23 |
| licensing Act, examination designations required for | 24 |
| licensure under his or her licensing Act, or the titles | 25 |
| authorized by the professional licensing Act for students | 26 |
| in training. |
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| A health care professional who practices in more than one | 2 |
| office shall comply with these requirements in each practice | 3 |
| setting.
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| (c) Health care professionals working in non-patient care | 5 |
| settings, and who do not have any direct patient care | 6 |
| interactions, are not subject to the provisions of subsection | 7 |
| (b) of this Section.
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| (d) Under this Section, a health care professional who is a | 9 |
| student or resident and does not have a state license shall | 10 |
| only be required to wear a name tag that clearly identifies | 11 |
| himself or herself by name and as a student or resident, as | 12 |
| authorized by the professional licensing Act. | 13 |
| Section 20. Violations and enforcement.
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| (a) Failure to comply with any provision under this Section | 15 |
| shall constitute a violation under this Act.
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| (b) Each day this Act is violated shall constitute a | 17 |
| separate offense and shall be punishable as such.
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| (c) Any health care professional who violates any provision | 19 |
| of this Act is guilty of unprofessional conduct and subject to | 20 |
| disciplinary action under the appropriate provisions of the | 21 |
| specific Act governing that health care profession. | 22 |
| Section 97. Severability. The provisions of this Act are | 23 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2010.
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