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| Public Act 096-1340 | ||||
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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 | ||||
in Health Care Professional Services Act. | ||||
Section 5. Purpose. The General Assembly hereby finds and | ||||
declares that:
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(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.
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(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.
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(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.
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Section 10. Definitions.
For purposes of this Act:
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"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.
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"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.
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"Health care professional" means any person who treats | ||
human ailments and is subject to licensure or regulation by the | ||
State, including students and residents.
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"Licensee" means a health care professional who holds an | ||
active license with the licensing board governing his or her | ||
practice in this State.
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Section 15. Requirements.
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(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.
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(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:
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(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.
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(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.
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(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.
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(a) Failure to comply with any provision under this Section | ||
shall constitute a violation under this Act.
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(b) Each day this Act is violated shall constitute a | ||
separate offense and shall be punishable as such.
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(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.
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Section 99. Effective date. This Act takes effect July 1, | ||
2010.
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