Public Act 096-1340
 
SB3509 EnrolledLRB096 19788 ASK 35228 b


  
    AN ACT concerning professional regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the Truth 
in Health Care Professional Services Act.
 
    Section 5. Purpose.  The General Assembly hereby finds and 
declares that:

    (a)  There are widespread differences regarding the 
training and qualifications required to earn the professional 
degrees.  These differences often concern the training and 
skills necessary to correctly detect, diagnose, prevent, and 
treat illness or health care conditions.

    (b)  There is a compelling State interest in patients being 
promptly and clearly informed of the training and 
qualifications of the health care professionals who provide 
health care services.

    (c)  There is a compelling State interest in the public 
being protected from potentially misleading and deceptive 
health care advertising that might cause patients to have undue 
expectations regarding their treatment and outcome.

 
    Section 10. Definitions.
For purposes of this Act:

    "Advertisement" denotes any communication or statement, 
whether printed, electronic, or oral, that names the health 
care professional in relation to his or her practice, 
profession, or institution in which the individual is employed, 
volunteers, or otherwise provides health care services.  This 
includes business cards, letterhead, patient brochures, 
e-mail, Internet, audio, and video, and any other communication 
or statement used in the course of business.

    "Deceptive" or "misleading" includes, but is not limited 
to, any advertisement or affirmative communication or 
representation for health care services that misstates, 
falsely describes, or falsely represents the health care 
professional's skills, training, expertise, education, board 
certification, or licensure.

    "Health care professional" means any person who treats 
human ailments and is subject to licensure or regulation by the 
State, including students and residents.

    "Licensee" means a health care professional who holds an 
active license with the licensing board governing his or her 
practice in this State.

 
    Section 15. Requirements.

    (a)  An advertisement for health care services must identify 
the type of license held by the health care professional 
advertising or providing services pursuant to the definitions, 
titles, and initials authorized under his or her licensing Act 
or examination designations required for licensure under his or 
her licensing Act.  The advertisement shall be free from any and 
all deceptive or misleading information.

    (b)  A health care professional providing health care 
services in this State must conspicuously post and 
affirmatively communicate the professional's specific 
licensure by doing the following:

        (1)  The health care professional shall wear a name tag 
    during all patient encounters that clearly identifies the 
    type of license held by the health care professional, 
    unless precluded by adopted sterilization or isolation 
    protocols.  The name tag shall be of sufficient size and be 
    worn in a conspicuous manner so as to be visible and 
    apparent;
        (2)    If the health care professional has an office in 
    which he or she sees current or prospective patients, then 
    the health care professional shall display in his or her 
    office a writing that clearly identifies the type of 
    license held by the health care professional.  The writing 
    must be of sufficient size so as to be visible and apparent 
    to all current and prospective patients; and
        (3) The health care professional must only use the 
    licensure titles or initials authorized by his or her 
    licensing Act, examination designations required for 
    licensure under his or her licensing Act, or the titles 
    authorized by the professional licensing Act for students 
    in training.
    A health care professional who practices in more than one 
office shall comply with these requirements in each practice 
setting.

    (c)  Health care professionals working in non-patient care 
settings, and who do not have any direct patient care 
interactions, are not subject to the provisions of subsection 
(b) of this Section.

    (d) Under this Section, a health care professional who is a  
student or resident and does not have a state license shall 
only be required to wear a name tag that clearly identifies 
himself or herself by name and as a student or resident, as 
authorized by the professional licensing Act.
 
    Section 20. Violations and enforcement.

    (a)  Failure to comply with any provision under this Section 
shall constitute a violation under this Act.

    (b)  Each day this Act is violated shall constitute a 
separate offense and shall be punishable as such.

    (c)  Any health care professional who violates any provision 
of this Act is guilty of unprofessional conduct and subject to 
disciplinary action under the appropriate provisions of the 
specific Act governing that health care profession.
 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
 
    Section 99. Effective date. This Act takes effect July 1, 
2010.