[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ House Amendment 003 ] | [ House Amendment 004 ] |
91_HB1441
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 and
11 the highest academic degree earned.
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 and the highest academic degree
27 earned.
28 (Source: P.A. 87-1158.)
-2- LRB9102554ACtmA
1 Section 15. The Illinois Dental Practice Act is amended
2 by changing Section 45 as follows:
3 (225 ILCS 25/45) (from Ch. 111, par. 2345)
4 Sec. 45. Advertising.
5 (A) The purpose of this Section is to authorize and
6 regulate the advertisement by dentists of information which
7 is intended to provide the public with a sufficient basis
8 upon which to make an informed selection of dentists while
9 protecting the public from false or misleading advertisements
10 which would detract from the fair and rational selection
11 process.
12 (B) Any dentist may advertise the availability of dental
13 services in the public media or on the premises where such
14 dental services are rendered. Such advertising shall be
15 limited to the following information:
16 (a) The dental services available;
17 (b) Publication of the dentist's name, title,
18 office hours, address and telephone;
19 (c) Information pertaining to his or her area of
20 specialization, including appropriate board certification
21 or limitation of professional practice;
22 (d) Information on usual and customary fees for
23 routine dental services offered, which information shall
24 include notification that fees may be adjusted due to
25 complications or unforeseen circumstances;
26 (e) Announcement of the opening of, change of,
27 absence from, or return to business;
28 (f) Announcement of additions to or deletions from
29 professional dental staff;
30 (g) The issuance of business or appointment cards;
31 (h) Other information about the dentist, dentist's
32 practice or the types of dental services which the
33 dentist offers to perform which a reasonable person might
-3- LRB9102554ACtmA
1 regard as relevant in determining whether to seek the
2 dentist's services. However, any advertisement which
3 announces the availability of endodontics, pediatric
4 dentistry, periodontics, prosthodontics, orthodontics and
5 dentofacial orthopedics, or oral and maxillofacial
6 surgery by a general dentist or by a licensed specialist
7 who is not licensed in that specialty shall include a
8 disclaimer stating that the dentist does not hold a
9 license in that specialty.
10 (C) It is unlawful for any dentist licensed under this
11 Act:
12 (1) To use testimonials or claims of superior
13 quality of care to entice the public;
14 (2) To advertise in any way to practice dentistry
15 without causing pain;
16 (3) To pay a fee to any dental referral service or
17 other third party who advertises a dental referral
18 service, unless all advertising of the dental referral
19 service makes it clear that dentists are paying a fee for
20 that referral service; or
21 (4) To advertise or offer gifts as an inducement to
22 secure dental patronage. Dentists may advertise or offer
23 free examinations or free dental services; it shall be
24 unlawful, however, for any dentist to charge a fee to any
25 new patient for any dental service provided at the time
26 that such free examination or free dental services are
27 provided.
28 (D) This Act does not authorize the advertising of
29 dental services when the offeror of such services is not a
30 dentist. Nor shall the dentist use statements which contain
31 false, fraudulent, deceptive or misleading material or
32 guarantees of success, statements which play upon the vanity
33 or fears of the public, or statements which promote or
34 produce unfair competition.
-4- LRB9102554ACtmA
1 (E) A licensee shall include in every advertisement for
2 services regulated under this Act his or her title as it
3 appears on the license and the highest academic degree
4 earned.
5 (F) A dentist shall be required to keep a copy of all
6 advertisements for a period of 3 years. All advertisements
7 in the dentist's possession shall indicate the accurate date
8 and place of publication.
9 (G) The Department shall adopt rules to carry out the
10 intent of this Section.
11 (Source: P.A. 88-635, eff. 1-1-95; 89-80, eff. 6-30-95;
12 89-116, eff. 7-7-95.)
13 Section 20. The Dietetic and Nutrition Services Practice
14 Act is amended by changing Section 80 as follows:
15 (225 ILCS 30/80) (from Ch. 111, par. 8401-80)
16 Sec. 80. Use of title; advertising.
17 (a) Only a person who is issued a license as a dietitian
18 under this Act may use the words "licensed dietitian" or the
19 letters "L.D." in connection with his or her name. A person
20 who meets the additional criteria for registration by the
21 Commission on Dietetic Registration for the American Dietetic
22 Association may assume or use the title or designation
23 "Registered Dietitian" or "Registered Dietician", or use the
24 letters "R.D." or any words, letters, abbreviations, or
25 insignia indicating that the person is a registered
26 dietitian.
27 (b) Only a person who is issued a license as a nutrition
28 counselor under the terms of this Act may use the letters
29 "L.N.C." or the words "licensed nutrition counselor" in
30 connection with his or her name.
31 (c) A licensee shall include in every advertisement for
32 services regulated under this Act his or her title as it
-5- LRB9102554ACtmA
1 appears on the license and the highest academic degree
2 earned.
3 (Source: P.A. 87-784.)
4 Section 25. The Medical Practice Act of 1987 is amended
5 by changing Section 26 as follows:
6 (225 ILCS 60/26) (from Ch. 111, par. 4400-26)
7 Sec. 26. Advertising.
8 (1) Any person licensed under this Act may advertise the
9 availability of professional services in the public media or
10 on the premises where such professional services are
11 rendered. Such advertising shall be limited to the following
12 information:
13 (a) Publication of the person's name, title, office
14 hours, address and telephone number;
15 (b) Information pertaining to the person's areas of
16 specialization, including appropriate board certification
17 or limitation of professional practice;
18 (c) Information on usual and customary fees for
19 routine professional services offered, which information
20 shall include, notification that fees may be adjusted due
21 to complications or unforeseen circumstances;
22 (d) Announcement of the opening of, change of,
23 absence from, or return to business;
24 (e) Announcement of additions to or deletions from
25 professional licensed staff;
26 (f) The issuance of business or appointment cards.
27 (2) It is unlawful for any person licensed under this
28 Act to use testimonials or claims of superior quality of care
29 to entice the public. It shall be unlawful to advertise fee
30 comparisons of available services with those of other persons
31 licensed under this Act.
32 (3) This Act does not authorize the advertising of
-6- LRB9102554ACtmA
1 professional services which the offeror of such services is
2 not licensed to render. Nor shall the advertiser use
3 statements which contain false, fraudulent, deceptive or
4 misleading material or guarantees of success, statements
5 which play upon the vanity or fears of the public, or
6 statements which promote or produce unfair competition.
7 (4) 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 and the highest academic degree
10 earned, including the appropriate M.D., D.O., or D.C. degree
11 earned.
12 (Source: P.A. 85-4.)
13 Section 30. The Naprapathic Practice Act is amended by
14 changing Section 100 as follows:
15 (225 ILCS 63/100)
16 Sec. 100. Advertising.
17 (a) Any person licensed under this Act may advertise the
18 availability of professional services in the public media or
19 on the premises where professional services are rendered if
20 the advertising is truthful and not misleading and is in
21 conformity with any rules promulgated by the Department.
22 (b) A licensee shall include in every advertisement for
23 services regulated under this Act his or her title as it
24 appears on the license and the highest academic degree
25 earned.
26 (Source: P.A. 89-61, eff. 6-30-95.)
27 Section 35. The Nursing and Advanced Practice Nursing
28 Act is amended by changing Sections 10-5 and 15-40 as
29 follows:
30 (225 ILCS 65/10-5)
-7- LRB9102554ACtmA
1 Sec. 10-5. Prohibited acts. No person shall:
2 (a) Practice professional nursing without a valid
3 license as a registered professional nurse except as provided
4 in paragraphs (i) and (j) of Section 5-15 of this Act;
5 (b) Practice practical nursing without a valid license
6 as a licensed practical nurse; or practice practical nursing
7 other than under the direction of a licensed physician,
8 licensed dentist, or registered professional nurse; except as
9 provided in paragraphs (g), (h), and (j) of Section 5-15 of
10 this Act;
11 (c) Practice nursing under cover of any diploma,
12 license, or record illegally or fraudulently obtained or
13 signed or issued unlawfully or under fraudulent
14 representation;
15 (d) Practice nursing during the time her or his license
16 is suspended, revoked, expired or on inactive status;
17 (e) Use any words, abbreviations, figures, letters,
18 title, sign, card, or device tending to imply that she or he
19 is a registered professional nurse, including the titles or
20 initials, "Registered Nurse," "Professional Nurse,"
21 "Registered Professional Nurse," "Certified Nurse," "Trained
22 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
23 similar titles or initials with intention of indicating
24 practice without a valid license as a registered professional
25 nurse;
26 (f) Use any words, abbreviations figures, letters,
27 title, sign, card, or device tending to imply that she or he
28 is a licensed practical nurse including the titles or
29 initials "Practical Nurse," "Licensed Practical Nurse,"
30 "P.N.," or "L.P.N.," or similar titles or initials with
31 intention of indicated practice as a licensed practical nurse
32 without a valid license as a licensed practical nurse under
33 this Act;
34 (f-5) Advertise services regulated under this Act
-8- LRB9102554ACtmA
1 without including in every advertisement his or her title as
2 it appears on the license and the highest academic degree
3 earned;
4 (g) Obtain or furnish a license by or for money or any
5 other thing of value other than the fees required by Section
6 20-35, or by any fraudulent representation or act;
7 (h) Make any wilfully false oath or affirmation required
8 by this Act;
9 (i) Conduct a nursing education program preparing
10 persons for licensure that has not been approved by the
11 Department;
12 (j) Represent that any school or course is approved or
13 accredited as a school or course for the education of
14 registered professional nurses or licensed practical nurses
15 unless such school or course is approved by the Department
16 under the provisions of this Act;
17 (k) Attempt or offer to do any of the acts enumerated in
18 this Section, or knowingly aid, abet, assist in the doing of
19 any such acts or in the attempt or offer to do any of such
20 acts;
21 (l) Seek employment as a registered professional nurse
22 under the terms of paragraphs (i) and (j) of Section 5-15 of
23 this Act without possessing a written authorization which has
24 been issued by the Department or designated testing service
25 and which evidences the filing of the written application
26 referred to in paragraphs (i) and (j) of Section 5-15 of this
27 Act;
28 (m) Seek employment as a licensed practical nurse under
29 the terms of paragraphs (g) and (h) of Section 5-15 of this
30 Act without possessing a written authorization which has been
31 issued by the Department or designated testing service and
32 which evidences the filing of the written application
33 referred to in paragraphs (g) and (h) of Section 5-15 of this
34 Act;
-9- LRB9102554ACtmA
1 (n) Employ or utilize persons not licensed under this
2 Act to practice professional nursing or practical nursing;
3 and
4 (o) Otherwise intentionally violate any provision of
5 this Act.
6 Any person, including a firm, association or corporation
7 who violates any provision of this Section shall be guilty of
8 a Class A misdemeanor.
9 (Source: P.A. 90-742, eff. 8-13-98.)
10 (225 ILCS 65/15-40)
11 Sec. 15-40. Advertising.
12 (a) A person licensed under this Title may advertise the
13 availability of professional services in the public media or
14 on the premises where the professional services are rendered.
15 The advertising shall be limited to the following
16 information:
17 (1) publication of the person's name, title, office
18 hours, address, and telephone number;
19 (2) information pertaining to the person's areas of
20 specialization, including but not limited to appropriate
21 board certification or limitation of professional
22 practice;
23 (3) publication of the person's collaborating
24 physician's name, title, and areas of specialization;
25 (4) information on usual and customary fees for
26 routine professional services offered, which shall
27 include notification that fees may be adjusted due to
28 complications or unforeseen circumstances;
29 (5) announcements of the opening of, change of,
30 absence from, or return to business;
31 (6) announcement of additions to or deletions from
32 professional licensed staff; and
33 (7) the issuance of business or appointment cards.
-10- LRB9102554ACtmA
1 (b) It is unlawful for a person licensed under this
2 Title to use testimonials or claims of superior quality of
3 care to entice the public. It shall be unlawful to advertise
4 fee comparisons of available services with those of other
5 licensed persons.
6 (c) This Title does not authorize the advertising of
7 professional services that the offeror of the services is not
8 licensed or authorized to render. Nor shall the advertiser
9 use statements that contain false, fraudulent, deceptive, or
10 misleading material or guarantees of success, statements that
11 play upon the vanity or fears of the public, or statements
12 that promote or produce unfair competition.
13 (d) It is unlawful and punishable under the penalty
14 provisions of this Act for a person licensed under this Title
15 to knowingly advertise that the licensee will accept as
16 payment for services rendered by assignment from any third
17 party payor the amount the third party payor covers as
18 payment in full, if the effect is to give the impression of
19 eliminating the need of payment by the patient of any
20 required deductible or copayment applicable in the patient's
21 health benefit plan.
22 (d-5) A licensee shall include in every advertisement for
23 services regulated under this Act his or her title as it
24 appears on the license and the highest academic degree
25 earned.
26 (e) As used in this Section, "advertise" means
27 solicitation by the licensee or through another person or
28 entity by means of handbills, posters, circulars, motion
29 pictures, radio, newspapers, or television or any other
30 manner.
31 (Source: P.A. 90-742, eff. 8-13-98.)
32 Section 40. The Illinois Occupational Therapy Practice
33 Act is amended by changing Section 18 as follows:
-11- LRB9102554ACtmA
1 (225 ILCS 75/18) (from Ch. 111, par. 3718)
2 Sec. 18. Advertising.
3 (a) Any person licensed under this Act may advertise the
4 availability of professional services in the public media or
5 on the premises where such professional services are rendered
6 as permitted by law, on the condition that such advertising
7 is truthful and not misleading and is in conformity with
8 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 and the highest academic degree
12 earned.
13 (Source: P.A. 83-696.)
14 Section 45. The Illinois Optometric Practice Act of 1987
15 is amended by changing Section 22 as follows:
16 (225 ILCS 80/22) (from Ch. 111, par. 3922)
17 Sec. 22. Advertising.
18 (a) Any person licensed under this Act may advertise the
19 availability of professional services in the public media or
20 on the premises where such professional services are rendered
21 provided that such advertising is truthful and not misleading
22 and is in conformity with rules promulgated by the
23 Department.
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 and the highest academic degree
27 earned.
28 (Source: P.A. 85-896.)
29 Section 50. The Pharmacy Practice Act of 1987 is amended
30 by adding Section 5.7 as follows:
-12- LRB9102554ACtmA
1 (225 ILCS 85/5.7 new)
2 Sec. 5.7. Advertising services. A licensee shall include
3 in every advertisement for services regulated under this Act
4 his or her title as it appears on the license and the highest
5 academic degree earned.
6 Section 55. The Illinois Physical Therapy Act is amended
7 by adding Section 16.5 as follows:
8 (225 ILCS 90/16.5 new)
9 Sec. 16.5. Advertising services. A licensee shall
10 include in every advertisement for services regulated under
11 this Act his or her title as it appears on the license and
12 the highest academic degree earned.
13 Section 60. The Physician Assistant Practice Act of 1987
14 is amended by changing Section 6 as follows:
15 (225 ILCS 95/6) (from Ch. 111, par. 4606)
16 Sec. 6. Title; advertising billing.
17 (a) No physician assistant shall use the title of doctor
18 or associate with his or her name or any other term that
19 would indicate to other persons that he or she is qualified
20 to engage in the general practice of medicine.
21 (b) A licensee shall include in every advertisement for
22 services regulated under this Act his or her title as it
23 appears on the license and the highest academic degree
24 earned.
25 (c) A physician assistant shall not be allowed to bill
26 patients or in any way to charge for services. Nothing in
27 this Act, however, shall be so construed as to prevent the
28 employer of a physician assistant from charging for services
29 rendered by the physician assistant. Payment for services
30 rendered by a physician assistant shall be made to his or her
-13- LRB9102554ACtmA
1 employer if the payor would have made payment had the
2 services been provided by a physician licensed to practice
3 medicine in all its branches.
4 (d) The supervising physician shall file with the
5 Department notice of employment, discharge, or supervisory
6 control of a physician assistant at the time of employment,
7 discharge, or assumption of supervisory control of a
8 physician assistant.
9 (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
10 90-655, eff. 7-30-98.)
11 Section 65. The Podiatric Medical Practice Act of 1987
12 is amended by changing Section 21 as follows:
13 (225 ILCS 100/21) (from Ch. 111, par. 4821)
14 Sec. 21. Advertising.
15 (A) Any podiatric physician may advertise the
16 availability of podiatric medical services in the public
17 media or on the premises where such services are rendered.
18 Such advertising shall be limited to the following
19 information:
20 (a) the podiatric medical services available;
21 (b) publication of the podiatric physician's name,
22 title, office hours, address and telephone;
23 (c) information pertaining to areas of practice
24 specialization, including appropriate board certification
25 as approved by the Board in accordance with the rules for
26 the administration of this Act or limitation of
27 professional practice;
28 (d) information on usual and customary fees for
29 routine podiatric medical services offered, which
30 information shall include notification that fees may be
31 adjusted due to complications or unforeseen
32 circumstances;
-14- LRB9102554ACtmA
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 podiatric staff;
5 (g) the issuance of business or appointment cards;
6 (h) other information about the podiatric
7 physician, podiatric practice or the types of podiatric
8 services that the podiatric physician offers to perform
9 that a reasonable person might regard as relevant in
10 determining whether to seek the podiatric physician's
11 services.
12 (B) It is unlawful for any podiatric physician licensed
13 under this Act:
14 (1) to use testimonials or claims of superior
15 quality of care to entice the public;
16 (2) to advertise in any way to practice podiatric
17 medicine without causing pain or deformity; or
18 (3) to advertise or offer gifts as an inducement to
19 secure patient patronage. Podiatric physicians may
20 advertise or offer free examinations or free podiatric
21 medical services; it shall be unlawful, however, for any
22 podiatric physician to charge a fee to any patient or any
23 third party payor for any podiatric medical service
24 provided at the time that such free examination or free
25 podiatric medical services are provided.
26 (C) This Act does not authorize the advertising of
27 podiatric medical services when the offeror of such services
28 is not a podiatric physician. Nor shall the podiatric
29 physician use statements that contain false, fraudulent,
30 deceptive or misleading material or guarantees of success,
31 statements that play upon the vanity or fears of the public,
32 or statements that promote or produce unfair competition.
33 (D) A licensee shall include in every advertisement for
34 services regulated under this Act his or her title as it
-15- LRB9102554ACtmA
1 appears on the license and the highest academic degree
2 earned.
3 (Source: P.A. 90-76, eff. 12-30-97.)
4 Section 70. The Respiratory Care Practice Act is
5 amended by changing Section 60 as follows:
6 (225 ILCS 106/60)
7 Sec. 60. Professional identification; advertising.
8 (a) A person who is licensed with the Department of
9 Professional Regulation in this State may use the title,
10 "respiratory care practitioner" and the abbreviation "RCP".
11 (b) A licensee shall include in every advertisement for
12 services regulated under this Act his or her title as it
13 appears on the license and the highest academic degree
14 earned.
15 (Source: P.A. 89-33, eff. 1-1-96; revised 10-31-98.)
16 Section 75. The Illinois Speech-Language Pathology and
17 Audiology Practice Act is amended by adding Section 31a as
18 follows:
19 (225 ILCS 110/31a new)
20 Sec. 31a. Advertising services. A licensee shall include
21 in every advertisement for services regulated under this Act
22 his or her title as it appears on the license and the highest
23 academic degree earned.
24 Section 80. The Emergency Medical Services (EMS) Systems
25 Act is amended by changing Section 3.55 as follows:
26 (210 ILCS 50/3.55)
27 Sec. 3.55. Scope of practice.
28 (a) Any person currently licensed as an EMT-B, EMT-I, or
-16- LRB9102554ACtmA
1 EMT-P may perform emergency and non-emergency medical
2 services as defined in this Act, in accordance with his or
3 her level of education, training and licensure, the standards
4 of performance and conduct prescribed by the Department in
5 rules adopted pursuant to this Act, and the requirements of
6 the EMS System in which he or she practices, as contained in
7 the approved Program Plan for that System.
8 (a-5) A person currently approved as a First Responder
9 or licensed as an EMT-B, EMT-I, or EMT-P who has successfully
10 completed a Department approved course in automated
11 defibrillator operation and who is functioning within a
12 Department approved EMS System may utilize such automated
13 defibrillator according to the standards of performance and
14 conduct prescribed by the Department in rules adopted
15 pursuant to this Act and the requirements of the EMS System
16 in which he or she practices, as contained in the approved
17 Program Plan for that System.
18 (b) A person currently licensed as an EMT-B, EMT-I, or
19 EMT-P may only practice as an EMT or utilize his or her EMT
20 license in pre-hospital or inter-hospital emergency care
21 settings or non-emergency medical transport situations, under
22 the written or verbal direction of the EMS Medical Director.
23 For purposes of this Section, a "pre-hospital emergency care
24 setting" may include a location, that is not a health care
25 facility, which utilizes EMTs to render pre-hospital
26 emergency care prior to the arrival of a transport vehicle.
27 The location shall include communication equipment and all of
28 the portable equipment and drugs appropriate for the EMT's
29 level of care, as required by this Act, rules adopted by the
30 Department pursuant to this Act, and the protocols of the EMS
31 Systems, and shall operate only with the approval and under
32 the direction of the EMS Medical Director.
33 This Section shall not prohibit an EMT-B, EMT-I, or EMT-P
34 from practicing within an emergency department or other
-17- LRB9102554ACtmA
1 health care setting for the purpose of receiving continuing
2 education or training approved by the EMS Medical Director.
3 This Section shall also not prohibit an EMT-B, EMT-I, or
4 EMT-P from seeking credentials other than his or her EMT
5 license and utilizing such credentials to work in emergency
6 departments or other health care settings under the
7 jurisdiction of that employer.
8 (c) A person currently licensed as an EMT-B, EMT-I, or
9 EMT-P may honor Do Not Resuscitate (DNR) orders and powers of
10 attorney for health care only in accordance with rules
11 adopted by the Department pursuant to this Act and protocols
12 of the EMS System in which he or she practices.
13 (d) A student enrolled in a Department approved
14 emergency medical technician program, while fulfilling the
15 clinical training and in-field supervised experience
16 requirements mandated for licensure or approval by the System
17 and the Department, may perform prescribed procedures under
18 the direct supervision of a physician licensed to practice
19 medicine in all of its branches, a qualified registered
20 professional nurse or a qualified EMT, only when authorized
21 by the EMS Medical Director.
22 (e) An EMT-B, EMT-I, or EMT-P licensed under this Act
23 shall include in every advertisement for services regulated
24 under this Act his or her title as it appears on the license
25 and the highest academic degree earned.
26 (Source: P.A. 89-177, eff. 7-19-95; 90-440, eff. 1-1-98.)
27 Section 99. This Act takes effect 90 days after becoming
28 law.