Illinois General Assembly - Full Text of HB5027
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Full Text of HB5027  102nd General Assembly

HB5027 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5027

 

Introduced 1/27/2022, by Rep. Theresa Mah

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 80/4.33
5 ILCS 80/4.38
225 ILCS 63/10
225 ILCS 63/15
225 ILCS 63/17
225 ILCS 63/36 new
225 ILCS 63/110
225 ILCS 63/125
225 ILCS 63/145
225 ILCS 63/150
225 ILCS 63/155
225 ILCS 63/165

    Amends the Naprapathic Practice Act. Provides that naprapathic practice means the diagnosis and treatment (rather than the evaluation) of persons with connective tissue disorders through the use of naprapathic case history and palpation or treatment. Makes other changes to the definition of naprapathic practice. Provides that a person may be qualified to receive a license as a naprapath if he or she is at least 21 years of age (rather than 18 years of age) and, for licenses granted on or after January 1, 2028, has graduated from a 4-year college level program or its equivalent approved by the Department of Financial and Professional Regulation. Creates the Board of Naprapathy. Provides for membership of the Board and duties of the Board. Provides that as part of an investigation the Board shall review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Secretary of Financial and Professional Regulation. Makes changes in provisions concerning definitions; grounds for disciplinary action, refusal, revocation, and suspension of licenses; findings of facts, conclusions of law, and recommendations; hearing officers; service of reports, rehearings, and orders; and orders or certified copies as prima facie proof. Amends the Regulatory Sunset Act. Extends the repeal date of the Naprapathic Practice Act from January 1, 2023 to January 1, 2028. Effective immediately.


LRB102 22884 SPS 32036 b

 

 

A BILL FOR

 

HB5027LRB102 22884 SPS 32036 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 Section 4.33 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 Acts repealed on January 1, 2023.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8Acts are repealed on January 1, 2023: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    Section 10. The Regulatory Sunset Act is amended by
21changing Section 4.38 as follows:
 

 

 

HB5027- 2 -LRB102 22884 SPS 32036 b

1    (5 ILCS 80/4.38)
2    Sec. 4.38. Acts repealed on January 1, 2028. The following
3Acts are repealed on January 1, 2028:
4    The Acupuncture Practice Act.
5    The Clinical Social Work and Social Work Practice Act.
6    The Home Medical Equipment and Services Provider License
7Act.
8    The Illinois Petroleum Education and Marketing Act.
9    The Illinois Speech-Language Pathology and Audiology
10Practice Act.
11    The Interpreter for the Deaf Licensure Act of 2007.
12    The Naprapathic Practice Act.
13    The Nurse Practice Act.
14    The Nursing Home Administrators Licensing and Disciplinary
15Act.
16    The Physician Assistant Practice Act of 1987.
17    The Podiatric Medical Practice Act of 1987.
18(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
19100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
208-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
21100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
22    Section 15. The Naprapathic Practice Act is amended by
23changing Sections 10, 15, 17, 110, 125, 145, 150, 155 and 165
24and by adding Section 36 as follows:
 

 

 

HB5027- 3 -LRB102 22884 SPS 32036 b

1    (225 ILCS 63/10)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 10. Definitions. In this Act:
4    "Address of record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file as maintained by the Department's
7licensure maintenance unit. It is the duty of the applicant or
8licensee to inform the Department of any change of address and
9those changes must be made either through the Department's
10website or by contacting the Department.
11    "Board" means the Board of Naprapathy appointed by the
12Secretary.
13    "Naprapath" means a person who practices Naprapathy and
14who has met all requirements as provided in the Act.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Secretary" means the Secretary of the Department of
18Financial and Professional Regulation.
19    "Referral" means the following of guidance or direction to
20the naprapath given by the licensed physician, dentist, or
21podiatric physician who maintains supervision of the patient.
22    "Documented current and relevant diagnosis" means a
23diagnosis, substantiated by signature or oral verification of
24a licensed physician, dentist, or podiatric physician, that a
25patient's condition is such that it may be treated by
26naprapathy as defined in this Act, which diagnosis shall

 

 

HB5027- 4 -LRB102 22884 SPS 32036 b

1remain in effect until changed by the licensed physician,
2dentist, or podiatric physician.
3(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13.)
 
4    (225 ILCS 63/15)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 15. Practice of naprapathy defined; referrals.
7Naprapathic practice means the diagnosis and treatment
8evaluation of persons with connective tissue disorders through
9the use of naprapathic case history and palpation or treatment
10of persons by the use of connective tissue manipulation,
11therapeutic and rehabilitative exercise, postural counseling,
12nutritional counseling, and the use of the effective
13properties of physical measures of heat, cold, light, water,
14radiant energy, electricity, sound and air, and assistive
15devices for the purpose of preventing, correcting, or
16alleviating a physical disability.
17    Naprapathic practice includes, but is not limited to, the
18treatment of contractures, muscle spasms, inflammation, scar
19tissue formation, adhesions, lesions, laxity, hypotonicity,
20rigidity, structural imbalance, bruising, contusions, muscular
21atrophy, and partial separation of connective tissue fibers.
22    Naprapathic practice also includes: (a) performance of
23specialized tests and measurements, (b) administration of
24specialized treatment procedures, (c) interpretation of
25referrals from licensed physicians, dentists, and podiatric

 

 

HB5027- 5 -LRB102 22884 SPS 32036 b

1physicians, (d) establishment and modification of naprapathic
2treatment programs, and (e) supervision or teaching of
3naprapathy.
4    Naprapathic practice does not include radiology, surgery,
5pharmacology, or invasive diagnostic testing, or determination
6of a differential diagnosis; provided, however, the limitation
7on determining a differential diagnosis shall not in any
8manner limit a naprapath licensed under this Act from
9performing an evaluation authorized under this Act. A
10naprapath licensed under this Act who is not also licensed as a
11physical therapist under the Illinois Physical Therapy Act
12shall not hold himself or herself out as qualified to provide
13physical therapy or physiotherapy services. Nothing in this
14Section shall limit a naprapath from employing appropriate
15naprapathic techniques that he or she is educated and licensed
16to perform. A naprapath shall refer to a licensed physician,
17dentist, or podiatric physician any patient whose medical
18condition should, at the time of evaluation or treatment, be
19determined to be beyond the scope of practice of the
20naprapath.
21(Source: P.A. 98-214, eff. 8-9-13.)
 
22    (225 ILCS 63/17)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 17. Educational and professional qualifications for
25licensure. A person may be qualified to receive a license as a

 

 

HB5027- 6 -LRB102 22884 SPS 32036 b

1naprapath if he or she:
2        (1) is at least 21 18 years of age and of good moral
3    character;
4        (2) for licenses granted on or before December 31,
5    2027, has graduated from a 2-year 2 year college level
6    program or its equivalent approved by the Department;
7        (2.5) for licenses granted on or after January 1,
8    2028, has graduated from a 4-year college level program or
9    its equivalent approved by the Department;
10        (3) has graduated from a curriculum in naprapathy
11    approved by the Department. In approving a curriculum in
12    naprapathy, the Department shall consider, but not be
13    bound by, a curriculum approved by the American
14    Naprapathic Association, the Illinois Naprapathic
15    Association, or a national or regional accrediting body
16    recognized by the U.S. Department of Education;
17        (4) has passed an examination approved by the
18    Department to determine a person's fitness to practice as
19    a naprapath; and
20        (5) has met all other requirements of the Act.
21    The Department has the right and may request a personal
22interview with an applicant to further evaluate a person's
23qualifications for a license.
24(Source: P.A. 97-778, eff. 7-13-12.)
 
25    (225 ILCS 63/36 new)

 

 

HB5027- 7 -LRB102 22884 SPS 32036 b

1    Sec. 36. Board of Naprapathy. The Secretary shall appoint
2a Board of Naprapathy to consist of 7 persons who shall serve
3in an advisory capacity to the Secretary. Four members must
4hold an active license to engage in the practice of naprapathy
5in this State, one member shall be a chiropractic physician
6licensed under the Medical Practice Act of 1987 who is
7actively engaged in the practice of naprapathy, one member
8shall be a physician licensed to practice medicine in all of
9its branches in Illinois, and one member must be a member of
10the public who is not licensed under this Act or a similar Act
11of another jurisdiction and who has no connection with the
12profession.
13    Members shall serve 4-year terms and until their
14successors are appointed and qualified. No member may be
15appointed to more than 2 consecutive full terms. Appointments
16to fill vacancies shall be made in the same manner as original
17appointments for the unexpired portion of the vacated term.
18Initial terms shall begin upon the effective date of this
19amendatory Act of the 102nd General Assembly.
20    The Board may annually elect a chairperson and a
21vice-chairperson who shall preside in the absence of the
22chairperson. The membership of the Board should reasonably
23reflect the demographic diversity of the State as well as
24representation from the geographic areas in this State. The
25Secretary may terminate the appointment of any member for
26cause. The Secretary may give due consideration to all

 

 

HB5027- 8 -LRB102 22884 SPS 32036 b

1recommendations of the Board. A majority of the Board members
2currently appointed shall constitute a quorum. A vacancy in
3the membership of the Board shall not impair the right of a
4quorum to exercise the right and perform all the duties of the
5Board. Members of the Board shall have no liability in any
6action based upon any disciplinary proceeding or other
7activity performed in good faith as a member of the Board.
 
8    (225 ILCS 63/110)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 110. Grounds for disciplinary action; refusal,
11revocation, suspension.
12    (a) The Department may refuse to issue or to renew, or may
13revoke, suspend, place on probation, reprimand or take other
14disciplinary or non-disciplinary action as the Department may
15deem appropriate, including imposing fines not to exceed
16$10,000 for each violation, with regard to any licensee or
17license for any one or combination of the following causes:
18        (1) Violations of this Act or of rules adopted under
19    this Act.
20        (2) Material misstatement in furnishing information to
21    the Department.
22        (3) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment, or
24    by sentencing of any crime, including, but not limited to,
25    convictions, preceding sentences of supervision,

 

 

HB5027- 9 -LRB102 22884 SPS 32036 b

1    conditional discharge, or first offender probation, under
2    the laws of any jurisdiction of the United States: (i)
3    that is a felony or (ii) that is a misdemeanor, an
4    essential element of which is dishonesty, or that is
5    directly related to the practice of the profession.
6        (4) Fraud or any misrepresentation in applying for or
7    procuring a license under this Act or in connection with
8    applying for renewal of a license under this Act.
9        (5) Professional incompetence or gross negligence.
10        (6) Malpractice.
11        (7) Aiding or assisting another person in violating
12    any provision of this Act or its rules.
13        (8) Failing to provide information within 60 days in
14    response to a written request made by the Department.
15        (9) Engaging in dishonorable, unethical, or
16    unprofessional conduct of a character likely to deceive,
17    defraud, or harm the public.
18        (10) Habitual or excessive use or abuse of drugs
19    defined in law as controlled substances, alcohol, or any
20    other substance which results in the inability to practice
21    with reasonable judgment, skill, or safety.
22        (11) Discipline by another U.S. jurisdiction or
23    foreign nation if at least one of the grounds for the
24    discipline is the same or substantially equivalent to
25    those set forth in this Act.
26        (12) Directly or indirectly giving to or receiving

 

 

HB5027- 10 -LRB102 22884 SPS 32036 b

1    from any person, firm, corporation, partnership, or
2    association any fee, commission, rebate, or other form of
3    compensation for any professional services not actually or
4    personally rendered. This shall not be deemed to include
5    rent or other remunerations paid to an individual,
6    partnership, or corporation by a naprapath for the lease,
7    rental, or use of space, owned or controlled by the
8    individual, partnership, corporation, or association.
9    Nothing in this paragraph (12) affects any bona fide
10    independent contractor or employment arrangements among
11    health care professionals, health facilities, health care
12    providers, or other entities, except as otherwise
13    prohibited by law. Any employment arrangements may include
14    provisions for compensation, health insurance, pension, or
15    other employment benefits for the provision of services
16    within the scope of the licensee's practice under this
17    Act. Nothing in this paragraph (12) shall be construed to
18    require an employment arrangement to receive professional
19    fees for services rendered.
20        (13) Using the title "Doctor" or its abbreviation
21    without further clarifying that title or abbreviation with
22    the word "naprapath" or "naprapathy" or the designation
23    "D.N.".
24        (14) A finding by the Department that the licensee,
25    after having his or her license placed on probationary
26    status, has violated the terms of probation.

 

 

HB5027- 11 -LRB102 22884 SPS 32036 b

1        (15) Abandonment of a patient without cause.
2        (16) Willfully making or filing false records or
3    reports relating to a licensee's practice, including but
4    not limited to, false records filed with State agencies or
5    departments.
6        (17) Willfully failing to report an instance of
7    suspected child abuse or neglect as required by the Abused
8    and Neglected Child Reporting Act.
9        (18) Physical or mental illness or disability,
10    including, but not limited to, deterioration through the
11    aging process or loss of motor skill that results in the
12    inability to practice the profession with reasonable
13    judgment, skill, or safety.
14        (19) Solicitation of professional services by means
15    other than permitted advertising.
16        (20) Failure to provide a patient with a copy of his or
17    her record upon the written request of the patient.
18        (21) Cheating on or attempting to subvert the
19    licensing examination administered under this Act.
20        (22) Allowing one's license under this Act to be used
21    by an unlicensed person in violation of this Act.
22        (23) (Blank).
23        (24) Being named as a perpetrator in an indicated
24    report by the Department of Children and Family Services
25    under the Abused and Neglected Child Reporting Act and
26    upon proof by clear and convincing evidence that the

 

 

HB5027- 12 -LRB102 22884 SPS 32036 b

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

 

 

HB5027- 13 -LRB102 22884 SPS 32036 b

1    that diagnosis.
2        (30) Use by a registered naprapath of the word
3    "infirmary", "hospital", "school", "university", in
4    English or any other language, in connection with the
5    place where naprapathy may be practiced or demonstrated.
6        (31) Continuance of a naprapath in the employ of any
7    person, firm, or corporation, or as an assistant to any
8    naprapath or naprapaths, directly or indirectly, after his
9    or her employer or superior has been found guilty of
10    violating or has been enjoined from violating the laws of
11    the State of Illinois relating to the practice of
12    naprapathy when the employer or superior persists in that
13    violation.
14        (32) The performance of naprapathic service in
15    conjunction with a scheme or plan with another person,
16    firm, or corporation known to be advertising in a manner
17    contrary to this Act or otherwise violating the laws of
18    the State of Illinois concerning the practice of
19    naprapathy.
20        (33) Failure to provide satisfactory proof of having
21    participated in approved continuing education programs as
22    determined by and approved by the Secretary. Exceptions
23    for extreme hardships are to be defined by the rules of the
24    Department.
25        (34) (Blank).
26        (35) Gross or willful overcharging for professional

 

 

HB5027- 14 -LRB102 22884 SPS 32036 b

1    services.
2        (36) (Blank).
3    All fines imposed under this Section shall be paid within
460 days after the effective date of the order imposing the
5fine.
6    (b) The Department may refuse to issue or may suspend
7without hearing, as provided for in the Department of
8Professional Regulation Law of the Civil Administrative Code,
9the license of any person who fails to file a return, or pay
10the tax, penalty, or interest shown in a filed return, or pay
11any final assessment of the tax, penalty, or interest as
12required by any tax Act administered by the Illinois
13Department of Revenue, until such time as the requirements of
14any such tax Act are satisfied in accordance with subsection
15(g) of Section 2105-15 of the Department of Professional
16Regulation Law of the Civil Administrative Code of Illinois.
17    (c) (Blank).
18    (d) In cases where the Department of Healthcare and Family
19Services has previously determined a licensee or a potential
20licensee is more than 30 days delinquent in the payment of
21child support and has subsequently certified the delinquency
22to the Department, the Department may refuse to issue or renew
23or may revoke or suspend that person's license or may take
24other disciplinary action against that person based solely
25upon the certification of delinquency made by the Department
26of Healthcare and Family Services in accordance with item (5)

 

 

HB5027- 15 -LRB102 22884 SPS 32036 b

1of subsection (a) of Section 2105-15 of the Department of
2Professional Regulation Law of the Civil Administrative Code
3of Illinois.
4    (e) The determination by a circuit court that a licensee
5is subject to involuntary admission or judicial admission, as
6provided in the Mental Health and Developmental Disabilities
7Code, operates as an automatic suspension. The suspension
8shall end only upon a finding by a court that the patient is no
9longer subject to involuntary admission or judicial admission
10and the issuance of an order so finding and discharging the
11patient and upon the Board's recommendation to the Department
12that the license be restored. Where the circumstances so
13indicate, the Board may recommend to the Department that it
14require an examination prior to restoring a suspended license.
15    (f) In enforcing this Act, the Department, upon a showing
16of a possible violation, may compel an individual licensed to
17practice under this Act, or who has applied for licensure
18under this Act, to submit to a mental or physical examination
19and evaluation, or both, which may include a substance abuse
20or sexual offender evaluation, as required by and at the
21expense of the Department. The Department shall specifically
22designate the examining physician licensed to practice
23medicine in all of its branches or, if applicable, the
24multidisciplinary team involved in providing the mental or
25physical examination and evaluation, or both. The
26multidisciplinary team shall be led by a physician licensed to

 

 

HB5027- 16 -LRB102 22884 SPS 32036 b

1practice medicine in all of its branches and may consist of one
2or more or a combination of physicians licensed to practice
3medicine in all of its branches, licensed chiropractic
4physicians, licensed clinical psychologists, licensed clinical
5social workers, licensed clinical professional counselors, and
6other professional and administrative staff. Any examining
7physician or member of the multidisciplinary team may require
8any person ordered to submit to an examination and evaluation
9pursuant to this Section to submit to any additional
10supplemental testing deemed necessary to complete any
11examination or evaluation process, including, but not limited
12to, blood testing, urinalysis, psychological testing, or
13neuropsychological testing.
14    The Department may order the examining physician or any
15member of the multidisciplinary team to provide to the
16Department any and all records including business records that
17relate to the examination and evaluation, including any
18supplemental testing performed. The Department may order the
19examining physician or any member of the multidisciplinary
20team to present testimony concerning the examination and
21evaluation of the licensee or applicant, including testimony
22concerning any supplemental testing or documents in any way
23related to the examination and evaluation. No information,
24report, record, or other documents in any way related to the
25examination and evaluation shall be excluded by reason of any
26common law or statutory privilege relating to communications

 

 

HB5027- 17 -LRB102 22884 SPS 32036 b

1between the licensee or applicant and the examining physician
2or any member of the multidisciplinary team. No authorization
3is necessary from the licensee or applicant ordered to undergo
4an evaluation and examination for the examining physician or
5any member of the multidisciplinary team to provide
6information, reports, records, or other documents or to
7provide any testimony regarding the examination and
8evaluation. The individual to be examined may have, at his or
9her own expense, another physician of his or her choice
10present during all aspects of this examination. Failure of an
11individual to submit to a mental or physical examination and
12evaluation, or both, when directed, shall result in an
13automatic suspension without hearing, until such time as the
14individual submits to the examination.
15    A person holding a license under this Act or who has
16applied for a license under this Act who, because of a physical
17or mental illness or disability, including, but not limited
18to, deterioration through the aging process or loss of motor
19skill, is unable to practice the profession with reasonable
20judgment, skill, or safety, may be required by the Department
21to submit to care, counseling, or treatment by physicians
22approved or designated by the Department as a condition, term,
23or restriction for continued, reinstated, or renewed licensure
24to practice. Submission to care, counseling, or treatment as
25required by the Department shall not be considered discipline
26of a license. If the licensee refuses to enter into a care,

 

 

HB5027- 18 -LRB102 22884 SPS 32036 b

1counseling, or treatment agreement or fails to abide by the
2terms of the agreement, the Department may file a complaint to
3revoke, suspend, or otherwise discipline the license of the
4individual. The Secretary may order the license suspended
5immediately, pending a hearing by the Department. Fines shall
6not be assessed in disciplinary actions involving physical or
7mental illness or impairment.
8    In instances in which the Secretary immediately suspends a
9person's license under this Section, a hearing on that
10person's license must be convened by the Department within 15
11days after the suspension and completed without appreciable
12delay. The Department and the Board shall have the authority
13to review the subject individual's record of treatment and
14counseling regarding the impairment to the extent permitted by
15applicable federal statutes and regulations safeguarding the
16confidentiality of medical records.
17    An individual licensed under this Act and affected under
18this Section shall be afforded an opportunity to demonstrate
19to the Department that he or she can resume practice in
20compliance with acceptable and prevailing standards under the
21provisions of his or her license.
22(Source: P.A. 100-872, eff. 8-14-18.)
 
23    (225 ILCS 63/125)
24    (Section scheduled to be repealed on January 1, 2023)
25    Sec. 125. Investigation; notice; hearing. The Department

 

 

HB5027- 19 -LRB102 22884 SPS 32036 b

1may investigate the actions of any applicant or of any person
2or persons holding or claiming to hold a license. Before
3refusing to issue, refusing to renew, or taking any
4disciplinary action under Section 110 regarding a license, the
5Department shall, at least 30 days prior to the date set for
6the hearing, notify in writing the applicant for, or holder
7of, a license of the nature of any charges and that a hearing
8will be held on a date designated. The Department shall direct
9the applicant or licensee to file a written answer with the
10Department under oath within 20 days after the service of the
11notice and inform the applicant or licensee that failure to
12file an answer shall result in default being taken against the
13applicant or licensee. At the time and place fixed in the
14notice, the Department shall proceed to hear the charges and
15the parties or their counsel shall be accorded ample
16opportunity to present any pertinent statements, testimony,
17evidence, and arguments. The Department may continue the
18hearing from time to time. If the person, after receiving the
19notice, fails to file an answer, his or her license may, in the
20discretion of the Department, be revoked, suspended, or placed
21on probationary status or the Department may take whatever
22disciplinary action considered proper, including limiting the
23scope, nature, or extent of the person's practice under the
24Act. If the Board is not sitting at the time and place fixed in
25the notice or at the time and place to which the hearing shall
26have been continued, the Department may continue the hearing

 

 

HB5027- 20 -LRB102 22884 SPS 32036 b

1for a period not to exceed 30 days. The written notice in the
2subsequent proceeding may be served by registered or certified
3mail to the licensee's address of record.
4(Source: P.A. 97-778, eff. 7-13-12.)
 
5    (225 ILCS 63/145)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 145. Findings of facts, conclusions of law, and
8recommendations. At the conclusion of the hearing, the Board
9the hearing officer shall present to the Secretary a written
10report of its findings of fact, conclusions of law, and
11recommendations. The report shall contain a finding whether or
12not the accused person violated this Act or failed to comply
13with the conditions required in this Act. The Board hearing
14officer shall specify the nature of the violation or failure
15to comply and shall make its recommendations to the Secretary.
16    The report of findings of fact, conclusions of law, and
17recommendations of the Board hearing officer shall be the
18basis for the Department's order refusing to issue, restore,
19or renew a license, or otherwise disciplining a licensee. If
20the Secretary disagrees in any regard with the report of the
21Board hearing officer, the Secretary may issue an order in
22contravention of the Boards hearing officer's recommendations.
23The finding is not admissible in evidence against the person
24in a criminal prosecution brought for the violation of this
25Act, but the hearing and findings are not a bar to a criminal

 

 

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1prosecution brought for the violation of this Act.
2    If the Secretary fails to issue a final order within 30
3days after the receipt of the Board's hearing officer's
4findings of fact, conclusions of law, and recommendations,
5then the Board's hearing officer's findings of fact,
6conclusions of law, and recommendations shall become a final
7order of the Department without further review.
8(Source: P.A. 97-778, eff. 7-13-12.)
 
9    (225 ILCS 63/150)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 150. Hearing officer. The Secretary shall have the
12authority to appoint any attorney duly licensed to practice
13law in the State of Illinois to serve as the hearing officer in
14any action for Departmental refusal to issue, renew, or
15license an applicant, or disciplinary action against a
16licensee. The hearing officer shall have full authority to
17conduct the hearing. The hearing officer shall report his or
18her findings of fact, conclusions of law, and recommendations
19to the Board and the Secretary. The Board shall review the
20report of the hearing officer and present its findings of
21fact, conclusions of law, and recommendations to the Secretary
22If the Secretary disagrees with the recommendation of the
23hearing officer, he or she may issue an order in contravention
24of that recommendation.
25(Source: P.A. 97-778, eff. 7-13-12.)
 

 

 

HB5027- 22 -LRB102 22884 SPS 32036 b

1    (225 ILCS 63/155)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 155. Service of report; rehearing; order. In any case
4involving the refusal to issue or renew or the discipline of a
5license, a copy of the Board's hearing officer's report shall
6be served upon the respondent by the Department, either
7personally or as provided in this Act for the service of the
8notice of hearing. Within 20 days after the service, the
9respondent may present to the Department a motion in writing
10for a rehearing that shall specify the particular grounds for
11rehearing. If no motion for rehearing is filed, then upon the
12expiration of the time specified for filing a motion, or if a
13motion for rehearing is denied, then upon the denial the
14Secretary may enter an order in accordance with this Act. If
15the respondent orders from the reporting service and pays for
16a transcript of the record within the time for filing a motion
17for rehearing, the 20 calendar day period within which the
18motion may be filed shall commence upon the delivery of the
19transcript to the respondent.
20(Source: P.A. 97-778, eff. 7-13-12.)
 
21    (225 ILCS 63/165)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 165. Order or certified copy as prima facie proof. An
24order or a certified copy thereof, over the seal of the

 

 

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1Department and purporting to be signed by the Secretary, shall
2be prima facie proof:
3        (a) that the signature is the genuine signature of the
4    Secretary; and
5        (b) that such Secretary is duly appointed and
6    qualified; and .
7        (c) that the Board and its members are qualified to
8    act.
9(Source: P.A. 97-778, eff. 7-13-12.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.