Full Text of SB1225 095th General Assembly
SB1225enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.18 and by adding Section 4.28 as follows:
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| (5 ILCS 80/4.18)
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| Sec. 4.18. Acts repealed January 1, 2008 and December 31, | 8 |
| 2008.
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| (a) The following Acts
are repealed on January 1, 2008:
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| The Acupuncture Practice Act.
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| The Clinical Social Work and Social Work Practice Act.
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| The Home Medical Equipment and Services Provider | 13 |
| License Act.
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| The Nursing and Advanced Practice Nursing Act.
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| The Illinois Speech-Language Pathology and Audiology | 16 |
| Practice Act.
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| The Marriage and Family Therapy Licensing Act.
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| The Nursing Home Administrators Licensing and | 19 |
| Disciplinary Act.
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| The Pharmacy Practice Act of 1987.
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| The Physician Assistant Practice Act of 1987.
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| The Podiatric Medical Practice Act of 1987.
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| The Structural Pest Control Act.
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| (b) The following Acts are repealed on December 31, 2008: | 2 |
| The Medical Practice Act of 1987. | 3 |
| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | 5 |
| 94-1085, eff. 1-19-07; revised 1-22-07.)
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| (5 ILCS 80/4.28 new) | 7 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 8 |
| Act is repealed on January 1, 2018: | 9 |
| The Acupuncture Practice Act. | 10 |
| Section 10. The Acupuncture Practice Act is amended by | 11 |
| changing Sections 10, 20.1, 35, 60, 70, 105, 110, 120, 130, | 12 |
| 140, 155, 160, 165, 170, 175, 180, 190, and 195 as follows:
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| (225 ILCS 2/10)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10. Definitions. As used in this Act:
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| "Acupuncture" means the evaluation or treatment of persons | 17 |
| affected
through a method of stimulation of a certain point or | 18 |
| points on or immediately
below the surface of
the body by the | 19 |
| insertion of pre-sterilized, single-use, disposable needles,
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| unless medically contraindicated, with or without the | 21 |
| application of heat,
electronic stimulation, or manual | 22 |
| pressure
to prevent or modify the perception of
pain, to | 23 |
| normalize physiological functions, or for the
treatment of |
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| certain diseases or dysfunctions of the body and includes | 2 |
| activities referenced in Section 15 of this Act for which a | 3 |
| written referral is not required .
Acupuncture does not include | 4 |
| radiology, electrosurgery, chiropractic technique,
physical | 5 |
| therapy, naprapathic technique, use or prescribing of any | 6 |
| drugs,
medications, herbal preparations, nutritional | 7 |
| supplements, serums, or vaccines,
or determination of a | 8 |
| differential
diagnosis.
An acupuncturist
registered under this | 9 |
| Act who is not also licensed as a physical therapist
under
the | 10 |
| Illinois Physical Therapy Act shall not hold himself or herself | 11 |
| out as
being qualified to provide physical therapy or | 12 |
| physiotherapy services.
An
acupuncturist shall refer to a | 13 |
| licensed physician or dentist, any
patient whose condition | 14 |
| should, at the time of evaluation or treatment,
be determined | 15 |
| to be beyond the scope of practice of the acupuncturist.
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| "Acupuncturist" means a person who practices acupuncture
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| and who is licensed by the Department.
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| "Board" means the Board of Acupuncture.
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| "Dentist" means a person licensed under the Illinois Dental | 20 |
| Practice Act.
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| "Department" means the Department of Financial and
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| Professional
Regulation.
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| "Director" means the Director of Professional
Regulation.
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| "Physician" means a person licensed under the Medical | 25 |
| Practice Act of 1987.
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| "Referral by written order" for purposes of this Act means |
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| a
diagnosis, substantiated by signature of a physician or | 2 |
| dentist, identifying a
patient's condition and recommending | 3 |
| treatment by acupuncture as defined in
this Act. The diagnosis | 4 |
| shall remain in effect until changed by the physician
or | 5 |
| dentist who may, through express direction in the referral, | 6 |
| maintain management of the patient.
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| "Secretary" means the Secretary of Financial and | 8 |
| Professional Regulation.
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| "State" includes:
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| (1) the states of the United States of America;
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| (2) the District of Columbia; and
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| (3) the Commonwealth of Puerto Rico.
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| (Source: P.A. 93-999, eff. 8-23-04.)
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| (225 ILCS 2/20.1)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 20.1. Guest instructors of acupuncture ; professional | 17 |
| education . The provisions of this Act
do not prohibit an | 18 |
| acupuncturist from another state
State or country, who is not
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| licensed under this Act and who is an invited guest of a | 20 |
| professional
acupuncture association or scientific acupuncture | 21 |
| foundation or an acupuncture
training program or continuing | 22 |
| education provider that is approved by the Department under | 23 |
| this
Act, from engaging in professional education through | 24 |
| lectures, clinics, or
demonstrations , provided that the | 25 |
| acupuncturist is currently licensed in another state or |
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| country, his or her license is active and has not been | 2 |
| disciplined, and he or she is currently certified in good | 3 |
| standing as an acupuncturist by the National Certification | 4 |
| Commission for Acupuncture and Oriental Medicine . | 5 |
| Licensees under this Act may engage in professional | 6 |
| education through lectures, clinics, or demonstrations as an | 7 |
| invited guest of a professional acupuncture association or | 8 |
| scientific acupuncture foundation or an acupuncture training | 9 |
| program or continuing education provider approved by the | 10 |
| Department under this Act. The Department may, but is not | 11 |
| required to, establish rules concerning this Section.
To | 12 |
| qualify as a guest instructor of acupuncture, the
acupuncturist | 13 |
| must have been issued a guest instructor of acupuncture permit | 14 |
| by
the Department. The Department shall grant a guest | 15 |
| instructor of acupuncture
permit if the Department determines | 16 |
| that the applicant for the permit (i) is
currently certified in | 17 |
| good standing as an acupuncturist by the National
Certification | 18 |
| Commission for Acupuncture and Oriental Medicine; or (ii) has
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| sufficient training to qualify as a licensed acupuncturist in | 20 |
| Illinois. By
rule, the Department may prescribe forms that | 21 |
| shall be used to apply for guest
instructor of acupuncture | 22 |
| permits and charge an application fee to defray
expenses borne | 23 |
| by the Department in connection with implementation of this
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| amendatory Act of the 92nd General Assembly. The applicant | 25 |
| shall submit his
or her application for a guest instructor of | 26 |
| acupuncture permit to the
Department. The Department shall |
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| issue a guest instructor of acupuncture
permit, or indicate why | 2 |
| the Department has refused to issue the permit, within
60 days | 3 |
| after the application is complete and on file with the | 4 |
| Department.
The Department shall maintain a registry of guest | 5 |
| instructors of acupuncture.
A guest instructor of acupuncture | 6 |
| permit shall be valid for 12 months. The
guest instructor of | 7 |
| acupuncture may engage in the application of acupuncture
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| techniques in conjunction with the lectures, clinics, or | 9 |
| demonstrations for a
maximum of 12 months, but may not open an | 10 |
| office, appoint a place to meet
private patients, consult with | 11 |
| private patients, or otherwise engage in the
practice of | 12 |
| acupuncture beyond what is required in conjunction with these
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| lectures, clinics, or demonstrations.
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| (Source: P.A. 92-70, eff. 7-12-01.)
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| (225 ILCS 2/35)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 35. Board of Acupuncture. The Secretary
Director shall | 18 |
| appoint a Board of
Acupuncture to
consist of 7 persons who | 19 |
| shall be appointed by and shall serve in an advisory
capacity | 20 |
| to the Secretary
Director . Four members must hold an active | 21 |
| license to engage in
the practice of acupuncture in this State, | 22 |
| one member shall be a chiropractic
physician licensed under the | 23 |
| Medical Practice Act of 1987 who is actively
engaged in the | 24 |
| practice of acupuncture, one member shall be a physician
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| licensed to practice medicine in all of its branches in |
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| Illinois, and one
member must be a member of the public who is | 2 |
| not licensed under this
Act or a
similar Act of another | 3 |
| jurisdiction and who has no connection with the
profession.
The | 4 |
| initial appointees who would otherwise be required to be | 5 |
| licensed
acupuncturists shall instead be individuals who have | 6 |
| been practicing
acupuncture for at least 5 years and who are | 7 |
| eligible under this Act for
licensure as acupuncturists.
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| Members shall serve 4-year terms and until their successors | 9 |
| are appointed and
qualified , except that of the initial | 10 |
| appointments, one member shall be
appointed
to serve for 1 | 11 |
| year, 2 members shall be appointed to serve for 2 years, 2
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| members shall be appointed to serve for 3 years, and 2 members | 13 |
| shall be
appointed to serve for 4
years and until their | 14 |
| successors are appointed and qualified . No member shall
be | 15 |
| reappointed to the Board for a term that would cause his or her | 16 |
| continuous
service on the Board to be longer than 8 consecutive | 17 |
| years. Appointments to
fill vacancies shall be made in the same | 18 |
| manner as original appointments for
the unexpired portion of | 19 |
| the vacated term. Initial terms shall begin upon the
effective | 20 |
| date of this amendatory Act of 1997.
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| The Board may
shall annually elect a chairperson and a | 22 |
| vice-chairperson who shall
preside in the absence of the | 23 |
| chairperson. The membership of the Board should
reasonably | 24 |
| reflect representation from the geographic areas in this State. | 25 |
| The
Secretary
Director may terminate the appointment of any | 26 |
| member for cause.
The Secretary
Director may give due |
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| consideration to all recommendations of the Board. A
majority | 2 |
| of the Board members currently appointed shall constitute a | 3 |
| quorum. A
vacancy in the membership of the Board shall not | 4 |
| impair the right of a quorum
to exercise the right and perform | 5 |
| all the duties of the Board. Members of the
Board shall have no | 6 |
| liability in any action based upon any disciplinary
proceeding | 7 |
| or other activity performed in good faith as a member of the
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| Board.
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| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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| (225 ILCS 2/60)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 60. Exhibition of
Display of license upon request ; | 13 |
| change of
address. A
holder of a license under this Act shall
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| display the
license in a
conspicuous place in the office or | 15 |
| offices where the holder
practices acupuncture. A licensee | 16 |
| shall, whenever
requested,
exhibit his or her license to any
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| representative of the
Department
and shall notify the | 18 |
| Department of the address or addresses, and of
every change of | 19 |
| address, where the licensee practices
acupuncture.
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| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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| (225 ILCS 2/70)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 70. Renewal, reinstatement, or restoration of
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| license; continuing education; military service. The
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| expiration date and renewal period
for each license issued | 2 |
| under this Act shall be set by
rule. The
holder of a license | 3 |
| may renew that license during the
month
preceding its | 4 |
| expiration date by paying the required fee.
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| In order to renew or restore a license, applicants shall
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| provide proof of having met the
requirements of continuing | 7 |
| education set forth in the
rules of the
Department. Continuing | 8 |
| education sponsors approved by the Department may not use an | 9 |
| individual to engage in clinical demonstration, unless that | 10 |
| individual is actively licensed under this Act or licensed by | 11 |
| another state or country as set forth in Section 20.1 of this | 12 |
| Act.
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| A person who has permitted his or her license to expire or | 14 |
| who has had
his or her license on inactive status may have the | 15 |
| license restored by
submitting an application to the | 16 |
| Department, by meeting continuing education
requirements, and | 17 |
| by filing proof acceptable to the Department of fitness to
have | 18 |
| the license restored, which may include sworn evidence | 19 |
| certifying to
active practice in another jurisdiction | 20 |
| satisfactory to the Department and by
paying the required | 21 |
| restoration fee. If the person has not maintained an
active | 22 |
| practice in another jurisdiction satisfactory to the | 23 |
| Department, the
Department shall determine, by an evaluation | 24 |
| program established by rule, his
or her fitness to resume | 25 |
| active status and may require the person to complete a
period | 26 |
| of evaluated clinical experience and may require successful |
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| completion
of a practical examination.
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| Any acupuncturist whose license expired while he or she
was
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| (1) in federal service on active duty with the Armed Forces of | 4 |
| the
United States or the State Militia called into service or | 5 |
| training
or (2) in training or education under the supervision | 6 |
| of the
United States preliminary to induction into the military | 7 |
| service,
however, may have his or her registration restored | 8 |
| without paying any
lapsed renewal fees if within 2 years after | 9 |
| honorable termination
of service, training, or education, he or | 10 |
| she furnishes the
Department with satisfactory evidence that he | 11 |
| or she
has been so engaged and that his or her service, | 12 |
| training, or
education has been terminated.
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| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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| (225 ILCS 2/105)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 105. Unlicensed practice; civil penalty. A person who | 17 |
| practices,
offers to practice, attempts to practice, or holds | 18 |
| himself or herself out to
practice as
a
licensed acupuncturist | 19 |
| without being licensed under this Act shall, in addition
to any | 20 |
| other penalty provided by law, pay a civil penalty to the | 21 |
| Department in
an amount not to exceed $10,000
$5,000 for each | 22 |
| offense as determined by the
Department. The civil penalty | 23 |
| shall be assessed by the Department after a
hearing is held in | 24 |
| accordance with the provisions set forth in this Act
regarding | 25 |
| the provision of a hearing for the discipline of a licensee.
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| (Source: P.A. 90-61, eff. 7-3-97.)
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| (225 ILCS 2/110)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 110. Grounds for disciplinary action.
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| (a) The Department may refuse to issue or to renew, place | 6 |
| on probation,
suspend, revoke or take other disciplinary or | 7 |
| non-disciplinary action as deemed appropriate
including the | 8 |
| imposition of fines not to exceed $10,000
$5,000 for each
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| violation,
as the Department may deem proper,
with
regard to a | 10 |
| license for any one or combination of the
following
causes:
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| (1) Violations of the Act or its rules.
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| (2) Conviction or plea of guilty or nolo contendere of | 13 |
| any crime under the laws of the United States or any state | 14 |
| or territory thereof
U.S.
jurisdiction that is (i) a felony | 15 |
| or , (ii) a misdemeanor, an
essential element of which is | 16 |
| dishonesty or that is , or (iii) directly
related to the | 17 |
| practice of the profession.
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| (3) Making any misrepresentation for the purpose of
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| obtaining a license.
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| (4) Aiding or assisting another person in violating any
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| provision of this Act or its rules.
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| (5) Failing to provide information within 60 days in
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| response to a written request made by the Department which | 24 |
| has
been sent by certified or registered mail to the | 25 |
| licensee's
last known address.
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| (6) Discipline by another U.S. jurisdiction or foreign
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| nation, if at least one of the grounds for the discipline | 3 |
| is the same or
substantially equivalent to one set forth in | 4 |
| this Section.
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| (7) Solicitation of professional services by means | 6 |
| other
than permitted under this Act.
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| (8) Failure to provide a patient with a copy of his or
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| her record upon the written request of the patient.
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| (9) Gross negligence in the practice of acupuncture.
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| (10) Habitual or excessive use or addiction to alcohol, | 11 |
| narcotics,
stimulants, or any other chemical agent or drug | 12 |
| that results in an
acupuncturist's inability to practice | 13 |
| with reasonable judgment, skill, or
safety.
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| (11) A finding that licensure has been
applied for or
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| obtained by fraudulent means.
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| (12) A pattern of practice or other behavior that | 17 |
| demonstrates
incapacity or incompetence to practice under | 18 |
| this Act.
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| (13) Being named as a perpetrator in an indicated | 20 |
| report
by the Department of Children and Family Services | 21 |
| under the
Abused and Neglected Child Reporting Act and upon | 22 |
| proof by
clear and convincing evidence that the licensee | 23 |
| has caused a
child to be an abused child or a neglected | 24 |
| child as defined in
the Abused and Neglected Child | 25 |
| Reporting Act.
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| (14) Wilfully failing to report an instance of |
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| suspected
child abuse or neglect as required by the Abused | 2 |
| and Neglected
Child Reporting Act.
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| (15) The use of any words, abbreviations, figures or
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| letters (such as Acupuncturist, Licensed Acupuncturist,
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| Certified Acupuncturist, C.A., Act., Lic. Act., or Lic. | 6 |
| Ac.)
with the intention of indicating practice as a | 7 |
| licensed
acupuncturist without a valid license as an | 8 |
| acupuncturist
issued under this Act.
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| (16) Using testimonials or claims of superior quality | 10 |
| of care to entice
the public or advertising fee comparisons | 11 |
| of available services with those of
other persons providing | 12 |
| acupuncture services.
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| (17) Advertising of professional services that the | 14 |
| offeror of the
services is not licensed to render. | 15 |
| Advertising of professional services that
contains false, | 16 |
| fraudulent, deceptive, or misleading material or | 17 |
| guarantees of
success,
statements that play upon the vanity | 18 |
| or fears of the public, or statements that
promote or | 19 |
| produce unfair competition.
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| (18) Having treated ailments of human beings other than | 21 |
| by
the practice of
acupuncture as defined in this Act, or | 22 |
| having treated ailments of human beings
as a licensed | 23 |
| acupuncturist pursuant to a
referral by written order
that | 24 |
| provides for management of the patient by a physician or | 25 |
| dentist without having notified the
physician or dentist | 26 |
| who established the diagnosis that the patient is
receiving |
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| acupuncture treatment.
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| (19) Unethical, unauthorized, or unprofessional | 3 |
| conduct as defined by
rule.
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| (20) Physical illness ,
including but not limited to | 5 |
| deterioration through
the aging process, mental illness, | 6 |
| or other impairment
disability that results in the | 7 |
| inability
to practice the profession with reasonable | 8 |
| judgment, skill, and safety , including without limitation | 9 |
| deterioration through the aging process, mental illness, | 10 |
| or disability .
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| (21) Violation of the Health Care Worker Self-Referral | 12 |
| Act.
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| The entry of an order by a circuit court establishing that | 14 |
| any person
holding a license under this Act is subject to | 15 |
| involuntary admission or
judicial admission as provided for in | 16 |
| the Mental Health and Developmental
Disabilities Code operates | 17 |
| as an automatic suspension of that license. That
person may | 18 |
| have his or her license restored only upon the determination by | 19 |
| a
circuit court that the patient is no longer subject to | 20 |
| involuntary admission or
judicial admission and the issuance of | 21 |
| an order so finding and discharging the
patient and upon the | 22 |
| Board's recommendation to the Department that the license
be | 23 |
| restored. Where the circumstances so indicate, the Board may | 24 |
| recommend to
the Department that it require an examination | 25 |
| prior to restoring a suspended
license.
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| The Department may refuse to issue or renew the license
of |
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| any person
who
fails to (i) file a return or to pay the tax,
| 2 |
| penalty or interest shown in a filed return or (ii) pay any | 3 |
| final
assessment of the tax, penalty, or interest as required | 4 |
| by any tax
Act administered by the Illinois Department of | 5 |
| Revenue, until the
time that the requirements of that tax Act | 6 |
| are satisfied.
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| In enforcing this Section, the Department or Board upon a | 8 |
| showing of
a
possible
violation may compel an individual | 9 |
| licensed to practice under this Act, or
who has applied for | 10 |
| licensure under this Act, to submit
to a mental or physical | 11 |
| examination, or both, as required by and at the expense
of the | 12 |
| Department. The Department or Board may order the examining | 13 |
| physician to
present
testimony concerning the mental or | 14 |
| physical examination of the licensee or
applicant. No | 15 |
| information shall be excluded by reason of any common law or
| 16 |
| statutory privilege relating to communications between the | 17 |
| licensee or
applicant and the examining physician. The | 18 |
| examining
physicians
shall be specifically designated by the | 19 |
| Board or Department.
The individual to be examined may have, at | 20 |
| his or her own expense, another
physician of his or her choice | 21 |
| present during all
aspects of this examination. Failure of an | 22 |
| individual to submit to a mental
or
physical examination, when | 23 |
| directed, shall be grounds for suspension of his or
her
license | 24 |
| until the individual submits to the examination if the | 25 |
| Department
finds,
after notice and hearing, that the refusal to | 26 |
| submit to the examination was
without reasonable cause.
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| If the Department or Board finds an individual unable to | 2 |
| practice because of
the
reasons
set forth in this Section, the | 3 |
| Department or Board may require that individual
to submit
to
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| care, counseling, or treatment by physicians approved
or | 5 |
| designated by the Department or Board, as a condition, term, or | 6 |
| restriction
for continued,
reinstated, or
renewed licensure to | 7 |
| practice; or, in lieu of care, counseling, or treatment,
the | 8 |
| Department may file, or
the Board may recommend to the | 9 |
| Department to file, a complaint to immediately
suspend, revoke, | 10 |
| or otherwise discipline the license of the individual.
An | 11 |
| individual whose
license was granted, continued, reinstated, | 12 |
| renewed, disciplined or supervised
subject to such terms, | 13 |
| conditions, or restrictions, and who fails to comply
with
such | 14 |
| terms, conditions, or restrictions, shall be referred to the | 15 |
| Secretary
Director for
a
determination as to whether the | 16 |
| individual shall have his or her license
suspended immediately, | 17 |
| pending a hearing by the Department.
| 18 |
| In instances in which the Secretary
Director immediately | 19 |
| suspends a person's license
under this Section, a hearing on | 20 |
| that person's license must be convened by
the Department within | 21 |
| 30
15 days after the suspension and completed without
| 22 |
| appreciable
delay.
The Department and Board shall have the | 23 |
| authority to review the subject
individual's record of
| 24 |
| treatment and counseling regarding the impairment to the extent | 25 |
| permitted by
applicable federal statutes and regulations | 26 |
| safeguarding the confidentiality of
medical records.
|
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SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| An individual licensed under this Act and affected under | 2 |
| this Section shall
be
afforded an opportunity to demonstrate to | 3 |
| the Department or Board that he or
she can resume
practice in | 4 |
| compliance with acceptable and prevailing standards under the
| 5 |
| provisions of his or her license.
| 6 |
| (Source: P.A. 93-999, eff. 8-23-04.)
| 7 |
| (225 ILCS 2/120)
| 8 |
| (Section scheduled to be repealed on January 1, 2008)
| 9 |
| Sec. 120. Checks or orders to Department dishonored because
| 10 |
| of insufficient funds. Any person who issues or delivers a | 11 |
| check
or other order to the Department that is not honored on 2 | 12 |
| occasions
by the financial institution upon which it is drawn | 13 |
| because of
insufficient funds on account, the account is | 14 |
| closed, or a stop
payment has been placed on the check or order | 15 |
| shall pay to the
Department, in addition to the amount owing | 16 |
| upon the check or other
order, a fee of $50. If the check or | 17 |
| other order was issued or
delivered in payment of a renewal or | 18 |
| issuance fee and the person
whose registration has lapsed | 19 |
| continues to practice acupuncture without
paying the renewal or | 20 |
| issuance fee and the required $50 fee under
this Section, an | 21 |
| additional fee of $100 shall be imposed. The fees
imposed by | 22 |
| this Section are in addition to any other disciplinary
| 23 |
| provision under this Act prohibiting practice on an expired or
| 24 |
| non-renewed registration. The Department
shall mail a | 25 |
| registration renewal form to each registrant 60 days before the
|
|
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SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| expiration of the registrant's current registration.
The | 2 |
| Department shall notify a person whose
registration has lapsed, | 3 |
| within 30 days after the discovery of the
lapse, that the | 4 |
| individual is engaged in the unauthorized practice
of | 5 |
| acupuncture and of the amount due to the Department which shall
| 6 |
| include the lapsed renewal fee and all other fees required by | 7 |
| this
Section. If after the expiration of 30 days from the date | 8 |
| of the
notification a person whose registration has lapsed | 9 |
| seeks a current
registration, he or she shall thereafter apply | 10 |
| to the Department for
restoration of the registration and pay | 11 |
| all fees due to the Department.
The Department may establish a | 12 |
| fee for the processing of an
application for restoration of a | 13 |
| registration that allows the Department
to pay all costs and | 14 |
| expenses incident to the processing of this
application. The | 15 |
| Secretary
Director may waive the fees due under this
Section in | 16 |
| individual cases where he or she finds that the fees
would be | 17 |
| unreasonably or unnecessarily burdensome.
| 18 |
| (Source: P.A. 89-706, eff. 1-31-97.)
| 19 |
| (225 ILCS 2/130)
| 20 |
| (Section scheduled to be repealed on January 1, 2008)
| 21 |
| Sec. 130. Injunctions; criminal offenses; cease and desist
| 22 |
| order.
| 23 |
| (a) If any person violates the provisions of this Act, the | 24 |
| Secretary
Director may, in the name of the People of the State | 25 |
| of Illinois,
through the Attorney General of the State of |
|
|
|
SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| Illinois or the
State's Attorney for any county in which the | 2 |
| action is brought,
petition for an order enjoining the | 3 |
| violation or for an order
enforcing compliance with this Act. | 4 |
| Upon the filing of a verified
petition in court, the court may | 5 |
| issue a temporary restraining
order, without notice or | 6 |
| condition, and may preliminarily and
permanently enjoin the | 7 |
| violation. If it is established that the
person has violated or | 8 |
| is violating the injunction, the Court may
punish the offender | 9 |
| for contempt of court. Proceedings under this
Section shall be | 10 |
| in addition to, and not in lieu of, all other
remedies and | 11 |
| penalties provided by this Act.
| 12 |
| (b) Whenever in the opinion of the Department a person | 13 |
| violates a
provision of this Act, the Department may issue a | 14 |
| rule to show cause why an
order to cease and desist should not | 15 |
| be entered against that person. The rule
shall clearly set | 16 |
| forth the grounds relied upon by the Department and shall
allow | 17 |
| at least 7 days from the date of the rule to file an answer to | 18 |
| the
satisfaction of the Department. Failure to answer to the | 19 |
| satisfaction of the
Department shall cause an order to cease | 20 |
| and desist to be issued immediately.
| 21 |
| (c) Other than as provided in Section 20 of this Act, if | 22 |
| any
person practices as an acupuncturist or holds himself or | 23 |
| herself
out as a licensed acupuncturist under this Act without | 24 |
| being
issued
a valid existing license by the Department, then | 25 |
| any
licensed
acupuncturist, any interested party, or any person | 26 |
| injured thereby
may, in addition to the Secretary
Director , |
|
|
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SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| petition for relief as provided
in subsection (a) of this | 2 |
| Section.
| 3 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 4 |
| (225 ILCS 2/140)
| 5 |
| (Section scheduled to be repealed on January 1, 2008)
| 6 |
| Sec. 140. Investigation; notice; hearing. Licenses may be | 7 |
| refused,
revoked, suspended,
or otherwise disciplined in the | 8 |
| manner provided by this Act and not otherwise.
The Department | 9 |
| may upon its own motion or
and shall upon the verified
| 10 |
| complaint
in
writing of any person setting forth facts that if | 11 |
| proven would constitute
grounds for refusal to issue or renew
| 12 |
| or for suspension ,
or revocation , or other disciplinary action
| 13 |
| under this Act,
investigate
the
actions of a person applying | 14 |
| for, holding, or claiming to hold a license. The
Department | 15 |
| shall, before refusing to issue or renew, suspending, or
| 16 |
| revoking , or taking other disciplinary action regarding a
| 17 |
| license or taking other discipline pursuant to Section 110 of | 18 |
| this Act, and at
least 30 days prior to the date set for the | 19 |
| hearing, notify in writing the
applicant or licensee of any | 20 |
| charges made, shall afford
the applicant or licensee an | 21 |
| opportunity to be heard in person or by counsel in
reference to | 22 |
| the charges, and direct the applicant or licensee to file a
| 23 |
| written
answer to the Department under oath within 20 days | 24 |
| after the service of the
notice and inform the applicant or | 25 |
| licensee that failure to file an answer will
result in default |
|
|
|
SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| being taken against the applicant or licensee and that the
| 2 |
| license may be suspended, revoked, placed on probationary | 3 |
| status, or other
disciplinary action may be
taken, including | 4 |
| limiting the scope, nature, or extent of practice, as the
| 5 |
| Secretary
Director may deem proper. Written notice may be | 6 |
| served by personal delivery
to the applicant or licensee or by | 7 |
| mailing the notice by certified mail to
his or her last known | 8 |
| place of residence or to the place of business last
specified | 9 |
| by the applicant or licensee in his or her last notification
to
| 10 |
| the Department. If the person fails to file an answer after | 11 |
| receiving
notice, his or her license may, in the discretion of | 12 |
| the Department, be
suspended, revoked, or placed on | 13 |
| probationary status or the Department may take
whatever | 14 |
| disciplinary action deemed proper, including limiting the | 15 |
| scope,
nature, or extent of the person's practice or the | 16 |
| imposition of a fine, without
a hearing, if the act or acts | 17 |
| charged constitute sufficient grounds for such
action under | 18 |
| this Act. At the time and place fixed in the notice, the
| 19 |
| Department shall proceed to hearing of the charges and both the | 20 |
| applicant or
licensee
and the complainant shall be afforded | 21 |
| ample opportunity to present, in person
or by counsel, any | 22 |
| statements, testimony, evidence, and arguments that may be
| 23 |
| pertinent to the charges or to their defense. The Department | 24 |
| may continue a
hearing from time to time.
If the Board is not | 25 |
| sitting at the time and place fixed in the notice or
at the | 26 |
| time and place to which the hearing shall have been continued, |
|
|
|
SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| the
Department may continue the hearing for a period not to | 2 |
| exceed 30 days.
| 3 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 4 |
| (225 ILCS 2/155)
| 5 |
| (Section scheduled to be repealed on January 1, 2008)
| 6 |
| Sec. 155. Subpoena; oaths. The Department shall have power
| 7 |
| to subpoena and bring before it any person in this State and to
| 8 |
| take testimony either orally or by deposition or both with the | 9 |
| same
fees and mileage and in the same manner as prescribed by | 10 |
| law in
judicial proceedings in civil cases in circuit courts of | 11 |
| this
State.
The Department shall also have the power to | 12 |
| subpoena the production of
documents, papers, files, books, and | 13 |
| records in connection with a hearing or
investigation.
| 14 |
| The Secretary
Director and the hearing officer
designated | 15 |
| by the Secretary
Director shall each have power to
administer | 16 |
| oaths to witnesses at any hearing that the Department is
| 17 |
| authorized to conduct under this Act and any other oaths | 18 |
| required
or authorized to be administered by the Department | 19 |
| under this Act.
| 20 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 21 |
| (225 ILCS 2/160)
| 22 |
| (Section scheduled to be repealed on January 1, 2008)
| 23 |
| Sec. 160. Findings of facts, conclusions of law, and
| 24 |
| recommendations. At the conclusion of the hearing, the Board
|
|
|
|
SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| hearing officer
shall present to the Secretary
Director a | 2 |
| written report of its findings of
fact, conclusions of law, and | 3 |
| recommendations. The report shall
contain a finding whether or | 4 |
| not the accused person violated this
Act or failed to comply | 5 |
| with the conditions required in this Act.
The Board
hearing | 6 |
| officer shall specify the nature of the violation or failure
to | 7 |
| comply and shall make its
his or her recommendations to the | 8 |
| Secretary
Director .
| 9 |
| The report of findings of fact, conclusions of law, and
| 10 |
| recommendations of the Board
hearing officer may be the basis | 11 |
| of the
order of
the Department. If the Secretary
Director
| 12 |
| disagrees in any regard with the
report of the Board
hearing | 13 |
| officer , the Secretary may
Director shall issue an order in
| 14 |
| contravention of the report. The Secretary
Within 60 days after | 15 |
| taking that
action the Director shall provide notice
a written | 16 |
| report to the Board
hearing officer
on any deviation and shall | 17 |
| specify with particularity the reasons
for the deviation
action | 18 |
| in the final order . The finding is not admissible
in evidence | 19 |
| against the person in a criminal prosecution brought
for the | 20 |
| violation of this Act, but the hearing and findings are not
a | 21 |
| bar to a criminal prosecution brought for the violation of this
| 22 |
| Act.
| 23 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 24 |
| (225 ILCS 2/165)
| 25 |
| (Section scheduled to be repealed on January 1, 2008)
|
|
|
|
SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| Sec. 165. Hearing officer. The Secretary
Director shall | 2 |
| have the authority to
appoint any attorney duly licensed to | 3 |
| practice law in the State of
Illinois to serve as the hearing | 4 |
| officer in any action for
discipline of a license.
The hearing | 5 |
| officer shall have full authority to conduct the hearing.
The | 6 |
| hearing officer shall report his or her findings of fact, | 7 |
| conclusions of
law, and recommendations to the Board and the | 8 |
| Secretary
Director . The Board shall have
60 days after receipt | 9 |
| of the report to review the report of the hearing officer
and | 10 |
| to present its findings of fact, conclusions of law, and | 11 |
| recommendations to
the Secretary
Director .
| 12 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 13 |
| (225 ILCS 2/170)
| 14 |
| (Section scheduled to be repealed on January 1, 2008)
| 15 |
| Sec. 170. Service of report; rehearing; order. In any case
| 16 |
| involving the discipline of a license, a copy of the
hearing | 17 |
| officer's report shall be served upon the respondent by the | 18 |
| Department,
either personally or as provided in this Act for | 19 |
| the service of the
notice of hearing. Within 20 days after the | 20 |
| service, the
respondent may present to the Department a motion | 21 |
| in writing for a
rehearing that shall specify the particular | 22 |
| grounds for rehearing.
If no motion for rehearing is filed, | 23 |
| then upon the expiration of
the time specified for filing a | 24 |
| motion, or if a motion for
rehearing is denied, then upon the | 25 |
| denial the Secretary
Director may enter an
order in accordance |
|
|
|
SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| with this Act. If the respondent orders from
the reporting | 2 |
| office and pays for a transcript of the record within
the time | 3 |
| for filing a motion for rehearing, the 20 day period
within | 4 |
| which the motion may be filed shall commence upon the
delivery | 5 |
| of the transcript to the respondent.
| 6 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 7 |
| (225 ILCS 2/175)
| 8 |
| (Section scheduled to be repealed on January 1, 2008)
| 9 |
| Sec. 175. Substantial justice to be done; rehearing.
| 10 |
| Whenever the Secretary
Director is satisfied that substantial | 11 |
| justice has not
been done in the discipline of a license,
the | 12 |
| Secretary
Director may order a rehearing by the same or
another | 13 |
| hearing officer.
| 14 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 15 |
| (225 ILCS 2/180)
| 16 |
| (Section scheduled to be repealed on January 1, 2008)
| 17 |
| Sec. 180. Order or certified copy as prima facie proof. An
| 18 |
| order or a certified copy thereof, over the seal of the | 19 |
| Department
and purporting to be signed by the Secretary
| 20 |
| Director , shall be prima facie
proof:
| 21 |
| (1) that the signature is the genuine signature of the
| 22 |
| Secretary
Director ;
| 23 |
| (2) that such Secretary
Director is duly appointed and | 24 |
| qualified; and
|
|
|
|
SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| (3) that the Board and its members are qualified to | 2 |
| act.
| 3 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 4 |
| (225 ILCS 2/190)
| 5 |
| (Section scheduled to be repealed on January 1, 2008)
| 6 |
| Sec. 190. Surrender of registration. Upon the revocation
or | 7 |
| suspension of any registration, the registrant shall | 8 |
| immediately surrender
the registration certificate to the | 9 |
| Department. If the registrant fails to do
so, the
Department | 10 |
| shall have the right to seize the registration certificate.
| 11 |
| (Source: P.A. 89-706, eff. 1-31-97.)
| 12 |
| (225 ILCS 2/195)
| 13 |
| (Section scheduled to be repealed on January 1, 2008)
| 14 |
| Sec. 195. Imminent danger to public; temporary suspension.
| 15 |
| The Secretary
Director may temporarily suspend the license of | 16 |
| an
acupuncturist without a hearing, simultaneously with the
| 17 |
| institution of proceedings for a hearing provided for in | 18 |
| Section 140
of this Act, if the Secretary
Director finds that | 19 |
| evidence in his or her
possession indicates that continuation | 20 |
| in practice would constitute
an imminent danger to the public. | 21 |
| In the event that the Secretary
Director
temporarily suspends a | 22 |
| license without a hearing, a
hearing by the
Department must be | 23 |
| held within 30 days after the suspension has
occurred and be | 24 |
| concluded without appreciable delay.
|
|
|
|
SB1225 Enrolled |
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LRB095 08221 RAS 28391 b |
|
| 1 |
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
|
|