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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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