State of Illinois
2021 and 2022


Introduced 1/21/2022, by Rep. Theresa Mah


See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Dietitian Nutritionist Practice Act from January 1, 2023 to January 1, 2028. Amends the Dietitian Nutritionist Practice Act. Provides that all applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation. Makes changes in provisions concerning definitions; other activities subject to licensure; exemptions; the Dietitian Nutritionist Practice Board; examinations; qualifications; inactive status; use of title; investigation, notice, and hearing; record of hearing; motion for rehearing; orders and certified copies; certification of records and receipt; and the Illinois Administrative Procedure Act. Repeals provisions concerning Social Security Numbers on license application; rosters; and surrender of license. Effective January 1, 2023, except provisions amending the Regulatory Sunset Act take effect immediately.

LRB102 23904 SPS 33102 b





HB4665LRB102 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 Acts repealed on January 1, 2023.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8Acts are repealed on January 1, 2023: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 Acts repealed on January 1, 2028.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22Acts are repealed on January 1, 2028:



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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
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
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, 17, 20, 30, 35, 40, 45, 70,
2175, 80, 105, 110, 125, 140, 165, and 175 and by adding Section
2212 as follows:
23    (225 ILCS 30/5)  (from Ch. 111, par. 8401-5)
24    (Section scheduled to be repealed on January 1, 2023)



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1    Sec. 5. Purpose. The practice of dietetics and nutrition
2services in the State of Illinois is hereby declared to affect
3the public health, safety, and welfare and to be subject to
4regulation and control in the public interest. It is further
5declared that the practice of dietetics and nutrition services
6plays an important part in the attainment and maintenance of
7health and that it is in the public's best interest that
8persons who present themselves as providers of dietetics and
9nutrition services in these areas meet specific requirements
10and qualifications. This Act shall be liberally construed to
11best carry out these objectives and purposes.
12(Source: P.A. 87-784.)
13    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)
14    (Section scheduled to be repealed on January 1, 2023)
15    Sec. 10. Definitions. As used in this Act:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's or licensee's application
18file or license file as maintained by the Department's
19licensure maintenance unit. It is the duty of the applicant or
20licensee to inform the Department of any change of address and
21those changes must be made either through the Department's
22website or by contacting the Department.
23    "Board" means the Dietitian Nutritionist Practice Board
24appointed by the Secretary.
25    "Certified clinical nutritionist" means an individual



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1certified by the Clinical Nutrition Certification Board.
2    "Certified nutrition specialist" means an individual
3certified by the Certification Board for Certification of
4Nutrition Specialists.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Dietetics and nutrition services" means the integration,
8and application, and communication of practice principles
9derived from the sciences of food, and nutrition, social,
10business, and basic sciences to achieve and maintain the
11optimal to achieve and maintain the optimal provide for all
12aspects of nutrition status of care for individuals and
13groups, including, but not limited to:
14        (1) nutrition counseling; "nutrition counseling" means
15    a supportive process, characterized by a collaborative
16    counselor-patient or counselor-client relationship with
17    individuals or groups, to establish food and nutrition
18    priorities, goals, and individualized action plans and
19    general physical activity guidance that acknowledge and
20    foster responsibility for self-care to treat an existing
21    condition or promote health advising and assisting
22    individuals or groups on appropriate nutrition intake by
23    integrating information from the nutrition assessment;
24        (2) nutrition assessment; "nutrition assessment" means
25    the systematic process of obtaining, verifying, and
26    interpreting biochemical, anthropometric, physical,



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1    nutrigenomic, and dietary data in order to make decisions
2    about the nature and cause of nutrition-related problems,
3    including an ongoing, dynamic process that: (i) involves
4    an initial data collection and a reassessment and analysis
5    of client or community needs; and (ii) provides the
6    foundation for nutritional recommendations, including
7    enteral and parenteral nutrition evaluation of the
8    nutrition needs of individuals or groups using appropriate
9    data to determine nutrient needs or status and make
10    appropriate nutrition recommendations;
11        (3) medically prescribed diet; "medically prescribed
12    diet" is one form of medical nutrition therapy and means a
13    nutrition intervention prescribed by a physician licensed
14    to practice medicine in all of its branches, an advanced
15    practice registered nurse, or an advanced practice
16    registered nurse granted full practice authority that
17    provides food or nutrients via oral, enteral, and
18    parenteral routes as part of the treatment of disease or
19    clinical conditions to modify, eliminate, decrease, or
20    increase identified micro-nutrients and macro-nutrients in
21    the diet, or to provide mechanically altered food when
22    indicated diet prescribed when specific food or nutrient
23    levels need to be monitored, altered, or both as a
24    component of a treatment program for an individual whose
25    health status is impaired or at risk due to disease,
26    injury, or surgery and may only be performed as initiated



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1    by or in consultation with a physician licensed under the
2    Medical Practice Act of 1987 acting within the scope of
3    his or her practice, except that a medically prescribed
4    diet for a resident of a nursing home shall only be
5    performed as initiated by or in consultation with a
6    physician licensed to practice medicine in all of its
7    branches;
8        (4) medical nutrition therapy; "medical nutrition
9    therapy" means nutrition care services provided for the
10    treatment or management of a disease or medical condition,
11    including the provision of any part or all of the
12    following services: the component of nutrition care that
13    deals with the systematic use of food and oral
14    supplementation, based on the nutrition assessment and
15    individual health status and need to manage health
16    conditions;
17            (A) interpreting anthropometric, biochemical,
18        clinical, and dietary data in acute and chronic
19        disease states and recommending nutrient needs based
20        on the dietary data, including, but not limited to,
21        enteral and parenteral nutrition;
22            (B) food and nutrition counseling;
23            (C) developing and managing food service
24        operations with functions in nutrition care, including
25        operations connected with healthcare facilities;
26        implicated in the ordering, preparation, or serving of



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



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1address recorded by the Department in the applicant's
2application file or the licensee's license file, as maintained
3by the Department's licensure maintenance unit.
4    "Licensed dietitian nutritionist" means a person licensed
5under this Act to practice dietetics and nutrition services,
6as defined in this Section. Activities of a licensed dietitian
7nutritionist do not include the medical differential diagnosis
8of the health status of an individual.
9    "Practice experience" means a preprofessional, documented,
10supervised practice in dietetics or nutrition services that is
11acceptable to the Department in compliance with requirements
12for licensure, as specified in Section 45. It may be or may
13include a documented, supervised practice experience which is
14a component of the educational requirements for licensure, as
15specified in Section 45.
16    "Registered dietitian" or "registered dietitian
17nutritionist" means an individual who is credentialed by
18registered with the Commission on Dietetic Registration, the
19accrediting body of the Academy of Nutrition and Dietetics,
20formerly known as the American Dietetic Association.
21    "Secretary" means the Secretary of Financial and
22Professional Regulation or a person authorized by the
23Secretary to act in the Secretary's stead.
24    "Telehealth" or "telepractice" "Telepractice" means the
25delivery of services under this Act by using electronic
26communication, information technologies, or other means



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1between an individual licensed under this Act in one location
2and a patient or client in another location, with or without an
3intervening healthcare provider. "Telehealth" or
4"telepractice" includes direct, interactive patient
5encounters, asynchronous store-and-forward technologies, and
6remote monitoring by means other than in-person, including,
7but not limited to, telephone, email, Internet, or other
8methods of electronic communication. Telehealth or
9telepractice Telepractice is not prohibited under this Act
10provided that the provision of telehealth or telepractice
11services is appropriate for the client and the level of care
12provided meets the required level of care for that client.
13Individuals providing services regulated by this Act via
14telepractice shall comply with and are subject to all
15licensing and disciplinary provisions of this Act.
16(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13.)
17    (225 ILCS 30/12 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



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1    such change either through the Department's website or by
2    contacting the Department's licensure maintenance unit.
3    (225 ILCS 30/17)
4    Sec. 17. Other activities subject to licensure under this
6    (1) Enteral and parenteral nutrition therapy shall consist
7of enteral feedings or specialized intravenous solutions and
8shall only be performed by an individual licensed under this
9Act who:
10        (a) is a registered dietitian or registered dietitian
11    nutritionist currently registered with the Commission on
12    Dietetic Registration, the accrediting body of the Academy
13    of Nutrition and Dietetics, formerly known as the American
14    Dietetic Association;
15        (b) is a certified nutrition support clinician as
16    credentialed certified by the National Board of Nutrition
17    Support Certification; or
18        (c) meets the requirements set forth in the rules of
19    the Department.
20    (2) Developing and managing food service operations whose
21chief function is nutrition care shall only be performed by an
22individual licensed under this Act.
23(Source: P.A. 98-148, eff. 8-2-13.)
24    (225 ILCS 30/20)  (from Ch. 111, par. 8401-20)



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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 20. Exemptions. This Act does not prohibit or
4    (a) Any person licensed in this State under any other Act
5from engaging in the practice for which he or she is licensed.
6    (b) The practice of dietetics and nutrition services by a
7person who is employed by the United States or State
8government or any of its bureaus, divisions, or agencies while
9in the discharge of the employee's official duties.
10    (c) The distribution of general non-medical nutrition
11information practice of dietetics and nutrition services by a
12person employed as a cooperative extension home economist, to
13the extent the activities are part of his or her employment.
14    (d) The practice of dietetics and nutrition services by a
15person pursuing a course of study leading to a degree in
16dietetics, nutrition, or an equivalent major from a regionally
17accredited school or program, if the activities and services
18constitute a part of a supervised course of study and if the
19person is designated by a title that clearly indicates the
20person's status as a student, or trainee, or supervisee.
21    (e) The practice of dietetics and nutrition services by a
22person fulfilling the supervised practice experience component
23of Section 45, if the activities and services constitute a
24part of the experience necessary to meet the requirements of
25Section 45.
26    (f) A person, including a licensed acupuncturist, from:



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1        (1) providing verbal oral nutrition information as an
2    operator or employee of a health food store or business
3    that sells health products, including dietary supplements,
4    food, herbs, or food materials; or
5        (2) disseminating written nutrition information in
6    connection with the marketing and distribution of those
7    products, or discussing the use of those products, both
8    individually and as components of nutritional programs,
9    including explanations of their federally regulated label
10    claims, any known drug-nutrient interactions, their role
11    in various non-individualized diets, or suggestions as how
12    to best use and combine them.
13    (g) The practice of dietetics and nutrition services by an
14educator who is in the employ of a nonprofit organization; a
15federal, state, county, or municipal agency, or other
16political subdivision; an elementary or secondary school; or a
17regionally accredited institution of higher education, as long
18as the activities and services of the educator are part of his
19or her employment.
20    (h) The practice of dietetics and nutrition services by
21any person who provides weight control services, provided the
22nutrition program has been reviewed by, consultation is
23available from, and no program change can be initiated without
24prior approval by an individual licensed under this Act, an
25individual licensed to practice dietetics or nutrition
26services in another state that has licensure requirements



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1considered by the Department to be substantially equivalent to
2at least as stringent as the requirements for licensure under
3this Act, or a registered dietitian.
4    (i) The practice of dietetics and nutrition services by
5any person with a masters or doctorate degree with a major in
6nutrition or equivalent from a regionally accredited school
7recognized by the Department for the purpose of education and
9    (j) A person from providing general non-medical nutrition
10information or encouragement of general healthy eating choices
11that does not include the development of a customized
12nutrition regimen for a particular client or individual, or
13from providing encouragement for compliance with a customized
14nutrition plan prepared by a licensed dietitian nutritionist
15or any other licensed professional whose scope of practice
16includes nutrition assessment and counseling.
17    (k) The practice of dietetics and nutrition services by a
18graduate of a 2 year associate program or a 4 year
19baccalaureate program from a school or program accredited at
20the time of graduation by the appropriate accrediting agency
21recognized by the Council for on Higher Education
22Accreditation and the United States Department of Education
23with a major course of study in human nutrition, food and
24nutrition or its equivalent, as authorized by the Department,
25who is directly supervised by an individual licensed under
26this Act.



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1    (l) Providing nutrition information as an employee of a
2nursing facility operated exclusively by and for those relying
3upon spiritual means through prayer alone for healing in
4accordance with the tenets and practices of a recognized
5church or religious denomination.
6    (m) A dietary technical support person working in a
7hospital setting or a regulated Department of Public Health,
8Department of Human Services, or Department on Aging facility
9or program who has been trained and is supervised while
10engaged in the practice of dietetics and nutrition by a
11licensed dietitian nutritionist in accordance with this Act
12and whose services are retained by that facility or program on
13a full-time or regular, ongoing consultant basis.
14    The provisions of this Act shall not be construed to
15prohibit or limit any person from the free dissemination of
16information, from conducting a class or seminar, or from
17giving a speech related to nutrition if that person does not
18hold himself or herself out as a licensed dietitian
19nutritionist in a manner prohibited by Section 15.
20(Source: P.A. 97-1141, eff. 12-28-12.)
21    (225 ILCS 30/30)  (from Ch. 111, par. 8401-30)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 30. Dietitian Nutritionist Practice Board. The
24Secretary shall appoint a Dietitian Nutritionist Practice
25Board as follows: 7 individuals who shall be appointed by and



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1shall serve in an advisory capacity to the Secretary. Of these
27 individuals, 6 members must be licensed under this Act, 2 of
3which must be a registered dietitian and 2 of which must be
4either a certified clinical nutritionist, a certified
5nutrition specialist, or a diplomate of the American Clinical
6Board of Nutrition, and one member must be a public member not
7licensed under this Act.
8    Members shall serve 3-year terms and until their
9successors are appointed and qualified. No member shall be
10reappointed to the Board for a term that would cause his or her
11continuous service on the Board to be longer than 8 years.
12Appointments to fill vacancies shall be made in the same
13manner as original appointments, for the unexpired portion of
14the vacated term.
15    Insofar as possible, the licensed professionals appointed
16to serve on the Board shall be generally representative of the
17geographical distribution of licensed professionals within
18this State. Any time there is a vacancy on the Board, any
19professional association composed of persons licensed under
20this Act may recommend licensees to fill the vacancy to the
21Board for the appointment of licensees.
22    A vacancy in the membership of the Board shall not impair
23the right of a quorum to exercise all the rights and perform
24all the duties of the Board.
25    Members of the Board shall have no liability in any action
26based upon any disciplinary proceeding or other activity



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1performed in good faith as members of the Board.
2    The Secretary shall have the authority to remove or
3suspend any member of the Board for cause at any time before
4the expiration of his or her term. The Secretary shall be the
5sole arbiter of cause.
6    The Secretary may shall consider the recommendation of the
7Board on questions of standards of professional conduct,
8discipline, and qualifications of candidates or licensees
9under this Act.
10(Source: P.A. 97-1141, eff. 12-28-12.)
11    (225 ILCS 30/35)  (from Ch. 111, par. 8401-35)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 35. Applications. Applications for original licensure
14shall be made to the Department in writing on forms or
15electronically as prescribed by the Department and shall be
16accompanied by the appropriate documentation and the required
17fee, which shall not be returnable. Every application shall
18require the information that in the judgment of the Department
19will enable the Department to pass on the qualifications of
20the applicant for a license. Applicants have 3 years after the
21date of application to complete the application process. If
22the process has not been completed in 3 years, then the
23application shall be denied, the fee shall be forfeited, and
24the applicant must reapply and meet the requirements in effect
25at the time of reapplication. All applications shall contain



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1information that, in the judgment of the Department, will
2enable the Department to pass on the qualifications of the
3applicant for a license under this Act.
4(Source: P.A. 87-784.)
5    (225 ILCS 30/40)  (from Ch. 111, par. 8401-40)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 40. Examinations. The Department shall authorize
8examinations of applicants for a license under this Act at the
9times and places that it may determine. The examination of
10applicants shall be of a character to give a fair test of the
11qualifications of the applicant to practice dietetics and
12nutrition services. The Department or its designated testing
13service shall provide initial screening to determine
14eligibility of applicants for examination.
15    Applicants for examination shall be required to pay,
16either to the Department or the designated testing service, a
17fee covering the cost of providing the examination. Failure to
18appear for the examination on the scheduled date, at the time
19and place specified, after the applicant's application for
20examination has been received and acknowledged by the
21Department or the designated testing service, shall result in
22the forfeiture of the examination fee.
23    Whenever the Secretary is not satisfied that substantial
24justice has been done in an examination, the Secretary may
25order a reexamination.



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1    If an applicant neglects, fails, or refuses to take an
2examination or fails to pass an examination for a license
3under this Act within 3 years after filing an application, the
4application shall be denied. However, the applicant may
5thereafter make a new application accompanied by the required
6fee and shall meet the requirements for licensure in force at
7the time of making the new application.
8    The Department may employ consultants for the purpose of
9preparing and conducting examinations.
10(Source: P.A. 92-642, eff. 10-31-03.)
11    (225 ILCS 30/45)  (from Ch. 111, par. 8401-45)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 45. Dietitian nutritionist; qualifications. A person
14who meets all of the following requirements is shall be
15qualified to receive a license for licensure as a dietitian
16nutritionist if that person meets all of the following
18    (a) Has applied in writing in form and substance
19acceptable to the Department and possesses a baccalaureate
20degree or post baccalaureate degree in human nutrition, foods
21and nutrition, dietetics, food systems management, nutrition
22education, nutrition, nutrition science, clinical nutrition,
23applied clinical nutrition, nutrition counseling, nutrition
24and functional medicine, nutritional biochemistry, nutrition
25and integrative health, or an equivalent major course of study



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1as recommended by the Board and approved by the Department
2from a school or program accredited at the time of graduation
3from the appropriate regional accrediting agency recognized by
4the Council for on Higher Education Accreditation and the
5United States Department of Education or a college or
6university in a foreign country that is substantially
7equivalent to the educational requirements in this Section, as
8recommended by the Board and approved by the Department.
9    (b) Has successfully completed an examination authorized
10by the Department which may be or may include examinations
11given by each of the American Clinical Board of Nutrition, the
12Certification Board of Nutrition Specialists, the Clinical
13Nutrition Certification Board, and the Commission on Dietetic
14Registration, or another examination approved by the
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.
25    (c) Has completed a dietetic internship or documented,
26supervised practice experience in dietetics and nutrition



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1services of not less than 900 hours under the supervision of a
2certified clinical nutritionist, certified nutrition
3specialist, diplomate of the American Clinical Board of
4Nutrition, registered dietitian or a licensed dietitian
5nutritionist, a State licensed healthcare practitioner, or an
6individual with a doctoral degree conferred by a U.S.
7regionally accredited college or university with a major
8course of study in human nutrition, nutrition education, food
9and nutrition, dietetics, food systems management, nutrition,
10nutrition science, clinical nutrition, applied clinical
11nutrition, nutrition counseling, nutrition and functional
12medicine, or nutrition and integrative health. Supervised
13practice experience must be completed in the United States or
14its territories. Supervisors who obtained their doctoral
15degree outside the United States and its territories must have
16their degrees validated as equivalent to the doctoral degree
17conferred by a U.S. regionally accredited college or
19(Source: P.A. 97-1141, eff. 12-28-12.)
20    (225 ILCS 30/70)  (from Ch. 111, par. 8401-70)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 70. Inactive status; restoration; military service.
23    (a) Any person who notifies the Department in writing on
24forms or electronically as prescribed by the Department may
25elect to place his or her license on an inactive status and



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1shall, subject to rules of the Department, be excused from
2payment of renewal fees until he or she notifies the
3Department in writing of the desires to resume active status.
4    (b) A licensee who has permitted his or her license to
5expire or who has had his or her license on inactive status may
6have the license restored by making application to the
7Department by filing proof acceptable to the Department of his
8or her fitness to have the license restored and by paying the
9required fees. Proof of fitness may include sworn evidence
10certifying to active lawful practice in another jurisdiction.
11If the licensee has not maintained an active practice in
12another jurisdiction satisfactory to the Department, then the
13Department shall determine, by an evaluation program
14established by rule, his or her fitness for restoration of the
15license and shall establish procedures and requirements for
17    (c) A licensee whose license expired while he or she was
18(1) in federal service on active duty with the Armed Forces of
19the United States or the State Militia called into service or
20training or (2) in training or education under the supervision
21of the United States before induction into the military
22service, may have the license restored without paying any
23lapsed renewal fees if within 2 years after honorable
24termination of the service, training, or education he or she
25furnishes the Department with satisfactory evidence to the
26effect that he or she has been so engaged and that his or her



HB4665- 22 -LRB102 23904 SPS 33102 b

1service, training, or education has been so terminated.
2    (d) Any person requesting restoration from inactive status
3shall be required to pay the current renewal fee, shall meet
4continuing education requirements, and shall be required to
5restore his or her license as provided in Section 65 of this
7    (e) A person licensed under this Act whose license is on
8inactive status or in a non-renewed status shall not engage in
9the practice of dietetics or nutrition services in the State
10of Illinois or use the title or advertise that he or she
11performs the services of a licensed dietitian nutritionist.
12    (f) Any person violating this Section shall be considered
13to be practicing without a license and will be subject to the
14disciplinary provisions of this Act.
15(Source: P.A. 97-1141, eff. 12-28-12.)
16    (225 ILCS 30/75)  (from Ch. 111, par. 8401-75)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 75. Endorsement. The Department may, in its
19discretion, license as a dietitian nutritionist, without
20examination, on payment of required fee, an applicant who is a
21dietitian, dietitian nutritionist, nutritionist, or nutrition
22counselor licensed under the laws of another state, territory,
23or country, if the requirements for licensure in the state,
24territory, or country in which the applicant was licensed
25were, at the date of his or her licensure, substantially equal



HB4665- 23 -LRB102 23904 SPS 33102 b

1to the requirements of this Act.
2    Applicants have 3 years from the date of application to
3complete the application process. If the process has not been
4completed within the 3 years, the application shall be denied,
5the fee forfeited, and the applicant must reapply and meet the
6requirements in effect at the time of reapplication.
7(Source: P.A. 92-642, eff. 10-31-03.)
8    (225 ILCS 30/80)  (from Ch. 111, par. 8401-80)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 80. Use of title; advertising. Only a person who is
11issued a license as a dietitian nutritionist under this Act
12may use the words "licensed dietitian nutritionist",
13"dietitian nutritionist", "dietitian", "licensed
14nutritionist", or "nutrition counselor" or the letters
15"L.D.N." in connection with his or her name.
16    A licensee shall include in every advertisement for
17services regulated under this Act his or her title as it
18appears on the license or the initials authorized under this
19Act. Advertisements shall not include false, fraudulent,
20deceptive, or misleading material or guarantees of success.
21(Source: P.A. 97-1141, eff. 12-28-12.)
22    (225 ILCS 30/105)  (from Ch. 111, par. 8401-105)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 105. Investigation; notice and hearing. The



HB4665- 24 -LRB102 23904 SPS 33102 b

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



HB4665- 25 -LRB102 23904 SPS 33102 b

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



HB4665- 26 -LRB102 23904 SPS 33102 b

1transcript of testimony, the report of the Board, and orders
2of the Department shall be in the record of the proceedings.
3(Source: P.A. 97-1141, eff. 12-28-12.)
4    (225 ILCS 30/125)  (from Ch. 111, par. 8401-125)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 125. Motion for rehearing. In any case hearing
7involving the refusal to issue or renew or the discipline of a
8licensee, a copy of the Board's report shall be served upon the
9respondent by the Department, either personally or as provided
10in this Act for the service of the notice of hearing. Within 20
11calendar days after the service, the respondent may present to
12the Department a motion in writing for a rehearing which shall
13specify the particular grounds for rehearing. If no motion for
14rehearing is filed, then upon the expiration of the time
15specified for filing a motion, or if motion for rehearing is
16denied, then upon denial, the Secretary may enter an order in
17accordance with recommendations of the Board, except as
18provided for in Section 120. If the respondent orders a
19transcript of the record from the reporting service and pays
20for it within the time for filing a motion for rehearing, the
2120 calendar day period within which a motion for rehearing may
22be filed shall commence upon the delivery of the transcript to
23the respondent.
24(Source: P.A. 97-1141, eff. 12-28-12.)



HB4665- 27 -LRB102 23904 SPS 33102 b

1    (225 ILCS 30/140)  (from Ch. 111, par. 8401-140)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 140. Order; certified copy. An order or a certified
4copy of an order, over the seal of the Department and
5purporting to be signed by the Secretary, shall be prima facie
7        (a) that the signature is the genuine signature of the
8    Secretary; and
9        (b) that the Secretary is duly appointed and
10    qualified; and .
11        (c) that the Board and the members of the Board are
12    qualified to act.
13(Source: P.A. 97-1141, eff. 12-28-12.)
14    (225 ILCS 30/165)  (from Ch. 111, par. 8401-165)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 165. Certification of record; receipt. The Department
17shall not be required to certify any record to the Court or
18file any answer in court or otherwise appear in any court in a
19judicial review proceeding, unless and until the Department
20has received from the plaintiff payment of the costs of
21furnishing and certifying the record, which costs shall be
22determined by the Department. Exhibits shall be certified
23without cost. Failure on the part of the plaintiff to file a
24receipt in Court is grounds for dismissal of the action.
25(Source: P.A. 97-1141, eff. 12-28-12.)



HB4665- 28 -LRB102 23904 SPS 33102 b

1    (225 ILCS 30/175)  (from Ch. 111, par. 8401-175)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 175. Illinois Administrative Procedure Act. The
4Illinois Administrative Procedure Act is expressly adopted and
5incorporated as if all of the provisions of that Act were
6included in this Act, except that the provision of paragraph
7(d) of Section 10-65 of the Illinois Administrative Procedure
8Act, which provides that at hearings the licensee or person
9holding a license has the right to show compliance with all
10lawful requirements for retention or continuation of the
11license, is specifically excluded. For the purpose of this
12Act, the notice required under Section 10-25 of the Illinois
13Administrative Procedure Act is deemed sufficient when mailed
14to the last known address of record of a party or when emailed
15to the last known email address of record of a party.
16(Source: P.A. 97-1141, eff. 12-28-12.)
17    (225 ILCS 30/37 rep.)
18    (225 ILCS 30/90 rep.)
19    (225 ILCS 30/150 rep.)
20    Section 15. The Dietitian Nutritionist Practice Act is
21amended by repealing Sections 37, 90, and 150.
22    Section 99. Effective date. This Act takes effect January
231, 2023, except that this Section and Section 5 take effect
24upon becoming law.



HB4665- 29 -LRB102 23904 SPS 33102 b

2 Statutes amended in order of appearance
3    5 ILCS 80/4.33
4    5 ILCS 80/4.38
5    225 ILCS 30/5from Ch. 111, par. 8401-5
6    225 ILCS 30/10from Ch. 111, par. 8401-10
7    225 ILCS 30/12 new
8    225 ILCS 30/17
9    225 ILCS 30/20from Ch. 111, par. 8401-20
10    225 ILCS 30/30from Ch. 111, par. 8401-30
11    225 ILCS 30/35from Ch. 111, par. 8401-35
12    225 ILCS 30/40from Ch. 111, par. 8401-40
13    225 ILCS 30/45from Ch. 111, par. 8401-45
14    225 ILCS 30/70from Ch. 111, par. 8401-70
15    225 ILCS 30/75from Ch. 111, par. 8401-75
16    225 ILCS 30/80from Ch. 111, par. 8401-80
17    225 ILCS 30/105from Ch. 111, par. 8401-105
18    225 ILCS 30/110from Ch. 111, par. 8401-110
19    225 ILCS 30/125from Ch. 111, par. 8401-125
20    225 ILCS 30/140from Ch. 111, par. 8401-140
21    225 ILCS 30/165from Ch. 111, par. 8401-165
22    225 ILCS 30/175from Ch. 111, par. 8401-175
23    225 ILCS 30/37 rep.
24    225 ILCS 30/90 rep.
25    225 ILCS 30/150 rep.