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

HB5027ham001 102ND GENERAL ASSEMBLY

Rep. Theresa Mah

Filed: 2/10/2022

 

 


 

 


 
10200HB5027ham001LRB102 22884 AMQ 36066 a

1
AMENDMENT TO HOUSE BILL 5027

2    AMENDMENT NO. ______. Amend House Bill 5027 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 Acts repealed on January 1, 2023.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8Acts are repealed on January 1, 2023: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 Acts repealed on January 1, 2028.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6Acts are repealed on January 1, 2028: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 Home Medical Equipment and Services Provider License
10Act.
11    The Illinois Petroleum Education and Marketing Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Naprapathic Practice Act.
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 Naprapathic Practice Act is amended by
2changing Sections 10, 15, 17, 57, 110, 125, 145, 150, and 190
3and by adding Section 11 as follows:
 
4    (225 ILCS 63/10)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 10. Definitions. In this Act:
7    "Address of record" means the designated address recorded
8by the Department in the applicant's or licensee's application
9file or license file as maintained by the Department's
10licensure maintenance unit. It is the duty of the applicant or
11licensee to inform the Department of any change of address and
12those changes must be made either through the Department's
13website or by contacting the Department.
14    "Email address of record" means the designated email
15address recorded by the Department in the applicant's
16application file or the licensee's license file, as maintained
17by the Department's licensure maintenance unit.
18    "Naprapath" means a person who practices Naprapathy and
19who has met all requirements as provided in the Act.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Secretary" means the Secretary of the Department of
23Financial and Professional Regulation.
24    "Referral" means the following of guidance or direction to
25the naprapath given by the licensed physician, dentist, or

 

 

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1podiatric physician who maintains supervision of the patient.
2    "Documented current and relevant diagnosis" means a
3diagnosis, substantiated by signature or oral verification of
4a licensed physician, dentist, or podiatric physician, that a
5patient's condition is such that it may be treated by
6naprapathy as defined in this Act, which diagnosis shall
7remain in effect until changed by the licensed physician,
8dentist, or podiatric physician.
9(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13.)
 
10    (225 ILCS 63/11 new)
11    Sec. 11. Address of record; email address of record. All
12applicants and licensees shall:
13        (1) provide a valid address and email address to the
14    Department, which shall serve as the address of record and
15    email address of record, respectively, at the time of
16    application for licensure or renewal of a license; and
17        (2) inform the Department of any change of address of
18    record or email address of record within 14 days after
19    such change either through the Department's website or by
20    contacting the Department's licensure maintenance unit.
 
21    (225 ILCS 63/15)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 15. Practice of naprapathy defined; referrals.
24Naprapathic practice means the identification, evaluation, and

 

 

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1treatment evaluation of persons with connective tissue
2disorders through the use of naprapathic case history and
3palpation or treatment of persons by the use of connective
4tissue manipulation, therapeutic and rehabilitative exercise,
5postural counseling, nutritional counseling, and the use of
6the effective properties of physical measures of heat, cold,
7light, water, radiant energy, electricity, sound and air, and
8assistive devices for the purpose of preventing, correcting,
9or alleviating a physical disability.
10    Naprapathic practice includes, but is not limited to, the
11treatment of contractures, muscle spasms, inflammation, scar
12tissue formation, adhesions, lesions, laxity, hypotonicity,
13rigidity, structural imbalance, bruising, contusions, muscular
14atrophy, and partial separation of connective tissue fibers.
15    Naprapathic practice also includes: (a) performance of
16specialized tests and measurements, (b) administration of
17specialized treatment procedures, (c) interpretation of
18referrals from licensed physicians, dentists, and podiatric
19physicians, (d) establishment and modification of naprapathic
20treatment programs, and (e) supervision or teaching of
21naprapathy.
22    Naprapathic practice does not include radiology, surgery,
23pharmacology, or invasive diagnostic testing, or determination
24of a differential diagnosis; provided, however, the limitation
25on determining a differential diagnosis shall not in any
26manner limit a naprapath licensed under this Act from

 

 

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1performing an evaluation authorized under this Act. A
2naprapath licensed under this Act who is not also licensed as a
3physical therapist under the Illinois Physical Therapy Act
4shall not hold himself or herself out as qualified to provide
5physical therapy or physiotherapy services. Nothing in this
6Section shall limit a naprapath from employing appropriate
7naprapathic techniques that he or she is educated and licensed
8to perform. A naprapath shall refer to a licensed physician,
9dentist, or podiatric physician any patient whose medical
10condition should, at the time of evaluation or treatment, be
11determined to be beyond the scope of practice of the
12naprapath. A naprapath shall order additional screening if the
13patient does not demonstrate measurable or functional
14improvement after 6 visits and continued improvement
15thereafter. A naprapath shall refer a patient to the patient's
16treating health care professional of record or, in the case
17where there is no health care professional of record, to a
18health care professional of the patient's choice, if the
19patient's condition, at the time of evaluation or services, is
20determined to be beyond the scope of practice of the
21naprapath.
22(Source: P.A. 98-214, eff. 8-9-13.)
 
23    (225 ILCS 63/17)
24    (Section scheduled to be repealed on January 1, 2023)
25    Sec. 17. Educational and professional qualifications for

 

 

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

 

 

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1    (225 ILCS 63/57)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 57. Social Security Number on license application. In
4addition to any other information required to be contained in
5the application, every application for an original, renewal,
6reinstated, or restored license under this Act shall include
7the applicant's Social Security Number, which shall be
8retained in the agency's records pertaining to the license. As
9soon as practical, the Department shall assign a customer's
10identification number to each applicant for a license.
11    Every application for a renewal or restored license shall
12require the applicant's customer identification number.
13(Source: P.A. 97-400, eff. 1-1-12; 97-778, eff. 7-13-12.)
 
14    (225 ILCS 63/110)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 110. Grounds for disciplinary action; refusal,
17revocation, suspension.
18    (a) The Department may refuse to issue or to renew, or may
19revoke, suspend, place on probation, reprimand or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate, including imposing fines not to exceed
22$10,000 for each violation, with regard to any licensee or
23license for any one or combination of the following causes:
24        (1) Violations of this Act or of rules adopted under
25    this Act.

 

 

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1        (2) Making a material misstatement in furnishing
2    information to the Department or otherwise making
3    misleading, deceptive, untrue, or fraudulent
4    representations in violation of this Act or otherwise in
5    the practice of the profession Material misstatement in
6    furnishing information to the Department.
7        (3) Conviction by plea of guilty or nolo contendere,
8    finding of guilt, jury verdict, or entry of judgment, or
9    by sentencing of any crime, including, but not limited to,
10    convictions, preceding sentences of supervision,
11    conditional discharge, or first offender probation, under
12    the laws of any jurisdiction of the United States: (i)
13    that is a felony or (ii) that is a misdemeanor, an
14    essential element of which is dishonesty, or that is
15    directly related to the practice of the profession.
16        (4) Fraud or any misrepresentation in applying for or
17    procuring a license under this Act or in connection with
18    applying for renewal of a license under this Act.
19        (5) Professional incompetence or gross negligence.
20        (6) Malpractice.
21        (7) Aiding or assisting another person in violating
22    any provision of this Act or its rules.
23        (8) Failing to provide information within 60 days in
24    response to a written request made by the Department.
25        (9) Engaging in dishonorable, unethical, or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud, or harm the public.
2        (10) Habitual or excessive use or abuse of drugs
3    defined in law as controlled substances, alcohol, or any
4    other substance which results in the inability to practice
5    with reasonable judgment, skill, or safety.
6        (11) Discipline by another U.S. jurisdiction or
7    foreign nation if at least one of the grounds for the
8    discipline is the same or substantially equivalent to
9    those set forth in this Act.
10        (12) Directly or indirectly giving to or receiving
11    from any person, firm, corporation, partnership, or
12    association any fee, commission, rebate, or other form of
13    compensation for any professional services not actually or
14    personally rendered. This shall not be deemed to include
15    rent or other remunerations paid to an individual,
16    partnership, or corporation by a naprapath for the lease,
17    rental, or use of space, owned or controlled by the
18    individual, partnership, corporation, or association.
19    Nothing in this paragraph (12) affects any bona fide
20    independent contractor or employment arrangements among
21    health care professionals, health facilities, health care
22    providers, or other entities, except as otherwise
23    prohibited by law. Any employment arrangements may include
24    provisions for compensation, health insurance, pension, or
25    other employment benefits for the provision of services
26    within the scope of the licensee's practice under this

 

 

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1    Act. Nothing in this paragraph (12) shall be construed to
2    require an employment arrangement to receive professional
3    fees for services rendered.
4        (13) Using the title "Doctor" or its abbreviation
5    without further clarifying that title or abbreviation with
6    the word "naprapath" or "naprapathy" or the designation
7    "D.N.".
8        (14) A finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation.
11        (15) Abandonment of a patient without cause.
12        (16) Willfully making or filing false records or
13    reports relating to a licensee's practice, including but
14    not limited to, false records filed with State agencies or
15    departments.
16        (17) Willfully failing to report an instance of
17    suspected child abuse or neglect as required by the Abused
18    and Neglected Child Reporting Act.
19        (18) Physical or mental illness or disability,
20    including, but not limited to, deterioration through the
21    aging process or loss of motor skill that results in the
22    inability to practice the profession with reasonable
23    judgment, skill, or safety.
24        (19) Solicitation of professional services by means
25    other than permitted advertising.
26        (20) Failure to provide a patient with a copy of his or

 

 

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1    her record upon the written request of the patient.
2        (21) Cheating on or attempting to subvert the
3    licensing examination administered under this Act.
4        (22) Allowing one's license under this Act to be used
5    by an unlicensed person in violation of this Act.
6        (23) (Blank).
7        (24) Being named as a perpetrator in an indicated
8    report by the Department of Children and Family Services
9    under the Abused and Neglected Child Reporting Act and
10    upon proof by clear and convincing evidence that the
11    licensee has caused a child to be an abused child or a
12    neglected child as defined in the Abused and Neglected
13    Child Reporting Act.
14        (25) Practicing under a false or, except as provided
15    by law, an assumed name.
16        (26) Immoral conduct in the commission of any act,
17    such as sexual abuse, sexual misconduct, or sexual
18    exploitation, related to the licensee's practice.
19        (27) Maintaining a professional relationship with any
20    person, firm, or corporation when the naprapath knows, or
21    should know, that the person, firm, or corporation is
22    violating this Act.
23        (28) Promotion of the sale of food supplements,
24    devices, appliances, or goods provided for a client or
25    patient in such manner as to exploit the patient or client
26    for financial gain of the licensee.

 

 

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1        (29) Having treated ailments of human beings other
2    than by the practice of naprapathy as defined in this Act
3    unless authorized to do so by State law. , or having
4    treated ailments of human beings as a licensed naprapath
5    independent of a documented referral or documented current
6    and relevant diagnosis from a physician, dentist, or
7    podiatric physician, or having failed to notify the
8    physician, dentist, or podiatric physician who established
9    a documented current and relevant diagnosis that the
10    patient is receiving naprapathic treatment pursuant to
11    that diagnosis.
12        (30) Use by a registered naprapath of the word
13    "infirmary", "hospital", "school", "university", in
14    English or any other language, in connection with the
15    place where naprapathy may be practiced or demonstrated.
16        (31) Continuance of a naprapath in the employ of any
17    person, firm, or corporation, or as an assistant to any
18    naprapath or naprapaths, directly or indirectly, after his
19    or her employer or superior has been found guilty of
20    violating or has been enjoined from violating the laws of
21    the State of Illinois relating to the practice of
22    naprapathy when the employer or superior persists in that
23    violation.
24        (32) The performance of naprapathic service in
25    conjunction with a scheme or plan with another person,
26    firm, or corporation known to be advertising in a manner

 

 

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1    contrary to this Act or otherwise violating the laws of
2    the State of Illinois concerning the practice of
3    naprapathy.
4        (33) Failure to provide satisfactory proof of having
5    participated in approved continuing education programs as
6    determined by and approved by the Secretary. Exceptions
7    for extreme hardships are to be defined by the rules of the
8    Department.
9        (34) (Blank).
10        (35) Gross or willful overcharging for professional
11    services.
12        (36) (Blank).
13    All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the
15fine, unless an alternate payment schedule has been agreed
16upon in writing.
17    (b) A person not licensed under this Act and engaged in the
18business of offering naprapathy services through others, shall
19not aid, abet, assist, procure, advise, employ, or contract
20with any unlicensed person to practice naprapathy contrary to
21any rules or provisions of this Act. A person violating this
22subsection (b) shall be treated as a licensee for the purposes
23of disciplinary action under this Section and shall be subject
24to cease and desist orders as provided in Section 90 of this
25Act. The Department may refuse to issue or may suspend without
26hearing, as provided for in the Department of Professional

 

 

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1Regulation Law of the Civil Administrative Code, the license
2of any person who fails to file a return, or pay the tax,
3penalty, or interest shown in a filed return, or pay any final
4assessment of the tax, penalty, or interest as required by any
5tax Act administered by the Illinois Department of Revenue,
6until such time as the requirements of any such tax Act are
7satisfied in accordance with subsection (g) of Section 2105-15
8of the Department of Professional Regulation Law of the Civil
9Administrative Code of Illinois.
10    (b-5) The Department may refuse to issue or may suspend
11the license of any person who fails to file a tax return, to
12pay the tax, penalty, or interest shown in a filed tax return,
13or to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Department of
15Revenue, until the requirements of the tax Act are satisfied
16in accordance with subsection (g) of Section 2105-15 of the
17Civil Administrative Code of Illinois.
18    (c) (Blank).
19    (d) In cases where the Department of Healthcare and Family
20Services has previously determined a licensee or a potential
21licensee is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency
23to the Department, the Department may refuse to issue or renew
24or may revoke or suspend that person's license or may take
25other disciplinary action against that person based solely
26upon the certification of delinquency made by the Department

 

 

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1of Healthcare and Family Services in accordance with item (5)
2of subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code
4of Illinois.
5    (e) The determination by a circuit court that a licensee
6is subject to involuntary admission or judicial admission, as
7provided in the Mental Health and Developmental Disabilities
8Code, operates as an automatic suspension. The suspension
9shall end only upon a finding by a court that the patient is no
10longer subject to involuntary admission or judicial admission
11and the issuance of an order so finding and discharging the
12patient.
13    (f) In enforcing this Act, the Department, upon a showing
14of a possible violation, may compel an individual licensed to
15practice under this Act, or who has applied for licensure
16under this Act, to submit to a mental or physical examination,
17or both, as required by and at the expense of the Department.
18The Department may order the examining physician to present
19testimony concerning the mental or physical examination of the
20licensee or applicant. No information shall be excluded by
21reason of any common law or statutory privilege relating to
22communications between the licensee or applicant and the
23examining physician. The examining physicians shall be
24specifically designated by the Department. The individual to
25be examined may have, at his or her own expense, another
26physician of his or her choice present during all aspects of

 

 

10200HB5027ham001- 17 -LRB102 22884 AMQ 36066 a

1this examination. The examination shall be performed by a
2physician under the Medical Practice Act of 1987. Failure of
3an individual to submit to a mental or physical examination,
4when directed, shall result in an automatic suspension without
5hearing. and evaluation, or both, which may include a
6substance abuse or sexual offender evaluation, as required by
7and at the expense of the Department. The Department shall
8specifically designate the examining physician licensed to
9practice medicine in all of its branches or, if applicable,
10the multidisciplinary team involved in providing the mental or
11physical examination and evaluation, or both. The
12multidisciplinary team shall be led by a physician licensed to
13practice medicine in all of its branches and may consist of one
14or more or a combination of physicians licensed to practice
15medicine in all of its branches, licensed chiropractic
16physicians, licensed clinical psychologists, licensed clinical
17social workers, licensed clinical professional counselors, and
18other professional and administrative staff. Any examining
19physician or member of the multidisciplinary team may require
20any person ordered to submit to an examination and evaluation
21pursuant to this Section to submit to any additional
22supplemental testing deemed necessary to complete any
23examination or evaluation process, including, but not limited
24to, blood testing, urinalysis, psychological testing, or
25neuropsychological testing.
26    The Department may order the examining physician or any

 

 

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1member of the multidisciplinary team to provide to the
2Department any and all records including business records that
3relate to the examination and evaluation, including any
4supplemental testing performed. The Department may order the
5examining physician or any member of the multidisciplinary
6team to present testimony concerning the examination and
7evaluation of the licensee or applicant, including testimony
8concerning any supplemental testing or documents in any way
9related to the examination and evaluation. No information,
10report, record, or other documents in any way related to the
11examination and evaluation shall be excluded by reason of any
12common law or statutory privilege relating to communications
13between the licensee or applicant and the examining physician
14or any member of the multidisciplinary team. No authorization
15is necessary from the licensee or applicant ordered to undergo
16an evaluation and examination for the examining physician or
17any member of the multidisciplinary team to provide
18information, reports, records, or other documents or to
19provide any testimony regarding the examination and
20evaluation. The individual to be examined may have, at his or
21her own expense, another physician of his or her choice
22present during all aspects of this examination. Failure of an
23individual to submit to a mental or physical examination and
24evaluation, or both, when directed, shall result in an
25automatic suspension without hearing, until such time as the
26individual submits to the examination.

 

 

10200HB5027ham001- 19 -LRB102 22884 AMQ 36066 a

1    A person holding a license under this Act or who has
2applied for a license under this Act who, because of a physical
3or mental illness or disability, including, but not limited
4to, deterioration through the aging process or loss of motor
5skill, is unable to practice the profession with reasonable
6judgment, skill, or safety, may be required by the Department
7to submit to care, counseling, or treatment by physicians
8approved or designated by the Department as a condition, term,
9or restriction for continued, reinstated, or renewed licensure
10to practice. Submission to care, counseling, or treatment as
11required by the Department shall not be considered discipline
12of a license. If the licensee refuses to enter into a care,
13counseling, or treatment agreement or fails to abide by the
14terms of the agreement, the Department may file a complaint to
15revoke, suspend, or otherwise discipline the license of the
16individual. The Secretary may order the license suspended
17immediately, pending a hearing by the Department. Fines shall
18not be assessed in disciplinary actions involving physical or
19mental illness or impairment.
20    In instances in which the Secretary immediately suspends a
21person's license under this Section, a hearing on that
22person's license must be convened by the Department within 15
23days after the suspension and completed without appreciable
24delay. The Department shall have the authority to review the
25subject individual's record of treatment and counseling
26regarding the impairment to the extent permitted by applicable

 

 

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1federal statutes and regulations safeguarding the
2confidentiality of medical records.
3    An individual licensed under this Act and affected under
4this Section shall be afforded an opportunity to demonstrate
5to the Department that he or she can resume practice in
6compliance with acceptable and prevailing standards under the
7provisions of his or her license.
8(Source: P.A. 100-872, eff. 8-14-18.)
 
9    (225 ILCS 63/125)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 125. Investigation; notice; hearing. The Department
12may investigate the actions of any applicant or of any person
13or persons holding or claiming to hold a license. Before
14refusing to issue, refusing to renew, or taking any
15disciplinary action under Section 110 regarding a license, the
16Department shall, at least 30 days prior to the date set for
17the hearing, notify in writing the applicant for, or holder
18of, a license of the nature of any charges and that a hearing
19will be held on a date designated. The Department shall direct
20the applicant or licensee to file a written answer with the
21Department under oath within 20 days after the service of the
22notice and inform the applicant or licensee that failure to
23file an answer shall result in default being taken against the
24applicant or licensee. At the time and place fixed in the
25notice, the Department shall proceed to hear the charges and

 

 

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1the parties or their counsel shall be accorded ample
2opportunity to present any pertinent statements, testimony,
3evidence, and arguments. The Department may continue the
4hearing from time to time. If the person, after receiving the
5notice, fails to file an answer, his or her license may, in the
6discretion of the Department, be revoked, suspended, or placed
7on probationary status or the Department may take whatever
8disciplinary action considered proper, including limiting the
9scope, nature, or extent of the person's practice under the
10Act. The written notice in the subsequent proceeding may be
11served by U.S. registered or certified mail or email to the
12licensee's address or email address of record.
13(Source: P.A. 97-778, eff. 7-13-12.)
 
14    (225 ILCS 63/145)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 145. Findings of facts, conclusions of law, and
17recommendations. At the conclusion of the hearing the hearing
18officer shall present to the Secretary a written report of its
19findings of fact, conclusions of law, and recommendations. The
20report shall contain a finding whether or not the accused
21person violated this Act or failed to comply with the
22conditions required in this Act. The hearing officer shall
23specify the nature of the violation or failure to comply and
24shall make its recommendations to the Secretary.
25    The report of findings of fact, conclusions of law, and

 

 

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1recommendations of the hearing officer shall be the basis for
2the Department's order refusing to issue, restore, or renew a
3license, or otherwise disciplining a licensee. If the
4Secretary disagrees in any regard with the report of the
5hearing officer, the Secretary may issue an order in
6contravention of the hearing officer's recommendations. The
7finding is not admissible in evidence against the person in a
8criminal prosecution brought for the violation of this Act,
9but the hearing and findings are not a bar to a criminal
10prosecution brought for the violation of this Act.
11    If the Secretary fails to issue a final order within 30
12days after the receipt of the hearing officer's findings of
13fact, conclusions of law, and recommendations, then the
14hearing officer's findings of fact, conclusions of law, and
15recommendations shall become a final order of the Department
16without further review.
17(Source: P.A. 97-778, eff. 7-13-12.)
 
18    (225 ILCS 63/150)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 150. Hearing officer. The Secretary shall have the
21authority to appoint any attorney duly licensed to practice
22law in the State of Illinois to serve as the hearing officer in
23any action for Departmental refusal to issue, renew, or
24license an applicant, or disciplinary action against a
25licensee. The hearing officer shall have full authority to

 

 

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1conduct the hearing. The hearing officer shall report his or
2her findings of fact, conclusions of law, and recommendations
3to the Secretary. If the Secretary disagrees with the
4recommendation of the hearing officer, he or she may issue an
5order in contravention of that recommendation.
6(Source: P.A. 97-778, eff. 7-13-12.)
 
7    (225 ILCS 63/190)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 190. The Department shall not be required to certify
10any record to the Court or file any answer in court or
11otherwise appear in any court in a judicial review proceeding,
12unless and until the Department receives from the plaintiff
13payment of the costs of furnishing and certifying the record,
14which costs shall be determined by the Department. Exhibits
15shall be certified without cost. Failure on the part of the
16plaintiff to file a receipt in court is grounds for dismissal
17of the action.
18(Source: P.A. 97-778, eff. 7-13-12.)
 
19    (225 ILCS 63/95 rep.)
20    Section 15. The Naprapathic Practice Act is amended by
21repealing Section 95.
 
22    Section 99. Effective date. This Section and Section 5
23take effect upon becoming law.".