Public Act 102-0880
 
SB4016 EnrolledLRB102 24652 AMQ 33891 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Regulatory Sunset Act is amended  by 
changing Sections 4.33 and 4.38 as follows:
 
    (5 ILCS 80/4.33)
    Sec. 4.33. Acts repealed on January 1,
2023. The following 
Acts are

repealed on January 1, 2023:
    The Dietitian Nutritionist Practice Act. 
    The Elevator Safety and Regulation Act. 

    The Fire Equipment Distributor and Employee Regulation Act 
of 2011. 
    The Funeral Directors and Embalmers Licensing Code.
    The Naprapathic Practice Act. 
    The Pharmacy Practice Act. 
    The Professional Counselor and Clinical Professional 
Counselor
Licensing and Practice Act. 
    The Wholesale Drug Distribution Licensing Act. 
(Source: P.A. 101-621, eff. 12-20-19.)
 
    (5 ILCS 80/4.38)
    Sec. 4.38. Acts repealed on January 1, 2028. The following 
Acts are repealed on January 1, 2028:
    The Acupuncture Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Home Medical Equipment and Services Provider License 
Act.
    The Illinois Petroleum Education and Marketing Act.
    The Illinois Speech-Language Pathology and Audiology 
Practice Act.
    The Interpreter for the Deaf Licensure Act of 2007.
    The Naprapathic Practice Act. 
    The Nurse Practice Act.
    The Nursing Home Administrators Licensing and Disciplinary 
Act. 
    The Physician Assistant Practice Act of 1987.
    The Podiatric Medical Practice Act of 1987. 

(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; 
100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. 
8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; 
100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
    Section 10. The Naprapathic Practice Act is amended  by 
changing Sections 10, 15, 17, 57, 110, 125, 145, 150, 155, 165, 
and 190 and  by adding Sections 11 and 36 as follows:
 



    (225 ILCS 63/10)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 10. Definitions. In this Act:

    "Address of record" means the designated address recorded 
by the Department in the applicant's or licensee's application 
file or license file as maintained by the Department's 
licensure maintenance unit.  It is the duty of the applicant or 
licensee to inform the Department of any change of address and 
those changes must be made either through the Department's 
website or by contacting the Department. 
    "Board" means the Board of Naprapathy appointed by the 
Secretary. 
    "Email address of record" means the designated email 
address recorded by the Department in the applicant's 
application file or the licensee's license file, as maintained 
by the Department's licensure maintenance unit. 
    "Naprapath" means a person who practices Naprapathy and 
who has met all
requirements as provided in the Act.

    "Department" means the Department of Financial and 
Professional Regulation.

    "Secretary" means the Secretary of the Department of 
Financial and Professional Regulation.


    "Referral" means the following of guidance or direction to 
the naprapath
given by the licensed physician, dentist, or 
podiatric physician who maintains
supervision of the patient.

    "Documented current and relevant diagnosis" means a 
diagnosis, substantiated
by signature or oral verification of 
a licensed physician, dentist, or
podiatric physician, that a 
patient's condition is such that it may be treated by

naprapathy as defined in this Act, which diagnosis shall 
remain in effect until
changed by the licensed physician, 
dentist, or podiatric physician.

(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13.)

 
    (225 ILCS 63/11 new)
    Sec. 11. Address of record; email address of record. All 
applicants and licensees shall:
        (1)   provide a valid address and email address to    the 
    Department, which shall serve as the address of record and 
    email address of record, respectively, at the time of 
    application for licensure or renewal of a license; and
        (2)   inform the Department of any change of
    address of 
    record or email address of record within 14 days after 
    such change either through the Department's website or by 
    contacting the Department's licensure maintenance unit. 
 



    (225 ILCS 63/15)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 15. Practice of naprapathy defined; referrals. 
Naprapathic practice
means the identification, evaluation, and 
treatment evaluation of persons with connective tissue 
disorders through the
use of naprapathic case history and 
palpation or treatment of persons by the
use of connective 
tissue manipulation, therapeutic and rehabilitative exercise,

postural counseling, nutritional counseling, and the use of 
the effective
properties of physical measures of heat, cold, 
light, water, radiant energy,
electricity, sound and air, and 
assistive devices for the purpose of
preventing, correcting, 
or alleviating a physical disability.

    Naprapathic practice includes, but is not limited to, the 
treatment of
contractures, muscle spasms, inflammation, scar 
tissue formation,
adhesions, lesions, laxity, hypotonicity, 
rigidity, structural imbalance,
bruising, contusions, muscular 
atrophy, and partial separation of
connective tissue fibers.

    Naprapathic practice also includes: (a) performance of 
specialized tests
and measurements, (b) administration of 
specialized treatment procedures,
(c) interpretation of 
referrals from licensed physicians, dentists, and podiatric 
physicians, (d) establishment and modification of naprapathic 
treatment
programs, and (e) supervision or teaching of 
naprapathy.

    Naprapathic practice does not include radiology, surgery, 
pharmacology, or
invasive diagnostic testing, or determination 
of a differential diagnosis;
provided, however, the limitation 
on determining a differential diagnosis
shall not in any 
manner limit a naprapath licensed under this Act from

performing an evaluation authorized under this Act. A 
naprapath licensed under
this Act who is not also licensed as a 
physical therapist under the Illinois
Physical Therapy Act 
shall not hold himself or herself out as qualified to
provide 
physical therapy or physiotherapy services. Nothing in this 
Section
shall limit a naprapath from employing appropriate 
naprapathic techniques
that he or she is educated and licensed 
to perform. A naprapath shall refer
to a licensed physician, 
dentist, or podiatric physician any patient whose medical

condition should, at the time of evaluation or treatment, be 
determined to be
beyond the scope of practice of the 
naprapath. A naprapath shall order additional screening if the 
patient does not demonstrate measurable or functional 
improvement after 6 visits and continued improvement 
thereafter.   A naprapath shall refer a patient to the patient's 
treating health care professional of record or, in the case 
where there is no health care professional of record, to a 
health care professional of the patient's choice, if the 
patient's condition, at the time of evaluation or services, is 
determined to be beyond the scope of practice of the 
naprapath. 

(Source: P.A. 98-214, eff. 8-9-13.)

 



    (225 ILCS 63/17)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 17. Educational and professional qualifications for 
licensure. A person may be qualified to receive a license as a 
naprapath if he
or she:


        (1) is at least 21 18 years of age and of good moral 
    character;


        (2) for licenses granted on or before December 31, 
    2027, has graduated from a 2-year 2 year college level 
    program or its
equivalent approved by the Department;

        (2.5) for licenses granted on or after January 1, 
    2028, has graduated from a 4-year college level program or 
    its equivalent approved by the Department; 

        (3) has graduated from a curriculum in naprapathy 
    approved by the
Department.  In approving a curriculum in 
    naprapathy, the Department shall
consider, but not be 
    bound by, a curriculum approved by the American

    Naprapathic Association, the Illinois Naprapathic 
    Association, or a national or regional accrediting body 
    recognized by the United States Department of Education;


        (4) has passed an examination approved by the 
    Department to
determine a person's fitness to practice as 
    a naprapath; and


        (5) has met all other requirements of the Act.

    The Department has the right and may request a personal 
interview with an
applicant to further evaluate a person's 
qualifications
for a license.

(Source: P.A. 97-778, eff. 7-13-12.)

 
    (225 ILCS 63/36 new)
    Sec. 36. Board of Naprapathy.  The Secretary shall appoint 
a Board of Naprapathy  to consist of 7 persons who shall serve 
in an advisory capacity to the Secretary. Four members must 
hold an active license to engage in the practice of 
naprapathy, one member shall be a  physician licensed under the 
Medical Practice Act of 1987, one member shall be an 
acupuncturist licensed under the Acupuncture Practice Act, and 
one member of the public.
    Members shall serve 4-year terms and until their 
successors are appointed and qualified. No member may be 
appointed to more than 2 consecutive full terms. Appointments 
to fill vacancies shall be made in the same manner as original 
appointments for the unexpired portion of the vacated term. 
Initial terms shall begin upon the effective date  of this 
amendatory Act of the 102nd General Assembly. 
    The Board may annually elect a chairperson and a 
vice-chairperson who shall preside in the absence of the 
chairperson. The membership of the Board shall reasonably 
reflect the demographic diversity of the State as well as 
representation from the geographic areas in this State. The 
Secretary may terminate the appointment of any member for 
cause. The Secretary may give due consideration to all 
recommendations of the Board. A majority of the Board members 
currently appointed shall constitute a quorum.  A vacancy in 
the membership of the Board shall not impair the right of a 
quorum to exercise the right and perform all duties of the 
Board. Members of the Board shall have no liability in any 
action based upon any disciplinary proceeding or other 
activity performed in good faith as a member of the Board. 
 



    (225 ILCS 63/57)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 57. Social Security Number on license application. In 
addition
to any other information required to be contained in 
the application, every
application for an original, renewal, 
reinstated, or restored license under
this
Act shall include 
the applicant's Social Security Number, which shall be 
retained in the agency's records pertaining to the license. As 
soon as practical, the Department shall assign a customer's 
identification number to each applicant for a license. 

    Every application for a renewal or restored license shall 
require the applicant's customer identification number. 
(Source: P.A. 97-400, eff. 1-1-12; 97-778, eff. 7-13-12.)

 



    (225 ILCS 63/110)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 110. Grounds for disciplinary action; refusal, 
revocation,
suspension.
    (a) The Department may refuse to issue or to renew, or may 
revoke, suspend,
place on probation, reprimand or take other 
disciplinary or non-disciplinary action as
the
Department may 
deem appropriate, including imposing fines not to exceed 
$10,000 for each
violation, with regard to any licensee or 
license for any one or
combination of
the
following causes:

        (1) Violations of this Act or of rules adopted under 
    this Act.

        (2) Making a material misstatement in furnishing

    information to the Department or otherwise making 
    misleading, deceptive, untrue, or fraudulent 
    representations in violation of this Act or otherwise in 
    the practice of the profession Material misstatement in 
    furnishing information to the Department.

        (3) Conviction by plea of guilty or nolo contendere, 
    finding of guilt, jury verdict, or entry of judgment, or 
    by sentencing of any crime, including, but not limited to, 
    convictions, preceding sentences of supervision, 
    conditional discharge, or first offender probation, under 
    the laws of any jurisdiction of the United States: (i) 
    that is a felony or (ii) that is a misdemeanor, an 
    essential element of which is dishonesty, or that is 
    directly related to the practice of the profession.

        (4) Fraud or any misrepresentation in applying for or 
    procuring a license under this Act or in connection with 
    applying for renewal of a license under this Act.

        (5) Professional incompetence or gross negligence.

        (6) Malpractice.

        (7) Aiding or assisting another person in violating 
    any
provision of
this Act or its rules.

        (8) Failing to provide information within 60 days in 
    response
to a
written request made by the Department.

        (9) Engaging in dishonorable, unethical, or 
    unprofessional
conduct of a
character likely to deceive, 
    defraud, or harm the public.

        (10) Habitual or excessive use or abuse of drugs 
    defined in law as controlled substances, alcohol, or any 
    other substance which results in the
inability to practice 
    with reasonable judgment, skill, or safety.

        (11) Discipline by another U.S. jurisdiction or 
    foreign
nation if at
least one of the grounds for the 
    discipline is the same or substantially
equivalent to 
    those set forth in this Act.

        (12) Directly or indirectly giving to or receiving 
    from any
person, firm,
corporation, partnership, or 
    association any fee, commission, rebate, or
other form of 
    compensation for any professional services not actually or

    personally rendered.  This shall not be deemed to include 
    rent or other
remunerations paid to an individual, 
    partnership, or corporation by a
naprapath for the lease, 
    rental, or use of space, owned or controlled by
the 
    individual, partnership, corporation, or association. 
    Nothing in this paragraph (12) affects any bona fide 
    independent contractor or employment  arrangements among 
    health care professionals, health facilities, health care 
    providers, or other entities, except as otherwise 
    prohibited by law.  Any employment arrangements may include 
    provisions  for compensation, health insurance, pension, or 
    other employment benefits for the provision of services 
    within the scope of the licensee's practice under this 
    Act.  Nothing in this paragraph (12) shall be construed to 
    require an employment arrangement to receive professional 
    fees for services rendered. 

        (13) Using the title "Doctor" or its abbreviation 
    without further
clarifying that title or abbreviation with 
    the word "naprapath" or "naprapathy"
or the designation 
    "D.N.".

        (14) A finding by the Department that the licensee, 
    after
having his
or her license placed on probationary 
    status, has violated the terms of
probation.

        (15) Abandonment of a patient without cause.

        (16) Willfully making or filing false records or 
    reports
relating to a licensee's
practice, including but 
    not limited to, false records filed with State
agencies or 
    departments.

        (17) Willfully failing to report an instance of 
    suspected
child abuse or
neglect as required by the Abused 
    and Neglected Child Reporting Act.

        (18) Physical or mental illness or disability, 
    including, but not limited to,
deterioration
through the 
    aging process or loss of motor skill that results in the

    inability to practice the profession with reasonable 
    judgment, skill,
or safety.

        (19) Solicitation of professional services by means 
    other
than
permitted advertising.

        (20) Failure to provide a patient with a copy of his or 
    her
record
upon the written request of the patient.

        (21) Cheating on or attempting to subvert the 
    licensing examination administered under this Act.

        (22) Allowing one's license under this Act to be used 
    by an unlicensed person in violation of this Act.

        (23) (Blank).

        (24) Being named as a perpetrator in an indicated 
    report by
the
Department of Children and Family Services 
    under the Abused and Neglected
Child Reporting Act and 
    upon proof by clear and convincing evidence that the

    licensee has caused a child to be an abused child or a 
    neglected child as
defined in the Abused and Neglected 
    Child Reporting Act.

        (25) Practicing under a false or, except as provided 
    by law, an assumed name.

        (26) Immoral conduct in the commission of any act, 
    such as
sexual abuse,
sexual misconduct, or sexual 
    exploitation, related to the licensee's practice.

        (27) Maintaining a professional relationship with any 
    person,
firm, or
corporation when the naprapath knows, or 
    should know, that the person,
firm, or corporation is 
    violating this Act.

        (28) Promotion of the sale of food supplements, 
    devices,
appliances, or
goods provided for a client or 
    patient in such manner as to exploit the
patient or client 
    for financial gain of the licensee.

        (29) Having treated ailments of human beings other 
    than by
the
practice of naprapathy as defined in this Act 
    unless authorized to do so by State law. , or having 
    treated ailments
of human beings as a licensed naprapath 
    independent of a documented
referral or documented current 
    and relevant diagnosis from a physician,
dentist, or 
    podiatric physician, or having failed to notify the 
    physician, dentist,
or podiatric physician who established 
    a documented current and relevant
diagnosis that the 
    patient is receiving naprapathic treatment pursuant to

    that diagnosis.

        (30) Use by a registered naprapath of the word 
    "infirmary",
"hospital",
"school", "university", in 
    English or any other language, in connection
with the 
    place where naprapathy may be practiced or demonstrated.

        (31) Continuance of a naprapath in the employ of any 
    person,
firm, or
corporation, or as an assistant to any 
    naprapath or naprapaths, directly or
indirectly, after his 
    or her employer or superior has been found guilty of

    violating or has been enjoined from violating the laws of 
    the State of
Illinois relating to the practice of 
    naprapathy when the employer or
superior persists in that 
    violation.

        (32) The performance of naprapathic service in 
    conjunction
with a scheme
or plan with another person, 
    firm, or corporation known to be advertising in
a manner 
    contrary to this Act or otherwise violating the laws of 
    the State
of Illinois concerning the practice of 
    naprapathy.

        (33) Failure to provide satisfactory proof of having

    participated in
approved continuing education programs as 
    determined by and
approved by the Secretary.  Exceptions 
    for extreme hardships are to be
defined by the rules of the 
    Department.

        (34) (Blank).

        (35) Gross or willful overcharging for
professional 
    services.

        (36) (Blank).

    All fines imposed under this Section shall be paid within 
60 days after the effective date of the order imposing the 
fine, unless an alternate payment schedule has been agreed 
upon in writing.
    (b) A person not licensed under this Act and engaged in the 
business of offering naprapathy services through others, shall 
not aid, abet, assist, procure, advise, employ, or contract 
with any unlicensed person to practice naprapathy contrary to 
any rules or provisions of this Act. A person violating this 
subsection (b) shall be treated as a licensee for the purposes 
of disciplinary action under this Section and shall be subject 
to cease and desist orders as provided in Section 90 of this 
Act. The Department may refuse to issue or may suspend without 
hearing, as provided for in the Department of Professional 
Regulation Law of the Civil Administrative Code, the license 
of any person who fails to file a return, or pay the tax, 
penalty, or interest shown in a filed return, or pay any final 
assessment of the tax, penalty, or interest as required by any 
tax Act administered by the Illinois Department of Revenue, 
until such time as the requirements of any such tax Act are 
satisfied in accordance with subsection (g) of Section 2105-15 
of the Department of Professional Regulation Law of the Civil 
Administrative Code of Illinois.
    (b-5) The Department may refuse to issue or may suspend 
the license of any person who fails to file a tax return, to 
pay the tax, penalty, or interest shown in a filed tax return, 
or to pay any final assessment of tax, penalty, or interest, as 
required by any tax Act administered by the Department of 
Revenue, until the requirements of the tax Act are satisfied 
in accordance with subsection (g) of Section 2105-15 of the 
Civil Administrative Code of Illinois. 
    (c) (Blank).
    (d) In cases where the Department of Healthcare and Family 
Services has previously determined a licensee or a potential 
licensee is more than 30 days delinquent in the payment of 
child support and has subsequently certified the delinquency 
to the Department, the Department may refuse to issue or renew 
or may revoke or suspend that person's license or may take 
other disciplinary action against that person based solely 
upon the certification of delinquency made by the Department 
of Healthcare and Family Services in accordance with item (5) 
of subsection (a) of Section 2105-15 of the Department of 
Professional Regulation Law of the Civil Administrative Code 
of Illinois.
    (e) The determination by a circuit court that a licensee 
is subject to involuntary admission or judicial admission, as 
provided in the Mental Health and Developmental Disabilities 
Code, operates as an automatic suspension. The suspension 
shall end only upon a finding by a court that the patient is no 
longer subject to involuntary admission or judicial admission 
and the issuance of an order so finding and discharging the 
patient and upon the Board's recommendation to the Department 
that the license be restored. Where the circumstances so 
indicate, the Board may recommend to the Department that it 
require an examination prior to restoring a suspended license. 
    (f) In enforcing this Act, the Department, upon a showing 
of a possible violation, may compel an individual licensed to 
practice under this Act, or who has applied for licensure 
under this Act, to submit to a mental or physical examination, 
or both, as required by and at the expense of the Department. 
The Department or Board may order the examining physician to 
present testimony concerning the mental or physical 
examination of the licensee or applicant. No information shall 
be excluded by reason of any common law or statutory privilege 
relating to communications between the licensee or applicant 
and the examining physician. The examining physicians shall be 
specifically designated by the Board or Department. The 
individual to be examined may have, at his or her own expense, 
another physician of his or her choice present during all 
aspects of this examination. The examination shall be 
performed by a physician under the Medical Practice Act of 
1987. Failure of an individual to submit to a mental or 
physical examination, when directed, shall result in an 
automatic suspension without hearing. and evaluation, or both, 
which may include a substance abuse or sexual offender 
evaluation, as required by and at the expense of the 
Department. The Department shall specifically designate the 
examining physician licensed to practice medicine in all of 
its branches or, if applicable, the multidisciplinary team 
involved in providing the mental or physical examination and 
evaluation, or both.  The multidisciplinary team shall be led 
by a physician licensed to practice medicine in all of its 
branches and may consist of one or more or a combination of 
physicians licensed to practice medicine in all of its 
branches, licensed chiropractic physicians, licensed clinical 
psychologists, licensed clinical social workers, licensed 
clinical professional counselors, and other professional and 
administrative staff.  Any examining physician or member of the 
multidisciplinary team may require any person ordered to 
submit to an examination and evaluation pursuant to this 
Section to submit to any additional supplemental testing 
deemed necessary to complete any examination or evaluation 
process, including, but not limited to, blood testing, 
urinalysis, psychological testing, or neuropsychological 
testing.
    The Department may order the examining physician or any 
member of the multidisciplinary team to provide to the 
Department any and all records including business records that 
relate to the examination and evaluation, including any 
supplemental testing performed.  The Department may order the 
examining physician or any member of the multidisciplinary 
team to present testimony concerning the examination and 
evaluation of the licensee or applicant, including testimony 
concerning any supplemental testing or documents in any way 
related to the examination and evaluation. No information, 
report, record, or other documents in any way related to the 
examination and evaluation shall be excluded by reason of any 
common law or statutory privilege relating to communications 
between the licensee or applicant and the examining physician 
or any member of the multidisciplinary team.  No authorization 
is necessary from the licensee or applicant ordered to undergo 
an evaluation and examination for the examining physician or 
any member of the multidisciplinary team to provide 
information, reports, records, or other documents or to 
provide any testimony regarding the examination and 
evaluation. The individual to be examined may have, at his or 
her own expense, another physician of his or her choice 
present during all aspects of this examination. Failure of an 
individual to submit to a mental or physical examination and 
evaluation, or both, when directed, shall result in an 
automatic suspension without hearing, until such time as the 
individual submits to the examination.
    A person holding a license under this Act or who has 
applied for a license under this Act who, because of a physical 
or mental illness or disability, including, but not limited 
to, deterioration through the aging process or loss of motor 
skill, is unable to practice the profession with reasonable 
judgment, skill, or safety, may be required by the Department 
to submit to care, counseling, or treatment by physicians 
approved or designated by the Department as a condition, term, 
or restriction for continued, reinstated, or renewed licensure 
to practice. Submission to care, counseling, or treatment as 
required by the Department shall not be considered discipline 
of a license. If the licensee refuses to enter into a care, 
counseling, or treatment agreement or fails to abide by the 
terms of the agreement, the Department may file a complaint to 
revoke, suspend, or otherwise discipline the license of the 
individual. The Secretary may order the license suspended 
immediately, pending a hearing by the Department. Fines shall 
not be assessed in disciplinary actions involving physical or 
mental illness or impairment.
    In instances in which the Secretary immediately suspends a 
person's license under this Section, a hearing on that 
person's license must be convened by the Department within 15 
days after the suspension and completed without appreciable 
delay. The Department and the Board shall have the authority 
to review the subject individual's record of treatment and 
counseling regarding the impairment to the extent permitted by 
applicable federal statutes and regulations safeguarding the 
confidentiality of medical records.
    An individual licensed under this Act and affected under 
this Section shall be afforded an opportunity to demonstrate 
to the Department that he or she can resume practice in 
compliance with acceptable and prevailing standards under the 
provisions of his or her license. 







(Source: P.A. 100-872, eff. 8-14-18.)

 



    (225 ILCS 63/125)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 125. Investigation; notice; hearing. The Department 
may investigate
the actions of any applicant or of any person 
or persons holding or claiming to
hold a license.  Before 
refusing to issue, refusing to renew, or taking any

disciplinary action under Section 110 regarding a license, the 
Department shall, at least 30 days
prior to the date set for 
the hearing, notify in writing the applicant for, or
holder 
of, a license of the nature of any charges and that a hearing 
will be
held on a date designated.  The Department shall direct 
the applicant or
licensee to file a written answer with the 
Department under oath within 20 days
after the service of the 
notice and inform the applicant or licensee that
failure to 
file an answer shall result in default being taken against the

applicant or licensee. At the time and place fixed in the 
notice, the Department shall proceed to hear the charges and 
the parties or their counsel shall be accorded ample 
opportunity to present any pertinent statements, testimony, 
evidence, and arguments.  The Department may continue the 
hearing from time to time. If the person, after receiving the 
notice, fails to file an answer, his or her license may, in the 
discretion of the Department, be revoked, suspended, or placed 
on probationary status or the Department may take whatever 
disciplinary action considered proper, including limiting the 
scope, nature, or extent of the person's practice under the 
Act. If the Board is not sitting at the time and place fixed in 
the notice or at the time and place to which the hearing shall 
have been continued, the Department may continue the hearing 
for a period not to exceed 30 days. The written notice in the 
subsequent proceeding may be served by U.S. registered or 
certified mail or email to the licensee's address or email 
address of record.

(Source: P.A. 97-778, eff. 7-13-12.)

 



    (225 ILCS 63/145)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 145. Findings of facts, conclusions of law, and 
recommendations. At the conclusion of the hearing the Board 
hearing officer shall present to the Secretary a
written 
report of its findings of fact, conclusions of law, and

recommendations. The report shall contain a finding whether or 
not the accused
person violated this Act or failed to comply 
with the conditions required in
this Act. The Board hearing 
officer shall specify the nature of the violation or failure 
to
comply and shall make its recommendations to the Secretary.

    The report of findings of fact, conclusions of law, and 
recommendations of
the Board hearing officer shall be the 
basis for the Department's order refusing to issue, restore, 
or renew a license, or otherwise disciplining a licensee. If 
the
Secretary disagrees in any regard with the report of the 
Board hearing officer, the Secretary
 may issue an order in 
contravention of the Board hearing officer's recommendations. 
The finding is not
admissible
in evidence against the person 
in a criminal prosecution brought for the
violation of this 
Act, but the hearing and findings are not a bar to a
criminal 
prosecution brought for the violation of this Act.

    If the Secretary fails to issue a final order within 30 
days after the receipt of the hearing officer's findings of 
fact, conclusions of law, and recommendations, then the 
hearing officer's findings of fact, conclusions of law, and 
recommendations shall become a final order of the Department 
without further review. 
(Source: P.A. 97-778, eff. 7-13-12.)

 



    (225 ILCS 63/150)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 150. Hearing officer. The Secretary shall have the 
authority to appoint
any
attorney duly
licensed to practice 
law in the State of Illinois to serve as the hearing
officer in 
any action for Departmental refusal to issue, renew, or 
license an
applicant, or disciplinary action against a 
licensee. The hearing officer shall
have full
authority to 
conduct the hearing. The
hearing officer shall report his or 
her findings of fact, conclusions of law,
and recommendations 
to the Board and the Secretary. The Board shall review the 
report of the hearing officer and present its findings of 
fact, conclusions of law, and recommendations to the 
Secretary. If the Secretary disagrees
with the recommendation 
of the hearing officer, he
or she may issue an
order in 
contravention of that recommendation.

(Source: P.A. 97-778, eff. 7-13-12.)

 



    (225 ILCS 63/155)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 155. Service of report; rehearing; order. In any case 
involving the refusal to issue or renew or the
discipline of a 
license, a copy of the Board's hearing officer's report shall 
be served upon
the respondent by the Department, either 
personally or as provided in this Act
for the service of the 
notice of hearing. Within 20 days after the service, the

respondent may present to the Department a motion in writing 
for a rehearing
that shall specify the particular grounds for 
rehearing.  If no motion for
rehearing is filed, then upon the 
expiration of the time specified for filing a
motion, or if a 
motion for rehearing is denied, then upon the denial the 
Secretary
 may enter an order in accordance with this Act.  If 
the respondent
orders from the reporting service and pays for 
a transcript of
the record within
the time for filing a motion 
for rehearing, the 20 calendar day period
within which the

motion may be filed shall commence upon the delivery of the 
transcript to the
respondent.

(Source: P.A. 97-778, eff. 7-13-12.)

 



    (225 ILCS 63/165)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 165. Order or certified copy as prima facie proof. An 
order or a
certified copy thereof, over the seal of the 
Department and purporting to
be signed by the Secretary, shall 
be prima facie proof:

        (a) that the signature is the genuine signature of the 
    Secretary; and 

        (b) that such Secretary is duly appointed and 
    qualified; and .


        (c) that the Board and its members are qualified to 
    act. 
(Source: P.A. 97-778, eff. 7-13-12.)

 



    (225 ILCS 63/190)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 190. 
The Department shall not be required to certify 
any record to
the Court or file any answer in court or 
otherwise appear in any court in a
judicial review proceeding, 
unless and until the Department receives from the plaintiff 
payment of the costs
of furnishing and certifying the record, 
which costs shall be determined by the Department.  Exhibits 
shall be certified without cost. Failure on the part of the 
plaintiff
to file a
receipt in court is grounds for dismissal 
of the action.

(Source: P.A. 97-778, eff. 7-13-12.)

 

    (225 ILCS 63/95 rep.)

    Section 15. The Naprapathic Practice Act is amended  by 
repealing Section 95.
 
 
    Section 99. Effective date. This Section and Section 5 
take effect upon becoming law.