Illinois General Assembly - Full Text of HB2630
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Full Text of HB2630  100th General Assembly

HB2630ham001 100TH GENERAL ASSEMBLY

Rep. Theresa Mah

Filed: 3/24/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2630

2    AMENDMENT NO. ______. Amend House Bill 2630 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.28 and by adding Section 4.38 as follows:
 
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.

 

 

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1    The Pharmacy Practice Act.
2    The Home Medical Equipment and Services Provider License
3Act.
4    The Marriage and Family Therapy Licensing Act.
5    The Nursing Home Administrators Licensing and Disciplinary
6Act.
7    The Physician Assistant Practice Act of 1987.
8(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
995-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
109-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
11eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
1296-328, eff. 8-11-09.)
 
13    (5 ILCS 80/4.38 new)
14    Sec. 4.38. Act repealed on January 1, 2028. The following
15Act is repealed on January 1, 2028:
16    The Acupuncture Practice Act.
 
17    Section 10. The Acupuncture Practice Act is amended by
18changing Sections 5, 10, 15, 20, 20.1, 25, 30, 35, 40, 50, 60,
1970, 105, 110, 120, 130, 140, 152, 160, 170, 175, 190, and 200
20and by adding Sections 12, 20.2, and 142 as follows:
 
21    (225 ILCS 2/5)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 5. Objects and purpose. The practice of acupuncture in

 

 

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1the State of Illinois is hereby declared to affect the public
2health, safety, and welfare and to be subject to regulation and
3control in the public interest. It is further declared to be a
4matter of public interest and concern that the practice of
5acupuncture as defined in this Act merit and receive the
6confidence of the public, and that only qualified persons, as
7set forth by this Act, be authorized to practice acupuncture in
8the State of Illinois. This Act shall be liberally construed to
9best carry out these subjects and purposes.
10(Source: P.A. 89-706, eff. 1-31-97.)
 
11    (225 ILCS 2/10)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 10. Definitions. As used in this Act:
14    "Acupuncture" means the evaluation or treatment that is
15effected by stimulating of persons affected through a method of
16stimulation of a certain body points point or points on or
17immediately below the surface of the body by the insertion of
18pre-sterilized, single-use, disposable needles, unless
19medically contraindicated. "Acupuncture" includes, but is not
20limited to, stimulation that may be effected by , with or
21without the application of heat, including far infrared, or
22cold, electricity, electro or magnetic electronic stimulation,
23cold laser, vibration, cupping, gua sha, or manual pressure, or
24other methods, with or without the concurrent use of needles,
25to prevent or modify the perception of pain, to normalize

 

 

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1physiological functions, or for the treatment of certain
2diseases or dysfunctions of the body and includes the
3determination of a care regimen or treatment protocol according
4to traditional East Asian principles and activities referenced
5in Section 15 of this Act for which a written referral is not
6required. In accordance with this Section, the practice known
7as dry needling or intramuscular manual stimulation, or similar
8wording intended to describe such practice, is determined to be
9within the definition, scope, and practice of acupuncture.
10Acupuncture also includes evaluation or treatment in
11accordance with traditional and modern practices of East Asian
12medical theory, including, but not limited to, moxibustion,
13herbal medicinals, natural or dietary supplements, manual
14methods, exercise, and diet to prevent or modify the perception
15of pain, to normalize physiological functions, or for the
16treatment of diseases or dysfunctions of the body and includes
17activities referenced in Section 15 of this Act for which a
18written referral is not required. Acupuncture does not include
19radiology, electrosurgery, chiropractic technique, physical
20therapy, naprapathic technique, use or prescribing of any
21pharmaceuticals, drugs, medications, herbal preparations,
22nutritional supplements, serums, or vaccines, or determination
23of a differential diagnosis. An acupuncturist licensed
24registered under this Act who is not also licensed as a
25physical therapist under the Illinois Physical Therapy Act
26shall not hold himself or herself out as being qualified to

 

 

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1provide physical therapy or physiotherapy services. An
2acupuncturist shall refer to a licensed physician or dentist,
3any patient whose condition should, at the time of evaluation
4or treatment, be determined to be beyond the scope of practice
5of the acupuncturist.
6    "Acupuncturist" means a person who practices acupuncture
7in all its forms, including traditional and modern practices in
8both teachings and delivery, and who is licensed by the
9Department. An acupuncturist shall refer to a licensed
10physician or dentist any patient whose condition should, at the
11time of evaluation or treatment, be determined to be beyond the
12scope of practice of the acupuncturist.
13    "Address of record" means the designated address recorded
14by the Department in the applicant's or licensee's application
15file or license file as maintained by the Department's
16licensure maintenance unit.
17    "Board" means the Board of Acupuncture appointed by the
18Secretary.
19    "Dentist" means a person licensed under the Illinois Dental
20Practice Act.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Email address of record" means the designated email
24address recorded by the Department in the applicant's
25application file or the licensee's license file as maintained
26by the Department's licensure maintenance unit.

 

 

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1    "Physician" means a person licensed under the Medical
2Practice Act of 1987.
3    "Referral by written order" for purposes of this Act means
4a diagnosis, substantiated by signature of a physician or
5dentist, identifying a patient's condition and recommending
6treatment by acupuncture as defined in this Act. The diagnosis
7shall remain in effect until changed by the physician or
8dentist who may, through express direction in the referral,
9maintain management of the patient.
10    "Secretary" means the Secretary of Financial and
11Professional Regulation.
12    "State" includes:
13        (1) the states of the United States of America;
14        (2) the District of Columbia; and
15        (3) the Commonwealth of Puerto Rico.
16(Source: P.A. 95-450, eff. 8-27-07.)
 
17    (225 ILCS 2/12 new)
18    Sec. 12. Address of record; email address of record. All
19applicants and licensees shall:
20        (1) provide a valid address and email address to the
21    Department, which shall serve as the address of record and
22    email address of record, respectively, at the time of
23    application for licensure or renewal of a license; and
24        (2) inform the Department of any change of address of
25    record or email address of record within 14 days after such

 

 

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1    change either through the Department's website or by
2    contacting the Department's licensure maintenance unit.
 
3    (225 ILCS 2/15)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 15. Who may practice acupuncture. No person licensed
6under this Act may treat human ailments otherwise than by the
7practice of acupuncture as defined in this Act and shall only
8practice acupuncture consistent with the education and
9certifications obtained pursuant to the requirements set forth
10in this Act. A physician or dentist licensed in Illinois may
11practice acupuncture in accordance with his or her training
12pursuant to this Act or the Medical Practice Act of 1987. A
13physician or a dentist may refer by written order a patient to
14an acupuncturist for the practice of acupuncture as defined in
15this Act and may, through express direction in the referral,
16maintain management of the patient. Nothing in this Act shall
17be construed to require a referral of a patient to an
18acupuncturist for evaluation and treatment based on
19acupuncture principles and techniques as taught by schools
20accredited by the Accreditation Commission for Acupuncture and
21Oriental Medicine or a similar accrediting body approved by the
22Department. An acupuncturist shall refer to a licensed
23physician or dentist, any patient whose condition should, at
24the time of evaluation or treatment, be determined to be beyond
25the scope of practice of the acupuncturist.

 

 

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1    Nothing in this Act regarding the use of dietary
2supplements or herbs shall be construed to prohibit a person
3licensed in this State under any other Act from engaging in the
4practice for which he or she is licensed.
5(Source: P.A. 93-999, eff. 8-23-04.)
 
6    (225 ILCS 2/20)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 20. Exempt activities. This Act does not prohibit any
9person licensed in this State as a dentist or physician from
10engaging in the practice for which he or she is licensed.
11(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
 
12    (225 ILCS 2/20.1)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 20.1. Guest instructors of acupuncture; professional
15education. The provisions of this Act do not prohibit an
16acupuncturist from another state or country, who is not
17licensed under this Act and who is an invited guest of a
18professional acupuncture association or scientific acupuncture
19foundation or an acupuncture training program or continuing
20education provider approved by the Department under this Act,
21from engaging in professional education through lectures,
22clinics, or demonstrations, provided that the acupuncturist is
23currently licensed in another state or country and his or her
24license is active and has not been disciplined, or he or she is

 

 

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1currently certified in good standing as an acupuncturist by the
2National Certification Commission for Acupuncture and Oriental
3Medicine or similar body approved by the Department.
4    Licensees under this Act may engage in professional
5education through lectures, clinics, or demonstrations as an
6invited guest of a professional acupuncture association or
7scientific acupuncture foundation or an acupuncture training
8program or continuing education provider approved by the
9Department under this Act. The Department may, but is not
10required to, establish rules concerning this Section.
11(Source: P.A. 95-450, eff. 8-27-07; 96-255, eff. 8-11-09;
1296-483, eff. 8-14-09.)
 
13    (225 ILCS 2/20.2 new)
14    Sec. 20.2. Guest practitioners of acupuncture. The
15provisions of this Act do not prohibit an acupuncturist from
16another state or country who is not licensed under the Act from
17practicing in Illinois during a state of emergency as declared
18by the Governor of Illinois, provided that the acupuncturist is
19currently licensed in another state or country and his or her
20license is active and has not been disciplined, or he or she is
21certified by the National Certification Commission for
22Acupuncture and Oriental Medicine or similar body approved by
23the Department. Such practice is limited to the time period
24during which the declared state of emergency is in effect and
25may not exceed 2 consecutive weeks or a total of 30 days in one

 

 

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1calendar year.
 
2    (225 ILCS 2/25)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 25. Powers and duties of Department. The Department
5shall exercise powers and duties under this Act as follows:
6        (1) Review applications to ascertain the
7    qualifications of applicants for licensure.
8        (2) Adopt rules consistent with the provisions of this
9    Act for its administration and enforcement and may
10    prescribe forms that shall be used in connection with this
11    Act. The rules may define standards and criteria for
12    professional conduct and discipline. The Department shall
13    consult with the Board in adopting rules. Notice of
14    proposed rulemaking shall be transmitted to the Board, and
15    the Department shall review the Board's response and any
16    recommendations made in the response.
17        (3) The Department may at any time seek the advice and
18    the expert knowledge of the Board on any matter relating to
19    the administration of this Act.
20(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
 
21    (225 ILCS 2/30)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 30. Illinois Administrative Procedure Act. The
24Illinois Administrative Procedure Act is hereby expressly

 

 

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1adopted and incorporated herein as if all of the provisions of
2that Act were included in this Act, except that the provision
3of subsection (d) of Section 10-65 of the Illinois
4Administrative Procedure Act, which provides that at hearings
5the licensee has the right to show compliance with all lawful
6requirements for retention or continuation or renewal of the
7license, is specifically excluded. For the purposes of this
8Act, the notice required under Section 10-25 of the Illinois
9Administrative Procedure Act is deemed sufficient when mailed
10to the address of record. shall apply to all administrative
11rules and procedures of the Department under this Act, except
12that in the case of a conflict between the Illinois
13Administrative Procedure Act and this Act, the provisions of
14this Act shall control.
15(Source: P.A. 89-706, eff. 1-31-97.)
 
16    (225 ILCS 2/35)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 35. Board of Acupuncture. The Secretary shall appoint
19a Board of Acupuncture to consist of 7 persons who shall be
20appointed by and shall serve in an advisory capacity to the
21Secretary. Four members must hold an active license to engage
22in the practice of acupuncture in this State, one member shall
23be a chiropractic physician licensed under the Medical Practice
24Act of 1987 who is actively engaged in the practice of
25acupuncture, one member shall be a physician licensed to

 

 

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1practice medicine in all of its branches in Illinois, and one
2member must be a member of the public who is not licensed under
3this Act or a similar Act of another jurisdiction and who has
4no connection with the profession.
5    Members shall serve 4-year terms and until their successors
6are appointed and qualified. No member may be appointed to more
7than 2 consecutive full terms shall be reappointed to the Board
8for a term that would cause his or her continuous service on
9the Board to be longer than 8 consecutive years. Appointments
10to fill vacancies shall be made in the same manner as original
11appointments for the unexpired portion of the vacated term.
12Initial terms shall begin upon the effective date of this
13amendatory Act of 1997.
14    The Board may annually elect a chairperson and a
15vice-chairperson who shall preside in the absence of the
16chairperson. The membership of the Board should reasonably
17reflect representation from the geographic areas in this State.
18The Secretary may terminate the appointment of any member for
19cause. The Secretary may give due consideration to all
20recommendations of the Board. A majority of the Board members
21currently appointed shall constitute a quorum. A vacancy in the
22membership of the Board shall not impair the right of a quorum
23to exercise the right and perform all the duties of the Board.
24Members of the Board shall have no liability in any action
25based upon any disciplinary proceeding or other activity
26performed in good faith as a member of the Board.

 

 

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1(Source: P.A. 95-450, eff. 8-27-07.)
 
2    (225 ILCS 2/40)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 40. Application for licensure. Applications for
5original licensure as an acupuncturist shall be made to the
6Department in writing on forms prescribed by the Department and
7shall be accompanied by the required fee, which shall not be
8refundable.
9    Until December 31, 2001, applicants shall submit with the
10application proof of passing the National Certification
11Commission for Acupuncture and Oriental Medicine examination
12or a substantially equivalent examination approved by the
13Department or meeting any other qualifications established by
14the Department.
15    The On and after January 1, 2002, the Department may shall
16issue a license to an applicant who submits with the
17application proof of each of the following:
18        (1)(A) graduation from a school accredited by the
19    Accreditation Commission for Acupuncture and Oriental
20    Medicine or a similar accrediting body approved by the
21    Department; or (B) completion of a comprehensive
22    educational program approved by the Department; and
23        (2) for applications submitted on or before December
24    31, 2019, passing the National Certification Commission
25    for Acupuncture and Oriental Medicine examination or a

 

 

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1    substantially equivalent examination approved by the
2    Department; for applications submitted on or after January
3    1, 2020, demonstration of status as a Diplomate of
4    Acupuncture or Diplomate of Oriental Medicine with the
5    National Certification Commission for Acupuncture and
6    Oriental Medicine or a substantially equivalent credential
7    as approved by the Department.
8    An applicant has 3 years from the date of his or her
9application to complete the application process. If the process
10has not been completed in 3 years, the application shall be
11denied, the fee shall be forfeited, and the applicant must
12reapply and meet the requirements in effect at the time of
13reapplication.
14(Source: P.A. 93-999, eff. 8-23-04.)
 
15    (225 ILCS 2/50)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 50. Practice prohibited. Unless he or she has been
18issued, by the Department, a valid, existing license as an
19acupuncturist under this Act, no person may use the title and
20designation of "Acupuncturist", "Licensed Acupuncturist",
21"Certified Acupuncturist", "Doctor of Acupuncture and Chinese
22Medicine", "Doctor of Acupuncture and Oriental Medicine",
23"Doctor of Acupuncture", "Oriental Medicine Practitioner",
24"Licensed Oriental Medicine Practitioner", "Oriental Medicine
25Doctor", "Licensed Oriental Medicine Doctor", "C.A.", "Act.",

 

 

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1"Lic. Act.", or "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or
2"O.M.D." either directly or indirectly, in connection with his
3or her profession or business. No person licensed under this
4Act may use the designation "medical", directly or indirectly,
5in connection with his or her profession or business. Nothing
6shall prevent a physician from using the designation
7"Acupuncturist".
8    No person may practice, offer to practice, attempt to
9practice, or hold himself or herself out to practice as a
10licensed acupuncturist without being licensed under this Act.
11    This Act does not prohibit a person from applying
12acupuncture needles, modalities, or techniques as part of his
13or her educational training when he or she:
14        (1) is engaged in a State-approved course in
15    acupuncture, as provided in this Act;
16        (2) is a graduate of a school of acupuncture and
17    participating in a postgraduate training program;
18        (3) is a graduate of a school of acupuncture and
19    participating in a review course in preparation for taking
20    the National Certification Commission for Acupuncture and
21    Oriental Medicine examination; or
22        (4) is participating in a State-approved continuing
23    education course offered through a State-approved
24    provider.
25    Students attending schools of acupuncture, and
26professional acupuncturists who are not licensed in Illinois,

 

 

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1may engage in the practice of the application of acupuncture
2techniques in conjunction with their education as provided in
3this Act, but may not open an office, appoint a place to meet
4private patients, consult with private patients, or otherwise
5engage in the practice of acupuncture beyond what is required
6in conjunction with their education.
7(Source: P.A. 92-70, eff. 7-12-01.)
 
8    (225 ILCS 2/60)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 60. Exhibition of license upon request; change of
11address. A licensee shall, whenever requested, exhibit his or
12her license to any representative of the Department and shall
13notify the Department of the address or addresses, and of every
14change of address, where the licensee practices acupuncture.
15(Source: P.A. 95-450, eff. 8-27-07.)
 
16    (225 ILCS 2/70)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 70. Renewal, reinstatement, or restoration of
19license; continuing education; military service. The
20expiration date and renewal period for each license issued
21under this Act shall be set by rule. The holder of a license
22may renew that license during the month preceding its
23expiration date by paying the required fee.
24    In order to renew or restore a license, applicants shall

 

 

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1provide proof of having met the requirements of continuing
2education set forth in the rules of the Department. Continuing
3education sponsors approved by the Department may not use an
4individual to engage in clinical demonstration, unless that
5individual is actively licensed under this Act or licensed by
6another state or country as set forth in Section 20.1 of this
7Act.
8    A person who has permitted his or her license to expire or
9who has had his or her license on inactive status may have the
10license restored by submitting an application to the
11Department, by meeting continuing education requirements, and
12by filing proof acceptable to the Department of fitness to have
13the license restored, which may include sworn evidence
14certifying to active practice in another jurisdiction
15satisfactory to the Department and by paying the required
16restoration fee. If the person has not maintained an active
17practice in another jurisdiction satisfactory to the
18Department, the Department shall determine, by an evaluation
19program established by rule, his or her fitness to resume
20active status and may require the person to complete a period
21of evaluated clinical experience and may require successful
22completion of a practical examination.
23    Any acupuncturist whose license expired while he or she was
24(1) in federal service on active duty with the Armed Forces of
25the United States or the State Militia called into service or
26training or (2) in training or education under the supervision

 

 

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1of the United States preliminary to induction into the military
2service, however, may have his or her license registration
3restored without paying any lapsed renewal fees if within 2
4years after honorable termination of service, training, or
5education, he or she furnishes the Department with satisfactory
6evidence that he or she has been so engaged and that his or her
7service, training, or education has been terminated.
8(Source: P.A. 95-450, eff. 8-27-07.)
 
9    (225 ILCS 2/105)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 105. Unlicensed practice; civil penalty.
12    (a) A person who practices, offers to practice, attempts to
13practice, or holds himself or herself out to practice as a
14licensed acupuncturist without being licensed under this Act
15shall, in addition to any other penalty provided by law, pay a
16civil penalty to the Department in an amount not to exceed
17$10,000 for each offense as determined by the Department. The
18civil penalty shall be assessed by the Department after a
19hearing is held in accordance with the provisions set forth in
20this Act regarding the provision of a hearing for the
21discipline of a licensee.
22    (b) The Department has the authority and power to
23investigate any and all unlicensed activity.
24    (c) The civil penalty shall be paid within 60 days after
25the effective date of the order imposing the civil penalty. The

 

 

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1order shall constitute a judgment and may be filed and
2execution had thereon in the same manner as any judgment from
3any court of record.
4(Source: P.A. 95-450, eff. 8-27-07.)
 
5    (225 ILCS 2/110)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 110. Grounds for disciplinary action.
8    (a) The Department may refuse to issue or to renew, place
9on probation, suspend, revoke or take other disciplinary or
10non-disciplinary action as deemed appropriate including the
11imposition of fines not to exceed $10,000 for each violation,
12as the Department may deem proper, with regard to a license for
13any one or combination of the following causes:
14        (1) Violations of this the Act or its rules.
15        (2) Conviction by or plea of guilty or nolo contendere,
16    finding of guilt, jury verdict, or entry of judgment or
17    sentencing, including, but not limited to, convictions,
18    preceding sentences of supervision, conditional discharge,
19    or first offender probation, under the laws of any
20    jurisdiction of the United States that is of any crime
21    under the laws of the United States or any state or
22    territory thereof that is (i) a felony or (ii) a
23    misdemeanor, an essential element of which is dishonesty or
24    that is directly related to the practice of the profession.
25        (3) Making any misrepresentation for the purpose of

 

 

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1    obtaining a license.
2        (4) Aiding or assisting another person in violating any
3    provision of this Act or its rules.
4        (5) Failing to provide information within 60 days in
5    response to a written request made by the Department which
6    has been sent by certified or registered mail to the
7    licensee's last known address of record or by email to the
8    licensee's email address of record.
9        (6) Discipline by another U.S. jurisdiction or foreign
10    nation, if at least one of the grounds for the discipline
11    is the same or substantially equivalent to one set forth in
12    this Section.
13        (7) Solicitation of professional services by means
14    other than permitted under this Act.
15        (8) Failure to provide a patient with a copy of his or
16    her record upon the written request of the patient.
17        (9) Gross negligence in the practice of acupuncture.
18        (10) Habitual or excessive use or addiction to alcohol,
19    narcotics, stimulants, or any other chemical agent or drug
20    that results in an acupuncturist's inability to practice
21    with reasonable judgment, skill, or safety.
22        (11) A finding that licensure has been applied for or
23    obtained by fraudulent means.
24        (12) A pattern of practice or other behavior that
25    demonstrates incapacity or incompetence to practice under
26    this Act.

 

 

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1        (13) Being named as a perpetrator in an indicated
2    report by the Department of Children and Family Services
3    under the Abused and Neglected Child Reporting Act and upon
4    proof by clear and convincing evidence that the licensee
5    has caused a child to be an abused child or a neglected
6    child as defined in the Abused and Neglected Child
7    Reporting Act.
8        (14) Willfully Wilfully failing to report an instance
9    of suspected child abuse or neglect as required by the
10    Abused and Neglected Child Reporting Act.
11        (15) The use of any words, abbreviations, figures or
12    letters (such as "Acupuncturist", "Licensed
13    Acupuncturist", "Certified Acupuncturist", "Doctor of
14    Acupuncture and Chinese Medicine", "Doctor of Acupuncture
15    and Oriental Medicine", "Doctor of Acupuncture", "Oriental
16    Medicine Practitioner", "Licensed Oriental Medicine
17    Practitioner", "Oriental Medicine Doctor", "Licensed
18    Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.", or
19    "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any
20    designation used by the Accreditation Commission for
21    Acupuncture and Oriental Medicine with the intention of
22    indicating practice as a licensed acupuncturist without a
23    valid license as an acupuncturist issued under this Act.
24        When the name of the licensed acupuncturist is used
25    professionally in oral, written, or printed announcements,
26    professional cards, or publications for the information of

 

 

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1    the public, the degree title or degree abbreviation shall
2    be added immediately following title and name. When the
3    announcement, professional card, or publication is in
4    writing or in print, the explanatory addition shall be in
5    writing, type, or print not less than 1/2 the size of that
6    used in the name and title. No person other than the holder
7    of a valid existing license under this Act shall use the
8    title and designation of "acupuncturist", either directly
9    or indirectly, in connection with his or her profession or
10    business.
11        (16) Using claims of superior quality of care to entice
12    the public or advertising fee comparisons of available
13    services with those of other persons providing acupuncture
14    services.
15        (17) Advertising of professional services that the
16    offeror of the services is not licensed to render.
17    Advertising of professional services that contains false,
18    fraudulent, deceptive, or misleading material or
19    guarantees of success, statements that play upon the vanity
20    or fears of the public, or statements that promote or
21    produce unfair competition.
22        (18) Having treated ailments of human beings other than
23    by the practice of acupuncture as defined in this Act, or
24    having treated ailments of human beings as a licensed
25    acupuncturist pursuant to a referral by written order that
26    provides for management of the patient by a physician or

 

 

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1    dentist without having notified the physician or dentist
2    who established the diagnosis that the patient is receiving
3    acupuncture treatments treatment.
4        (19) Unethical, unauthorized, or unprofessional
5    conduct as defined by rule.
6        (20) Physical illness, mental illness, or other
7    impairment that results in the inability to practice the
8    profession with reasonable judgment, skill, and safety,
9    including, without limitation, deterioration through the
10    aging process, mental illness, or disability.
11        (21) Violation of the Health Care Worker Self-Referral
12    Act.
13        (22) Failure to refer a patient whose condition should,
14    at the time of evaluation or treatment, be determined to be
15    beyond the scope of practice of the acupuncturist to a
16    licensed physician or dentist.
17    The entry of an order by a circuit court establishing that
18any person holding a license under this Act is subject to
19involuntary admission or judicial admission as provided for in
20the Mental Health and Developmental Disabilities Code operates
21as an automatic suspension of that license. That person may
22have his or her license restored only upon the determination by
23a circuit court that the patient is no longer subject to
24involuntary admission or judicial admission and the issuance of
25an order so finding and discharging the patient and upon the
26Board's recommendation to the Department that the license be

 

 

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1restored. Where the circumstances so indicate, the Board may
2recommend to the Department that it require an examination
3prior to restoring a suspended license.
4    The Department may refuse to issue or renew the license of
5any person who fails to (i) file a return or to pay the tax,
6penalty or interest shown in a filed return or (ii) pay any
7final assessment of the tax, penalty, or interest as required
8by any tax Act administered by the Illinois Department of
9Revenue, until the time that the requirements of that tax Act
10are satisfied.
11    In enforcing this Section, the Department or Board upon a
12showing of a possible violation may compel an individual
13licensed to practice under this Act, or who has applied for
14licensure under this Act, to submit to a mental or physical
15examination, or both, as required by and at the expense of the
16Department. The Department or Board may order the examining
17physician to present testimony concerning the mental or
18physical examination of the licensee or applicant. No
19information shall be excluded by reason of any common law or
20statutory privilege relating to communications between the
21licensee or applicant and the examining physician. The
22examining physicians shall be specifically designated by the
23Board or Department. The individual to be examined may have, at
24his or her own expense, another physician of his or her choice
25present during all aspects of this examination. Failure of an
26individual to submit to a mental or physical examination, when

 

 

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1directed, shall be grounds for suspension of his or her license
2until the individual submits to the examination if the
3Department finds, after notice and hearing, that the refusal to
4submit to the examination was without reasonable cause.
5    If the Department or Board finds an individual unable to
6practice because of the reasons set forth in this Section, the
7Department or Board may require that individual to submit to
8care, counseling, or treatment by physicians approved or
9designated by the Department or Board, as a condition, term, or
10restriction for continued, restored reinstated, or renewed
11licensure to practice; or, in lieu of care, counseling, or
12treatment, the Department may file, or the Board may recommend
13to the Department to file, a complaint to immediately suspend,
14revoke, or otherwise discipline the license of the individual.
15An individual whose license was granted, continued, restored
16reinstated, renewed, disciplined or supervised subject to such
17terms, conditions, or restrictions, and who fails to comply
18with such terms, conditions, or restrictions, shall be referred
19to the Secretary for a determination as to whether the
20individual shall have his or her license suspended immediately,
21pending a hearing by the Department.
22    In instances in which the Secretary immediately suspends a
23person's license under this Section, a hearing on that person's
24license must be convened by the Department within 30 days after
25the suspension and completed without appreciable delay. The
26Department and Board shall have the authority to review the

 

 

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1subject individual's record of treatment and counseling
2regarding the impairment to the extent permitted by applicable
3federal statutes and regulations safeguarding the
4confidentiality of medical records.
5    An individual licensed under this Act and affected under
6this Section shall be afforded an opportunity to demonstrate to
7the Department or Board that he or she can resume practice in
8compliance with acceptable and prevailing standards under the
9provisions of his or her license.
10(Source: P.A. 95-450, eff. 8-27-07.)
 
11    (225 ILCS 2/120)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 120. Checks or orders to Department dishonored because
14of insufficient funds. Any person who issues or delivers a
15check or other order to the Department that is not honored on 2
16occasions by the financial institution upon which it is drawn
17because of insufficient funds on account, the account is
18closed, or a stop payment has been placed on the check or order
19shall pay to the Department, in addition to the amount owing
20upon the check or other order, a fee of $50. If the check or
21other order was issued or delivered in payment of a renewal or
22issuance fee and the person whose license registration has
23lapsed continues to practice acupuncture without paying the
24renewal or issuance fee and the required $50 fee under this
25Section, an additional fee of $100 shall be imposed. The fees

 

 

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1imposed by this Section are in addition to any other
2disciplinary provision under this Act prohibiting practice on
3an expired or non-renewed license registration. The Department
4shall mail a registration renewal form to each registrant 60
5days before the expiration of the registrant's current
6registration. The Department shall notify a person whose
7registration has lapsed, within 30 days after the discovery of
8the lapse, that the individual is engaged in the unauthorized
9practice of acupuncture and of the amount due to the Department
10which shall include the lapsed renewal fee and all other fees
11required by this Section. If after the expiration of 30 days
12from the date of the notification a person whose license
13registration has lapsed seeks a current license registration,
14he or she shall thereafter apply to the Department for
15restoration of the license registration and pay all fees due to
16the Department. The Department may establish a fee for the
17processing of an application for restoration of a license
18registration that allows the Department to pay all costs and
19expenses incident to the processing of this application. The
20Secretary may waive the fees due under this Section in
21individual cases where he or she finds that the fees would be
22unreasonably or unnecessarily burdensome.
23(Source: P.A. 95-450, eff. 8-27-07.)
 
24    (225 ILCS 2/130)
25    (Section scheduled to be repealed on January 1, 2018)

 

 

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1    Sec. 130. Injunctions; criminal offenses; cease and desist
2order.
3    (a) If any person violates the provisions of this Act, the
4Secretary may, in the name of the People of the State of
5Illinois, through the Attorney General of the State of Illinois
6or the State's Attorney for any county in which the action is
7brought, petition for an order enjoining the violation or for
8an order enforcing compliance with this Act. Upon the filing of
9a verified petition in court, the court may issue a temporary
10restraining order, without notice or condition, and may
11preliminarily and permanently enjoin the violation. If it is
12established that the person has violated or is violating the
13injunction, the court Court may punish the offender for
14contempt of court. Proceedings under this Section shall be in
15addition to, and not in lieu of, all other remedies and
16penalties provided by this Act.
17    (b) Whenever in the opinion of the Department a person
18violates a provision of this Act, the Department may issue a
19rule to show cause why an order to cease and desist should not
20be entered against that person. The rule shall clearly set
21forth the grounds relied upon by the Department and shall allow
22at least 7 days from the date of the rule to file an answer to
23the satisfaction of the Department. Failure to answer to the
24satisfaction of the Department shall cause an order to cease
25and desist to be issued immediately.
26    (c) Other than as provided in Section 20 of this Act, if

 

 

10000HB2630ham001- 29 -LRB100 09385 SMS 24238 a

1any person practices as an acupuncturist or holds himself or
2herself out as a licensed acupuncturist under this Act without
3being issued a valid existing license by the Department, then
4any licensed acupuncturist, any interested party, or any person
5injured thereby may, in addition to the Secretary, petition for
6relief as provided in subsection (a) of this Section.
7(Source: P.A. 95-450, eff. 8-27-07.)
 
8    (225 ILCS 2/140)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 140. Investigation; notice; hearing. Licenses may be
11refused, revoked, suspended, or otherwise disciplined in the
12manner provided by this Act and not otherwise. The Department
13may upon its own motion or upon the complaint of any person
14setting forth facts that if proven would constitute grounds for
15refusal to issue or renew or for suspension, revocation, or
16other disciplinary action under this Act, investigate the
17actions of a person applying for, holding, or claiming to hold
18a license. The Department shall, before refusing to issue or
19renew, suspending, revoking, or taking other disciplinary
20action regarding a license or taking other discipline pursuant
21to Section 110 of this Act, and at least 30 days prior to the
22date set for the hearing, notify in writing the applicant or
23licensee of any charges made, shall afford the applicant or
24licensee an opportunity to be heard in person or by counsel in
25reference to the charges, and direct the applicant or licensee

 

 

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1to file a written answer to the Department under oath within 20
2days after the service of the notice and inform the applicant
3or licensee that failure to file an answer will result in
4default being taken against the applicant or licensee and that
5the license may be suspended, revoked, placed on probationary
6status, or other disciplinary action may be taken, including
7limiting the scope, nature, or extent of practice, as the
8Secretary may deem proper. Written notice may be served by: (1)
9personal delivery to the applicant or licensee; or by (2)
10mailing the notice by registered or certified mail to his or
11her address of record last known place of residence or to the
12place of business last specified by the applicant or licensee
13in his or her last notification to the Department; or (3)
14sending notice via email to the applicant's or licensee's email
15address of record. If the person fails to file an answer after
16receiving notice, his or her license may, in the discretion of
17the Department, be suspended, revoked, or placed on
18probationary status or the Department may take whatever
19disciplinary action deemed proper, including limiting the
20scope, nature, or extent of the person's practice or the
21imposition of a fine, without a hearing, if the act or acts
22charged constitute sufficient grounds for such action under
23this Act. At the time and place fixed in the notice, the
24Department shall proceed to hearing of the charges and both the
25applicant or licensee and the complainant shall be afforded
26ample opportunity to present, in person or by counsel, any

 

 

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1statements, testimony, evidence, and arguments that may be
2pertinent to the charges or to their defense. The Department
3may continue a hearing from time to time. If the Board is not
4sitting at the time and place fixed in the notice or at the
5time and place to which the hearing shall have been continued,
6the Department may continue the hearing for a period not to
7exceed 30 days.
8(Source: P.A. 95-450, eff. 8-27-07.)
 
9    (225 ILCS 2/142 new)
10    Sec. 142. Confidentiality. All information collected by
11the Department in the course of an examination or investigation
12of a licensee or applicant, including, but not limited to, any
13complaint against a licensee filed with the Department and
14information collected to investigate any such complaint, shall
15be maintained for the confidential use of the Department and
16may not be disclosed. The Department may not disclose the
17information to anyone other than law enforcement officials,
18other regulatory agencies that have an appropriate regulatory
19interest as determined by the Secretary of the Department, or a
20party presenting a lawful subpoena to the Department.
21Information and documents disclosed to a federal, State,
22county, or local law enforcement agency may not be disclosed by
23the agency for any purpose to any other agency or person. A
24formal complaint filed by the Department against a licensee or
25applicant is a public record, except as otherwise prohibited by

 

 

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1law.
 
2    (225 ILCS 2/152)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 152. Certification of record. The Department shall not
5be required to certify any a record to the court, file any
6answer in court, or otherwise appear in any court in a judicial
7review proceeding, unless and until the Department has received
8from the plaintiff payment of the costs of furnishing and
9certifying the record, which costs shall be determined by the
10Department. Exhibits shall be certified without cost there is
11filed in the court with the complaint a receipt from the
12Department acknowledging payment of the costs of furnishing and
13certifying the record. Failure on the part of the plaintiff to
14file a receipt in court shall be grounds for dismissal of the
15action.
16(Source: P.A. 90-61, eff. 7-3-97.)
 
17    (225 ILCS 2/160)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 160. Findings of facts, conclusions of law, and
20recommendations. At the conclusion of the hearing, the Board
21shall present to the Secretary a written report of its findings
22of fact, conclusions of law, and recommendations. The report
23shall contain a finding whether or not the accused person
24violated this Act or failed to comply with the conditions

 

 

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1required in this Act. The Board shall specify the nature of the
2violation or failure to comply and shall make its
3recommendations to the Secretary.
4    The report of findings of fact, conclusions of law, and
5recommendations of the Board may be the basis of the order of
6the Department. If the Secretary disagrees in any regard with
7the report of the Board, the Secretary may issue an order in
8contravention of the report. The Secretary shall provide notice
9to the Board on any deviation and the reasons for the
10deviation. The finding is not admissible in evidence against
11the person in a criminal prosecution brought for the violation
12of this Act, but the hearing and findings are not a bar to a
13criminal prosecution brought for the violation of this Act.
14(Source: P.A. 95-450, eff. 8-27-07.)
 
15    (225 ILCS 2/170)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 170. Service of report; rehearing; order. In any case
18involving the refusal to issue or renew a license or the
19discipline of a license, a copy of the Board's hearing
20officer's report shall be served upon the respondent by the
21Department, either personally or as provided in this Act for
22the service of the notice of hearing. Within 20 days after the
23service, the respondent may present to the Department a motion
24in writing for a rehearing that shall specify the particular
25grounds for rehearing. If no motion for rehearing is filed,

 

 

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1then upon the expiration of the time specified for filing such
2a motion, or if a motion for rehearing is denied, then upon the
3denial the Secretary may enter an order in accordance with
4recommendations of the Board, except as provided in Section 175
5of this Act. If the respondent orders from the reporting
6service office and pays for a transcript of the record within
7the time for filing a motion for rehearing, the 20-day 20 day
8period within which the motion may be filed shall commence upon
9the delivery of the transcript to the respondent.
10(Source: P.A. 95-450, eff. 8-27-07.)
 
11    (225 ILCS 2/175)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 175. Substantial justice to be done; rehearing.
14Whenever the Secretary is satisfied that substantial justice
15has not been done in the revocation, suspension, or refusal to
16issue, restore, or renew discipline of a license, or other
17discipline of an applicant or licensee, the Secretary may order
18a rehearing by the same or other examiners another hearing
19officer.
20(Source: P.A. 95-450, eff. 8-27-07.)
 
21    (225 ILCS 2/190)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 190. Surrender of license registration. Upon the
24revocation or suspension of any license registration, the

 

 

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1licensee registrant shall immediately surrender the license
2registration certificate to the Department. If the licensee
3registrant fails to do so, the Department shall have the right
4to seize the license registration certificate.
5(Source: P.A. 95-450, eff. 8-27-07.)
 
6    (225 ILCS 2/200)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 200. Review under Administrative Review Law. All final
9administrative decisions of the Department are subject to
10judicial review under the Administrative Review Law and all
11rules adopted under the Administrative Review Law. The term
12"administrative decision" is defined as in Section 3-101 of the
13Code of Civil Procedure.
14    Proceedings for judicial review shall be commenced in the
15circuit court of the county in which the party applying for
16review resides; however, if the party is not a resident of this
17State, the venue shall be Sangamon County.
18(Source: P.A. 89-706, eff. 1-31-97.)
 
19    (225 ILCS 2/90 rep.)
20    Section 15. The Acupuncture Practice Act is amended by
21repealing Section 90.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".