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91_HB1441eng HB1441 Engrossed 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.) HB1441 Engrossed -2- LRB9102554ACtmA 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 HB1441 Engrossed -3- LRB9102554ACtmA 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 HB1441 Engrossed -4- LRB9102554ACtmA 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; HB1441 Engrossed -5- LRB9102554ACtmA 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 HB1441 Engrossed -6- LRB9102554ACtmA 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 HB1441 Engrossed -7- LRB9102554ACtmA 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 HB1441 Engrossed -8- LRB9102554ACtmA 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 authoritzed under this 31 Act. 32 (Source: P.A. 83-696.) HB1441 Engrossed -9- LRB9102554ACtmA 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 HB1441 Engrossed -10- LRB9102554ACtmA 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 HB1441 Engrossed -11- LRB9102554ACtmA 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, HB1441 Engrossed -12- LRB9102554ACtmA 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.