Illinois General Assembly - Full Text of HB4665
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4665  102nd General Assembly

HB4665enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4665 EnrolledLRB102 23904 SPS 33102 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 5. The Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
 
20    (5 ILCS 80/4.38)
21    Sec. 4.38. Acts repealed on January 1, 2028. The following
22Acts are repealed on January 1, 2028:

 

 

HB4665 Enrolled- 2 -LRB102 23904 SPS 33102 b

1    The Acupuncture Practice Act.
2    The Clinical Social Work and Social Work Practice Act.
3    The Dietitian Nutritionist Practice Act.
4    The Home Medical Equipment and Services Provider License
5Act.
6    The Illinois Petroleum Education and Marketing Act.
7    The Illinois Speech-Language Pathology and Audiology
8Practice Act.
9    The Interpreter for the Deaf Licensure Act of 2007.
10    The Nurse Practice Act.
11    The Nursing Home Administrators Licensing and Disciplinary
12Act.
13    The Physician Assistant Practice Act of 1987.
14    The Podiatric Medical Practice Act of 1987.
15(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
16100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
178-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
18100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
19    Section 10. The Dietitian Nutritionist Practice Act is
20amended by changing Sections 5, 10, 15, 15.5, 17, 20, 30, 35,
2140, 45, 70, 75, 80, 100, 105, 110, 125, 140, 165, and 175 and
22by adding Sections 12 and 76 as follows:
 
23    (225 ILCS 30/5)  (from Ch. 111, par. 8401-5)
24    (Section scheduled to be repealed on January 1, 2023)

 

 

HB4665 Enrolled- 3 -LRB102 23904 SPS 33102 b

1    Sec. 5. Purpose. The practice of dietetics and nutrition,
2including the provision of medical nutrition therapy, services
3in the State of Illinois is hereby declared to affect the
4public health, safety, and welfare and to be subject to
5regulation and control in the public interest. It is further
6declared that the practice of dietetics and nutrition services
7plays an important part in the attainment and maintenance of
8health and that it is in the public's best interest that
9persons who present themselves as providers of nutrition care
10services in these areas meet specific requirements and
11qualifications. This Act shall be liberally construed to best
12carry out these objectives and purposes.
13(Source: P.A. 87-784.)
 
14    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 10. Definitions. As used in this Act:
17    "Accreditation Council for Education in Nutrition and
18Dietetics" means the autonomous accrediting agency for
19education programs that prepares students to begin careers as
20registered dietitian nutritionists or registered nutrition and
21dietetics technicians.
22    "Address of record" means the designated address recorded
23by the Department in the applicant's or licensee's application
24file or license file as maintained by the Department's
25licensure maintenance unit. It is the duty of the applicant or

 

 

HB4665 Enrolled- 4 -LRB102 23904 SPS 33102 b

1licensee to inform the Department of any change of address and
2those changes must be made either through the Department's
3website or by contacting the Department.
4    "Board" means the Dietitian Nutritionist Practice Board
5appointed by the Secretary.
6    "Board for Certification of Nutrition Specialists" means
7the certifying board that credentials certified nutrition
8specialists.
9    "Certified clinical nutritionist" means an individual
10certified by the Clinical Nutrition Certification Board.
11    "Certified nutrition specialist" means an individual
12credentialed certified by the Certification Board for
13Certification of Nutrition Specialists that authorizes the
14individual to use the title "certified nutrition specialist"
15and the abbreviation "C.N.S.".
16    "Commission on Dietetic Registration" means the
17credentialing agency for the Academy of Nutrition and
18Dietetics.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Dietetics and nutrition services" means the integration,
22and application, and communication of practice principles
23derived from the sciences of food, and nutrition, social,
24business, and basic sciences to achieve and maintain the
25optimal provide for all aspects of nutrition status of care
26for individuals and groups. , including, but not limited to:

 

 

HB4665 Enrolled- 5 -LRB102 23904 SPS 33102 b

1        (1) nutrition counseling; "nutrition counseling" means
2    advising and assisting individuals or groups on
3    appropriate nutrition intake by integrating information
4    from the nutrition assessment;
5        (2) nutrition assessment; "nutrition assessment" means
6    the evaluation of the nutrition needs of individuals or
7    groups using appropriate data to determine nutrient needs
8    or status and make appropriate nutrition recommendations;
9        (3) medically prescribed diet; "medically prescribed
10    diet" is one form of medical nutrition therapy and means a
11    diet prescribed when specific food or nutrient levels need
12    to be monitored, altered, or both as a component of a
13    treatment program for an individual whose health status is
14    impaired or at risk due to disease, injury, or surgery and
15    may only be performed as initiated by or in consultation
16    with a physician licensed under the Medical Practice Act
17    of 1987 acting within the scope of his or her practice,
18    except that a medically prescribed diet for a resident of
19    a nursing home shall only be performed as initiated by or
20    in consultation with a physician licensed to practice
21    medicine in all of its branches;
22        (4) medical nutrition therapy; "medical nutrition
23    therapy" means the component of nutrition care that deals
24    with the systematic use of food and oral supplementation,
25    based on the nutrition assessment and individual health
26    status and need to manage health conditions;

 

 

HB4665 Enrolled- 6 -LRB102 23904 SPS 33102 b

1        (5) nutrition services for individuals and groups;
2    "nutrition services for individuals and groups" includes,
3    but is not limited to, all of the following:
4            (A) providing nutrition assessments relative to
5        preventive maintenance or restorative care;
6            (B) providing nutrition education and nutrition
7        counseling as components of preventive maintenance or
8        restorative care; and
9            (C) developing and managing systems whose chief
10        function is nutrition care; nutrition services for
11        individuals and groups does not include medical
12        nutrition therapy as defined in this Act; and
13        (6) restorative; "restorative" means the component of
14    nutrition care that deals with oral dietary needs for
15    individuals and groups; activities shall relate to the
16    metabolism of food and the requirements for nutrients,
17    including dietary supplements for growth, development,
18    maintenance, or attainment of optimal health.
19    "Diplomate of the American Clinical Board of Nutrition"
20means an individual credentialed certified by the American
21Clinical Board of Nutrition who is authorized to use the title
22"Diplomate of the American Clinical Board of Nutrition" and
23the abbreviation "DACBN".
24    "Email address of record" means the designated email
25address recorded by the Department in the applicant's
26application file or the licensee's license file, as maintained

 

 

HB4665 Enrolled- 7 -LRB102 23904 SPS 33102 b

1by the Department's licensure maintenance unit.
2    "General nonmedical nutrition information" includes, but
3is not limited to, information on any of the following:
4        (1) principles of good nutrition and food preparation;
5        (2) essential nutrients needed by the human body;
6        (3) actions of nutrients in the human body;
7        (4) nonindividualized effects of deficiencies or
8    excesses of nutrients in the human body;
9        (5) foods, herbs, and dietary supplements that are
10    good sources of essential nutrients in the human body or
11    otherwise useful to maintain good health; or
12        (6) principles of self-care and healthy relationships
13    with food.
14    "Health care professional" means a physician licensed
15under the Medical Practice Act of 1987, an advanced practice
16registered nurse licensed under the Nurse Practice Act, or a
17physician assistant licensed under the Physician Assistant
18Practice Act of 1987.
19    "Independent private practice of medical nutrition
20therapy" means the application of dietetics and nutrition
21knowledge and skills by an individual who regulates and is
22responsible for the nutritionist's own practice or treatment
23procedures.
24    "Licensed dietitian nutritionist" means a person licensed
25under this Act to practice dietetics and nutrition, including
26the provision of medical nutrition therapy services, as

 

 

HB4665 Enrolled- 8 -LRB102 23904 SPS 33102 b

1defined in this Section. Activities of a licensed dietitian
2nutritionist do not include performing the medical
3differential diagnosis of human ailments or conditions the
4health status of an individual.
5    "Medical nutrition therapy" means nutrition care services
6provided for the treatment or management of a disease or
7medical condition. "Medical nutrition therapy" includes the
8provision of any part or all of the following services, with
9notification to the patient's physician and appropriate record
10retention, or pursuant to the protocols, policies, or
11procedures of a health care facility, as defined in Section 3
12of the Illinois Health Facilities Planning Act:
13        (1) interpreting anthropometric, biochemical,
14    clinical, and dietary data in acute and chronic disease
15    states and recommending and ordering nutrient needs based
16    on the dietary data, including, but not limited to,
17    enteral and parenteral nutrition;
18        (2) food and nutrition counseling, including
19    counseling regarding prescription drug interactions;
20        (3) developing and managing food service operations
21    with functions in nutrition care, including operations
22    connected with healthcare facilities, implicated in the
23    ordering, preparation, or serving of therapeutic diets, or
24    otherwise utilized in the management or treatment of
25    disease or medical conditions; and
26        (4) medical weight control.

 

 

HB4665 Enrolled- 9 -LRB102 23904 SPS 33102 b

1    "Medical weight control" means medical nutrition therapy
2for the purpose of reducing, maintaining, or gaining weight.
3    "Nonmedical weight control" means nutrition care services
4for the purpose of reducing, maintaining, or gaining weight
5that do not constitute the treatment of a disease or medical
6condition. "Nonmedical weight control" includes weight control
7services for healthy population groups to achieve or maintain
8a healthy weight.
9    "Nutrition assessment" means the systematic process of
10obtaining, verifying, and interpreting biochemical,
11anthropometric, physical, nutrigenomic, and dietary data in
12order to make decisions about the nature and cause of
13nutrition-related problems, including an ongoing, dynamic
14process that: (i) involves an initial data collection and a
15reassessment and analysis of client or community needs; and
16(ii) provides the foundation for identifying and labeling
17problems and making nutritional recommendations and ordering
18nutritional interventions, including enteral and parenteral
19nutrition.
20    "Nutrition care services" means any part of the following
21services provided within a systematic process:
22        (1) assessing and evaluating the nutritional needs of
23    individuals and groups and determining resources and
24    constraints in the practice setting;
25        (2) ordering nutrition-related laboratory tests in
26    accordance with State law to check and track nutrition

 

 

HB4665 Enrolled- 10 -LRB102 23904 SPS 33102 b

1    status and monitor effectiveness of nutrition
2    interventions, dietary plans, and orders;
3        (3) establishing priorities, goals, and objectives
4    that meet an individual's nutritional needs and are
5    consistent with available resources and constraints;
6        (4) providing nutrition counseling in health and
7    disease;
8        (5) developing, implementing, and managing nutrition
9    care systems and food service operations;
10        (6) evaluating, making changes in, and maintaining
11    appropriate standards of quality in food and nutrition
12    services; and
13        (7) recommending, ordering, and providing therapeutic
14    diets.
15    "Nutrition counseling" means a supportive process,
16characterized by a collaborative counselor-patient or
17counselor-client relationship with individuals or groups, to
18establish food and nutrition priorities, goals, and
19individualized action plans and general physical activity
20guidance that acknowledge and foster responsibility for
21self-care to treat an existing condition or to promote health.
22    "Nutrition intervention" means the purposefully planned
23actions and counseling intended to positively change a
24nutrition-related behavior, risk factor, environmental
25condition, or aspect of the health status for an individual,
26target groups, or the community at large.

 

 

HB4665 Enrolled- 11 -LRB102 23904 SPS 33102 b

1    "Nutrition monitoring and evaluation" means identifying
2patient or client outcomes relevant to the patient's or
3client's identified and labeled nutritional problems and
4comparing the outcomes with the patient's or client's previous
5health status, intervention goals, or reference standards to
6determine the progress made in achieving desired outcomes of
7nutrition care and whether planned nutrition interventions
8should be continued or revised.
9    "Patient" means an individual recipient of medical
10nutrition therapy, whether in the outpatient, inpatient, or
11nonclinical setting.
12    "Practice experience" means a preprofessional, documented,
13supervised experience obtained by a supervisee in the practice
14of in dietetics and or nutrition and the provision of medical
15nutrition therapy services that is acceptable to the
16Department as in compliance with requirements for licensure,
17as specified in Section 45. It includes a planned, continuous,
18and may be or may include a documented, supervised practice
19experience obtained under the supervision of a qualified
20supervisor, as defined in this Section, which is a component
21of the educational requirements for licensure, as specified in
22Section 45.
23    "Qualified supervisor" means:
24        (1) When supervising the provision of medical
25    nutrition therapy by a supervisee, an individual who is:
26            (A) a registered dietitian nutritionist or a

 

 

HB4665 Enrolled- 12 -LRB102 23904 SPS 33102 b

1        certified nutrition specialist;
2            (B) a licensed dietitian nutritionist licensed
3        pursuant to this Act; or
4            (C) a health care professional licensed under the
5        laws of the State, including a licensed or certified
6        dietitian nutritionist, who acts under the licensed
7        scope of practice.
8        (2) When supervising the provision of nutrition care
9    services not constituting medical nutrition therapy by a
10    supervisee, an individual who either meets the
11    requirements of paragraph (1) or all of the following
12    requirements:
13            (A) has been regularly employed or self-employed
14        in the field of clinical nutrition for at least 3 of
15        the last 5 years immediately preceding commencement of
16        the applicant's supervised practice experience; and
17            (B) holds a doctoral degree with a major course of
18        study in dietetics, human nutrition, foods and
19        nutrition, community nutrition, public health
20        nutrition, nutrition education, nutrition, nutrition
21        science, clinical nutrition, applied clinical
22        nutrition, nutrition counseling, nutrition and
23        functional medicine, nutritional biochemistry,
24        nutrition and integrative health, or an equivalent
25        course of study as recommended by the Board and
26        approved by the Department conferred by either:

 

 

HB4665 Enrolled- 13 -LRB102 23904 SPS 33102 b

1                (i) a United States regionally accredited
2            college or university accredited at the time of
3            graduation from the appropriate regional
4            accrediting agency recognized by the Council on
5            Higher Education Accreditation and the United
6            States Department of Education; or
7                (ii) an institution outside the United States
8            and its territories with the supervisor's doctoral
9            degree validated as equivalent to the doctoral
10            degree conferred by a United States regionally
11            accredited college or university as recommended by
12            the Board and approved by the Department.
13    A "qualified supervisor" under paragraph (1) shall be
14licensed in the State if supervising a supervisee providing
15medical nutrition therapy to an individual in the State.
16    "Registered dietitian" or "registered dietitian
17nutritionist" means an individual who is credentialed as a
18registered dietitian or registered dietitian nutritionist by
19registered with the Commission on Dietetic Registration, the
20accrediting body of the Academy of Nutrition and Dietetics, or
21its successor organization, and is authorized to use the
22titles "registered dietitian nutritionist" and "registered
23dietitian" and the corresponding abbreviations "RDN" and "RD"
24, formerly known as the American Dietetic Association.
25    "Secretary" means the Secretary of Financial and
26Professional Regulation or a person authorized by the

 

 

HB4665 Enrolled- 14 -LRB102 23904 SPS 33102 b

1Secretary to act in the Secretary's stead.
2    "Telehealth" or "telepractice" "Telepractice" means the
3delivery of services under this Act by using electronic
4communication, information technologies, or other means
5between an individual licensed under this Act in one location
6and a patient or client in another location, with or without an
7intervening healthcare provider. "Telehealth" or
8"telepractice" includes direct, interactive patient
9encounters, asynchronous store-and-forward technologies, and
10remote monitoring by means other than in-person, including,
11but not limited to, telephone, email, Internet, or other
12methods of electronic communication. Telehealth or
13telepractice Telepractice is not prohibited under this Act
14provided that the provision of telehealth or telepractice
15services is appropriate for the client and the level of care
16provided meets the required level of care for that client.
17Individuals providing services regulated by this Act via
18telepractice shall comply with and are subject to all
19licensing and disciplinary provisions of this Act.
20    "Therapeutic diet" means a nutrition intervention
21prescribed by a health care professional or other authorized
22practitioner that provides food or nutrients via oral,
23enteral, and parenteral routes as part of treatment of disease
24or clinical conditions to modify, eliminate, decrease, or
25increase identified micronutrients and macronutrients in the
26diet, or to provide mechanically altered food when indicated.

 

 

HB4665 Enrolled- 15 -LRB102 23904 SPS 33102 b

1(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13.)
 
2    (225 ILCS 30/12 new)
3    Sec. 12. Address of record; email address of record. All
4applicants and licensees shall:
5        (1) provide a valid address and email address to the
6    Department, which shall serve as the address of record and
7    email address of record, respectively, at the time of
8    application for licensure or renewal of a license; and
9        (2) inform the Department of any change of address of
10    record or email address of record within 14 days after the
11    change either through the Department's website or by
12    contacting the Department's licensure maintenance unit.
 
13    (225 ILCS 30/15)  (from Ch. 111, par. 8401-15)
14    (Section scheduled to be repealed on January 1, 2023)
15    Sec. 15. License required.
16    (a) No person may provide, offer to provide, or attempt to
17provide medical nutrition therapy, whether engage for
18remuneration, in the practice of dietetics and nutrition
19services or hold himself or herself out as a licensed
20dietitian nutritionist or as a qualified provider of nutrition
21care services, including medical nutrition therapy, unless the
22person is licensed in accordance with this Act.
23    (b) This Section does not prohibit the provision of
24medical nutrition therapy by practice of dietetics and

 

 

HB4665 Enrolled- 16 -LRB102 23904 SPS 33102 b

1nutrition services by the following: a (1) A person who that is
2licensed to practice dietetics and nutrition under the law of
3another state, territory of the United States, or country and
4has applied in writing to the Department in form and substance
5satisfactory to the Department for a license as a dietitian
6nutritionist until (i) the expiration of 6 months after filing
7the written application, (ii) the withdrawal of the
8application, or (iii) the denial of the application by the
9Department.
10        (2) A person that is licensed to practice dietetics
11    under the law of another state, territory of the United
12    States, or country, or is a certified nutrition
13    specialist, a certified clinical nutritionist, a diplomate
14    of the American Clinical Board of Nutrition, or a
15    registered dietitian, who has applied in writing to the
16    Department in form and substance satisfactory to the
17    Department for a license as a dietitian nutritionist until
18    (i) the expiration of 6 months after the filing the
19    written application, (ii) the withdrawal of the
20    application, or (iii) the denial of the application by the
21    Department.
22    (c) For the purposes of this Section, the "practice of
23dietetics and nutrition" means the integration and application
24of scientific principles derived from the study of food,
25nutrition, biochemistry, metabolism, nutrigenomics,
26physiology, food management, and behavioral and social

 

 

HB4665 Enrolled- 17 -LRB102 23904 SPS 33102 b

1sciences in achieving and maintaining patients' and clients'
2health throughout their life spans and in providing nutrition
3care services in person and via telehealth in both clinical
4and community settings. The primary functions of the "practice
5of dietetics and nutrition" are medical nutrition therapy
6provided for the purpose of disease management or to treat or
7rehabilitate an illness, injury, or condition and other
8nutrition care services provided for health and wellness and
9as primary prevention of chronic disease.
10(Source: P.A. 97-1141, eff. 12-28-12.)
 
11    (225 ILCS 30/15.5)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 15.5. Unlicensed practice; violation; civil penalty.
14    (a) Any person who provides practices, offers to provide
15practice, attempts to provide practice, or holds oneself out
16as being qualified, licensed, or able to provide medical
17nutrition therapy or holds oneself out as licensed or
18qualified to practice dietetics and nutrition services without
19being licensed under this Act shall, in addition to any other
20penalty provided by law, pay a civil penalty to the Department
21in an amount not to exceed $10,000 for each offense as
22determined by the Department. The civil penalty shall be
23assessed by the Department after a hearing is held in
24accordance with the provisions set forth in this Act regarding
25the provision of a hearing for the discipline of a licensee.

 

 

HB4665 Enrolled- 18 -LRB102 23904 SPS 33102 b

1    (b) The Department has the authority and power to
2investigate any and all unlicensed activity.
3    (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty.
5The order shall constitute a judgment and may be filed and
6execution had thereon in the same manner as any judgment from
7any court of record.
8(Source: P.A. 97-1141, eff. 12-28-12.)
 
9    (225 ILCS 30/17)
10    Sec. 17. Other activities subject to licensure under this
11Act.
12    (a) A licensed dietitian nutritionist may order patient or
13resident diets, including therapeutic diets, in accordance
14with the following:
15        (1) Enteral and parenteral nutrition therapy shall
16    consist of enteral feedings or specialized intravenous
17    solutions and shall only be performed by an individual
18    licensed under this Act who:
19            (a) is a registered dietitian or registered
20        dietitian nutritionist currently registered with the
21        Commission on Dietetic Registration, the accrediting
22        body of the Academy of Nutrition and Dietetics,
23        formerly known as the American Dietetic Association;
24            (b) is a certified nutrition support clinician as
25        currently credentialed certified by the National Board

 

 

HB4665 Enrolled- 19 -LRB102 23904 SPS 33102 b

1        of Nutrition Support Certification; or
2            (c) meets the requirements set forth in the rules
3        that of the Department may establish as necessary to
4        implement this Section to be consistent with
5        competencies necessary for evaluating, ordering, and
6        administrating enteral and parenteral nutrition
7        therapies.
8        (2) Notification to the patient's physician and
9    appropriate record retention, or pursuant to the
10    protocols, policies, or procedures of a health care
11    facility, as defined in the Illinois Health Facilities
12    Planning Act, in which the services are provided.
13    (b) (2) Developing and managing food service operations
14whose chief function is nutrition care or that are otherwise
15utilized in the management or treatment of diseases or medical
16conditions shall only be performed by an individual licensed
17under this Act with competencies in the management of health
18care food service.
19    (c) A licensed dietitian nutritionist may order oral
20therapeutic diets.
21    (d) A licensed dietitian nutritionist shall provide
22nutrition care services using systematic, evidence-based
23problem solving methods of the nutrition care process to
24critically think and make decisions to address
25nutrition-related problems and provide safe, effective, and
26quality nutrition services, including medical nutrition

 

 

HB4665 Enrolled- 20 -LRB102 23904 SPS 33102 b

1therapy, for individuals in clinical and community settings.
2(Source: P.A. 98-148, eff. 8-2-13.)
 
3    (225 ILCS 30/20)  (from Ch. 111, par. 8401-20)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 20. Exemptions. This Act does not prohibit or
6restrict:
7    (a) Any person licensed in this State under any other Act
8from engaging in the practice for which he or she is licensed
9as long as the person does not hold oneself out as qualified,
10able, or licensed to provide medical nutrition therapy or use
11a title in connection with the person's name whose use is
12restricted to individuals licensed under this Act, as
13specified in Section 80.
14    (b) Any person from providing medical nutrition therapy if
15that The practice of dietetics and nutrition services by a
16person who is employed by the United States or State
17government or any of its bureaus, divisions, departments, or
18agencies while in the discharge of the employee's official
19duties.
20    (c) The distribution of general nonmedical nutrition
21information practice of dietetics and nutrition services by a
22person employed as a cooperative extension home economist, to
23the extent the activities are part of his or her employment.
24    (d) The provision of medical nutrition therapy practice of
25dietetics and nutrition services by a person pursuing a course

 

 

HB4665 Enrolled- 21 -LRB102 23904 SPS 33102 b

1of study leading to a degree in dietetics, nutrition, or an
2equivalent major from a United States regionally accredited
3school or program, but only if all of the following apply if:
4(i) if the activities and services constitute a part of a
5supervised course of study; (ii) the person does not engage in
6the independent private practice of medical nutrition therapy;
7(iii) the person is appropriately supervised by a qualified
8supervisor who agrees to assume full professional
9responsibility for the work of the individual by verifying,
10directing, and authorizing the work; and (iv) and if the
11person is designated by a title that clearly indicates the
12person's status as a student, or trainee, or supervisee.
13    (e) (Blank). The practice of dietetics and nutrition
14services by a person fulfilling the supervised practice
15experience component of Section 45, if the activities and
16services constitute a part of the experience necessary to meet
17the requirements of Section 45.
18    (e-5) The activities and services of an individual seeking
19to fulfill post-degree supervised practice experience
20requirements in order to qualify for licensing as a licensed
21dietitian nutritionist under this Act, so long as the
22individual is not engaged in the independent private practice
23of medical nutrition therapy and is in compliance with all
24applicable regulations regarding supervision, including, but
25not limited to, the requirement that the supervised practice
26experience must be under the order, control, and full

 

 

HB4665 Enrolled- 22 -LRB102 23904 SPS 33102 b

1professional responsibility of the individual's supervisor and
2the individual is designated by a title that clearly indicates
3the person's status as a student, trainee, or supervisee. The
4Department may, by rule, adopt further limitations on
5individuals practicing under this subsection.
6    (f) A person, including a licensed acupuncturist, from:
7        (1) providing verbal oral nutrition information as an
8    operator or employee of a health food store or business
9    that sells health products, including dietary supplements,
10    food, herbs, or food materials; or
11        (2) disseminating written general nonmedical nutrition
12    information in connection with the marketing and
13    distribution of those products, or discussing the use of
14    those products, both individually and as components of
15    nutritional programs, including explanations of their
16    federally regulated label claims, any known drug-nutrient
17    interactions, their role in various nonindividualized
18    diets, or suggestions as how to best use and combine them.
19    (g) The practice of dietetics and nutrition services by an
20educator who is in the employ of a nonprofit organization; a
21federal, state, county, or municipal agency, or other
22political subdivision; an elementary or secondary school; or a
23regionally accredited institution of higher education, as long
24as the activities and services of the educator are part of his
25or her employment.
26    (h) (Blank). The practice of dietetics and nutrition

 

 

HB4665 Enrolled- 23 -LRB102 23904 SPS 33102 b

1services by any person who provides weight control services,
2provided the nutrition program has been reviewed by,
3consultation is available from, and no program change can be
4initiated without prior approval by an individual licensed
5under this Act, an individual licensed to practice dietetics
6or nutrition services in another state that has licensure
7requirements considered by the Department to be at least as
8stringent as the requirements for licensure under this Act, or
9a registered dietitian.
10    (h-5) An individual providing medical weight control
11services for individuals with prediabetes or obesity if:
12        (1) under a program of instruction approved in writing
13    by, consultation is available from, and no program change
14    can be initiated without prior approval by one of the
15    following: a dietitian nutritionist licensed in this
16    State; or a State-licensed health care professional
17    lawfully practicing within the scope of a license granted
18    by the State to provide the scope of the individual's
19    licensed profession and consistent with accepted
20    professional standards for providing nutrition care
21    services to treat or manage the disease or medical
22    condition for which medical weight control is being
23    provided; or
24        (2) as part of a plan of care overseen and delegated by
25    a State-licensed health care professional lawfully
26    practicing within the scope of a license granted by the

 

 

HB4665 Enrolled- 24 -LRB102 23904 SPS 33102 b

1    State to provide acting within the scope of the
2    individual's licensed profession and consistent with
3    accepted professional standards for providing nutrition
4    care services to treat or manage the disease or medical
5    condition for which medical weight control is being
6    provided.
7    (i) The practice of dietetics and nutrition services for
8the limited purpose of education and research by any person
9with a masters or doctorate degree with a major in nutrition or
10equivalent from a regionally accredited school recognized by
11the Department for the purpose of education and research.
12    (j) A person from providing general nonmedical nutrition
13information, nutrition recommendations for prevention and
14wellness, health coaching, holistic and wellness education,
15guidance, motivation, behavior change management, nonmedical
16weight control, or other nutrition care services provided that
17any such services do not constitute medical nutrition therapy
18and as long as the person does not hold oneself out as
19qualified, able, or licensed to provide medical nutrition
20therapy or use a title in connection with the individual's
21name whose use is restricted to individuals licensed under
22this Act, as specified in Section 80 or encouragement of
23general healthy eating choices that does not include the
24development of a customized nutrition regimen for a particular
25client or individual, or from providing encouragement for
26compliance with a customized nutrition plan prepared by a

 

 

HB4665 Enrolled- 25 -LRB102 23904 SPS 33102 b

1licensed dietitian nutritionist or any other licensed
2professional whose scope of practice includes nutrition
3assessment and counseling.
4    (k) The provision of nutrition care services by a
5nutrition and dietetic technician or practice of dietetics and
6nutrition services by a graduate of a 2 year associate program
7or a 4 year baccalaureate program from a school or program
8accredited at the time of graduation by the appropriate
9accrediting agency recognized by the Council for on Higher
10Education Accreditation and the United States Department of
11Education with a major course of study in human nutrition,
12food and nutrition or its equivalent, as authorized by the
13Department, who is directly supervised by an individual
14licensed under this Act.
15    (l) Providing nutrition information as an employee of a
16nursing facility operated exclusively by and for those relying
17upon spiritual means through prayer alone for healing in
18accordance with the tenets and practices of a recognized
19church or religious denomination.
20    (m) A dietary technical support person working in a
21hospital setting or a regulated Department of Public Health,
22Department of Human Services, or Department on Aging facility
23or program who has been trained and is supervised while
24engaged in the practice of dietetics and nutrition by a
25licensed dietitian nutritionist in accordance with this Act
26and whose services are retained by that facility or program on

 

 

HB4665 Enrolled- 26 -LRB102 23904 SPS 33102 b

1a full-time or regular, ongoing consultant basis.
2    (n) The provision of nutrition care services without
3remuneration to family members.
4    (o) The practice of dietetics and nutrition for a period
5not exceeding 6 months by a person who is in the State on a
6temporary basis to assist in a case of public health emergency
7and who meets the qualifications for a licensed dietitian
8nutritionist as set forth in Section 45 and is licensed in
9another state as a provider of medical nutrition therapy.
10    The provisions of this Act shall not be construed to
11prohibit or limit any person from the free dissemination of
12information, from conducting a class or seminar, or from
13giving a speech related to nutrition if that person does not
14hold himself or herself out as a licensed dietitian
15nutritionist in a manner prohibited by Section 15.
16    Nothing in this Section shall be construed to permit a
17student, trainee, or supervisee to offer the student's,
18trainee's, or supervisee's services as a dietitian or
19nutritionist to any other person, other than as specifically
20excepted in this Section, unless the student, trainee, or
21supervisee is licensed under this Act.
22    The provisions of this Act shall not be construed to
23prohibit or limit any physician licensed under the Medical
24Practice Act of 1987 from practicing or delegating
25nutrition-related therapies and procedures by consultation, by
26organization policy, or by contract to an appropriately

 

 

HB4665 Enrolled- 27 -LRB102 23904 SPS 33102 b

1trained, qualified, and supervised individual licensed under
2this Act.
3    Nothing in this Act shall be construed to limit the
4ability of any other licensed health care professional in this
5State to order therapeutic diets if the ordering of
6therapeutic diets falls within the scope of the licensee's
7license.
8(Source: P.A. 97-1141, eff. 12-28-12.)
 
9    (225 ILCS 30/30)  (from Ch. 111, par. 8401-30)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 30. Dietitian Nutritionist Practice Board. The
12Secretary shall appoint a Dietitian Nutritionist Practice
13Board as follows: 7 individuals who shall be appointed by and
14shall serve in an advisory capacity to the Secretary. Of these
157 individuals, 6 members must be licensed under this Act, 4 2
16of which must be a registered dietitian and 2 of which must be
17either a certified clinical nutritionist licensed by the
18Department prior to the effective date of this amendatory Act
19of the 102nd General Assembly, a certified nutrition
20specialist, or a diplomate of the American Clinical Board of
21Nutrition, and one member must be a public member not licensed
22under this Act.
23    Members shall serve 3-year terms and until their
24successors are appointed and qualified. No member shall be
25reappointed to the Board for a term that would cause his or her

 

 

HB4665 Enrolled- 28 -LRB102 23904 SPS 33102 b

1continuous service on the Board to be longer than 8 years.
2Appointments to fill vacancies shall be made in the same
3manner as original appointments, for the unexpired portion of
4the vacated term.
5    Insofar as possible, the licensed professionals appointed
6to serve on the Board shall be generally representative of the
7geographical distribution of licensed professionals within
8this State. Any time there is a vacancy on the Board, any
9professional association composed of persons licensed under
10this Act may recommend licensees to fill the vacancy to the
11Board for the appointment of licensees.
12    A vacancy in the membership of the Board shall not impair
13the right of a quorum to exercise all the rights and perform
14all the duties of the Board.
15    Members of the Board shall have no liability in any action
16based upon any disciplinary proceeding or other activity
17performed in good faith as members of the Board.
18    The Secretary shall have the authority to remove or
19suspend any member of the Board for cause at any time before
20the expiration of his or her term. The Secretary shall be the
21sole arbiter of cause.
22    The Secretary shall consider the recommendation of the
23Board on questions of standards of professional conduct,
24discipline, and qualifications of candidates or licensees
25under this Act.
26(Source: P.A. 97-1141, eff. 12-28-12.)
 

 

 

HB4665 Enrolled- 29 -LRB102 23904 SPS 33102 b

1    (225 ILCS 30/35)  (from Ch. 111, par. 8401-35)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 35. Applications. Applications for original licensure
4shall be made to the Department in writing on forms or
5electronically as prescribed by the Department and shall be
6accompanied by the appropriate documentation and the required
7fee, which shall not be returnable. Every application shall
8require the information that in the judgment of the Department
9will enable the Department to pass on the qualifications of
10the applicant for a license. An applicant has 3 years after the
11date of application to complete the application process. If
12the process has not been completed in 3 years, then the
13application shall be denied, the fee shall be forfeited, and
14the applicant must reapply and meet the requirements in effect
15at the time of reapplication. All applications shall contain
16information that, in the judgment of the Department, will
17enable the Department to assess the qualifications of the
18applicant for a license under this Act.
19(Source: P.A. 87-784.)
 
20    (225 ILCS 30/40)  (from Ch. 111, par. 8401-40)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 40. Examinations. The Department shall authorize
23examinations of applicants for a license under this Act at the
24times and places that it may determine. The examination of

 

 

HB4665 Enrolled- 30 -LRB102 23904 SPS 33102 b

1applicants shall be of a character to give a fair test of the
2qualifications of the applicant to practice dietetics and
3nutrition services. The Department or its designated testing
4service shall provide initial screening to determine
5eligibility of applicants for examination.
6    Applicants for examination shall be required to pay,
7either to the Department or the designated testing service, a
8fee covering the cost of providing the examination. Failure to
9appear for the examination on the scheduled date, at the time
10and place specified, after the applicant's application for
11examination has been received and acknowledged by the
12Department or the designated testing service, shall result in
13the forfeiture of the examination fee.
14    Whenever the Secretary is not satisfied that substantial
15justice has been done in an examination, the Secretary may
16order a reexamination.
17    If an applicant neglects, fails, or refuses to take an
18examination or fails to pass an examination for a license
19under this Act within 3 years after filing an application, the
20application shall be denied. However, the applicant may
21thereafter make a new application accompanied by the required
22fee and shall meet the requirements for licensure in force at
23the time of making the new application.
24    The Department may employ consultants for the purpose of
25preparing and conducting examinations.
26(Source: P.A. 92-642, eff. 10-31-03.)
 

 

 

HB4665 Enrolled- 31 -LRB102 23904 SPS 33102 b

1    (225 ILCS 30/45)  (from Ch. 111, par. 8401-45)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 45. Dietitian nutritionist; qualifications. A person
4who meets all of the following requirements is shall be
5qualified to receive a license for licensure as a dietitian
6nutritionist if that person meets all of the following
7requirements:
8    (a) has Has applied in writing in form and substance
9acceptable to the Department and submits proof of completion
10of all of the following educational, supervised practice
11experience, and examination requirements;
12    (a-5) possesses a baccalaureate degree or post
13baccalaureate degree with a major course of study in human
14nutrition, foods and nutrition, dietetics, food systems
15management, nutrition education, nutrition, nutrition science,
16clinical nutrition, applied clinical nutrition, nutrition
17counseling, nutrition and functional medicine, nutritional
18biochemistry, nutrition and integrative health, or an
19equivalent major course of study as recommended by the Board
20and approved by the Department from a school or program
21accredited at the time of graduation from the appropriate
22regional accrediting agency recognized by the Council for on
23Higher Education Accreditation and the United States
24Department of Education or a college or university in a
25foreign country that is substantially equivalent to the

 

 

HB4665 Enrolled- 32 -LRB102 23904 SPS 33102 b

1educational requirements in this Section, as recommended by
2the Board and approved by the Department. All education
3programs under this Section shall include education leading to
4competence in medical nutrition therapy. The Department may
5adopt rules as necessary to enforce this provision; .
6    (b) has Has successfully completed an examination
7authorized by the Department which may be or may include
8examinations given by each of the American Clinical Board of
9Nutrition, the Certification Board of Nutrition Specialists,
10the Clinical Nutrition Certification Board, and the Commission
11on Dietetic Registration, or another examination approved by
12the Department. Before the effective date of this amendatory
13Act of the 102nd General Assembly, the Department may include
14examinations given by the Clinical Nutrition Certification
15Board.
16    The Department shall establish by rule a waiver of the
17examination requirement to applicants who, at the time of
18application, are acknowledged to be certified clinical
19nutritionists by the Clinical Nutrition Certification Board,
20certified nutrition specialists by the Certification Board of
21Nutrition Specialists, diplomates of the American Clinical
22Board of Nutrition, or registered dietitians by the Commission
23on Dietetic Registration and who are in compliance with other
24qualifications as included in the Act. Prior to the effective
25date of this amendatory Act of the 102nd General Assembly, the
26Department may waive of the examination requirement to

 

 

HB4665 Enrolled- 33 -LRB102 23904 SPS 33102 b

1applicants who, at the time of application, are acknowledged
2to be certified clinical nutritionists by the Clinical
3Nutrition Certification Board; and
4    (c) has Has completed a dietetic internship or documented,
5supervised practice experience in dietetics and nutrition
6services of not less than 900 hours under the supervision of a
7qualified supervisor certified clinical nutritionist,
8certified nutrition specialist, diplomate of the American
9Clinical Board of Nutrition, registered dietitian or a
10licensed dietitian nutritionist, a State licensed healthcare
11practitioner, or an individual with a doctoral degree
12conferred by a U.S. regionally accredited college or
13university with a major course of study in human nutrition,
14nutrition education, food and nutrition, dietetics, food
15systems management, nutrition, nutrition science, clinical
16nutrition, applied clinical nutrition, nutrition counseling,
17nutrition and functional medicine, or nutrition and
18integrative health. Supervised practice experience must be
19completed in the United States or its territories. Supervisors
20who obtained their doctoral degree outside the United States
21and its territories must have their degrees validated as
22equivalent to the doctoral degree conferred by a U.S.
23regionally accredited college or university. All supervised
24practice experience under this Section shall include training
25leading to competence in medical nutrition therapy. The
26Department may adopt rules as necessary to enforce this

 

 

HB4665 Enrolled- 34 -LRB102 23904 SPS 33102 b

1provision. Prior to the effective date of this amendatory Act
2of the 102nd General Assembly, supervised practice experience
3in dietetics and nutrition services of not less than 900 hours
4under the supervision of a certified clinical nutritionist may
5also be accepted.
6(Source: P.A. 97-1141, eff. 12-28-12.)
 
7    (225 ILCS 30/70)  (from Ch. 111, par. 8401-70)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 70. Inactive status; restoration; military service.
10    (a) Any person who notifies the Department in writing on
11forms or electronically as prescribed by the Department may
12elect to place his or her license on an inactive status and
13shall, subject to rules of the Department, be excused from
14payment of renewal fees until he or she notifies the
15Department in writing of the desires to resume active status.
16    (b) A licensee who has permitted his or her license to
17expire or who has had his or her license on inactive status may
18have the license restored by making application to the
19Department by filing proof acceptable to the Department of his
20or her fitness to have the license restored and by paying the
21required fees. Proof of fitness may include sworn evidence
22certifying to active lawful practice in another jurisdiction.
23If the licensee has not maintained an active practice in
24another jurisdiction satisfactory to the Department, then the
25Department shall determine, by an evaluation program

 

 

HB4665 Enrolled- 35 -LRB102 23904 SPS 33102 b

1established by rule, his or her fitness for restoration of the
2license and shall establish procedures and requirements for
3restoration.
4    (c) A licensee whose license expired while he or she was
5(1) in federal service on active duty with the Armed Forces of
6the United States or the State Militia called into service or
7training or (2) in training or education under the supervision
8of the United States before induction into the military
9service, may have the license restored without paying any
10lapsed renewal fees if within 2 years after honorable
11termination of the service, training, or education he or she
12furnishes the Department with satisfactory evidence to the
13effect that he or she has been so engaged and that his or her
14service, training, or education has been so terminated.
15    (d) Any person requesting restoration from inactive status
16shall be required to pay the current renewal fee, shall meet
17continuing education requirements, and shall be required to
18restore his or her license as provided in Section 65 of this
19Act.
20    (e) A person licensed under this Act whose license is on
21inactive status or in a non-renewed status shall not provide
22medical nutrition therapy engage in the practice of dietetics
23or nutrition services in the State of Illinois or use the title
24or advertise that he or she performs the services of a licensed
25dietitian nutritionist.
26    (f) Any person violating this Section shall be considered

 

 

HB4665 Enrolled- 36 -LRB102 23904 SPS 33102 b

1to be practicing without a license and will be subject to the
2disciplinary provisions of this Act.
3(Source: P.A. 97-1141, eff. 12-28-12.)
 
4    (225 ILCS 30/75)  (from Ch. 111, par. 8401-75)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 75. Endorsement. The Department may, in its
7discretion, license as a dietitian nutritionist, without
8examination, on payment of required fee, an applicant who is a
9dietitian, dietitian nutritionist, or nutritionist, or
10nutrition counselor licensed or certified under the laws of
11another state, territory, or country, if the Department
12determines that the requirements for licensure in the state,
13territory, or country in which the applicant was licensed
14were, at the date of his or her licensure, substantially equal
15to the requirements of this Act.
16    An applicant has 3 years from the date of application to
17complete the application process. If the process has not been
18completed within the 3 years, the application shall be denied,
19the fee forfeited, and the applicant must reapply and meet the
20requirements in effect at the time of reapplication.
21(Source: P.A. 92-642, eff. 10-31-03.)
 
22    (225 ILCS 30/76 new)
23    Sec. 76. Grandfathering. An individual licensed as a
24dietitian in the State on the effective date of this

 

 

HB4665 Enrolled- 37 -LRB102 23904 SPS 33102 b

1amendatory Act of the 102nd General Assembly shall be eligible
2to maintain and renew a license as a licensed dietitian
3nutritionist in the State consistent with this Act if that
4individual meets the renewal requirements set forth in this
5Act. An individual licensed as a dietitian nutritionist on the
6effective date of this amendatory Act of the 102nd General
7Assembly shall not be required to complete any education,
8experience, or exam requirements specified in Section 45
9beyond those which were required when the individual was
10originally licensed.
 
11    (225 ILCS 30/80)  (from Ch. 111, par. 8401-80)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 80. Use of title; advertising.
14    (a) Only a person who is issued a license as a dietitian
15nutritionist under this Act may use the words "licensed
16dietitian nutritionist", "dietitian nutritionist", or
17"dietitian", "licensed nutritionist", or "nutrition counselor"
18or the letters "L.D.N." or hold oneself out as qualified or
19licensed to practice under this Act in connection with his or
20her name.
21    (b) A licensee shall include in every advertisement for
22services regulated under this Act his or her title as it
23appears on the license or the initials authorized under this
24Act. Advertisements shall not include false, fraudulent,
25deceptive, or misleading material or guarantees of success.

 

 

HB4665 Enrolled- 38 -LRB102 23904 SPS 33102 b

1    (c) Use of an earned, federally trademarked nutrition
2credential is not prohibited, but such use does not give an
3individual the right to practice dietetics or nutrition or
4provide medical nutrition therapy unless the individual is
5licensed under this Act.
6(Source: P.A. 97-1141, eff. 12-28-12.)
 
7    (225 ILCS 30/100)  (from Ch. 111, par. 8401-100)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 100. Injunctions; cease and desist orders.
10    (a) If any person violates a provision of this Act, the
11Secretary may, in the name of the People of the State of
12Illinois through the Attorney General of the State of Illinois
13or the State's Attorney of the county in which the violation is
14alleged to have occurred, petition for an order enjoining the
15violation or for an order enforcing compliance with this Act.
16Upon the filing of a verified petition, the court may issue a
17temporary restraining order, without notice or bond, and may
18preliminarily and permanently enjoin the violation. If it is
19established that the person has violated or is violating the
20injunction, the Court may punish the offender for contempt of
21court. Proceedings under this Section shall be in addition to,
22and not in lieu of, all other remedies and penalties provided
23by this Act.
24    (b) If any person provides, offers to provide, attempts to
25provide practices as a dietitian nutritionist or holds himself

 

 

HB4665 Enrolled- 39 -LRB102 23904 SPS 33102 b

1or herself out as qualified, licensed, or able to provide
2medical nutrition therapy or holds oneself out as licensed or
3qualified to practice dietetics and nutrition or holds oneself
4out as a licensed dietitian nutritionist or uses words or
5letters in connection with the person's name in violation of
6Section 80 such without having a valid license under this Act,
7then any licensee, any interested party, or any person injured
8thereby may, in addition to the Secretary, petition for relief
9as provided in subsection (a) of this Section.
10    (c) Whenever in the opinion of the Department any person
11violates any provision of this Act, the Department may issue a
12rule to show cause why an order to cease and desist should be
13entered against him or her. The rule shall clearly set forth
14the grounds relied upon the Department and shall provide a
15period of 7 days from the date of the rule to file an answer to
16the satisfaction of the Department. Failure to answer to the
17satisfaction of the Department shall cause in order to cease
18and desist to be issued immediately.
19(Source: P.A. 97-1141, eff. 12-28-12.)
 
20    (225 ILCS 30/105)  (from Ch. 111, par. 8401-105)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 105. Investigation; notice and hearing. The
23Department may investigate the actions or qualifications of
24any applicant or of any person or persons holding or claiming
25to hold a license or certificate of registration. The

 

 

HB4665 Enrolled- 40 -LRB102 23904 SPS 33102 b

1Department shall, before refusing to issue or renew a license
2or to discipline a licensee under Section 95, at least 30 days
3before the date set for the hearing, (i) notify the accused in
4writing of any charges made and the time and place for a
5hearing of the charges before the Board, (ii) direct him or her
6to file his or her written answer to the charges with the Board
7under oath within 20 days after the service of the notice, and
8(iii) inform the applicant or licensee that failure to file an
9answer shall result in a default judgment being entered taken
10against the applicant or licensee. At the time and place fixed
11in the notice, the Department shall proceed to hear the
12charges and the parties or their counsel shall be accorded
13ample opportunity to present any pertinent statements,
14testimony, evidence, and arguments. The Department may
15continue the hearing from time to time. In case the person,
16after receiving the notice, fails to file an answer, his or her
17license, may, in the discretion of the Department, be revoked,
18suspended, or placed on probationary status or the Department
19may take whatever disciplinary action considered proper,
20including limiting the scope, nature, or extent of the
21person's practice or the imposition of a fine, without a
22hearing, if the act or acts charged constitute sufficient
23grounds for that action under the Act. The written notice and
24any notice in the subsequent proceeding may be served by
25registered or certified mail to the licensee's address of
26record or by email to the licensee's email address of record.

 

 

HB4665 Enrolled- 41 -LRB102 23904 SPS 33102 b

1(Source: P.A. 97-1141, eff. 12-28-12.)
 
2    (225 ILCS 30/110)  (from Ch. 111, par. 8401-110)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 110. Record of hearing. The Department, at its
5expense, shall provide a certified shorthand reporter to take
6down the testimony and preserve a record of all proceedings at
7the hearing of any case in which a licensee may be revoked,
8suspended, placed on probationary status, reprimanded, fined,
9or subjected to other disciplinary action with reference to
10the license when a disciplinary action is authorized under
11this Act and its rules. The notice of hearing, complaint, and
12all other documents in the nature of pleadings and written
13portions filed in the proceedings, the transcript of the
14testimony, the report of the hearing officer, and the orders
15of the Department shall be the records of the proceedings. The
16record may be made available to any person interested in the
17hearing upon payment of the fee required by Section 2105-115
18of the Department of Professional Regulation Law of the Civil
19Administrative Code of Illinois preserve a record of all
20proceedings at the formal hearing of any case. The notice of
21hearing, complaint, and other documents in the nature of
22pleadings and written motions filed in the proceedings, the
23transcript of testimony, the report of the Board, and orders
24of the Department shall be in the record of the proceedings.
25(Source: P.A. 97-1141, eff. 12-28-12.)
 

 

 

HB4665 Enrolled- 42 -LRB102 23904 SPS 33102 b

1    (225 ILCS 30/125)  (from Ch. 111, par. 8401-125)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 125. Motion for rehearing. In any case hearing
4involving the refusal to issue or renew or the discipline of a
5licensee, a copy of the Board's report shall be served upon the
6respondent by the Department, either personally or as provided
7in this Act for the service of the notice of hearing. Within 20
8calendar days after the service, the respondent may present to
9the Department a motion in writing for a rehearing which shall
10specify the particular grounds for rehearing. If no motion for
11rehearing is filed, then upon the expiration of the time
12specified for filing a motion, or if motion for rehearing is
13denied, then upon denial, the Secretary may enter an order in
14accordance with recommendations of the Board, except as
15provided for in Section 120. If the respondent orders a
16transcript of the record from the reporting service and pays
17for it within the time for filing a motion for rehearing, the
1820 calendar day period within which a motion for rehearing may
19be filed shall commence upon the delivery of the transcript to
20the respondent.
21(Source: P.A. 97-1141, eff. 12-28-12.)
 
22    (225 ILCS 30/140)  (from Ch. 111, par. 8401-140)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 140. Order; certified copy. An order or a certified

 

 

HB4665 Enrolled- 43 -LRB102 23904 SPS 33102 b

1copy of an order, over the seal of the Department and
2purporting to be signed by the Secretary, shall be prima facie
3proof:
4        (a) that the signature is the genuine signature of the
5    Secretary; and
6        (b) that the Secretary is duly appointed and
7    qualified; and .
8        (c) that the Board and the members of the Board are
9    qualified to act.
10(Source: P.A. 97-1141, eff. 12-28-12.)
 
11    (225 ILCS 30/165)  (from Ch. 111, par. 8401-165)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 165. Certification of record; receipt. The Department
14shall not be required to certify any record to the Court or
15file any answer in court or otherwise appear in any court in a
16judicial review proceeding, unless and until the Department
17has received from the plaintiff payment of the costs of
18furnishing and certifying the record, which costs shall be
19determined by the Department. Exhibits shall be certified
20without cost. Failure on the part of the plaintiff to file a
21receipt in Court is grounds for dismissal of the action.
22(Source: P.A. 97-1141, eff. 12-28-12.)
 
23    (225 ILCS 30/175)  (from Ch. 111, par. 8401-175)
24    (Section scheduled to be repealed on January 1, 2023)

 

 

HB4665 Enrolled- 44 -LRB102 23904 SPS 33102 b

1    Sec. 175. Illinois Administrative Procedure Act. The
2Illinois Administrative Procedure Act is expressly adopted and
3incorporated as if all of the provisions of that Act were
4included in this Act, except that the provision of paragraph
5(d) of Section 10-65 of the Illinois Administrative Procedure
6Act, which provides that at hearings the licensee or person
7holding a license has the right to show compliance with all
8lawful requirements for retention or continuation of the
9license, is specifically excluded. For the purpose of this
10Act, the notice required under Section 10-25 of the Illinois
11Administrative Procedure Act is deemed sufficient when mailed
12to the last known address of record of a party or when emailed
13to the last known email address of record of a party.
14(Source: P.A. 97-1141, eff. 12-28-12.)
 
15    (225 ILCS 30/37 rep.)
16    (225 ILCS 30/90 rep.)
17    (225 ILCS 30/150 rep.)
18    Section 15. The Dietitian Nutritionist Practice Act is
19amended by repealing Sections 37, 90, and 150.
 
20    Section 99. Effective date. This Act takes effect January
211, 2023, except that this Section and Section 5 take effect
22upon becoming law.