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"Department" means the Department of Financial and |
Professional Regulation.
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"Dietetics and nutrition services" means the integration |
and application of principles derived from the sciences of food |
and nutrition to provide for all aspects of nutrition care for |
individuals and groups, including, but not limited to: |
(1) nutrition counseling; "nutrition counseling" means |
advising and assisting individuals or groups on |
appropriate nutrition intake by integrating information |
from the nutrition assessment; |
(2) nutrition assessment; "nutrition assessment" means |
the evaluation of the nutrition needs of individuals or |
groups using appropriate data to determine nutrient needs |
or status and make appropriate nutrition recommendations; |
(3) medically prescribed diet; "medically prescribed |
diet" is one form of medical nutrition therapy and means a |
diet prescribed when specific food or nutrient levels need |
to be monitored, altered, or both as a component of a |
treatment program for an individual whose health status is |
impaired or at risk due to disease, injury, or surgery and |
may only be performed as initiated by or in consultation |
with a physician licensed under the Medical Practice Act of |
1987 acting within the scope of his or her practice, except |
that a medically prescribed diet for a resident of a |
nursing home shall only be performed as initiated by or in |
consultation with a physician licensed to practice |
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medicine in all of its branches; |
(4) medical nutrition therapy; "medical nutrition
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therapy" means the component of nutrition care that deals |
with the systematic use of food and oral supplementation, |
based on the nutrition assessment and individual health |
status and need to manage health conditions; medical |
nutrition therapy; "medical nutrition therapy" means the |
component of nutrition care that deals with: |
(A) interpreting and recommending nutrient needs |
relative to medically prescribed diets, including, but |
not limited to, enteral feedings, specialized |
intravenous solutions, and specialized oral feedings; |
(B) food and prescription drug interactions; and |
(C) developing and managing food service |
operations whose chief function is nutrition care and |
provision of medically prescribed diets; |
(5) nutrition services for individuals and groups; |
"nutrition services for individuals and groups" includes, |
but is not limited to, all of the following: |
(A) providing nutrition assessments relative to |
preventive maintenance or restorative care; |
(B) providing nutrition education and nutrition |
counseling as components of preventive maintenance or |
restorative care; and |
(C) developing and managing systems whose chief |
function is nutrition care; nutrition services for |
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individuals and groups does not include medical |
nutrition therapy as defined in this Act; and |
(6) restorative; "restorative" means the component of |
nutrition care that deals with oral dietary needs for |
individuals and groups; activities shall relate to the |
metabolism of food and the requirements for nutrients, |
including dietary supplements for growth, development, |
maintenance, or attainment of optimal health.
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"Diplomate of the American Clinical Board of Nutrition" |
means an individual certified by the American Clinical Board of |
Nutrition.
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"Licensed dietitian nutritionist" means a person licensed |
under this Act to
practice dietetics and nutrition services, as |
defined in this Section.
Activities of a licensed dietitian |
nutritionist do not include the medical
differential diagnosis |
of the health status of an individual.
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"Practice experience" means a preprofessional, documented, |
supervised
practice in dietetics or nutrition services that is |
acceptable to the
Department in compliance with requirements |
for licensure, as specified in Section
45. It may be or may |
include a documented, supervised
practice experience which is a |
component of the educational requirements
for licensure, as |
specified in Section 45.
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"Registered dietitian" means an individual registered with |
the Commission
on Dietetic Registration, the accrediting body |
of the Academy of Nutrition and Dietetics, formerly known as |
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the American
Dietetic
Association.
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"Secretary" means the Secretary of Financial and |
Professional Regulation. |
"Telepractice" means the delivery of services under this |
Act by means other than in-person, including, but not limited |
to, telephone, email, internet, or other methods of electronic |
communication. Telepractice is not prohibited under this Act |
provided that the provision of telepractice services is |
appropriate for the client and the level of care provided meets |
the required level of care for that client. Individuals |
providing services regulated by this Act via telepractice shall |
comply with and are subject to all licensing and disciplinary |
provisions of this Act.
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(Source: P.A. 97-1141, eff. 12-28-12.)
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(225 ILCS 30/17 new) |
Sec. 17. Other activities subject to licensure under this |
Act. |
(1) Enteral and parenteral nutrition therapy shall consist |
of enteral feedings or specialized intravenous solutions and |
shall only be performed by an individual licensed under this |
Act who: |
(a) is a registered dietitian registered with the |
Commission on Dietetic Registration, the accrediting body |
of the Academy of Nutrition and Dietetics, formerly known |
as the American Dietetic Association; |
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(b) is a certified nutrition support clinician as |
certified by the National Board of Nutrition Support |
Certification; or |
(c) meets the requirements set forth in the rules of |
the Department. |
(2) Developing and managing food service operations whose |
chief function is nutrition care shall only be performed by an |
individual licensed under this Act.
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(225 ILCS 30/95) (from Ch. 111, par. 8401-95)
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(Section scheduled to be repealed on January 1, 2023)
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Sec. 95. Grounds for discipline.
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(1) The Department may refuse to issue or
renew, or may |
revoke, suspend, place on probation, reprimand, or take other
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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 license or |
certificate for
any one or combination of the following causes:
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(a) Material misstatement in furnishing information to |
the Department.
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(b) Violations of this Act or of
rules adopted under |
this Act.
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(c) 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, |
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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.
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(d) 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.
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(e) Professional incompetence or gross negligence.
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(f) Malpractice.
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(g) Aiding or assisting another person in violating any |
provision of
this Act or its rules.
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(h) Failing to provide information within 60 days in |
response to a
written request made by the Department.
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(i) Engaging in dishonorable, unethical or |
unprofessional conduct of a
character likely to deceive, |
defraud, or harm the public.
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(j) Habitual or excessive use or abuse of drugs defined |
in law as controlled substances, alcohol, or any other |
substance that results in the
inability to practice with |
reasonable judgment, skill, or safety.
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(k) Discipline by another state, the District of |
Columbia, territory, country, or governmental agency if at |
least one
of the grounds for the discipline is the same or |
substantially equivalent
to those set forth in this Act.
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(l) Charging for professional services not rendered, |
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including filing false statements for the collection of |
fees for which services are not rendered. Nothing in this |
paragraph (1) 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 (1) shall be construed to require |
an employment arrangement to receive professional fees for |
services rendered.
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(m) A finding by the Department that the licensee, |
after having his or her
license placed on probationary |
status, has violated the terms of probation.
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(n) Willfully making or filing false records or reports |
in his or her practice, including, but not limited to, |
false records filed with State agencies or departments.
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(o) Allowing one's license under this Act to be used by |
an unlicensed person in violation of this Act.
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(p) Practicing under a false or, except as provided by |
law, an assumed name.
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(q) Gross and willful overcharging for professional |
services.
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(r) (Blank).
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(s) Willfully failing to report an instance of |
suspected child abuse
or neglect as required by the Abused |
and Neglected Child Reporting Act.
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(t) Cheating on or attempting to subvert a licensing |
examination administered under this Act. |
(u) Mental illness or disability that results in the |
inability to practice under this Act with reasonable |
judgment, skill, or safety. |
(v) Physical illness, including, but not limited to, |
deterioration through the aging process or loss of motor |
skill that results in a licensee's inability to practice |
under this Act with reasonable judgment, skill, or safety. |
(w) Advising an individual to discontinue, reduce, |
increase, or otherwise alter the intake of a drug |
prescribed by a physician licensed to practice medicine in |
all its branches or by a prescriber as defined in Section |
102 of the Illinois Controlled Substance Act. |
(2) The Department may refuse to issue or may suspend |
without hearing, as provided for in the Code of Civil |
Procedure, 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 Civil |
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Administrative Code of Illinois. |
(3) The Department shall deny a license or renewal |
authorized by this Act to a person who has defaulted on an |
educational loan or scholarship provided or guaranteed by the |
Illinois Student Assistance Commission or any governmental |
agency of this State in accordance with item (5) of subsection |
(a) of Section 2105-15 of the Civil Administrative Code of |
Illinois. |
(4) 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 1205-15 of the Civil Administrative |
Code of Illinois. |
(5) 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 |
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patient. |
(6) 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 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 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 |
licensed to practice medicine in all its branches. Failure of |
an individual to submit to a mental or physical examination, |
when directed, shall result in an automatic suspension without |
hearing. |
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 |
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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, then 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 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
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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 |