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Illinois Physical Therapy Advertising

"Advertise" means solicitation by the licensee or through another by means of handbills, posters, circulars, motion pictures, radio, newspapers, or television or in any other manner.

What must be included in the advertisement?

A licensee shall include in every advertisement for PT services, his or her title as it appears on the license or the initials authorized under this Act.

What may be included?

Information which may be contained in advertising shall include, but not be limited to:

    • Licensee's name, address, office hours and telephone number;
    • Schools attended;
    • Announcement of additions to or deletions from professional staff;
    • Announcement of the opening of, change of, or return to practice;
    • Professional memberships;
    • Credit arrangements and/or acceptance of Medicare/Medicaid patients and credit cards;
    • Foreign language ability;
    • Usual and customary fees for routine professional services which must include a statement that fees may be adjusted due to complications or unforeseen circumstances; and
    • Description of offices in which licensee practices, e.g., accessibility to the disabled, convenience of parking.

What cannot be included in the advertisement?

Information which may be untruthful, fraudulent, deceptive or misleading includes, but is not limited to, that which:

    • Contains an offer to treat patients independent of referrals or a current and relevant diagnosis from a physician, dentist or podiatrist;
    • Contains a misrepresentation of fact or omits a material fact required to prevent deception;
    • Guarantees favorable results or creates false or unjustified expectations of favorable results;
    • Takes advantage of the potential client's fears, anxieties, vanities, or other emotions;
    • Contains testimonials and/or exaggerations pertaining to the quality of physical therapy care;
    • Describes as available products or services which are not permitted by the laws of this State or applicable Federal laws; and
    • Advertises professional services which the licensee is not licensed to render

It is unlawful for any person to use claims of superior quality of care to entice the public.

It shall be unlawful to advertise fee comparisons of available services with other physical therapy practices.

It is unlawful for any licensed person under 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.

What is considered to be advertising misconduct?

Advertising or soliciting for patronage in a manner that is fraudulent or misleading.  Examples of advertising or soliciting which is considered fraudulent or misleading shall include, but not be limited to:

    • Advertising by means of testimonials, anecdotal reports of physical therapy practice successes or claims of superior quality of care to entice the public; or
    • Advertising which contains false, fraudulent, deceptive or misleading materials, warranties or guarantees of success, statements which play upon vanities or fears of the public or statements which promote or produce unfair competition.

Do I need to keep a record of the ad?

If an advertisement is communicated to the public over television or radio, it shall be prerecorded and approved for broadcast by the licensee and a recording of the actual transmission, including videotape, shall be retained by the licensee for three (3) years.

Citation

225 ILCS 90/16.5

68 Ill. Admin. Code § 1340.65

68 Ill. Admin. Code § 1340.66


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