Illinois General Assembly - Full Text of HB4665
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Full Text of HB4665  102nd General Assembly

HB4665sam001 102ND GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 3/16/2022

 

 


 

 


 
10200HB4665sam001LRB102 23904 AMQ 37546 a

1
AMENDMENT TO HOUSE BILL 4665

2    AMENDMENT NO. ______. Amend House Bill 4665 by replacing
3everything after the enacting clause with the following:
 
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 Acts repealed on January 1, 2023.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8Acts are repealed on January 1, 2023: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

 

 

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1Counselor Licensing and Practice Act.
2    The Wholesale Drug Distribution Licensing Act.
3(Source: P.A. 101-621, eff. 12-20-19.)
 
4    (5 ILCS 80/4.38)
5    Sec. 4.38. Acts repealed on January 1, 2028. The following
6Acts are repealed on January 1, 2028:
7    The Acupuncture Practice Act.
8    The Clinical Social Work and Social Work Practice Act.
9    The Dietitian Nutritionist Practice Act.
10    The Home Medical Equipment and Services Provider License
11Act.
12    The Illinois Petroleum Education and Marketing Act.
13    The Illinois Speech-Language Pathology and Audiology
14Practice Act.
15    The Interpreter for the Deaf Licensure Act of 2007.
16    The Nurse Practice Act.
17    The Nursing Home Administrators Licensing and Disciplinary
18Act.
19    The Physician Assistant Practice Act of 1987.
20    The Podiatric Medical Practice Act of 1987.
21(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
22100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
238-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
24100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 

 

 

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1    Section 10. The Dietitian Nutritionist Practice Act is
2amended by changing Sections 5, 10, 15, 15.5, 17, 20, 30, 35,
340, 45, 70, 75, 80, 100, 105, 110, 125, 140, 165, and 175 and
4by adding Sections 12 and 76 as follows:
 
5    (225 ILCS 30/5)  (from Ch. 111, par. 8401-5)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 5. Purpose. The practice of dietetics and nutrition ,
8including the provision of medical nutrition therapy, services
9in the State of Illinois is hereby declared to affect the
10public health, safety, and welfare and to be subject to
11regulation and control in the public interest. It is further
12declared that the practice of dietetics and nutrition services
13plays an important part in the attainment and maintenance of
14health and that it is in the public's best interest that
15persons who present themselves as providers of nutrition care
16services in these areas meet specific requirements and
17qualifications. This Act shall be liberally construed to best
18carry out these objectives and purposes.
19(Source: P.A. 87-784.)
 
20    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 10. Definitions. As used in this Act:
23    "Accreditation Council for Education in Nutrition and
24Dietetics" means the autonomous accrediting agency for

 

 

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1education programs that prepares students to begin careers as
2registered dietitian nutritionists or registered nutrition and
3dietetics technicians.
4    "Address of record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file as maintained by the Department's
7licensure maintenance unit. It is the duty of the applicant or
8licensee to inform the Department of any change of address and
9those changes must be made either through the Department's
10website or by contacting the Department.
11    "Board" means the Dietitian Nutritionist Practice Board
12appointed by the Secretary.
13    "Board for Certification of Nutrition Specialists" means
14the certifying board that credentials certified nutrition
15specialists.
16    "Certified clinical nutritionist" means an individual
17certified by the Clinical Nutrition Certification Board.
18    "Certified nutrition specialist" means an individual
19credentialed certified by the Certification Board for
20Certification of Nutrition Specialists that authorizes the
21individual to use the title "certified nutrition specialist"
22and the abbreviation "C.N.S.".
23    "Commission on Dietetic Registration" means the
24credentialing agency for the Academy of Nutrition and
25Dietetics.
26    "Department" means the Department of Financial and

 

 

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1Professional Regulation.
2    "Dietetics and nutrition services" means the integration,
3and application, and communication of practice principles
4derived from the sciences of food, and nutrition, social,
5business, and basic sciences to achieve and maintain the
6optimal provide for all aspects of nutrition status of care
7for individuals and groups. , including, but not limited to:
8        (1) nutrition counseling; "nutrition counseling" means
9    advising and assisting individuals or groups on
10    appropriate nutrition intake by integrating information
11    from the nutrition assessment;
12        (2) nutrition assessment; "nutrition assessment" means
13    the evaluation of the nutrition needs of individuals or
14    groups using appropriate data to determine nutrient needs
15    or status and make appropriate nutrition recommendations;
16        (3) medically prescribed diet; "medically prescribed
17    diet" is one form of medical nutrition therapy and means a
18    diet prescribed when specific food or nutrient levels need
19    to be monitored, altered, or both as a component of a
20    treatment program for an individual whose health status is
21    impaired or at risk due to disease, injury, or surgery and
22    may only be performed as initiated by or in consultation
23    with a physician licensed under the Medical Practice Act
24    of 1987 acting within the scope of his or her practice,
25    except that a medically prescribed diet for a resident of
26    a nursing home shall only be performed as initiated by or

 

 

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1    in consultation with a physician licensed to practice
2    medicine in all of its branches;
3        (4) medical nutrition therapy; "medical nutrition
4    therapy" means the component of nutrition care that deals
5    with the systematic use of food and oral supplementation,
6    based on the nutrition assessment and individual health
7    status and need to manage health conditions;
8        (5) nutrition services for individuals and groups;
9    "nutrition services for individuals and groups" includes,
10    but is not limited to, all of the following:
11            (A) providing nutrition assessments relative to
12        preventive maintenance or restorative care;
13            (B) providing nutrition education and nutrition
14        counseling as components of preventive maintenance or
15        restorative care; and
16            (C) developing and managing systems whose chief
17        function is nutrition care; nutrition services for
18        individuals and groups does not include medical
19        nutrition therapy as defined in this Act; and
20        (6) restorative; "restorative" means the component of
21    nutrition care that deals with oral dietary needs for
22    individuals and groups; activities shall relate to the
23    metabolism of food and the requirements for nutrients,
24    including dietary supplements for growth, development,
25    maintenance, or attainment of optimal health.
26    "Diplomate of the American Clinical Board of Nutrition"

 

 

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1means an individual credentialed certified by the American
2Clinical Board of Nutrition who is authorized to use the title
3"Diplomate of the American Clinical Board of Nutrition" and
4the abbreviation "DACBN".
5    "Email address of record" means the designated email
6address recorded by the Department in the applicant's
7application file or the licensee's license file, as maintained
8by the Department's licensure maintenance unit.
9    "General nonmedical nutrition information" includes, but
10is not limited to, information on any of the following:
11        (1) principles of good nutrition and food preparation;
12        (2) essential nutrients needed by the human body;
13        (3) actions of nutrients in the human body;
14        (4) nonindividualized effects of deficiencies or
15    excesses of nutrients in the human body;
16        (5) foods, herbs, and dietary supplements that are
17    good sources of essential nutrients in the human body or
18    otherwise useful to maintain good health; or
19        (6) principles of self-care and healthy relationships
20    with food.
21    "Health care professional" means a physician licensed
22under the Medical Practice Act of 1987, an advanced practice
23registered nurse licensed under the Nurse Practice Act, or a
24physician assistant licensed under the Physician Assistant
25Practice Act of 1987.
26    "Independent private practice of medical nutrition

 

 

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

 

 

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1        (3) developing and managing food service operations
2    with functions in nutrition care, including operations
3    connected with healthcare facilities, implicated in the
4    ordering, preparation, or serving of therapeutic diets, or
5    otherwise utilized in the management or treatment of
6    disease or medical conditions; and
7        (4) medical weight control.
8    "Medical weight control" means medical nutrition therapy
9for the purpose of reducing, maintaining, or gaining weight.
10    "Nonmedical weight control" means nutrition care services
11for the purpose of reducing, maintaining, or gaining weight
12that do not constitute the treatment of a disease or medical
13condition. "Nonmedical weight control" includes weight control
14services for healthy population groups to achieve or maintain
15a healthy weight.
16    "Nutrition assessment" means the systematic process of
17obtaining, verifying, and interpreting biochemical,
18anthropometric, physical, nutrigenomic, and dietary data in
19order to make decisions about the nature and cause of
20nutrition-related problems, including an ongoing, dynamic
21process that: (i) involves an initial data collection and a
22reassessment and analysis of client or community needs; and
23(ii) provides the foundation for identifying and labeling
24problems and making nutritional recommendations and ordering
25nutritional interventions, including enteral and parenteral
26nutrition.

 

 

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1    "Nutrition care services" means any part of the following
2services provided within a systematic process:
3        (1) assessing and evaluating the nutritional needs of
4    individuals and groups and determining resources and
5    constraints in the practice setting;
6        (2) ordering nutrition-related laboratory tests in
7    accordance with State law to check and track nutrition
8    status and monitor effectiveness of nutrition
9    interventions, dietary plans, and orders;
10        (3) establishing priorities, goals, and objectives
11    that meet an individual's nutritional needs and are
12    consistent with available resources and constraints;
13        (4) providing nutrition counseling in health and
14    disease;
15        (5) developing, implementing, and managing nutrition
16    care systems and food service operations;
17        (6) evaluating, making changes in, and maintaining
18    appropriate standards of quality in food and nutrition
19    services; and
20        (7) recommending, ordering, and providing therapeutic
21    diets.
22    "Nutrition counseling" means a supportive process,
23characterized by a collaborative counselor-patient or
24counselor-client relationship with individuals or groups, to
25establish food and nutrition priorities, goals, and
26individualized action plans and general physical activity

 

 

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1guidance that acknowledge and foster responsibility for
2self-care to treat an existing condition or to promote health.
3    "Nutrition intervention" means the purposefully planned
4actions and counseling intended to positively change a
5nutrition-related behavior, risk factor, environmental
6condition, or aspect of the health status for an individual,
7target groups, or the community at large.
8    "Nutrition monitoring and evaluation" means identifying
9patient or client outcomes relevant to the patient's or
10client's identified and labeled nutritional problems and
11comparing the outcomes with the patient's or client's previous
12health status, intervention goals, or reference standards to
13determine the progress made in achieving desired outcomes of
14nutrition care and whether planned nutrition interventions
15should be continued or revised.
16    "Patient" means an individual recipient of medical
17nutrition therapy, whether in the outpatient, inpatient, or
18nonclinical setting.
19    "Practice experience" means a preprofessional, documented,
20supervised experience obtained by a supervisee in the practice
21of in dietetics and or nutrition and the provision of medical
22nutrition therapy services that is acceptable to the
23Department as in compliance with requirements for licensure,
24as specified in Section 45. It includes a planned, continuous,
25and may be or may include a documented, supervised practice
26experience obtained under the supervision of a qualified

 

 

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1supervisor, as defined in this Section, which is a component
2of the educational requirements for licensure, as specified in
3Section 45.
4    "Qualified supervisor" means:
5        (1) When supervising the provision of medical
6    nutrition therapy by a supervisee, an individual who is:
7            (A) a registered dietitian nutritionist or a
8        certified nutrition specialist;
9            (B) a licensed dietitian nutritionist licensed
10        pursuant to this Act; or
11            (C) a health care professional licensed under the
12        laws of the State, including a licensed or certified
13        dietitian nutritionist, who acts under the licensed
14        scope of practice.
15        (2) When supervising the provision of nutrition care
16    services not constituting medical nutrition therapy by a
17    supervisee, an individual who either meets the
18    requirements of paragraph (1) or all of the following
19    requirements:
20            (A) has been regularly employed or self-employed
21        in the field of clinical nutrition for at least 3 of
22        the last 5 years immediately preceding commencement of
23        the applicant's supervised practice experience; and
24            (B) holds a doctoral degree with a major course of
25        study in dietetics, human nutrition, foods and
26        nutrition, community nutrition, public health

 

 

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1        nutrition, nutrition education, nutrition, nutrition
2        science, clinical nutrition, applied clinical
3        nutrition, nutrition counseling, nutrition and
4        functional medicine, nutritional biochemistry,
5        nutrition and integrative health, or an equivalent
6        course of study as recommended by the Board and
7        approved by the Department conferred by either:
8                (i) a United States regionally accredited
9            college or university accredited at the time of
10            graduation from the appropriate regional
11            accrediting agency recognized by the Council on
12            Higher Education Accreditation and the United
13            States Department of Education; or
14                (ii) an institution outside the United States
15            and its territories with the supervisor's doctoral
16            degree validated as equivalent to the doctoral
17            degree conferred by a United States regionally
18            accredited college or university as recommended by
19            the Board and approved by the Department.
20    A "qualified supervisor" under paragraph (1) shall be
21licensed in the State if supervising a supervisee providing
22medical nutrition therapy to an individual in the State.
23    "Registered dietitian" or "registered dietitian
24nutritionist" means an individual who is credentialed as a
25registered dietitian or registered dietitian nutritionist by
26registered with the Commission on Dietetic Registration, the

 

 

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1accrediting body of the Academy of Nutrition and Dietetics, or
2its successor organization, and is authorized to use the
3titles "registered dietitian nutritionist" and "registered
4dietitian" and the corresponding abbreviations "RDN" and "RD"
5, formerly known as the American Dietetic Association.
6    "Secretary" means the Secretary of Financial and
7Professional Regulation or a person authorized by the
8Secretary to act in the Secretary's stead.
9    "Telehealth" or "telepractice" "Telepractice" means the
10delivery of services under this Act by using electronic
11communication, information technologies, or other means
12between an individual licensed under this Act in one location
13and a patient or client in another location, with or without an
14intervening healthcare provider. "Telehealth" or
15"telepractice" includes direct, interactive patient
16encounters, asynchronous store-and-forward technologies, and
17remote monitoring by means other than in-person, including,
18but not limited to, telephone, email, Internet, or other
19methods of electronic communication. Telehealth or
20telepractice Telepractice is not prohibited under this Act
21provided that the provision of telehealth or telepractice
22services is appropriate for the client and the level of care
23provided meets the required level of care for that client.
24Individuals providing services regulated by this Act via
25telepractice shall comply with and are subject to all
26licensing and disciplinary provisions of this Act.

 

 

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1    "Therapeutic diet" means a nutrition intervention
2prescribed by a health care professional or other authorized
3practitioner that provides food or nutrients via oral,
4enteral, and parenteral routes as part of treatment of disease
5or clinical conditions to modify, eliminate, decrease, or
6increase identified micronutrients and macronutrients in the
7diet, or to provide mechanically altered food when indicated.
8(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13.)
 
9    (225 ILCS 30/12 new)
10    Sec. 12. Address of record; email address of record. All
11applicants and licensees shall:
12        (1) provide a valid address and email address to the
13    Department, which shall serve as the address of record and
14    email address of record, respectively, at the time of
15    application for licensure or renewal of a license; and
16        (2) inform the Department of any change of address of
17    record or email address of record within 14 days after the
18    change either through the Department's website or by
19    contacting the Department's licensure maintenance unit.
 
20    (225 ILCS 30/15)  (from Ch. 111, par. 8401-15)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 15. License required.
23    (a) No person may provide, offer to provide, or attempt to
24provide medical nutrition therapy, whether engage for

 

 

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1remuneration, in the practice of dietetics and nutrition
2services or hold himself or herself out as a licensed
3dietitian nutritionist or as a qualified provider of nutrition
4care services, including medical nutrition therapy, unless the
5person is licensed in accordance with this Act.
6    (b) This Section does not prohibit the provision of
7medical nutrition therapy by practice of dietetics and
8nutrition services by the following: a (1) A person who that is
9licensed to practice dietetics and nutrition under the law of
10another state, territory of the United States, or country and
11has applied in writing to the Department in form and substance
12satisfactory to the Department for a license as a dietitian
13nutritionist until (i) the expiration of 6 months after filing
14the written application, (ii) the withdrawal of the
15application, or (iii) the denial of the application by the
16Department.
17        (2) A person that is licensed to practice dietetics
18    under the law of another state, territory of the United
19    States, or country, or is a certified nutrition
20    specialist, a certified clinical nutritionist, a diplomate
21    of the American Clinical Board of Nutrition, or a
22    registered dietitian, who has applied in writing to the
23    Department in form and substance satisfactory to the
24    Department for a license as a dietitian nutritionist until
25    (i) the expiration of 6 months after the filing the
26    written application, (ii) the withdrawal of the

 

 

10200HB4665sam001- 17 -LRB102 23904 AMQ 37546 a

1    application, or (iii) the denial of the application by the
2    Department.
3    (c) For the purposes of this Section, the "practice of
4dietetics and nutrition" means the integration and application
5of scientific principles derived from the study of food,
6nutrition, biochemistry, metabolism, nutrigenomics,
7physiology, food management, and behavioral and social
8sciences in achieving and maintaining patients' and clients'
9health throughout their life spans and in providing nutrition
10care services in person and via telehealth in both clinical
11and community settings. The primary functions of the "practice
12of dietetics and nutrition" are medical nutrition therapy
13provided for the purpose of disease management or to treat or
14rehabilitate an illness, injury, or condition and other
15nutrition care services provided for health and wellness and
16as primary prevention of chronic disease.
17(Source: P.A. 97-1141, eff. 12-28-12.)
 
18    (225 ILCS 30/15.5)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 15.5. Unlicensed practice; violation; civil penalty.
21    (a) Any person who provides practices, offers to provide
22practice, attempts to provide practice, or holds oneself out
23as being qualified, licensed, or able to provide medical
24nutrition therapy or holds oneself out as licensed or
25qualified to practice dietetics and nutrition services without

 

 

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1being licensed under this Act shall, in addition to any other
2penalty provided by law, pay a civil penalty to the Department
3in an amount not to exceed $10,000 for each offense as
4determined by the Department. The civil penalty shall be
5assessed by the Department after a hearing is held in
6accordance with the provisions set forth in this Act regarding
7the provision of a hearing for the discipline of a licensee.
8    (b) The Department has the authority and power to
9investigate any and all unlicensed activity.
10    (c) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty.
12The order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of record.
15(Source: P.A. 97-1141, eff. 12-28-12.)
 
16    (225 ILCS 30/17)
17    Sec. 17. Other activities subject to licensure under this
18Act.
19    (a) A licensed dietitian nutritionist may order patient or
20resident diets, including therapeutic diets, in accordance
21with the following:
22        (1) Enteral and parenteral nutrition therapy shall
23    consist of enteral feedings or specialized intravenous
24    solutions and shall only be performed by an individual
25    licensed under this Act who:

 

 

10200HB4665sam001- 19 -LRB102 23904 AMQ 37546 a

1            (a) is a registered dietitian or registered
2        dietitian nutritionist currently registered with the
3        Commission on Dietetic Registration, the accrediting
4        body of the Academy of Nutrition and Dietetics,
5        formerly known as the American Dietetic Association;
6            (b) is a certified nutrition support clinician as
7        currently credentialed certified by the National Board
8        of Nutrition Support Certification; or
9            (c) meets the requirements set forth in the rules
10        that of the Department may establish as necessary to
11        implement this Section to be consistent with
12        competencies necessary for evaluating, ordering, and
13        administrating enteral and parenteral nutrition
14        therapies.
15        (2) Notification to the patient's physician and
16    appropriate record retention, or pursuant to the
17    protocols, policies, or procedures of a health care
18    facility, as defined in the Illinois Health Facilities
19    Planning Act, in which the services are provided.
20    (b) (2) Developing and managing food service operations
21whose chief function is nutrition care or that are otherwise
22utilized in the management or treatment of diseases or medical
23conditions shall only be performed by an individual licensed
24under this Act with competencies in the management of health
25care food service.
26    (c) A licensed dietitian nutritionist may order oral

 

 

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1therapeutic diets.
2    (d) A licensed dietitian nutritionist shall provide
3nutrition care services using systematic, evidence-based
4problem solving methods of the nutrition care process to
5critically think and make decisions to address
6nutrition-related problems and provide safe, effective, and
7quality nutrition services, including medical nutrition
8therapy, for individuals in clinical and community settings.
9(Source: P.A. 98-148, eff. 8-2-13.)
 
10    (225 ILCS 30/20)  (from Ch. 111, par. 8401-20)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 20. Exemptions. This Act does not prohibit or
13restrict:
14    (a) Any person licensed in this State under any other Act
15from engaging in the practice for which he or she is licensed
16as long as the person does not hold oneself out as qualified,
17able, or licensed to provide medical nutrition therapy or use
18a title in connection with the person's name whose use is
19restricted to individuals licensed under this Act, as
20specified in Section 80.
21    (b) Any person from providing medical nutrition therapy if
22that The practice of dietetics and nutrition services by a
23person who is employed by the United States or State
24government or any of its bureaus, divisions, departments, or
25agencies while in the discharge of the employee's official

 

 

10200HB4665sam001- 21 -LRB102 23904 AMQ 37546 a

1duties.
2    (c) The distribution of general nonmedical nutrition
3information practice of dietetics and nutrition services by a
4person employed as a cooperative extension home economist, to
5the extent the activities are part of his or her employment.
6    (d) The provision of medical nutrition therapy practice of
7dietetics and nutrition services by a person pursuing a course
8of study leading to a degree in dietetics, nutrition, or an
9equivalent major from a United States regionally accredited
10school or program, but only if all of the following apply if:
11(i) if the activities and services constitute a part of a
12supervised course of study; (ii) the person does not engage in
13the independent private practice of medical nutrition therapy;
14(iii) the person is appropriately supervised by a qualified
15supervisor who agrees to assume full professional
16responsibility for the work of the individual by verifying,
17directing, and authorizing the work; and (iv) and if the
18person is designated by a title that clearly indicates the
19person's status as a student, or trainee, or supervisee.
20    (e) (Blank). The practice of dietetics and nutrition
21services by a person fulfilling the supervised practice
22experience component of Section 45, if the activities and
23services constitute a part of the experience necessary to meet
24the requirements of Section 45.
25    (e-5) The activities and services of an individual seeking
26to fulfill post-degree supervised practice experience

 

 

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1requirements in order to qualify for licensing as a licensed
2dietitian nutritionist under this Act, so long as the
3individual is not engaged in the independent private practice
4of medical nutrition therapy and is in compliance with all
5applicable regulations regarding supervision, including, but
6not limited to, the requirement that the supervised practice
7experience must be under the order, control, and full
8professional responsibility of the individual's supervisor and
9the individual is designated by a title that clearly indicates
10the person's status as a student, trainee, or supervisee. The
11Department may, by rule, adopt further limitations on
12individuals practicing under this subsection.
13    (f) A person, including a licensed acupuncturist, from:
14        (1) providing verbal oral nutrition information as an
15    operator or employee of a health food store or business
16    that sells health products, including dietary supplements,
17    food, herbs, or food materials; or
18        (2) disseminating written general nonmedical nutrition
19    information in connection with the marketing and
20    distribution of those products, or discussing the use of
21    those products, both individually and as components of
22    nutritional programs, including explanations of their
23    federally regulated label claims, any known drug-nutrient
24    interactions, their role in various nonindividualized
25    diets, or suggestions as how to best use and combine them.
26    (g) The practice of dietetics and nutrition services by an

 

 

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1educator who is in the employ of a nonprofit organization; a
2federal, state, county, or municipal agency, or other
3political subdivision; an elementary or secondary school; or a
4regionally accredited institution of higher education, as long
5as the activities and services of the educator are part of his
6or her employment.
7    (h) (Blank). The practice of dietetics and nutrition
8services by any person who provides weight control services,
9provided the nutrition program has been reviewed by,
10consultation is available from, and no program change can be
11initiated without prior approval by an individual licensed
12under this Act, an individual licensed to practice dietetics
13or nutrition services in another state that has licensure
14requirements considered by the Department to be at least as
15stringent as the requirements for licensure under this Act, or
16a registered dietitian.
17    (h-5) An individual providing medical weight control
18services for individuals with prediabetes or obesity if:
19        (1) under a program of instruction approved in writing
20    by, consultation is available from, and no program change
21    can be initiated without prior approval by one of the
22    following: a dietitian nutritionist licensed in this
23    State; or a State-licensed health care professional
24    lawfully practicing within the scope of a license granted
25    by the State to provide the scope of the individual's
26    licensed profession and consistent with accepted

 

 

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1    professional standards for providing nutrition care
2    services to treat or manage the disease or medical
3    condition for which medical weight control is being
4    provided; or
5        (2) as part of a plan of care overseen and delegated by
6    a State-licensed health care professional lawfully
7    practicing within the scope of a license granted by the
8    State to provide acting within the scope of the
9    individual's licensed profession and consistent with
10    accepted professional standards for providing nutrition
11    care services to treat or manage the disease or medical
12    condition for which medical weight control is being
13    provided.
14    (i) The practice of dietetics and nutrition services for
15the limited purpose of education and research by any person
16with a masters or doctorate degree with a major in nutrition or
17equivalent from a regionally accredited school recognized by
18the Department for the purpose of education and research.
19    (j) A person from providing general nonmedical nutrition
20information, nutrition recommendations for prevention and
21wellness, health coaching, holistic and wellness education,
22guidance, motivation, behavior change management, nonmedical
23weight control, or other nutrition care services provided that
24any such services do not constitute medical nutrition therapy
25and as long as the person does not hold oneself out as
26qualified, able, or licensed to provide medical nutrition

 

 

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1therapy or use a title in connection with the individual's
2name whose use is restricted to individuals licensed under
3this Act, as specified in Section 80 or encouragement of
4general healthy eating choices that does not include the
5development of a customized nutrition regimen for a particular
6client or individual, or from providing encouragement for
7compliance with a customized nutrition plan prepared by a
8licensed dietitian nutritionist or any other licensed
9professional whose scope of practice includes nutrition
10assessment and counseling.
11    (k) The provision of nutrition care services by a
12nutrition and dietetic technician or practice of dietetics and
13nutrition services by a graduate of a 2 year associate program
14or a 4 year baccalaureate program from a school or program
15accredited at the time of graduation by the appropriate
16accrediting agency recognized by the Council for on Higher
17Education Accreditation and the United States Department of
18Education with a major course of study in human nutrition,
19food and nutrition or its equivalent, as authorized by the
20Department, who is directly supervised by an individual
21licensed under this Act.
22    (l) Providing nutrition information as an employee of a
23nursing facility operated exclusively by and for those relying
24upon spiritual means through prayer alone for healing in
25accordance with the tenets and practices of a recognized
26church or religious denomination.

 

 

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1    (m) A dietary technical support person working in a
2hospital setting or a regulated Department of Public Health,
3Department of Human Services, or Department on Aging facility
4or program who has been trained and is supervised while
5engaged in the practice of dietetics and nutrition by a
6licensed dietitian nutritionist in accordance with this Act
7and whose services are retained by that facility or program on
8a full-time or regular, ongoing consultant basis.
9    (n) The provision of nutrition care services without
10remuneration to family members.
11    (o) The practice of dietetics and nutrition for a period
12not exceeding 6 months by a person who is in the State on a
13temporary basis to assist in a case of public health emergency
14and who meets the qualifications for a licensed dietitian
15nutritionist as set forth in Section 45 and is licensed in
16another state as a provider of medical nutrition therapy.
17    The provisions of this Act shall not be construed to
18prohibit or limit any person from the free dissemination of
19information, from conducting a class or seminar, or from
20giving a speech related to nutrition if that person does not
21hold himself or herself out as a licensed dietitian
22nutritionist in a manner prohibited by Section 15.
23    Nothing in this Section shall be construed to permit a
24student, trainee, or supervisee to offer the student's,
25trainee's, or supervisee's services as a dietitian or
26nutritionist to any other person, other than as specifically

 

 

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1excepted in this Section, unless the student, trainee, or
2supervisee is licensed under this Act.
3    The provisions of this Act shall not be construed to
4prohibit or limit any physician licensed under the Medical
5Practice Act of 1987 from practicing or delegating
6nutrition-related therapies and procedures by consultation, by
7organization policy, or by contract to an appropriately
8trained, qualified, and supervised individual licensed under
9this Act.
10    Nothing in this Act shall be construed to limit the
11ability of any other licensed health care professional in this
12State to order therapeutic diets if the ordering of
13therapeutic diets falls within the scope of the licensee's
14license.
15(Source: P.A. 97-1141, eff. 12-28-12.)
 
16    (225 ILCS 30/30)  (from Ch. 111, par. 8401-30)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 30. Dietitian Nutritionist Practice Board. The
19Secretary shall appoint a Dietitian Nutritionist Practice
20Board as follows: 7 individuals who shall be appointed by and
21shall serve in an advisory capacity to the Secretary. Of these
227 individuals, 6 members must be licensed under this Act, 4 2
23of which must be a registered dietitian and 2 of which must be
24either a certified clinical nutritionist licensed by the
25Department prior to the effective date of this amendatory Act

 

 

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1of the 102nd General Assembly, a certified nutrition
2specialist, or a diplomate of the American Clinical Board of
3Nutrition, and one member must be a public member not licensed
4under this Act.
5    Members shall serve 3-year terms and until their
6successors are appointed and qualified. No member shall be
7reappointed to the Board for a term that would cause his or her
8continuous service on the Board to be longer than 8 years.
9Appointments to fill vacancies shall be made in the same
10manner as original appointments, for the unexpired portion of
11the vacated term.
12    Insofar as possible, the licensed professionals appointed
13to serve on the Board shall be generally representative of the
14geographical distribution of licensed professionals within
15this State. Any time there is a vacancy on the Board, any
16professional association composed of persons licensed under
17this Act may recommend licensees to fill the vacancy to the
18Board for the appointment of licensees.
19    A vacancy in the membership of the Board shall not impair
20the right of a quorum to exercise all the rights and perform
21all the duties of the Board.
22    Members of the Board shall have no liability in any action
23based upon any disciplinary proceeding or other activity
24performed in good faith as members of the Board.
25    The Secretary shall have the authority to remove or
26suspend any member of the Board for cause at any time before

 

 

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

 

 

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

 

 

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1application shall be denied. However, the applicant may
2thereafter make a new application accompanied by the required
3fee and shall meet the requirements for licensure in force at
4the time of making the new application.
5    The Department may employ consultants for the purpose of
6preparing and conducting examinations.
7(Source: P.A. 92-642, eff. 10-31-03.)
 
8    (225 ILCS 30/45)  (from Ch. 111, par. 8401-45)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 45. Dietitian nutritionist; qualifications. A person
11who meets all of the following requirements is shall be
12qualified to receive a license for licensure as a dietitian
13nutritionist if that person meets all of the following
14requirements:
15    (a) has Has applied in writing in form and substance
16acceptable to the Department and submits proof of completion
17of all of the following educational, supervised practice
18experience, and examination requirements;
19    (a-5) possesses a baccalaureate degree or post
20baccalaureate degree with a major course of study in human
21nutrition, foods and nutrition, dietetics, food systems
22management, nutrition education, nutrition, nutrition science,
23clinical nutrition, applied clinical nutrition, nutrition
24counseling, nutrition and functional medicine, nutritional
25biochemistry, nutrition and integrative health, or an

 

 

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1equivalent major course of study as recommended by the Board
2and approved by the Department from a school or program
3accredited at the time of graduation from the appropriate
4regional accrediting agency recognized by the Council for on
5Higher Education Accreditation and the United States
6Department of Education or a college or university in a
7foreign country that is substantially equivalent to the
8educational requirements in this Section, as recommended by
9the Board and approved by the Department. All education
10programs under this Section shall include education leading to
11competence in medical nutrition therapy. The Department may
12adopt rules as necessary to enforce this provision; .
13    (b) has Has successfully completed an examination
14authorized by the Department which may be or may include
15examinations given by each of the American Clinical Board of
16Nutrition, the Certification Board of Nutrition Specialists,
17the Clinical Nutrition Certification Board, and the Commission
18on Dietetic Registration, or another examination approved by
19the Department. Before the effective date of this amendatory
20Act of the 102nd General Assembly, the Department may include
21examinations given by the Clinical Nutrition Certification
22Board.
23    The Department shall establish by rule a waiver of the
24examination requirement to applicants who, at the time of
25application, are acknowledged to be certified clinical
26nutritionists by the Clinical Nutrition Certification Board,

 

 

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1certified nutrition specialists by the Certification Board of
2Nutrition Specialists, diplomates of the American Clinical
3Board of Nutrition, or registered dietitians by the Commission
4on Dietetic Registration and who are in compliance with other
5qualifications as included in the Act. Prior to the effective
6date of this amendatory Act of the 102nd General Assembly, the
7Department may waive of the examination requirement to
8applicants who, at the time of application, are acknowledged
9to be certified clinical nutritionists by the Clinical
10Nutrition Certification Board; and
11    (c) has Has completed a dietetic internship or documented,
12supervised practice experience in dietetics and nutrition
13services of not less than 900 hours under the supervision of a
14qualified supervisor certified clinical nutritionist,
15certified nutrition specialist, diplomate of the American
16Clinical Board of Nutrition, registered dietitian or a
17licensed dietitian nutritionist, a State licensed healthcare
18practitioner, or an individual with a doctoral degree
19conferred by a U.S. regionally accredited college or
20university with a major course of study in human nutrition,
21nutrition education, food and nutrition, dietetics, food
22systems management, nutrition, nutrition science, clinical
23nutrition, applied clinical nutrition, nutrition counseling,
24nutrition and functional medicine, or nutrition and
25integrative health. Supervised practice experience must be
26completed in the United States or its territories. Supervisors

 

 

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1who obtained their doctoral degree outside the United States
2and its territories must have their degrees validated as
3equivalent to the doctoral degree conferred by a U.S.
4regionally accredited college or university. All supervised
5practice experience under this Section shall include training
6leading to competence in medical nutrition therapy. The
7Department may adopt rules as necessary to enforce this
8provision. Prior to the effective date of this amendatory Act
9of the 102nd General Assembly, supervised practice experience
10in dietetics and nutrition services of not less than 900 hours
11under the supervision of a certified clinical nutritionist may
12also be accepted.
13(Source: P.A. 97-1141, eff. 12-28-12.)
 
14    (225 ILCS 30/70)  (from Ch. 111, par. 8401-70)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 70. Inactive status; restoration; military service.
17    (a) Any person who notifies the Department in writing on
18forms or electronically as prescribed by the Department may
19elect to place his or her license on an inactive status and
20shall, subject to rules of the Department, be excused from
21payment of renewal fees until he or she notifies the
22Department in writing of the desires to resume active status.
23    (b) A licensee who has permitted his or her license to
24expire or who has had his or her license on inactive status may
25have the license restored by making application to the

 

 

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1Department by filing proof acceptable to the Department of his
2or her fitness to have the license restored and by paying the
3required fees. Proof of fitness may include sworn evidence
4certifying to active lawful practice in another jurisdiction.
5If the licensee has not maintained an active practice in
6another jurisdiction satisfactory to the Department, then the
7Department shall determine, by an evaluation program
8established by rule, his or her fitness for restoration of the
9license and shall establish procedures and requirements for
10restoration.
11    (c) A licensee whose license expired while he or she was
12(1) in federal service on active duty with the Armed Forces of
13the United States or the State Militia called into service or
14training or (2) in training or education under the supervision
15of the United States before induction into the military
16service, may have the license restored without paying any
17lapsed renewal fees if within 2 years after honorable
18termination of the service, training, or education he or she
19furnishes the Department with satisfactory evidence to the
20effect that he or she has been so engaged and that his or her
21service, training, or education has been so terminated.
22    (d) Any person requesting restoration from inactive status
23shall be required to pay the current renewal fee, shall meet
24continuing education requirements, and shall be required to
25restore his or her license as provided in Section 65 of this
26Act.

 

 

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1    (e) A person licensed under this Act whose license is on
2inactive status or in a non-renewed status shall not provide
3medical nutrition therapy engage in the practice of dietetics
4or nutrition services in the State of Illinois or use the title
5or advertise that he or she performs the services of a licensed
6dietitian nutritionist.
7    (f) Any person violating this Section shall be considered
8to be practicing without a license and will be subject to the
9disciplinary provisions of this Act.
10(Source: P.A. 97-1141, eff. 12-28-12.)
 
11    (225 ILCS 30/75)  (from Ch. 111, par. 8401-75)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 75. Endorsement. The Department may, in its
14discretion, license as a dietitian nutritionist, without
15examination, on payment of required fee, an applicant who is a
16dietitian, dietitian nutritionist, or nutritionist, or
17nutrition counselor licensed or certified under the laws of
18another state, territory, or country, if the Department
19determines that the requirements for licensure in the state,
20territory, or country in which the applicant was licensed
21were, at the date of his or her licensure, substantially equal
22to the requirements of this Act.
23    An applicant has 3 years from the date of application to
24complete the application process. If the process has not been
25completed within the 3 years, the application shall be denied,

 

 

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1the fee forfeited, and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3(Source: P.A. 92-642, eff. 10-31-03.)
 
4    (225 ILCS 30/76 new)
5    Sec. 76. Grandfathering. An individual licensed as a
6dietitian in the State on the effective date of this
7amendatory Act of the 102nd General Assembly shall be eligible
8to maintain and renew a license as a licensed dietitian
9nutritionist in the State consistent with this Act if that
10individual meets the renewal requirements set forth in this
11Act. An individual licensed as a dietitian nutritionist on the
12effective date of this amendatory Act of the 102nd General
13Assembly shall not be required to complete any education,
14experience, or exam requirements specified in Section 45
15beyond those which were required when the individual was
16originally licensed.
 
17    (225 ILCS 30/80)  (from Ch. 111, par. 8401-80)
18    (Section scheduled to be repealed on January 1, 2023)
19    Sec. 80. Use of title; advertising.
20    (a) Only a person who is issued a license as a dietitian
21nutritionist under this Act may use the words "licensed
22dietitian nutritionist", "dietitian nutritionist", or
23"dietitian", "licensed nutritionist", or "nutrition counselor"
24or the letters "L.D.N." or holds oneself out as qualified or

 

 

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1licensed to practice under this Act in connection with his or
2her name.
3    (b) A licensee shall include in every advertisement for
4services regulated under this Act his or her title as it
5appears on the license or the initials authorized under this
6Act. Advertisements shall not include false, fraudulent,
7deceptive, or misleading material or guarantees of success.
8    (c) Use of an earned, federally trademarked nutrition
9credential is not prohibited, but such use does not give an
10individual the right to practice dietetics or nutrition or
11provide medical nutrition therapy unless the individual is
12licensed under this Act.
13(Source: P.A. 97-1141, eff. 12-28-12.)
 
14    (225 ILCS 30/100)  (from Ch. 111, par. 8401-100)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 100. Injunctions; cease and desist orders.
17    (a) If any person violates a provision of this Act, the
18Secretary may, in the name of the People of the State of
19Illinois through the Attorney General of the State of Illinois
20or the State's Attorney of the county in which the violation is
21alleged to have occurred, petition for an order enjoining the
22violation or for an order enforcing compliance with this Act.
23Upon the filing of a verified petition, the court may issue a
24temporary restraining order, without notice or bond, and may
25preliminarily and permanently enjoin the violation. If it is

 

 

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1established that the person has violated or is violating the
2injunction, the Court may punish the offender for contempt of
3court. Proceedings under this Section shall be in addition to,
4and not in lieu of, all other remedies and penalties provided
5by this Act.
6    (b) If any person provides, offers to provide, attempts to
7provide practices as a dietitian nutritionist or holds himself
8or herself out as qualified, licensed, or able to provide
9medical nutrition therapy or holds oneself out as licensed or
10qualified to practice dietetics and nutrition or holds oneself
11out as a licensed dietitian nutritionist or uses words or
12letters in connection with the person's name in violation of
13Section 80 such without having a valid license under this Act,
14then any licensee, any interested party, or any person injured
15thereby may, in addition to the Secretary, petition for relief
16as provided in subsection (a) of this Section.
17    (c) Whenever in the opinion of the Department any person
18violates any provision of this Act, the Department may issue a
19rule to show cause why an order to cease and desist should be
20entered against him or her. The rule shall clearly set forth
21the grounds relied upon the Department and shall provide a
22period of 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 in order to cease
25and desist to be issued immediately.
26(Source: P.A. 97-1141, eff. 12-28-12.)
 

 

 

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1    (225 ILCS 30/105)  (from Ch. 111, par. 8401-105)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 105. Investigation; notice and hearing. The
4Department may investigate the actions or qualifications of
5any applicant or of any person or persons holding or claiming
6to hold a license or certificate of registration. The
7Department shall, before refusing to issue or renew a license
8or to discipline a licensee under Section 95, at least 30 days
9before the date set for the hearing, (i) notify the accused in
10writing of any charges made and the time and place for a
11hearing of the charges before the Board, (ii) direct him or her
12to file his or her written answer to the charges with the Board
13under oath within 20 days after the service of the notice, and
14(iii) inform the applicant or licensee that failure to file an
15answer shall result in a default judgment being entered taken
16against the applicant or licensee. At the time and place fixed
17in the notice, the Department shall proceed to hear the
18charges and the parties or their counsel shall be accorded
19ample opportunity to present any pertinent statements,
20testimony, evidence, and arguments. The Department may
21continue the hearing from time to time. In case the person,
22after receiving the notice, fails to file an answer, his or her
23license, may, in the discretion of the Department, be revoked,
24suspended, or placed on probationary status or the Department
25may take whatever disciplinary action considered proper,

 

 

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1including limiting the scope, nature, or extent of the
2person's practice or the imposition of a fine, without a
3hearing, if the act or acts charged constitute sufficient
4grounds for that action under the Act. The written notice and
5any notice in the subsequent proceeding may be served by
6registered or certified mail to the licensee's address of
7record or by email to the licensee's email address of record.
8(Source: P.A. 97-1141, eff. 12-28-12.)
 
9    (225 ILCS 30/110)  (from Ch. 111, par. 8401-110)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 110. Record of hearing. The Department, at its
12expense, shall provide a certified shorthand reporter to take
13down the testimony and preserve a record of all proceedings at
14the hearing of any case in which a licensee may be revoked,
15suspended, placed on probationary status, reprimanded, fined,
16or subjected to other disciplinary action with reference to
17the license when a disciplinary action is authorized under
18this Act and its rules. The notice of hearing, complaint, and
19all other documents in the nature of pleadings and written
20portions filed in the proceedings, the transcript of the
21testimony, the report of the hearing officer, and the orders
22of the Department shall be the records of the proceedings. The
23record may be made available to any person interested in the
24hearing upon payment of the fee required by Section 2105-115
25of the Department of Professional Regulation Law of the Civil

 

 

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1Administrative Code of Illinois preserve a record of all
2proceedings at the formal hearing of any case. The notice of
3hearing, complaint, and other documents in the nature of
4pleadings and written motions filed in the proceedings, the
5transcript of testimony, the report of the Board, and orders
6of the Department shall be in the record of the proceedings.
7(Source: P.A. 97-1141, eff. 12-28-12.)
 
8    (225 ILCS 30/125)  (from Ch. 111, par. 8401-125)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 125. Motion for rehearing. In any case hearing
11involving the refusal to issue or renew or the discipline of a
12licensee, a copy of the Board's report shall be served upon the
13respondent by the Department, either personally or as provided
14in this Act for the service of the notice of hearing. Within 20
15calendar days after the service, the respondent may present to
16the Department a motion in writing for a rehearing which shall
17specify the particular grounds for rehearing. If no motion for
18rehearing is filed, then upon the expiration of the time
19specified for filing a motion, or if motion for rehearing is
20denied, then upon denial, the Secretary may enter an order in
21accordance with recommendations of the Board, except as
22provided for in Section 120. If the respondent orders a
23transcript of the record from the reporting service and pays
24for it within the time for filing a motion for rehearing, the
2520 calendar day period within which a motion for rehearing may

 

 

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1be filed shall commence upon the delivery of the transcript to
2the respondent.
3(Source: P.A. 97-1141, eff. 12-28-12.)
 
4    (225 ILCS 30/140)  (from Ch. 111, par. 8401-140)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 140. Order; certified copy. An order or a certified
7copy of an order, over the seal of the Department and
8purporting to be signed by the Secretary, shall be prima facie
9proof:
10        (a) that the signature is the genuine signature of the
11    Secretary; and
12        (b) that the Secretary is duly appointed and
13    qualified; and .
14        (c) that the Board and the members of the Board are
15    qualified to act.
16(Source: P.A. 97-1141, eff. 12-28-12.)
 
17    (225 ILCS 30/165)  (from Ch. 111, par. 8401-165)
18    (Section scheduled to be repealed on January 1, 2023)
19    Sec. 165. Certification of record; receipt. The Department
20shall not be required to certify any record to the Court or
21file any answer in court or otherwise appear in any court in a
22judicial review proceeding, unless and until the Department
23has received from the plaintiff payment of the costs of
24furnishing and certifying the record, which costs shall be

 

 

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1determined by the Department. Exhibits shall be certified
2without cost. Failure on the part of the plaintiff to file a
3receipt in Court is grounds for dismissal of the action.
4(Source: P.A. 97-1141, eff. 12-28-12.)
 
5    (225 ILCS 30/175)  (from Ch. 111, par. 8401-175)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 175. Illinois Administrative Procedure Act. The
8Illinois Administrative Procedure Act is expressly adopted and
9incorporated as if all of the provisions of that Act were
10included in this Act, except that the provision of paragraph
11(d) of Section 10-65 of the Illinois Administrative Procedure
12Act, which provides that at hearings the licensee or person
13holding a license has the right to show compliance with all
14lawful requirements for retention or continuation of the
15license, is specifically excluded. For the purpose of this
16Act, the notice required under Section 10-25 of the Illinois
17Administrative Procedure Act is deemed sufficient when mailed
18to the last known address of record of a party or when emailed
19to the last known email address of record of a party.
20(Source: P.A. 97-1141, eff. 12-28-12.)
 
21    (225 ILCS 30/37 rep.)
22    (225 ILCS 30/90 rep.)
23    (225 ILCS 30/150 rep.)
24    Section 15. The Dietitian Nutritionist Practice Act is

 

 

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1amended by repealing Sections 37, 90, and 150.
 
2    Section 99. Effective date. This Act takes effect January
31, 2023, except that this Section and Section 5 take effect
4upon becoming law.".