SB3509 96TH GENERAL ASSEMBLY

LRB096 19788 ASK 35228 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3509

Introduced 2/10/2010, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

New Act

Creates the Truth in Health Care Professional Services Act. Requires an advertisement for health care services that names a health care professional to identify the type of license held pursuant to the definitions under his or her licensing Act. Provides that the advertisement shall be free from any and all deceptive or misleading information. Requires a health care professional providing health care services in the State to conspicuously post and affirmatively communicate the professional's specific licensure as required under the Act, with certain exceptions. Provides that any health care professional, third party contracted to collect fees on behalf of the health care professional, the health care professional's employer, or other entity contracting with the health care professional who violates any provision under the Act is guilty of unprofessional conduct and subject to disciplinary action under the appropriate provisions of the specific Act governing that health care profession. Sets forth other provisions concerning violations and enforcement of the Act. Defines "advertisement", "deceptive" and "misleading", "health care professional", and "licensee". Effective July 1, 2010.

A BILL FOR

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. 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. The name tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent; and

(2) 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.

(3) The health care professional must only use the licensure titles or initials authorized by his or her licensing Act or 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.

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, third party contracted to collect fees on behalf of the health care professional, the health care professional's employer, or other entity contracting with the health care professional, who violates any provision under 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.