HB4126 EnrolledLRB097 16319 CEL 61473 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Regulatory Sunset Act is amended by changing
5Section 4.23 and by adding Section 4.33 as follows:
 
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January
91, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing Act.
18    The Wholesale Drug Distribution Licensing Act.
19    Section 2.5 of the Illinois Plumbing License Law.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
 
21    (5 ILCS 80/4.33 new)
22    Sec. 4.33. Act repealed on January 1, 2023. The following

 

 

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1Act is repealed on January 1, 2023:
2    The Naprapathic Practice Act.
 
3    Section 5. The Naprapathic Practice Act is amended by
4changing Sections 10, 17, 25, 45, 57, 70, 85, 95, 100, 110,
5115, 120, 125, 130, 140, 145, 150, 155, 160, 165, 170, 180,
6190, and 200 and by adding Section 193 as follows:
 
7    (225 ILCS 63/10)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 10. Definitions. In this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Naprapath" means a person who practices Naprapathy and who
18has met all requirements as provided in the Act.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Secretary Director" means the Secretary Director of the
22Department of Financial and Professional Regulation.
23    "Committee" means the Naprapathic Examining Committee
24appointed by the Director.

 

 

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1    "Referral" means the following of guidance or direction to
2the naprapath given by the licensed physician, dentist, or
3podiatrist who maintains supervision of the patient.
4    "Documented current and relevant diagnosis" means a
5diagnosis, substantiated by signature or oral verification of a
6licensed physician, dentist, or podiatrist, that a patient's
7condition is such that it may be treated by naprapathy as
8defined in this Act, which diagnosis shall remain in effect
9until changed by the licensed physician, dentist, or
10podiatrist.
11(Source: P.A. 87-1231.)
 
12    (225 ILCS 63/17)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 17. Educational and professional qualifications for
15licensure. A person may be qualified to receive a license as a
16naprapath if he or she:
17        (1) is at least 18 years of age and of good moral
18    character;
19        (2) has graduated from a 2 year college level program
20    or its equivalent approved by the Department;
21        (3) has graduated from a curriculum in naprapathy
22    approved by the Department. In approving a curriculum in
23    naprapathy, the Department shall consider, but not be bound
24    by, a curriculum approved by the American Naprapathic
25    Association;

 

 

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1        (4) has passed an examination approved by the
2    Department to determine a person's fitness to practice as a
3    naprapath; and
4        (5) has met all other requirements of the Act.
5    The Department has the right and may request a personal
6interview with an applicant before the Committee to further
7evaluate a person's qualifications for a license.
8(Source: P.A. 89-61, eff. 6-30-95.)
 
9    (225 ILCS 63/25)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 25. Title and designation of licensed naprapaths.
12Every person to whom a valid existing license as a naprapath
13has been issued under this Act shall be designated
14professionally a "naprapath", and not otherwise, and any
15licensed naprapath may, in connection with the practice of his
16profession, use the title or designation of "naprapath", and,
17if entitled by degree from a college or university recognized
18by the Department of Professional Regulation, may use the title
19of "Doctor of Naprapathy" or the abbreviation "D.N.". When the
20name of the licensed naprapath is used professionally in oral,
21written, or printed announcements, professional cards, or
22publications for the information of the public and is preceded
23by the title "Doctor" or the abbreviation "Dr.", the
24explanatory designation of "naprapath", "naprapathy", "Doctor
25of Naprapathy", or the designation "D.N." shall be added

 

 

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1immediately following title and name. When the announcement,
2professional cards, or publication is in writing or in print,
3the explanatory addition shall be in writing, type, or print
4not less than 1/2 the size of that used in the name and title.
5No person other than the holder of a valid existing license
6under this Act shall use the title and designation of "Doctor
7of Naprapathy", "D.N.", or "naprapath", either directly or
8indirectly, in connection with his or her profession or
9business.
10    A naprapath licensed under this Act shall not hold himself
11or herself out as a Doctor of Chiropractic unless he or she is
12licensed as a Doctor of Chiropractic under the Medical Practice
13Act of 1987 or any successor Act.
14(Source: P.A. 89-61, eff. 6-30-95.)
 
15    (225 ILCS 63/45)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 45. Powers and duties of the Department; rules;
18reports. The Department shall exercise the powers and duties
19prescribed by the Civil Administrative Code of Illinois for the
20administration of licensing Acts and shall exercise any other
21powers and duties necessary for effectuating the purposes of
22this Act.
23    The Department may promulgate rules consistent with the
24provisions of this Act for its administration and enforcement
25and may prescribe forms which shall be issued in connection

 

 

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1with this Act. The rules may include standards and criteria for
2licensure, and professional conduct and discipline.
3    The Department shall consult with the Committee in
4promulgating rules. Notice of proposed rulemaking shall be
5transmitted to the Committee and the Department shall review
6the Committee's responses and any recommendations made by the
7Committee. The Department may solicit the advice of the
8Committee on any matter relating to the administration and
9enforcement of this Act. Nothing shall limit the ability of the
10Committee to provide recommendations to the Director regarding
11any matter affecting the administration of this Act.
12    The Department shall issue quarterly to the Committee a
13status report of all complaints related to the profession
14received by the Department.
15(Source: P.A. 89-61, eff. 6-30-95.)
 
16    (225 ILCS 63/57)
17    (Section scheduled to be repealed on January 1, 2013)
18    Sec. 57. Social Security Number on license application. In
19addition to any other information required to be contained in
20the application, every application for an original, renewal,
21reinstated, or restored license under this Act shall include
22the applicant's Social Security Number, which shall be retained
23in the agency's records pertaining to the license. As soon as
24practical, the Department shall assign a customer's
25identification number to each applicant for a license.

 

 

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1    Every application for a renewal, reinstated, or restored
2license shall require the applicant's customer identification
3number.
4(Source: P.A. 97-400, eff. 1-1-12.)
 
5    (225 ILCS 63/70)
6    (Section scheduled to be repealed on January 1, 2013)
7    Sec. 70. Renewal, reinstatement or restoration of
8licenses; military service. The expiration date and renewal
9period for each license issued under this Act shall be set by
10rule.
11    All renewal applicants shall provide proof of having met
12the requirements of continuing education set forth in the rules
13of the Department. The Department shall, by rule, provide for
14an orderly process for the reinstatement of licenses that have
15not been renewed due to failure to meet the continuing
16education requirements. The continuing education requirements
17may be waived in cases of extreme hardship as defined by rules
18of the Department.
19    Any naprapath who has permitted his or her license to
20expire or who has had his or her license on inactive status may
21have his or her license restored by making application to the
22Department and filing proof acceptable to the Department of
23fitness to have the license restored and by paying the required
24fees. Proof of fitness may include sworn evidence certifying to
25active lawful practice in another jurisdiction.

 

 

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1    If the licensee has not maintained an active practice in
2another jurisdiction satisfactory to the Department, then the
3The Department shall determine, by an evaluation program
4established by rule, fitness for restoration of the license and
5shall establish procedures and requirements for restoration.
6    Any naprapath whose license expired while he or she was (i)
7in federal service on active duty with the Armed Forces of the
8United States or the State Militia called into service or
9training or (ii) in training or education under the supervision
10of the United States preliminary to induction into the military
11service, however, may have his or her license restored without
12paying any lapsed renewal fees if within 2 years after
13honorable termination of service, training, or education, he or
14she furnishes the Department with satisfactory evidence to the
15effect that he or she has been so engaged and that his or her
16service, training, or education has been so terminated.
17(Source: P.A. 87-1231.)
 
18    (225 ILCS 63/85)
19    (Section scheduled to be repealed on January 1, 2013)
20    Sec. 85. Fees.
21    (a) The Department shall provide by rule for a schedule of
22fees for the administration and enforcement of this Act,
23including but not limited to original licensure, renewal, and
24restoration. The fees shall be nonrefundable.
25    All fees, fines, and penalties collected under this Act

 

 

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1shall be deposited into the General Professions Dedicated Fund
2and shall be appropriated to the Department for the ordinary
3and contingent expenses of the Department in the administration
4of this Act.
5    (b) An applicant for the examination shall be required to
6pay, either to the Department or to the designated testing
7service, a fee covering the cost of initial screening to
8determine an applicant's eligibility and providing the
9examination. Failure to appear for the examination on the
10scheduled date, at the time and place specified, after the
11applicant's application for examination has been received and
12acknowledged by the Department or the designated testing
13service, shall result in the forfeiture of the examination fee.
14(Source: P.A. 92-655, eff. 7-16-02.)
 
15    (225 ILCS 63/95)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 95. Roster. The Department shall maintain a roster of
18the names and addresses of record of all licensees and of all
19persons whose licenses have been suspended or revoked. This
20roster shall be available upon written request and payment of
21the required fee.
22(Source: P.A. 87-1231.)
 
23    (225 ILCS 63/100)
24    (Section scheduled to be repealed on January 1, 2013)

 

 

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1    Sec. 100. Advertising.
2    (a) Any person licensed under this Act may advertise the
3availability of professional services in the public media or on
4the premises where professional services are rendered if the
5advertising is truthful and not misleading and is in conformity
6with any rules promulgated by the Department.
7    (b) A licensee shall include in every advertisement for
8services regulated under this Act his or her title as it
9appears on the license or the initials authorized under this
10Act. Advertisements shall not include false, fraudulent,
11deceptive, or misleading material or guarantees of success.
12(Source: P.A. 91-310, eff. 1-1-00.)
 
13    (225 ILCS 63/110)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 110. Grounds for disciplinary action; refusal,
16revocation, suspension.
17    (a) The Department may refuse to issue or to renew, or may
18revoke, suspend, place on probation, reprimand or take other
19disciplinary or non-disciplinary action as the Department may
20deem appropriate proper, including imposing fines not to exceed
21$10,000 $5,000 for each violation, with regard to any licensee
22or license for any one or combination of the following causes:
23        (1) Violations of this Act or of its rules adopted
24    under this Act.
25        (2) Material misstatement in furnishing information to

 

 

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1    the Department.
2        (3) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment, or by
4    sentencing of any crime, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation, under
7    the laws of any jurisdiction of the United States: (i) that
8    is a felony or (ii) that is a misdemeanor, an essential
9    element of which is dishonesty, or that is directly related
10    to the practice of the profession. Conviction of any crime
11    under the laws of any U.S. jurisdiction that is (i) a
12    felony, (ii) a misdemeanor, an essential element of which
13    is dishonesty, or (iii) directly related to the practice of
14    the profession.
15        (4) Fraud or Making any misrepresentation in applying
16    for or procuring a license under this Act or in connection
17    with applying for renewal of a license under this Act for
18    the purpose of obtaining a license.
19        (5) Professional incompetence or gross negligence.
20        (6) Malpractice Gross malpractice.
21        (7) Aiding or assisting another person in violating any
22    provision of this Act or its rules.
23        (8) Failing to provide information within 60 days in
24    response to a written request made by the Department.
25        (9) Engaging in dishonorable, unethical, or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud, or harm the public.
2        (10) Habitual or excessive use or abuse of drugs
3    defined in law as controlled substances, alcohol,
4    addiction to alcohol, narcotics, stimulants, or any other
5    substance which chemical agent or drug that results in the
6    inability to practice with reasonable judgment, skill, or
7    safety.
8        (11) Discipline by another U.S. jurisdiction or
9    foreign nation if at least one of the grounds for the
10    discipline is the same or substantially equivalent to those
11    set forth in this Act.
12        (12) Directly or indirectly giving to or receiving from
13    any person, firm, corporation, partnership, or association
14    any fee, commission, rebate, or other form of compensation
15    for any professional services not actually or personally
16    rendered. This shall not be deemed to include rent or other
17    remunerations paid to an individual, partnership, or
18    corporation by a naprapath for the lease, rental, or use of
19    space, owned or controlled by the individual, partnership,
20    corporation, or association. Nothing in this paragraph
21    (12) affects any bona fide independent contractor or
22    employment arrangements among health care professionals,
23    health facilities, health care providers, or other
24    entities, except as otherwise prohibited by law. Any
25    employment arrangements may include provisions for
26    compensation, health insurance, pension, or other

 

 

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1    employment benefits for the provision of services within
2    the scope of the licensee's practice under this Act.
3    Nothing in this paragraph (12) shall be construed to
4    require an employment arrangement to receive professional
5    fees for services rendered.
6        (13) Using the title "Doctor" or its abbreviation
7    without further clarifying that title or abbreviation with
8    the word "naprapath" or "naprapathy" or the designation
9    "D.N.".
10        (14) A finding by the Department that the licensee,
11    after having his or her license placed on probationary
12    status, has violated the terms of probation.
13        (15) Abandonment of a patient without cause.
14        (16) Willfully making or filing false records or
15    reports relating to a licensee's practice, including but
16    not limited to, false records filed with State agencies or
17    departments.
18        (17) Willfully failing to report an instance of
19    suspected child abuse or neglect as required by the Abused
20    and Neglected Child Reporting Act.
21        (18) Physical or mental illness or disability,
22    including, but not limited to, deterioration through the
23    aging process or loss of motor skill that results in the
24    inability to practice the profession with reasonable
25    judgment, skill, or safety.
26        (19) Solicitation of professional services by means

 

 

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1    other than permitted advertising.
2        (20) Failure to provide a patient with a copy of his or
3    her record upon the written request of the patient.
4        (21) Cheating on or attempting to subvert the licensing
5    examination administered under this Act. Conviction by any
6    court of competent jurisdiction, either within or without
7    this State, of any violation of any law governing the
8    practice of naprapathy, conviction in this or another state
9    of any crime which is a felony under the laws of this State
10    or conviction of a felony in a federal court, if the
11    Department determines, after investigation, that the
12    person has not been sufficiently rehabilitated to warrant
13    the public trust.
14        (22) Allowing one's license under this Act to be used
15    by an unlicensed person in violation of this Act. A finding
16    that licensure has been applied for or obtained by
17    fraudulent means.
18        (23) (Blank). Continued practice by a person knowingly
19    having an infectious or contagious disease.
20        (24) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    under the Abused and Neglected Child Reporting Act and upon
23    proof by clear and convincing evidence that the licensee
24    has caused a child to be an abused child or a neglected
25    child as defined in the Abused and Neglected Child
26    Reporting Act.

 

 

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1        (25) Practicing under a false or, except as provided by
2    law, an assumed name or attempting to practice under a name
3    other than the full name shown on the license.
4        (26) Immoral conduct in the commission of any act, such
5    as sexual abuse, sexual misconduct, or sexual
6    exploitation, related to the licensee's practice.
7        (27) Maintaining a professional relationship with any
8    person, firm, or corporation when the naprapath knows, or
9    should know, that the person, firm, or corporation is
10    violating this Act.
11        (28) Promotion of the sale of food supplements,
12    devices, appliances, or goods provided for a client or
13    patient in such manner as to exploit the patient or client
14    for financial gain of the licensee.
15        (29) Having treated ailments of human beings other than
16    by the practice of naprapathy as defined in this Act, or
17    having treated ailments of human beings as a licensed
18    naprapath independent of a documented referral or
19    documented current and relevant diagnosis from a
20    physician, dentist, or podiatrist, or having failed to
21    notify the physician, dentist, or podiatrist who
22    established a documented current and relevant diagnosis
23    that the patient is receiving naprapathic treatment
24    pursuant to that diagnosis.
25        (30) Use by a registered naprapath of the word
26    "infirmary", "hospital", "school", "university", in

 

 

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1    English or any other language, in connection with the place
2    where naprapathy may be practiced or demonstrated.
3        (31) Continuance of a naprapath in the employ of any
4    person, firm, or corporation, or as an assistant to any
5    naprapath or naprapaths, directly or indirectly, after his
6    or her employer or superior has been found guilty of
7    violating or has been enjoined from violating the laws of
8    the State of Illinois relating to the practice of
9    naprapathy when the employer or superior persists in that
10    violation.
11        (32) The performance of naprapathic service in
12    conjunction with a scheme or plan with another person,
13    firm, or corporation known to be advertising in a manner
14    contrary to this Act or otherwise violating the laws of the
15    State of Illinois concerning the practice of naprapathy.
16        (33) Failure to provide satisfactory proof of having
17    participated in approved continuing education programs as
18    determined by the Committee and approved by the Secretary
19    Director. Exceptions for extreme hardships are to be
20    defined by the rules of the Department.
21        (34) (Blank). Willfully making or filing false records
22    or reports in the practice of naprapathy, including, but
23    not limited to, false records to support claims against the
24    medical assistance program of the Department of Healthcare
25    and Family Services (formerly Department of Public Aid)
26    under the Illinois Public Aid Code.

 

 

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1        (35) Gross or willful overcharging for professional
2    services including filing false statements for collection
3    of fees for which services are not rendered, including, but
4    not limited to, filing false statements for collection of
5    monies for services not rendered from the medical
6    assistance program of the Department of Healthcare and
7    Family Services (formerly Department of Public Aid) under
8    the Illinois Public Aid Code.
9        (36) (Blank). Mental illness, including, but not
10    limited to, deterioration through the aging process or loss
11    of motor skill that results in the inability to practice
12    the profession with reasonable judgment, skill, or safety.
13    All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the
15fine.
16    (b) The Department may refuse to issue or may suspend
17without hearing, as provided for in the Department of
18Professional Regulation Law of the Civil Administrative Code,
19the license of any person who fails to file a return, or pay
20the tax, penalty, or interest shown in a filed return, or pay
21any final assessment of the tax, penalty, or interest as
22required by any tax Act administered by the Illinois Department
23of Revenue, until such time as the requirements of any such tax
24Act are satisfied in accordance with subsection (g) of Section
252105-15 of the Department of Professional Regulation Law of the
26Civil Administrative Code of Illinois.

 

 

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1    (c) The Department shall deny a license or renewal
2authorized by this Act to a person who has defaulted on an
3educational loan or scholarship provided or guaranteed by the
4Illinois Student Assistance Commission or any governmental
5agency of this State in accordance with item (5) of subsection
6(a) of Section 2105-15 of the Department of Professional
7Regulation Law of the Civil Administrative Code of Illinois.
8    (d) In cases where the Department of Healthcare and Family
9Services has previously determined a licensee or a potential
10licensee is more than 30 days delinquent in the payment of
11child support and has subsequently certified the delinquency to
12the Department, the Department may refuse to issue or renew or
13may revoke or suspend that person's license or may take other
14disciplinary action against that person based solely upon the
15certification of delinquency made by the Department of
16Healthcare and Family Services in accordance with item (5) of
17subsection (a) of Section 2105-15 of the Department of
18Professional Regulation Law of the Civil Administrative Code of
19Illinois.
20    (e) The determination by a circuit court that a licensee is
21subject to involuntary admission or judicial admission, as
22provided in the Mental Health and Development Disabilities
23Code, operates as an automatic suspension. The suspension shall
24end only upon a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission
26and the issuance of an order so finding and discharging the

 

 

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1patient.
2    (f) In enforcing this Act, the Department, upon a showing
3of a possible violation, may compel an individual licensed to
4practice under this Act, or who has applied for licensure under
5this Act, to submit to a mental or physical examination and
6evaluation, or both, which may include a substance abuse or
7sexual offender evaluation, as required by and at the expense
8of the Department. The Department shall specifically designate
9the examining physician licensed to practice medicine in all of
10its branches or, if applicable, the multidisciplinary team
11involved in providing the mental or physical examination and
12evaluation, or both. The multidisciplinary team shall be led by
13a physician licensed to practice medicine in all of its
14branches and may consist of one or more or a combination of
15physicians licensed to practice medicine in all of its
16branches, licensed chiropractic physicians, licensed clinical
17psychologists, licensed clinical social workers, licensed
18clinical professional counselors, and other professional and
19administrative staff. Any examining physician or member of the
20multidisciplinary team may require any person ordered to submit
21to an examination and evaluation pursuant to this Section to
22submit to any additional supplemental testing deemed necessary
23to complete any examination or evaluation process, including,
24but not limited to, blood testing, urinalysis, psychological
25testing, or neuropsychological testing.
26    The Department may order the examining physician or any

 

 

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1member of the multidisciplinary team to provide to the
2Department any and all records including business records that
3relate to the examination and evaluation, including any
4supplemental testing performed. The Department may order the
5examining physician or any member of the multidisciplinary team
6to present testimony concerning the examination and evaluation
7of the licensee or applicant, including testimony concerning
8any supplemental testing or documents in any way related to the
9examination and evaluation. No information, report, record, or
10other documents in any way related to the examination and
11evaluation shall be excluded by reason of any common law or
12statutory privilege relating to communications between the
13licensee or applicant and the examining physician or any member
14of the multidisciplinary team. No authorization is necessary
15from the licensee or applicant ordered to undergo an evaluation
16and examination for the examining physician or any member of
17the multidisciplinary team to provide information, reports,
18records, or other documents or to provide any testimony
19regarding the examination and evaluation. The individual to be
20examined may have, at his or her own expense, another physician
21of his or her choice present during all aspects of this
22examination. Failure of an individual to submit to a mental or
23physical examination and evaluation, or both, when directed,
24shall result in an automatic suspension without hearing, until
25such time as the individual submits to the examination.
26    A person holding a license under this Act or who has

 

 

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1applied for a license under this Act who, because of a physical
2or mental illness or disability, including, but not limited to,
3deterioration through the aging process or loss of motor skill,
4is unable to practice the profession with reasonable judgment,
5skill, or safety, may be required by the Department to submit
6to care, counseling, or treatment by physicians approved or
7designated by the Department as a condition, term, or
8restriction for continued, reinstated, or renewed licensure to
9practice. Submission to care, counseling, or treatment as
10required by the Department shall not be considered discipline
11of a license. If the licensee refuses to enter into a care,
12counseling, or treatment agreement or fails to abide by the
13terms of the agreement, the Department may file a complaint to
14revoke, suspend, or otherwise discipline the license of the
15individual. The Secretary may order the license suspended
16immediately, pending a hearing by the Department. Fines shall
17not be assessed in disciplinary actions involving physical or
18mental illness or impairment.
19    In instances in which the Secretary immediately suspends a
20person's license under this Section, a hearing on that person's
21license must be convened by the Department within 15 days after
22the suspension and completed without appreciable delay. The
23Department shall have the authority to review the subject
24individual's record of treatment and counseling regarding the
25impairment to the extent permitted by applicable federal
26statutes and regulations safeguarding the confidentiality of

 

 

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1medical records.
2    An individual licensed under this Act and affected under
3this Section shall be afforded an opportunity to demonstrate to
4the Department that he or she can resume practice in compliance
5with acceptable and prevailing standards under the provisions
6of his or her license.
7    The Department may refuse to issue or may suspend the
8license of any person who fails to (i) file a return or to pay
9the tax, penalty or interest shown in a filed return or (ii)
10pay any final assessment of the tax, penalty, or interest as
11required by any tax Act administered by the Illinois Department
12of Revenue, until the time that the requirements of that tax
13Act are satisfied.
14    (b) The determination by a circuit court that a licensee is
15subject to involuntary admission or judicial admission as
16provided in the Mental Health and Developmental Disabilities
17Code operates as an automatic suspension. The suspension will
18end only upon a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission,
20the issuance of an order so finding and discharging the
21patient, and the recommendation of the Committee to the
22Director that the licensee be allowed to resume his or her
23practice.
24    (c) In enforcing this Section, the Department, upon a
25showing of a possible violation, may compel any person licensed
26to practice under this Act or who has applied for licensure or

 

 

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1certification pursuant to this Act to submit to a mental or
2physical examination, or both, as required by and at the
3expense of the Department. The examining physicians shall be
4those specifically designated by the Department. The
5Department may order the examining physician to present
6testimony concerning this mental or physical examination of the
7licensee or applicant. No information shall be excluded by
8reason of any common law or statutory privilege relating to
9communications between the licensee or applicant and the
10examining physician. The person to be examined may have, at his
11or her own expense, another physician of his or her choice
12present during all aspects of the examination. Failure of any
13person to submit to a mental or physical examination, when
14directed, shall be grounds for suspension of a license until
15the person submits to the examination if the Department finds,
16after notice and hearing, that the refusal to submit to the
17examination was without reasonable cause.
18    If the Department finds an individual unable to practice
19because of the reasons set forth in this Section, the
20Department may require that individual to submit to care,
21counseling, or treatment by physicians approved or designated
22by the Department, as a condition, term, or restriction for
23continued, reinstated, or renewed licensure to practice or, in
24lieu of care, counseling, or treatment, the Department may file
25a complaint to immediately suspend, revoke, or otherwise
26discipline the license of the individual.

 

 

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1    Any person whose license was granted, continued,
2reinstated, renewed, disciplined, or supervised subject to
3such terms, conditions, or restrictions and who fails to comply
4with such terms, conditions, or restrictions shall be referred
5to the Director for a determination as to whether the person
6shall have his or her license suspended immediately, pending a
7hearing by the Department.
8    In instances in which the Director immediately suspends a
9person's license under this Section, a hearing on that person's
10license must be convened by the Department within 15 days after
11the suspension and completed without appreciable delay. The
12Department shall have the authority to review the subject
13person's record of treatment and counseling regarding the
14impairment, to the extent permitted by applicable federal
15statutes and regulations safeguarding the confidentiality of
16medical records.
17    A person licensed under this Act and affected under this
18Section shall be afforded an opportunity to demonstrate to the
19Department that he or she can resume practice in compliance
20with acceptable and prevailing standards under the provisions
21of his or her license.
22(Source: P.A. 95-331, eff. 8-21-07; 96-1482, eff. 11-29-10.)
 
23    (225 ILCS 63/115)
24    (Section scheduled to be repealed on January 1, 2013)
25    Sec. 115. Returned checks; fines. Any person who delivers a

 

 

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1check or other payment to the Department that is returned to
2the Department unpaid by the financial institution upon which
3it is drawn shall pay to the Department, in addition to the
4amount already owed to the Department, a fine of $50. The fines
5imposed by this Section are in addition to any other discipline
6provided under this Act for unlicensed practice or practice on
7a nonrenewed license. The Department shall notify the person
8that fees and fines shall be paid to the Department by
9certified check or money order within 30 calendar days of the
10notification. If, after the expiration of 30 days from the date
11of the notification, the person has failed to submit the
12necessary remittance, the Department shall automatically
13terminate the license or certificate or deny the application,
14without hearing. If, after termination or denial, the person
15seeks a license or certificate, he or she shall apply to the
16Department for restoration or issuance of the license or
17certificate and pay all fees and fines due to the Department.
18The Department may establish a fee for the processing of an
19application for restoration of a license or certificate to
20defray all expenses of processing the application. The
21Secretary Director may waive the fines due under this Section
22in individual cases where the Secretary Director finds that the
23fines would be unreasonable or unnecessarily burdensome.
24(Source: P.A. 92-146, eff. 1-1-02.)
 
25    (225 ILCS 63/120)

 

 

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1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 120. Injunctions; cease and desist orders.
3    (a) If any person violates the provision of this Act, the
4Secretary Director may, in the name of the People of the State
5of Illinois, through the Attorney General of the State of
6Illinois or the State's Attorney of any county in which the
7violation is alleged to have occurred action is brought,
8petition for an order enjoining the violation or for an order
9enforcing compliance with this Act. Upon the filing of a
10verified petition in court, the court may issue a temporary
11restraining order, without notice or bond, and may
12preliminarily and permanently enjoin the violation. If it is
13established that the person has violated or is violating the
14injunction, the Court may punish the offender for contempt of
15court. Proceedings under this Section shall be in addition to,
16and not in lieu of, all other remedies and penalties provided
17by this Act.
18    (b) If any person practices as a naprapath or holds himself
19or herself out as a naprapath without being licensed under the
20provisions of this Act then any licensed naprapath, any
21interested party, or any person injured thereby may, in
22addition to the Secretary Director, petition for relief as
23provided in subsection (a) of this Section.
24    (c) Whenever in the opinion of the Department any person
25violates any provision of this Act, the Department may issue a
26rule to show cause why an order to cease and desist should not

 

 

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1be entered against that person. The rule shall clearly set
2forth the grounds relied upon by the Department and shall
3provide a period of 7 days from the date of the rule to file an
4answer to the satisfaction of the Department. Failure to answer
5to the satisfaction of the Department shall cause an order to
6cease and desist to be issued immediately.
7(Source: P.A. 89-61, eff. 6-30-95; 90-655, eff. 7-30-98.)
 
8    (225 ILCS 63/125)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 125. Investigation; notice; hearing. The Department
11may investigate the actions of any applicant or of any person
12or persons holding or claiming to hold a license. Before
13refusing to issue, refusing to renew, or taking any
14disciplinary action under Section 110 regarding a license, the
15Department shall, at least 30 days prior to the date set for
16the hearing, notify in writing the applicant for, or holder of,
17a license of the nature of any charges and that a hearing will
18be held on a date designated. The Department shall direct the
19applicant or licensee to file a written answer with the
20Department Committee under oath within 20 days after the
21service of the notice and inform the applicant or licensee that
22failure to file an answer shall result in default being taken
23against the applicant or licensee. At the time and place fixed
24in the notice, the Department shall proceed to hear the charges
25and the parties or their counsel shall be accorded ample

 

 

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1opportunity to present any pertinent statements, testimony,
2evidence, and arguments. The Department may continue the
3hearing from time to time. If the person, after receiving the
4notice, fails to file an answer, his or her license may, in the
5discretion of the Department, be revoked, suspended, or placed
6on probationary status or the Department may take whatever
7disciplinary action considered proper, including limiting the
8scope, nature, or extent of the person's practice under the
9Act. The written notice in the subsequent proceeding may be
10served by registered or certified mail to the licensee's
11address of record. and that the license or certificate may be
12suspended, revoked, or placed on probationary status, or that
13other disciplinary action may be taken, including limiting the
14scope, nature, or extent of practice, as the Director may deem
15proper. Written notice may be served by personal delivery or
16certified or registered mail to the respondent at the address
17of his or her last notification to the Department. If the
18person fails to file an answer after receiving notice, his or
19her license or certificate may, in the discretion of the
20Department, be suspended, revoked, or placed on probationary
21status, or the Department may take any disciplinary action
22deemed proper, including limiting the scope, nature, or extent
23of the person's practice or the imposition of a fine, without a
24hearing, if the act or acts charged constitute sufficient
25grounds for such action under this Act. At the time and place
26fixed in the notice, the Committee shall proceed to hear the

 

 

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1charges and the parties or their counsel shall be accorded
2ample opportunity to present such statements, testimony,
3evidence and argument as may be pertinent to the charges or to
4their defense. The Committee may continue a hearing from time
5to time.
6(Source: P.A. 89-61, eff. 6-30-95.)
 
7    (225 ILCS 63/130)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 130. Formal hearing; preservation of record. The
10Department, at its expense, shall preserve a record of all
11proceedings at the formal hearing of any case. The notice of
12hearing, complaint, and all other documents in the nature of
13pleadings and written motions filed in the proceedings, the
14transcript of testimony, the report of the Committee or hearing
15officer, and order of the Department shall be the record of the
16proceeding. The Department shall furnish a transcript of the
17record to any person interested in the hearing upon payment of
18the fee required under Section 2105-115 of the Department of
19Professional Regulation Law (20 ILCS 2105/2105-115).
20(Source: P.A. 91-239, eff. 1-1-00.)
 
21    (225 ILCS 63/140)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 140. Subpoena; oaths.
24    (a) The Department may shall have power to subpoena and

 

 

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1bring before it any person in this State and to take the oral
2or written testimony or compel the production of any books,
3papers, records, or any other documents that the Secretary or
4his or her designee deems relevant or material to any
5investigation or hearing conducted by the Department either
6orally or by deposition or both with the same fees and mileage
7and in the same manner as prescribed in civil cases in circuit
8courts of this State.
9    (b) The Secretary Director, the designated hearing
10officer, and a certified shorthand court reporter may every
11member of the Committee has power to administer oaths to
12witnesses at any hearing that the Department conducts is
13authorized to conduct and any other oaths authorized in any Act
14administered by the Department. Notwithstanding any other
15statute or Department rule to the contrary, all requests for
16testimony, production of documents, or records shall be in
17accordance with this Act.
18    (c) Any circuit court may, upon application of the
19Department or licensee, may its designee or upon application of
20the person against whom proceedings under this Act are pending,
21enter an order requiring the attendance and testimony of
22witnesses and their testimony, and the production of relevant
23documents, papers, files, books, and records in connection with
24any hearing or investigation. The court may compel obedience to
25its order by proceedings for contempt.
26(Source: P.A. 89-61, eff. 6-30-95.)
 

 

 

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1    (225 ILCS 63/145)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 145. Findings of facts, conclusions of law, and
4recommendations. At the conclusion of the hearing the hearing
5officer Committee shall present to the Secretary Director a
6written report of its findings of fact, conclusions of law, and
7recommendations. The report shall contain a finding whether or
8not the accused person violated this Act or failed to comply
9with the conditions required in this Act. The hearing officer
10Committee shall specify the nature of the violation or failure
11to comply and shall make its recommendations to the Secretary
12Director.
13    The report of findings of fact, conclusions of law, and
14recommendations of the hearing officer Committee shall be the
15basis for the Department's order refusing to issue, restore, or
16renew a license, or otherwise disciplining a licensee. If the
17Secretary Director disagrees in any regard with the report of
18the hearing officer Committee, the Secretary Director may issue
19an order in contravention of the hearing officer's
20recommendations report. The finding is not admissible in
21evidence against the person in a criminal prosecution brought
22for the violation of this Act, but the hearing and findings are
23not a bar to a criminal prosecution brought for the violation
24of this Act.
25    If the Secretary fails to issue a final order within 30

 

 

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1days after the receipt of the hearing officer's findings of
2fact, conclusions of law, and recommendations, then the hearing
3officer's findings of fact, conclusions of law, and
4recommendations shall become a final order of the Department
5without further review.
6(Source: P.A. 89-61, eff. 6-30-95.)
 
7    (225 ILCS 63/150)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 150. Hearing officer. The Secretary Director shall
10have the authority to appoint any attorney duly licensed to
11practice law in the State of Illinois to serve as the hearing
12officer in any action for Departmental refusal to issue, renew,
13or license an applicant, or disciplinary action against a
14licensee. The hearing officer shall have full authority to
15conduct the hearing. The hearing officer shall report his or
16her findings of fact, conclusions of law, and recommendations
17to the Secretary Committee and the Director. The Committee
18shall have 60 calendar days from receipt of the report to
19review the report of the hearing officer and present its
20findings of fact, conclusions of law, and recommendations to
21the Director. If the Committee fails to present its report
22within the 60 calendar day period, the Director may issue an
23order based on the report of the hearing officer. If the
24Secretary Director disagrees with the recommendation of the
25Committee or hearing officer, he or she may issue an order in

 

 

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1contravention of that recommendation.
2(Source: P.A. 89-61, eff. 6-30-95.)
 
3    (225 ILCS 63/155)
4    (Section scheduled to be repealed on January 1, 2013)
5    Sec. 155. Service of report; rehearing; order. In any case
6involving the refusal to issue or renew or the discipline of a
7license, a copy of the hearing officer's Committee's report
8shall be served upon the respondent by the Department, either
9personally or as provided in this Act for the service of the
10notice of hearing. Within 20 days after the service, the
11respondent may present to the Department a motion in writing
12for a rehearing that shall specify the particular grounds for
13rehearing. If no motion for rehearing is filed, then upon the
14expiration of the time specified for filing a motion, or if a
15motion for rehearing is denied, then upon the denial the
16Secretary Director may enter an order in accordance with this
17Act. If the respondent orders from the reporting service and
18pays for a transcript of the record within the time for filing
19a motion for rehearing, the 20 calendar day period within which
20the motion may be filed shall commence upon the delivery of the
21transcript to the respondent.
22(Source: P.A. 89-61, eff. 6-30-95.)
 
23    (225 ILCS 63/160)
24    (Section scheduled to be repealed on January 1, 2013)

 

 

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1    Sec. 160. Substantial justice to be done; rehearing.
2Whenever the Secretary Director is satisfied that substantial
3justice has not been done in the revocation, suspension, or
4refusal to issue or renew a license, the Secretary Director may
5order a rehearing by the same or another hearing officer or by
6the Committee.
7(Source: P.A. 87-1231.)
 
8    (225 ILCS 63/165)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 165. Order or certified copy as prima facie proof. An
11order or a certified copy thereof, over the seal of the
12Department and purporting to be signed by the Secretary
13Director, shall be prima facie proof:
14    (a) that the signature is the genuine signature of the
15Secretary Director; and
16    (b) that such Secretary Director is duly appointed and
17qualified. ;
18    (c) that the Committee and its members are qualified to
19act.
20(Source: P.A. 89-61, eff. 6-30-95.)
 
21    (225 ILCS 63/170)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 170. Restoration of license. At any time after the
24successful completion of a term of indefinite probation,

 

 

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1suspension, or revocation of a license, the Department may
2restore the license to the licensee, unless, after an
3investigation and a hearing, the Secretary determines that
4restoration is not in the public interest or that the licensee
5has not been sufficiently rehabilitated to warrant the public
6trust. No person or entity whose license, certificate, or
7authority has been revoked as authorized in this Act may apply
8for restoration of that license, certification, or authority
9until such time as provided for in the Department of
10Professional Regulation Law of the Civil Administrative Code of
11Illinois suspension or revocation of any license the Department
12may restore the license to the accused person, unless after an
13investigation and a hearing the Department determines that
14restoration is not in the public interest.
15(Source: P.A. 89-61, eff. 6-30-95.)
 
16    (225 ILCS 63/180)
17    (Section scheduled to be repealed on January 1, 2013)
18    Sec. 180. Imminent danger to public; summary suspension.
19The Secretary Director may summarily suspend the license of a
20naprapath without a hearing, simultaneously with the
21institution of proceedings for a hearing provided for in this
22Act, if the Secretary Director finds that evidence in his or
23her possession indicates that continuation in practice would
24constitute an imminent danger to the public. In the event that
25the Secretary Director summarily suspends a license without a

 

 

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1hearing, a hearing shall by the Department must be commenced
2held within 30 days after the suspension has occurred and shall
3be concluded as expeditiously as possible.
4(Source: P.A. 89-61, eff. 6-30-95.)
 
5    (225 ILCS 63/190)
6    (Section scheduled to be repealed on January 1, 2013)
7    Sec. 190. The Department shall not be required to certify
8any record to the Court or file any answer in court or
9otherwise appear in any court in a judicial review proceeding,
10unless and until the Department receives from the plaintiff
11there is filed in the court, with the complaint, a receipt from
12the Department acknowledging payment of the costs of furnishing
13and certifying the record, which costs shall be determined by
14the Department. Exhibits shall be certified without cost.
15Failure on the part of the plaintiff to file a receipt in court
16is shall be grounds for dismissal of the action.
17(Source: P.A. 89-61, eff. 6-30-95.)
 
18    (225 ILCS 63/193 new)
19    Sec. 193. Confidentiality. All information collected by
20the Department in the course of an examination or investigation
21of a licensee or applicant, including, but not limited to, any
22complaint against a licensee filed with the Department and
23information collected to investigate any such complaint, shall
24be maintained for the confidential use of the Department and

 

 

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1shall not be disclosed. The Department may not disclose such
2information to anyone other than law enforcement officials,
3other regulatory agencies that have an appropriate regulatory
4interest as determined by the Secretary, or a party presenting
5a lawful subpoena to the Department. Information and documents
6disclosed to a federal, State, county, or local law enforcement
7agency shall not be disclosed by the agency for any purpose to
8any other agency or person. A formal complaint filed against a
9licensee by the Department or any order issued by the
10Department against a licensee or applicant shall be a public
11record, except as otherwise prohibited by law.
 
12    (225 ILCS 63/200)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 200. Administrative Procedure Act. The Illinois
15Administrative Procedure Act is expressly adopted and
16incorporated in this Act as if all of the provisions of that
17Act were included in this Act, except that the provision of
18paragraph (d) of Section 10-65 of the Illinois Administrative
19Procedure Act, which provides that at hearings the licensee has
20the right to show compliance with all lawful requirements for
21retention, continuation, or renewal of the license, is
22specifically excluded. For the purpose of this Act, the notice
23required under Section 10-25 of the Administrative Procedure
24Act is deemed sufficient when mailed to the last known address
25of record of a party.

 

 

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1(Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95.)
 
2    (225 ILCS 63/50 rep.)
3    (225 ILCS 63/65 rep.)
4    Section 10. The Naprapathic Practice Act is amended by
5repealing Sections 50 and 65.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.23
4    5 ILCS 80/4.33 new
5    225 ILCS 63/10
6    225 ILCS 63/17
7    225 ILCS 63/25
8    225 ILCS 63/45
9    225 ILCS 63/57
10    225 ILCS 63/70
11    225 ILCS 63/85
12    225 ILCS 63/95
13    225 ILCS 63/100
14    225 ILCS 63/110
15    225 ILCS 63/115
16    225 ILCS 63/120
17    225 ILCS 63/125
18    225 ILCS 63/130
19    225 ILCS 63/140
20    225 ILCS 63/145
21    225 ILCS 63/150
22    225 ILCS 63/155
23    225 ILCS 63/160
24    225 ILCS 63/165
25    225 ILCS 63/170

 

 

HB4126 Enrolled- 40 -LRB097 16319 CEL 61473 b

1    225 ILCS 63/180
2    225 ILCS 63/190
3    225 ILCS 63/193 new
4    225 ILCS 63/200
5    225 ILCS 63/50 rep.
6    225 ILCS 63/65 rep.