Full Text of HB4665 102nd General Assembly
HB4665enr 102ND GENERAL ASSEMBLY |
| | HB4665 Enrolled | | LRB102 23904 SPS 33102 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing 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 Acts repealed on January 1,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 | 8 | | Acts 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repealed on January 1, 2023: | 9 | | The Dietitian Nutritionist Practice Act.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 | 12 | | of 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 | 17 | | Counselor
Licensing and Practice Act. | 18 | | The Wholesale Drug Distribution Licensing Act. | 19 | | (Source: P.A. 101-621, eff. 12-20-19.) | 20 | | (5 ILCS 80/4.38) | 21 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 22 | | Acts are repealed on January 1, 2028: |
| | | HB4665 Enrolled | - 2 - | LRB102 23904 SPS 33102 b |
|
| 1 | | The Acupuncture Practice Act. | 2 | | The Clinical Social Work and Social Work Practice Act. | 3 | | The Dietitian Nutritionist Practice Act. | 4 | | The Home Medical Equipment and Services Provider License | 5 | | Act. | 6 | | The Illinois Petroleum Education and Marketing Act. | 7 | | The Illinois Speech-Language Pathology and Audiology | 8 | | Practice Act. | 9 | | The Interpreter for the Deaf Licensure Act of 2007. | 10 | | The Nurse Practice Act. | 11 | | The Nursing Home Administrators Licensing and Disciplinary | 12 | | Act. | 13 | | The Physician Assistant Practice Act of 1987. | 14 | | The Podiatric Medical Practice Act of 1987.
| 15 | | (Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; | 16 | | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | 17 | | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; | 18 | | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) | 19 | | Section 10. The Dietitian Nutritionist Practice Act is | 20 | | amended by changing Sections 5, 10, 15, 15.5, 17, 20, 30, 35, | 21 | | 40, 45, 70, 75, 80, 100, 105, 110, 125, 140, 165, and 175 and | 22 | | by adding Sections 12 and 76 as follows:
| 23 | | (225 ILCS 30/5) (from Ch. 111, par. 8401-5)
| 24 | | (Section scheduled to be repealed on January 1, 2023)
|
| | | HB4665 Enrolled | - 3 - | LRB102 23904 SPS 33102 b |
|
| 1 | | Sec. 5. Purpose. The practice of dietetics and nutrition , | 2 | | including the provision of medical nutrition therapy, services | 3 | | in the
State of Illinois is hereby declared to affect the | 4 | | public health, safety,
and welfare and to be subject to | 5 | | regulation and control in the public
interest. It is further | 6 | | declared that the practice of dietetics and
nutrition services | 7 | | plays an important part in the attainment and
maintenance of | 8 | | health and that it is in the public's best interest that
| 9 | | persons who present themselves as providers of nutrition care | 10 | | services in these areas meet
specific requirements and | 11 | | qualifications. This Act shall be liberally
construed to best | 12 | | carry out these objectives and purposes.
| 13 | | (Source: P.A. 87-784 .)
| 14 | | (225 ILCS 30/10) (from Ch. 111, par. 8401-10)
| 15 | | (Section scheduled to be repealed on January 1, 2023)
| 16 | | Sec. 10. Definitions. As used in this Act:
| 17 | | "Accreditation Council for Education in Nutrition and | 18 | | Dietetics" means the autonomous accrediting agency for | 19 | | education programs that prepares students to begin careers as | 20 | | registered dietitian nutritionists or registered nutrition and | 21 | | dietetics technicians. | 22 | | "Address of record" means the designated address recorded | 23 | | by the Department in the applicant's or licensee's application
| 24 | | file or license file as maintained by the Department's | 25 | | licensure maintenance unit. It is the duty of the applicant or
|
| | | HB4665 Enrolled | - 4 - | LRB102 23904 SPS 33102 b |
|
| 1 | | licensee to inform the Department of any change of address and | 2 | | those changes must be made either through the Department's | 3 | | website or by contacting the Department. | 4 | | "Board" means the Dietitian Nutritionist Practice Board
| 5 | | appointed by the Secretary.
| 6 | | "Board for Certification of Nutrition Specialists" means | 7 | | the certifying board that credentials certified nutrition | 8 | | specialists. | 9 | | "Certified clinical nutritionist" means an individual | 10 | | certified by the Clinical Nutrition Certification Board. | 11 | | "Certified nutrition specialist" means an individual | 12 | | credentialed certified by the Certification Board for | 13 | | Certification of Nutrition Specialists that authorizes the | 14 | | individual to use the title "certified nutrition specialist" | 15 | | and the abbreviation "C.N.S." . | 16 | | "Commission on Dietetic Registration" means the | 17 | | credentialing agency for the Academy of Nutrition and | 18 | | Dietetics. | 19 | | "Department" means the Department of Financial and | 20 | | Professional Regulation.
| 21 | | "Dietetics and nutrition services " means the integration , | 22 | | and application , and communication of practice principles | 23 | | derived from the sciences of food , and nutrition , social, | 24 | | business, and basic sciences to achieve and maintain the | 25 | | optimal provide for all aspects of nutrition status of care | 26 | | for individuals and groups . , including, but not limited to: |
| | | HB4665 Enrolled | - 5 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (1) nutrition counseling; "nutrition counseling" means | 2 | | advising and assisting individuals or groups on | 3 | | appropriate nutrition intake by integrating information | 4 | | from the nutrition assessment; | 5 | | (2) nutrition assessment; "nutrition assessment" means | 6 | | the evaluation of the nutrition needs of individuals or | 7 | | groups using appropriate data to determine nutrient needs | 8 | | or status and make appropriate nutrition recommendations; | 9 | | (3) medically prescribed diet; "medically prescribed | 10 | | diet" is one form of medical nutrition therapy and means a | 11 | | diet prescribed when specific food or nutrient levels need | 12 | | to be monitored, altered, or both as a component of a | 13 | | treatment program for an individual whose health status is | 14 | | impaired or at risk due to disease, injury, or surgery and | 15 | | may only be performed as initiated by or in consultation | 16 | | with a physician licensed under the Medical Practice Act | 17 | | of 1987 acting within the scope of his or her practice, | 18 | | except that a medically prescribed diet for a resident of | 19 | | a nursing home shall only be performed as initiated by or | 20 | | in consultation with a physician licensed to practice | 21 | | medicine in all of its branches; | 22 | | (4) medical nutrition therapy; "medical nutrition
| 23 | | therapy" means the component of nutrition care that deals | 24 | | with the systematic use of food and oral supplementation, | 25 | | based on the nutrition assessment and individual health | 26 | | status and need to manage health conditions; |
| | | HB4665 Enrolled | - 6 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (5) nutrition services for individuals and groups; | 2 | | "nutrition services for individuals and groups" includes, | 3 | | but is not limited to, all of the following: | 4 | | (A) providing nutrition assessments relative to | 5 | | preventive maintenance or restorative care; | 6 | | (B) providing nutrition education and nutrition | 7 | | counseling as components of preventive maintenance or | 8 | | restorative care; and | 9 | | (C) developing and managing systems whose chief | 10 | | function is nutrition care; nutrition services for | 11 | | individuals and groups does not include medical | 12 | | nutrition therapy as defined in this Act; and | 13 | | (6) restorative; "restorative" means the component of | 14 | | nutrition care that deals with oral dietary needs for | 15 | | individuals and groups; activities shall relate to the | 16 | | metabolism of food and the requirements for nutrients, | 17 | | including dietary supplements for growth, development, | 18 | | maintenance, or attainment of optimal health.
| 19 | | "Diplomate of the American Clinical Board of Nutrition" | 20 | | means an individual credentialed certified by the American | 21 | | Clinical Board of Nutrition who is authorized to use the title | 22 | | "Diplomate of the American Clinical Board of Nutrition" and | 23 | | the abbreviation "DACBN" .
| 24 | | "Email address of record" means the designated email | 25 | | address recorded by the Department in the applicant's | 26 | | application file or the licensee's license file, as maintained |
| | | HB4665 Enrolled | - 7 - | LRB102 23904 SPS 33102 b |
|
| 1 | | by the Department's licensure maintenance unit. | 2 | | "General nonmedical nutrition information" includes, but | 3 | | is not limited to, information on any of the following: | 4 | | (1) principles of good nutrition and food preparation; | 5 | | (2) essential nutrients needed by the human body; | 6 | | (3) actions of nutrients in the human body; | 7 | | (4) nonindividualized effects of deficiencies or | 8 | | excesses of nutrients in the human body; | 9 | | (5) foods, herbs, and dietary supplements that are | 10 | | good sources of essential nutrients in the human body or | 11 | | otherwise useful to maintain good health; or | 12 | | (6) principles of self-care and healthy relationships | 13 | | with food. | 14 | | "Health care professional" means a physician licensed | 15 | | under the Medical Practice Act of 1987, an advanced practice | 16 | | registered nurse licensed under the Nurse Practice Act, or a | 17 | | physician assistant licensed under the Physician Assistant | 18 | | Practice Act of 1987. | 19 | | "Independent private practice of medical nutrition | 20 | | therapy" means the application of dietetics and nutrition | 21 | | knowledge and skills by an individual who regulates and is | 22 | | responsible for the nutritionist's own practice or treatment | 23 | | procedures. | 24 | | "Licensed dietitian nutritionist" means a person licensed | 25 | | under this Act to
practice dietetics and nutrition , including | 26 | | the provision of medical nutrition therapy services , as |
| | | HB4665 Enrolled | - 8 - | LRB102 23904 SPS 33102 b |
|
| 1 | | defined in this Section.
Activities of a licensed dietitian | 2 | | nutritionist do not include performing the medical
| 3 | | differential diagnosis of human ailments or conditions the | 4 | | health status of an individual.
| 5 | | "Medical nutrition therapy" means nutrition care services | 6 | | provided for the treatment or management of a disease or | 7 | | medical condition. "Medical nutrition therapy" includes the | 8 | | provision of any part or all of the following services, with | 9 | | notification to the patient's physician and appropriate record | 10 | | retention, or pursuant to the protocols, policies, or | 11 | | procedures of a health care facility, as defined in Section 3 | 12 | | of the Illinois Health Facilities Planning Act: | 13 | | (1) interpreting anthropometric, biochemical, | 14 | | clinical, and dietary data in acute and chronic disease | 15 | | states and recommending and ordering nutrient needs based | 16 | | on the dietary data, including, but not limited to, | 17 | | enteral and parenteral nutrition; | 18 | | (2) food and nutrition counseling, including | 19 | | counseling regarding prescription drug interactions; | 20 | | (3) developing and managing food service operations | 21 | | with functions in nutrition care, including operations | 22 | | connected with healthcare facilities, implicated in the | 23 | | ordering, preparation, or serving of therapeutic diets, or | 24 | | otherwise utilized in the management or treatment of | 25 | | disease or medical conditions; and | 26 | | (4) medical weight control. |
| | | HB4665 Enrolled | - 9 - | LRB102 23904 SPS 33102 b |
|
| 1 | | "Medical weight control" means medical nutrition therapy | 2 | | for the purpose of reducing, maintaining, or gaining weight. | 3 | | "Nonmedical weight control" means nutrition care services | 4 | | for the purpose of reducing, maintaining, or gaining weight | 5 | | that do not constitute the treatment of a disease or medical | 6 | | condition. "Nonmedical weight control" includes weight control | 7 | | services for healthy population groups to achieve or maintain | 8 | | a healthy weight. | 9 | | "Nutrition assessment" means the systematic process of | 10 | | obtaining, verifying, and interpreting biochemical, | 11 | | anthropometric, physical, nutrigenomic, and dietary data in | 12 | | order to make decisions about the nature and cause of | 13 | | nutrition-related problems, including an ongoing, dynamic | 14 | | process that: (i) involves an initial data collection and a | 15 | | reassessment and analysis of client or community needs; and | 16 | | (ii) provides the foundation for identifying and labeling | 17 | | problems and making nutritional recommendations and ordering | 18 | | nutritional interventions, including enteral and parenteral | 19 | | nutrition. | 20 | | "Nutrition care services" means any part of the following | 21 | | services provided within a systematic process: | 22 | | (1) assessing and evaluating the nutritional needs of | 23 | | individuals and groups and determining resources and | 24 | | constraints in the practice setting; | 25 | | (2) ordering nutrition-related laboratory tests in | 26 | | accordance with State law to check and track nutrition |
| | | HB4665 Enrolled | - 10 - | LRB102 23904 SPS 33102 b |
|
| 1 | | status and monitor effectiveness of nutrition | 2 | | interventions, dietary plans, and orders; | 3 | | (3) establishing priorities, goals, and objectives | 4 | | that meet an individual's nutritional needs and are | 5 | | consistent with available resources and constraints; | 6 | | (4) providing nutrition counseling in health and | 7 | | disease; | 8 | | (5) developing, implementing, and managing nutrition | 9 | | care systems and food service operations; | 10 | | (6) evaluating, making changes in, and maintaining | 11 | | appropriate standards of quality in food and nutrition | 12 | | services; and | 13 | | (7) recommending, ordering, and providing therapeutic | 14 | | diets. | 15 | | "Nutrition counseling" means a supportive process, | 16 | | characterized by a collaborative counselor-patient or | 17 | | counselor-client relationship with individuals or groups, to | 18 | | establish food and nutrition priorities, goals, and | 19 | | individualized action plans and general physical activity | 20 | | guidance that acknowledge and foster responsibility for | 21 | | self-care to treat an existing condition or to promote health. | 22 | | "Nutrition intervention" means the purposefully planned | 23 | | actions and counseling intended to positively change a | 24 | | nutrition-related behavior, risk factor, environmental | 25 | | condition, or aspect of the health status for an individual, | 26 | | target groups, or the community at large. |
| | | HB4665 Enrolled | - 11 - | LRB102 23904 SPS 33102 b |
|
| 1 | | "Nutrition monitoring and evaluation" means identifying | 2 | | patient or client outcomes relevant to the patient's or | 3 | | client's identified and labeled nutritional problems and | 4 | | comparing the outcomes with the patient's or client's previous | 5 | | health status, intervention goals, or reference standards to | 6 | | determine the progress made in achieving desired outcomes of | 7 | | nutrition care and whether planned nutrition interventions | 8 | | should be continued or revised. | 9 | | "Patient" means an individual recipient of medical | 10 | | nutrition therapy, whether in the outpatient, inpatient, or | 11 | | nonclinical setting. | 12 | | "Practice experience" means a preprofessional, documented, | 13 | | supervised
experience obtained by a supervisee in the practice | 14 | | of in dietetics and or nutrition and the provision of medical | 15 | | nutrition therapy services that is acceptable to the
| 16 | | Department as in compliance with requirements for licensure, | 17 | | as specified in Section
45. It includes a planned, continuous, | 18 | | and may be or may include a documented, supervised
practice | 19 | | experience obtained under the supervision of a qualified | 20 | | supervisor, as defined in this Section, which is a component | 21 | | of the educational requirements
for licensure, as specified in | 22 | | Section 45.
| 23 | | "Qualified supervisor" means: | 24 | | (1) When supervising the provision of medical | 25 | | nutrition therapy by a supervisee, an individual who is: | 26 | | (A) a registered dietitian nutritionist or a |
| | | HB4665 Enrolled | - 12 - | LRB102 23904 SPS 33102 b |
|
| 1 | | certified nutrition specialist; | 2 | | (B) a licensed dietitian nutritionist licensed | 3 | | pursuant to this Act; or | 4 | | (C) a health care professional licensed under the | 5 | | laws of the State, including a licensed or certified | 6 | | dietitian nutritionist, who acts under the licensed | 7 | | scope of practice. | 8 | | (2) When supervising the provision of nutrition care | 9 | | services not constituting medical nutrition therapy by a | 10 | | supervisee, an individual who either meets the | 11 | | requirements of paragraph (1) or all of the following | 12 | | requirements: | 13 | | (A) has been regularly employed or self-employed | 14 | | in the field of clinical nutrition for at least 3 of | 15 | | the last 5 years immediately preceding commencement of | 16 | | the applicant's supervised practice experience; and | 17 | | (B) holds a doctoral degree with a major course of | 18 | | study in dietetics, human nutrition, foods and | 19 | | nutrition, community nutrition, public health | 20 | | nutrition, nutrition education, nutrition, nutrition | 21 | | science, clinical nutrition, applied clinical | 22 | | nutrition, nutrition counseling, nutrition and | 23 | | functional medicine, nutritional biochemistry, | 24 | | nutrition and integrative health, or an equivalent | 25 | | course of study as recommended by the Board and | 26 | | approved by the Department conferred by either: |
| | | HB4665 Enrolled | - 13 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (i) a United States regionally accredited | 2 | | college or university accredited at the time of | 3 | | graduation from the appropriate regional | 4 | | accrediting agency recognized by the Council on | 5 | | Higher Education Accreditation and the United | 6 | | States Department of Education; or | 7 | | (ii) an institution outside the United States | 8 | | and its territories with the supervisor's doctoral | 9 | | degree validated as equivalent to the doctoral | 10 | | degree conferred by a United States regionally | 11 | | accredited college or university as recommended by | 12 | | the Board and approved by the Department. | 13 | | A "qualified supervisor" under paragraph (1) shall be | 14 | | licensed in the State if supervising a supervisee providing | 15 | | medical nutrition therapy to an individual in the State. | 16 | | "Registered dietitian" or "registered dietitian | 17 | | nutritionist" means an individual who is credentialed as a | 18 | | registered dietitian or registered dietitian nutritionist by | 19 | | registered with the Commission
on Dietetic Registration, the | 20 | | accrediting body of the Academy of Nutrition and Dietetics , or | 21 | | its successor organization, and is authorized to use the | 22 | | titles "registered dietitian nutritionist" and "registered | 23 | | dietitian" and the corresponding abbreviations "RDN" and "RD" | 24 | | , formerly known as the American
Dietetic
Association .
| 25 | | "Secretary" means the Secretary of Financial and | 26 | | Professional Regulation or a person authorized by the |
| | | HB4665 Enrolled | - 14 - | LRB102 23904 SPS 33102 b |
|
| 1 | | Secretary to act in the Secretary's stead . | 2 | | "Telehealth" or "telepractice" "Telepractice" means the | 3 | | delivery of services under this Act by using electronic | 4 | | communication, information technologies, or other means | 5 | | between an individual licensed under this Act in one location | 6 | | and a patient or client in another location, with or without an | 7 | | intervening healthcare provider. "Telehealth" or | 8 | | "telepractice" includes direct, interactive patient | 9 | | encounters, asynchronous store-and-forward technologies, and | 10 | | remote monitoring by means other than in-person, including, | 11 | | but not limited to, telephone, email, Internet, or other | 12 | | methods of electronic communication . Telehealth or | 13 | | telepractice Telepractice is not prohibited under this Act | 14 | | provided that the provision of telehealth or telepractice | 15 | | services is appropriate for the client and the level of care | 16 | | provided meets the required level of care for that client. | 17 | | Individuals providing services regulated by this Act via | 18 | | telepractice shall comply with and are subject to all | 19 | | licensing and disciplinary provisions of this Act.
| 20 | | "Therapeutic diet" means a nutrition intervention | 21 | | prescribed by a health care professional or other authorized | 22 | | practitioner that provides food or nutrients via oral, | 23 | | enteral, and parenteral routes as part of treatment of disease | 24 | | or clinical conditions to modify, eliminate, decrease, or | 25 | | increase identified micronutrients and macronutrients in the | 26 | | diet, or to provide mechanically altered food when indicated. |
| | | HB4665 Enrolled | - 15 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13.)
| 2 | | (225 ILCS 30/12 new) | 3 | | Sec. 12. Address of record; email address of record. All | 4 | | applicants and licensees shall: | 5 | | (1) provide a valid address and email address to the | 6 | | Department, which shall serve as the address of record and | 7 | | email address of record, respectively, at the time of | 8 | | application for licensure or renewal of a license; and | 9 | | (2) inform the Department of any change of address of | 10 | | record or email address of record within 14 days after the | 11 | | change either through the Department's website or by | 12 | | contacting the Department's licensure maintenance unit.
| 13 | | (225 ILCS 30/15) (from Ch. 111, par. 8401-15)
| 14 | | (Section scheduled to be repealed on January 1, 2023)
| 15 | | Sec. 15. License required.
| 16 | | (a) No person may provide, offer to provide, or attempt to | 17 | | provide medical nutrition therapy, whether engage for | 18 | | remuneration , in the practice of dietetics and nutrition | 19 | | services
or hold himself or herself out as a licensed | 20 | | dietitian nutritionist or as a qualified provider of nutrition | 21 | | care services, including medical nutrition therapy, unless the
| 22 | | person is licensed in accordance with this Act.
| 23 | | (b) This Section does not prohibit the provision of | 24 | | medical nutrition therapy by practice of dietetics and |
| | | HB4665 Enrolled | - 16 - | LRB102 23904 SPS 33102 b |
|
| 1 | | nutrition services by the following : a
(1) A person who that is | 2 | | licensed to practice dietetics and nutrition under the law of | 3 | | another
state, territory of the United States, or country and | 4 | | has applied in writing
to the Department in form and substance | 5 | | satisfactory to the Department for a
license as a dietitian | 6 | | nutritionist until (i) the expiration of 6 months after
filing | 7 | | the written application, (ii) the withdrawal of the | 8 | | application, or
(iii) the denial of the application by the | 9 | | Department.
| 10 | | (2) A person that is licensed to practice dietetics | 11 | | under
the law of another state,
territory of the United | 12 | | States, or country, or is a certified nutrition | 13 | | specialist, a certified clinical nutritionist, a diplomate | 14 | | of the American Clinical Board of Nutrition, or a | 15 | | registered dietitian, who
has applied in writing to the | 16 | | Department in form and substance satisfactory
to the | 17 | | Department for a license as a dietitian nutritionist until | 18 | | (i) the
expiration of
6 months after the filing the | 19 | | written application, (ii) the withdrawal of
the | 20 | | application, or (iii) the denial of the application by the | 21 | | Department.
| 22 | | (c) For the purposes of this Section, the "practice of | 23 | | dietetics and nutrition" means the integration and application | 24 | | of scientific principles derived from the study of food, | 25 | | nutrition, biochemistry, metabolism, nutrigenomics, | 26 | | physiology, food management, and behavioral and social |
| | | HB4665 Enrolled | - 17 - | LRB102 23904 SPS 33102 b |
|
| 1 | | sciences in achieving and maintaining patients' and clients' | 2 | | health throughout their life spans and in providing nutrition | 3 | | care services in person and via telehealth in both clinical | 4 | | and community settings. The primary functions of the "practice | 5 | | of dietetics and nutrition" are medical nutrition therapy | 6 | | provided for the purpose of disease management or to treat or | 7 | | rehabilitate an illness, injury, or condition and other | 8 | | nutrition care services provided for health and wellness and | 9 | | as primary prevention of chronic disease. | 10 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 11 | | (225 ILCS 30/15.5)
| 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 15.5. Unlicensed practice; violation; civil penalty.
| 14 | | (a) Any person who provides practices , offers to provide | 15 | | practice , attempts to provide practice , or
holds oneself out | 16 | | as being qualified, licensed, or able to provide medical | 17 | | nutrition therapy or holds oneself out as licensed or | 18 | | qualified to practice dietetics and nutrition services without | 19 | | being
licensed under this Act shall, in
addition to any other | 20 | | penalty provided by law, pay a civil penalty to the
Department | 21 | | in an amount not to exceed $10,000 for each offense as | 22 | | determined by
the Department. The civil penalty shall be | 23 | | 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.
|
| | | HB4665 Enrolled | - 18 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (b) The Department has the authority and power to | 2 | | investigate any and all
unlicensed activity.
| 3 | | (c) The civil penalty shall be paid within 60 days after | 4 | | the effective date
of the order imposing the civil penalty. | 5 | | The order shall constitute a judgment
and may be filed and | 6 | | execution had thereon in the same manner as any judgment
from | 7 | | any court of record.
| 8 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 9 | | (225 ILCS 30/17) | 10 | | Sec. 17. Other activities subject to licensure under this | 11 | | Act. | 12 | | (a) A licensed dietitian nutritionist may order patient or | 13 | | resident diets, including therapeutic diets, in accordance | 14 | | with the following: | 15 | | (1) Enteral and parenteral nutrition therapy shall | 16 | | consist of enteral feedings or specialized intravenous | 17 | | solutions and shall only be performed by an individual | 18 | | licensed under this Act who: | 19 | | (a) is a registered dietitian or registered | 20 | | dietitian nutritionist currently registered with the | 21 | | Commission on Dietetic Registration , the accrediting | 22 | | body of the Academy of Nutrition and Dietetics, | 23 | | formerly known as the American Dietetic Association ; | 24 | | (b) is a certified nutrition support clinician as | 25 | | currently credentialed certified by the National Board |
| | | HB4665 Enrolled | - 19 - | LRB102 23904 SPS 33102 b |
|
| 1 | | of Nutrition Support Certification; or | 2 | | (c) meets the requirements set forth in the rules | 3 | | that of the Department may establish as necessary to | 4 | | implement this Section to be consistent with | 5 | | competencies necessary for evaluating, ordering, and | 6 | | administrating enteral and parenteral nutrition | 7 | | therapies . | 8 | | (2) Notification to the patient's physician and | 9 | | appropriate record retention, or pursuant to the | 10 | | protocols, policies, or procedures of a health care | 11 | | facility, as defined in the Illinois Health Facilities | 12 | | Planning Act, in which the services are provided. | 13 | | (b) (2) Developing and managing food service operations | 14 | | whose chief function is nutrition care or that are otherwise | 15 | | utilized in the management or treatment of diseases or medical | 16 | | conditions shall only be performed by an individual licensed | 17 | | under this Act with competencies in the management of health | 18 | | care food service .
| 19 | | (c) A licensed dietitian nutritionist may order oral | 20 | | therapeutic diets. | 21 | | (d) A licensed dietitian nutritionist shall provide | 22 | | nutrition care services using systematic, evidence-based | 23 | | problem solving methods of the nutrition care process to | 24 | | critically think and make decisions to address | 25 | | nutrition-related problems and provide safe, effective, and | 26 | | quality nutrition services, including medical nutrition |
| | | HB4665 Enrolled | - 20 - | LRB102 23904 SPS 33102 b |
|
| 1 | | therapy, for individuals in clinical and community settings. | 2 | | (Source: P.A. 98-148, eff. 8-2-13.)
| 3 | | (225 ILCS 30/20) (from Ch. 111, par. 8401-20)
| 4 | | (Section scheduled to be repealed on January 1, 2023)
| 5 | | Sec. 20. Exemptions. This Act does not prohibit or | 6 | | restrict:
| 7 | | (a) Any person licensed in this State under any other Act | 8 | | from engaging
in the practice for which he or she is licensed | 9 | | as long as the person does not hold oneself out as qualified, | 10 | | able, or licensed to provide medical nutrition therapy or use | 11 | | a title in connection with the person's name whose use is | 12 | | restricted to individuals licensed under this Act, as | 13 | | specified in Section 80 .
| 14 | | (b) Any person from providing medical nutrition therapy if | 15 | | that The practice of dietetics and nutrition services by a | 16 | | person who is
employed by
the United States or State | 17 | | government or any of its bureaus, divisions, departments, or
| 18 | | agencies
while in the discharge of the employee's official | 19 | | duties.
| 20 | | (c) The distribution of general nonmedical nutrition | 21 | | information practice of dietetics and nutrition services by a | 22 | | person employed as a
cooperative extension home economist, to | 23 | | the extent the activities are part
of his or her employment.
| 24 | | (d) The provision of medical nutrition therapy practice of | 25 | | dietetics and nutrition services by a person pursuing
a course |
| | | HB4665 Enrolled | - 21 - | LRB102 23904 SPS 33102 b |
|
| 1 | | of study leading to a degree in dietetics, nutrition, or an | 2 | | equivalent
major from a United States regionally accredited | 3 | | school or
program, but only if all of the following apply if: | 4 | | (i) if the activities and services constitute a part of a | 5 | | supervised
course of study ; (ii) the person does not engage in | 6 | | the independent private practice of medical nutrition therapy; | 7 | | (iii) the person is appropriately supervised by a qualified | 8 | | supervisor who agrees to assume full professional | 9 | | responsibility for the work of the individual by verifying, | 10 | | directing, and authorizing the work; and (iv) and if the | 11 | | person is designated by a title that clearly
indicates the | 12 | | person's status as a student , or trainee , or supervisee .
| 13 | | (e) (Blank). The practice of dietetics and nutrition | 14 | | services by a person fulfilling
the supervised practice | 15 | | experience component of Section 45, if the
activities and | 16 | | services constitute a part of the experience necessary to meet
| 17 | | the requirements of Section 45.
| 18 | | (e-5) The activities and services of an individual seeking | 19 | | to fulfill post-degree supervised practice experience | 20 | | requirements in order to qualify for licensing as a licensed | 21 | | dietitian nutritionist under this Act, so long as the | 22 | | individual is not engaged in the independent private practice | 23 | | of medical nutrition therapy and is in compliance with all | 24 | | applicable regulations regarding supervision, including, but | 25 | | not limited to, the requirement that the supervised practice | 26 | | experience must be under the order, control, and full |
| | | HB4665 Enrolled | - 22 - | LRB102 23904 SPS 33102 b |
|
| 1 | | professional responsibility of the individual's supervisor and | 2 | | the individual is designated by a title that clearly indicates | 3 | | the person's status as a student, trainee, or supervisee. The | 4 | | Department may, by rule, adopt further limitations on | 5 | | individuals practicing under this subsection. | 6 | | (f) A person, including a licensed acupuncturist, from: | 7 | | (1) providing verbal oral nutrition information as an | 8 | | operator or
employee of a health food store or business | 9 | | that sells health products,
including dietary supplements, | 10 | | food, herbs, or food materials; or | 11 | | (2) disseminating
written general nonmedical nutrition | 12 | | information in connection with the marketing and
| 13 | | distribution of those products, or discussing the use of | 14 | | those products, both individually and as components of | 15 | | nutritional programs, including explanations of their | 16 | | federally regulated label claims, any known drug-nutrient | 17 | | interactions, their role in various nonindividualized | 18 | | diets, or suggestions as how to best use and combine them.
| 19 | | (g) The practice of dietetics and nutrition services by an | 20 | | educator who is in the
employ of a nonprofit organization; a | 21 | | federal,
state, county, or municipal agency, or other | 22 | | political subdivision; an
elementary or secondary school; or a | 23 | | regionally accredited institution of
higher education, as long | 24 | | as the activities and services of the educator are
part of his | 25 | | or her employment.
| 26 | | (h) (Blank). The practice of dietetics and nutrition |
| | | HB4665 Enrolled | - 23 - | LRB102 23904 SPS 33102 b |
|
| 1 | | services by any person who provides weight
control services, | 2 | | provided the nutrition program has been reviewed by,
| 3 | | consultation is available from, and no program change can be | 4 | | initiated
without prior approval by an individual licensed | 5 | | under this Act,
an individual licensed to
practice dietetics | 6 | | or nutrition services
in another state that has
licensure | 7 | | requirements considered by the Department to be at least as | 8 | | stringent
as the requirements for licensure under this Act, or | 9 | | a registered dietitian.
| 10 | | (h-5) An individual providing medical weight control | 11 | | services for individuals with prediabetes or obesity if: | 12 | | (1) under a program of instruction approved in writing | 13 | | by, consultation is available from, and no program change | 14 | | can be initiated without prior approval by one of the | 15 | | following: a dietitian nutritionist licensed in this | 16 | | State; or a State-licensed health care professional | 17 | | lawfully practicing within the scope of a license granted | 18 | | by the State to provide the scope of the individual's | 19 | | licensed profession and consistent with accepted | 20 | | professional standards for providing nutrition care | 21 | | services to treat or manage the disease or medical | 22 | | condition for which medical weight control is being | 23 | | provided; or | 24 | | (2) as part of a plan of care overseen and delegated by | 25 | | a State-licensed health care professional lawfully | 26 | | practicing within the scope of a license granted by the |
| | | HB4665 Enrolled | - 24 - | LRB102 23904 SPS 33102 b |
|
| 1 | | State to provide acting within the scope of the | 2 | | individual's licensed profession and consistent with | 3 | | accepted professional standards for providing nutrition | 4 | | care services to treat or manage the disease or medical | 5 | | condition for which medical weight control is being | 6 | | provided. | 7 | | (i) The practice of dietetics and nutrition services for | 8 | | the limited purpose of education and research by any person | 9 | | with a
masters or doctorate degree with a major in nutrition or | 10 | | equivalent from a
regionally accredited school recognized by | 11 | | the Department for the purpose of
education and research .
| 12 | | (j) A person from providing general nonmedical nutrition | 13 | | information , nutrition recommendations for prevention and | 14 | | wellness, health coaching, holistic and wellness education, | 15 | | guidance, motivation, behavior change management, nonmedical | 16 | | weight control, or other nutrition care services provided that | 17 | | any such services do not constitute medical nutrition therapy | 18 | | and as long as the person does not hold oneself out as | 19 | | qualified, able, or licensed to provide medical nutrition | 20 | | therapy or use a title in connection with the individual's | 21 | | name whose use is restricted to individuals licensed under | 22 | | this Act, as specified in Section 80 or encouragement of | 23 | | general healthy eating choices that does not include the | 24 | | development of a customized nutrition regimen for a particular | 25 | | client or individual, or from providing encouragement for | 26 | | compliance with a customized nutrition plan prepared by a |
| | | HB4665 Enrolled | - 25 - | LRB102 23904 SPS 33102 b |
|
| 1 | | licensed dietitian nutritionist or any other licensed | 2 | | professional whose scope of practice includes nutrition | 3 | | assessment and counseling .
| 4 | | (k) The provision of nutrition care services by a | 5 | | nutrition and dietetic technician or practice of dietetics and | 6 | | nutrition services by a graduate of a 2 year
associate program | 7 | | or a 4 year baccalaureate program from a school or
program | 8 | | accredited at the time of graduation by the appropriate
| 9 | | accrediting agency recognized by the Council for on Higher | 10 | | Education Accreditation
and the United States Department of | 11 | | Education with a major course of study in human
nutrition, | 12 | | food and nutrition or its equivalent, as authorized by the
| 13 | | Department, who is directly supervised by an individual | 14 | | licensed under this
Act.
| 15 | | (l) Providing nutrition information as an employee of a | 16 | | nursing
facility operated exclusively by and for those relying | 17 | | upon spiritual means
through prayer alone for healing in | 18 | | accordance with the tenets and
practices of a recognized | 19 | | church or religious denomination.
| 20 | | (m) A dietary technical support person working in a | 21 | | hospital setting or a regulated Department of Public Health , | 22 | | Department of Human Services, or Department on Aging facility | 23 | | or program who has been trained and is supervised while | 24 | | engaged in the practice of dietetics and nutrition by a | 25 | | licensed dietitian nutritionist in accordance with this Act | 26 | | and whose services are retained by that facility or program on |
| | | HB4665 Enrolled | - 26 - | LRB102 23904 SPS 33102 b |
|
| 1 | | a full-time or regular, ongoing consultant basis. | 2 | | (n) The provision of nutrition care services without | 3 | | remuneration to family members. | 4 | | (o) The practice of dietetics and nutrition for a period | 5 | | not exceeding 6 months by a person who is in the State on a | 6 | | temporary basis to assist in a case of public health emergency | 7 | | and who meets the qualifications for a licensed dietitian | 8 | | nutritionist as set forth in Section 45 and is licensed in | 9 | | another state as a provider of medical nutrition therapy. | 10 | | The provisions of this Act shall not be construed to | 11 | | prohibit
or limit any person from the free dissemination of | 12 | | information, from
conducting a class or seminar, or from | 13 | | giving a speech related to nutrition
if that person does not | 14 | | hold himself or herself out as a licensed dietitian | 15 | | nutritionist
in a manner prohibited by Section 15.
| 16 | | Nothing in this Section shall be construed to permit a | 17 | | student, trainee, or supervisee to offer the student's, | 18 | | trainee's, or supervisee's services as a dietitian or | 19 | | nutritionist to any other person, other than as specifically | 20 | | excepted in this Section, unless the student, trainee, or | 21 | | supervisee is licensed under this Act. | 22 | | The provisions of this Act shall not be construed to | 23 | | prohibit or limit any physician licensed under the Medical | 24 | | Practice Act of 1987 from practicing or delegating | 25 | | nutrition-related therapies and procedures by consultation, by | 26 | | organization policy, or by contract to an appropriately |
| | | HB4665 Enrolled | - 27 - | LRB102 23904 SPS 33102 b |
|
| 1 | | trained, qualified, and supervised individual licensed under | 2 | | this Act. | 3 | | Nothing in this Act shall be construed to limit the | 4 | | ability of any other licensed health care professional in this | 5 | | State to order therapeutic diets if the ordering of | 6 | | therapeutic diets falls within the scope of the licensee's | 7 | | license. | 8 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 9 | | (225 ILCS 30/30) (from Ch. 111, par. 8401-30)
| 10 | | (Section scheduled to be repealed on January 1, 2023)
| 11 | | Sec. 30. Dietitian Nutritionist Practice Board. The | 12 | | Secretary shall appoint a Dietitian
Nutritionist Practice | 13 | | Board as follows:
7 individuals who shall be appointed by and | 14 | | shall serve in an
advisory capacity to the Secretary. Of these | 15 | | 7 individuals, 6 members must
be licensed under this Act, 4 2 | 16 | | of which must be a registered dietitian and 2 of which must be | 17 | | either a certified clinical nutritionist licensed by the | 18 | | Department prior to the effective date of this amendatory Act | 19 | | of the 102nd General Assembly , a certified nutrition | 20 | | specialist, or a diplomate of the American Clinical Board of | 21 | | Nutrition, and one
member must be a public member not licensed | 22 | | under this Act.
| 23 | | Members shall serve 3-year terms and until their | 24 | | successors are appointed
and qualified. No member shall be | 25 | | reappointed to
the Board for a term that would cause his or her |
| | | HB4665 Enrolled | - 28 - | LRB102 23904 SPS 33102 b |
|
| 1 | | continuous service on the
Board to be longer than 8 years. | 2 | | Appointments to fill vacancies shall be
made in the same | 3 | | manner as original appointments, for the unexpired portion
of | 4 | | the vacated term.
| 5 | | Insofar as possible, the licensed professionals appointed | 6 | | to serve on the Board shall be generally representative of the | 7 | | geographical distribution of licensed professionals within | 8 | | this State. Any time there is a vacancy on the Board, any
| 9 | | professional association composed of persons licensed under | 10 | | this Act may
recommend licensees to fill the vacancy to the | 11 | | Board for the appointment of
licensees.
| 12 | | A vacancy in the membership of the Board shall not impair | 13 | | the right of a quorum to exercise all the rights and perform | 14 | | all the duties of the Board. | 15 | | Members of the Board shall have no liability in any action | 16 | | based upon
any disciplinary proceeding or other activity | 17 | | performed in good faith as
members of the Board.
| 18 | | The Secretary shall have the authority to remove or | 19 | | suspend any member of the Board for cause at any time before | 20 | | the expiration of his or her term. The Secretary shall be the | 21 | | sole arbiter of cause.
| 22 | | The Secretary shall consider the recommendation of the | 23 | | Board on questions
of standards of professional conduct, | 24 | | discipline, and qualifications of
candidates or licensees | 25 | | under this Act.
| 26 | | (Source: P.A. 97-1141, eff. 12-28-12.)
|
| | | HB4665 Enrolled | - 29 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (225 ILCS 30/35) (from Ch. 111, par. 8401-35)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 35. Applications. Applications for original licensure | 4 | | shall be
made to the Department in writing on forms or | 5 | | electronically as prescribed by the Department and
shall be | 6 | | accompanied by the appropriate documentation and the required | 7 | | fee,
which shall not be returnable. Every application shall | 8 | | require the
information that in the judgment of the Department | 9 | | will enable the
Department to pass on the qualifications of | 10 | | the applicant for a license. An applicant has 3 years after the | 11 | | date of application to complete the application process. If | 12 | | the process has not been completed in 3 years, then the | 13 | | application shall be denied, the fee shall be forfeited, and | 14 | | the applicant must reapply and meet the requirements in effect | 15 | | at the time of reapplication. All applications shall contain | 16 | | information that, in the judgment of the Department, will | 17 | | enable the Department to assess the qualifications of the | 18 | | applicant for a license under this Act.
| 19 | | (Source: P.A. 87-784 .)
| 20 | | (225 ILCS 30/40) (from Ch. 111, par. 8401-40)
| 21 | | (Section scheduled to be repealed on January 1, 2023)
| 22 | | Sec. 40. Examinations. The Department shall authorize | 23 | | examinations of
applicants for a license under this Act at the | 24 | | times and places
that it may determine. The examination of |
| | | HB4665 Enrolled | - 30 - | LRB102 23904 SPS 33102 b |
|
| 1 | | applicants shall be of a
character to give a fair test of the | 2 | | qualifications of the applicant to
practice dietetics and | 3 | | nutrition services. The Department or its
designated testing | 4 | | service shall provide initial screening to determine
| 5 | | eligibility of applicants for examination.
| 6 | | Applicants for examination shall be
required to pay, | 7 | | either to the Department or the designated testing
service, a | 8 | | fee covering the cost of providing the examination. Failure to
| 9 | | appear for the examination on the scheduled date, at the time | 10 | | and place
specified, after the applicant's application for | 11 | | examination has been
received and acknowledged by the | 12 | | Department or the designated
testing service, shall result in | 13 | | the forfeiture of the examination fee.
| 14 | | Whenever the Secretary is not satisfied that substantial | 15 | | justice has been done in an examination, the Secretary may | 16 | | order a reexamination. | 17 | | If an applicant neglects, fails, or refuses to take an | 18 | | examination or
fails to pass an examination for a license | 19 | | under this Act within 3 years
after filing an application, the | 20 | | application shall be denied. However, the
applicant may | 21 | | thereafter make a new application accompanied by the required
| 22 | | fee and shall meet the requirements for licensure in force at | 23 | | the time of
making the new application.
| 24 | | The Department may employ consultants for the purpose of | 25 | | preparing and
conducting examinations.
| 26 | | (Source: P.A. 92-642, eff. 10-31-03 .)
|
| | | HB4665 Enrolled | - 31 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (225 ILCS 30/45) (from Ch. 111, par. 8401-45)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 45. Dietitian nutritionist; qualifications. A person | 4 | | who meets all of the following requirements is shall be
| 5 | | qualified to receive a license for
licensure as a dietitian | 6 | | nutritionist if that person meets all of the
following
| 7 | | requirements :
| 8 | | (a) has Has applied in writing in form and substance | 9 | | acceptable to the
Department and submits proof of completion | 10 | | of all of the following educational, supervised practice | 11 | | experience, and examination requirements; | 12 | | (a-5) possesses a baccalaureate degree or post | 13 | | baccalaureate
degree with a major course of study in human | 14 | | nutrition, foods and nutrition, dietetics, food systems
| 15 | | management, nutrition education, nutrition, nutrition science, | 16 | | clinical nutrition, applied clinical nutrition, nutrition | 17 | | counseling, nutrition and functional medicine, nutritional | 18 | | biochemistry, nutrition and integrative health, or an | 19 | | equivalent major course of study as
recommended by the Board | 20 | | and approved by the Department from a school or
program | 21 | | accredited at the time of graduation from the appropriate | 22 | | regional
accrediting
agency recognized by the Council for on | 23 | | Higher Education
Accreditation and the United
States | 24 | | Department of Education or a college or university in a | 25 | | foreign country that is substantially equivalent to the |
| | | HB4665 Enrolled | - 32 - | LRB102 23904 SPS 33102 b |
|
| 1 | | educational requirements in this Section, as recommended by | 2 | | the Board and approved by the Department. All education | 3 | | programs under this Section shall include education leading to | 4 | | competence in medical nutrition therapy. The Department may | 5 | | adopt rules as necessary to enforce this provision; .
| 6 | | (b) has Has successfully completed an examination | 7 | | authorized by the
Department which may be or may include | 8 | | examinations given by each of the American Clinical Board of | 9 | | Nutrition, the Certification Board of Nutrition Specialists, | 10 | | the Clinical Nutrition Certification Board, and the
Commission | 11 | | on Dietetic Registration, or another examination approved by | 12 | | the Department. Before the effective date of this amendatory | 13 | | Act of the 102nd General Assembly, the Department may include | 14 | | examinations given by the Clinical Nutrition Certification | 15 | | Board.
| 16 | | The Department shall establish by rule a waiver of the | 17 | | examination
requirement to applicants who, at the time of | 18 | | application, are acknowledged
to be certified clinical | 19 | | nutritionists by the Clinical Nutrition Certification Board, | 20 | | certified nutrition specialists by the Certification Board of | 21 | | Nutrition Specialists, diplomates of the American Clinical | 22 | | Board of Nutrition, or registered dietitians by the Commission | 23 | | on Dietetic Registration and
who are in compliance with other | 24 | | qualifications as included in the Act. Prior to the effective | 25 | | date of this amendatory Act of the 102nd General Assembly, the | 26 | | Department may waive of the examination requirement to |
| | | HB4665 Enrolled | - 33 - | LRB102 23904 SPS 33102 b |
|
| 1 | | applicants who, at the time of application, are acknowledged | 2 | | to be certified clinical nutritionists by the Clinical | 3 | | Nutrition Certification Board; and
| 4 | | (c) has Has completed a dietetic internship or documented, | 5 | | supervised practice
experience in dietetics and nutrition | 6 | | services of not less than 900 hours
under the supervision of a | 7 | | qualified supervisor
certified clinical nutritionist, | 8 | | certified nutrition specialist, diplomate of the American | 9 | | Clinical Board of Nutrition, registered dietitian or a | 10 | | licensed dietitian nutritionist, a State licensed
healthcare
| 11 | | practitioner, or an individual with a doctoral degree | 12 | | conferred by a U.S.
regionally accredited college or | 13 | | university with a major course of study in
human nutrition, | 14 | | nutrition education, food and nutrition, dietetics, food
| 15 | | systems management, nutrition, nutrition science, clinical | 16 | | nutrition, applied clinical nutrition, nutrition counseling, | 17 | | nutrition and functional medicine, or nutrition and | 18 | | integrative health. Supervised practice experience must be | 19 | | completed in the
United States or its territories. Supervisors | 20 | | who obtained their doctoral
degree outside the United States | 21 | | and its territories must have their degrees
validated as | 22 | | equivalent to the doctoral degree conferred by a U.S. | 23 | | regionally
accredited college or university . All supervised | 24 | | practice experience under this Section shall include training | 25 | | leading to competence in medical nutrition therapy. The | 26 | | Department may adopt rules as necessary to enforce this |
| | | HB4665 Enrolled | - 34 - | LRB102 23904 SPS 33102 b |
|
| 1 | | provision. Prior to the effective date of this amendatory Act | 2 | | of the 102nd General Assembly, supervised practice experience | 3 | | in dietetics and nutrition services of not less than 900 hours | 4 | | under the supervision of a certified clinical nutritionist may | 5 | | also be accepted.
| 6 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 7 | | (225 ILCS 30/70) (from Ch. 111, par. 8401-70)
| 8 | | (Section scheduled to be repealed on January 1, 2023)
| 9 | | Sec. 70. Inactive status; restoration; military service. | 10 | | (a) Any person who notifies the
Department in writing on | 11 | | forms or electronically as prescribed by the Department may | 12 | | elect to
place his or her license on an inactive status and | 13 | | shall, subject to rules
of the Department, be excused from | 14 | | payment of renewal fees until he or she
notifies the | 15 | | Department in writing of the desires to resume active status.
| 16 | | (b) A licensee who has permitted his or her license to | 17 | | expire or who has had his or her license on inactive status may | 18 | | have the license restored by making application to the | 19 | | Department by filing proof acceptable to the Department of his | 20 | | or her fitness to have the license restored and by paying the | 21 | | required fees. Proof of fitness may include sworn evidence | 22 | | certifying to active lawful practice in another jurisdiction. | 23 | | If the licensee has not maintained an active practice in | 24 | | another jurisdiction satisfactory to the Department, then the | 25 | | Department shall determine, by an evaluation program |
| | | HB4665 Enrolled | - 35 - | LRB102 23904 SPS 33102 b |
|
| 1 | | established by rule, his or her fitness for restoration of the | 2 | | license and shall establish procedures and requirements for | 3 | | restoration. | 4 | | (c) A licensee whose license expired while he or she was | 5 | | (1) in federal service on active duty with the Armed Forces of | 6 | | the United States or the State Militia called into service or | 7 | | training or (2) in training or education under the supervision | 8 | | of the United States before induction into the military | 9 | | service, may have the license restored without paying any | 10 | | lapsed renewal fees if within 2 years after honorable | 11 | | termination of the service, training, or education he or she | 12 | | furnishes the Department with satisfactory evidence to the | 13 | | effect that he or she has been so engaged and that his or her | 14 | | service, training, or education has been so terminated. | 15 | | (d) Any person requesting restoration from inactive status | 16 | | shall be required
to pay the current renewal fee, shall meet | 17 | | continuing education
requirements, and shall be required to | 18 | | restore his or her
license as provided in Section 65 of this | 19 | | Act.
| 20 | | (e) A person licensed under this Act
whose license is on | 21 | | inactive status
or in a non-renewed status shall not provide | 22 | | medical nutrition therapy engage in the practice of dietetics | 23 | | or
nutrition services in the State of Illinois or use the title | 24 | | or advertise that
he or she performs the services of a licensed | 25 | | dietitian nutritionist.
| 26 | | (f) Any person violating this Section shall be considered |
| | | HB4665 Enrolled | - 36 - | LRB102 23904 SPS 33102 b |
|
| 1 | | to be practicing
without a license and will be subject to the | 2 | | disciplinary provisions of this
Act.
| 3 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 4 | | (225 ILCS 30/75) (from Ch. 111, par. 8401-75)
| 5 | | (Section scheduled to be repealed on January 1, 2023)
| 6 | | Sec. 75. Endorsement. The Department may , in its | 7 | | discretion, license as a dietitian
nutritionist, without | 8 | | examination, on payment of
required fee, an
applicant who is a | 9 | | dietitian, dietitian nutritionist, or nutritionist , or
| 10 | | nutrition counselor licensed or certified under the laws of
| 11 | | another state, territory, or country, if the Department | 12 | | determines that the requirements for licensure in the
state, | 13 | | territory, or country in which the applicant was licensed | 14 | | were, at the
date of his or her licensure, substantially equal | 15 | | to the requirements of this
Act.
| 16 | | An applicant has 3 years from the date of application to | 17 | | complete the application process. If the process has not been | 18 | | completed within the 3 years, the application shall be denied, | 19 | | the fee forfeited, and the applicant must reapply and meet the | 20 | | requirements in effect at the time of reapplication. | 21 | | (Source: P.A. 92-642, eff. 10-31-03 .)
| 22 | | (225 ILCS 30/76 new) | 23 | | Sec. 76. Grandfathering. An individual licensed as a | 24 | | dietitian in the State on the effective date of this |
| | | HB4665 Enrolled | - 37 - | LRB102 23904 SPS 33102 b |
|
| 1 | | amendatory Act of the 102nd General Assembly shall be eligible | 2 | | to maintain and renew a license as a licensed dietitian | 3 | | nutritionist in the State consistent with this Act if that | 4 | | individual meets the renewal requirements set forth in this | 5 | | Act. An individual licensed as a dietitian nutritionist on the | 6 | | effective date of this amendatory Act of the 102nd General | 7 | | Assembly shall not be required to complete any education, | 8 | | experience, or exam requirements specified in Section 45 | 9 | | beyond those which were required when the individual was | 10 | | originally licensed.
| 11 | | (225 ILCS 30/80) (from Ch. 111, par. 8401-80)
| 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 80. Use of title; advertising. | 14 | | (a) Only a person who is issued a license as a dietitian | 15 | | nutritionist under
this Act may use the words "licensed | 16 | | dietitian nutritionist", "dietitian nutritionist", or | 17 | | "dietitian" ,
"licensed nutritionist", or "nutrition counselor" | 18 | | or the letters "L.D.N." or hold oneself out as qualified or | 19 | | licensed to practice under this Act in connection
with his or | 20 | | her name.
| 21 | | (b) A licensee shall include in every advertisement for | 22 | | services regulated
under this Act his or her title as it | 23 | | appears on the license or the
initials authorized under this | 24 | | Act. Advertisements shall not include false, fraudulent, | 25 | | deceptive, or misleading material or guarantees of success.
|
| | | HB4665 Enrolled | - 38 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (c) Use of an earned, federally trademarked nutrition | 2 | | credential is not prohibited, but such use does not give an | 3 | | individual the right to practice dietetics or nutrition or | 4 | | provide medical nutrition therapy unless the individual is | 5 | | licensed under this Act. | 6 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 7 | | (225 ILCS 30/100) (from Ch. 111, par. 8401-100)
| 8 | | (Section scheduled to be repealed on January 1, 2023)
| 9 | | Sec. 100. Injunctions; cease and desist orders.
| 10 | | (a) If any person violates a provision of this Act, the | 11 | | Secretary
may, in the name of the People of the State of | 12 | | Illinois through
the Attorney General of the State of Illinois | 13 | | or the State's Attorney of the county in which the violation is | 14 | | alleged to have occurred, petition for an order
enjoining the | 15 | | violation or for an order enforcing compliance with this Act.
| 16 | | Upon the filing of a verified petition, the court may issue a | 17 | | temporary
restraining order, without notice or bond, and may | 18 | | preliminarily and
permanently enjoin the violation. If it is | 19 | | established that the person has
violated or is violating the | 20 | | injunction, the Court may punish the offender
for contempt of | 21 | | court. Proceedings under this Section shall be in addition
to, | 22 | | and not in lieu of, all other remedies and penalties provided | 23 | | by this Act.
| 24 | | (b) If any person provides, offers to provide, attempts to | 25 | | provide practices as a dietitian nutritionist or
holds himself |
| | | HB4665 Enrolled | - 39 - | LRB102 23904 SPS 33102 b |
|
| 1 | | or herself out as qualified, licensed, or able to provide | 2 | | medical nutrition therapy or holds oneself out as licensed or | 3 | | qualified to practice dietetics and nutrition or holds oneself | 4 | | out as a licensed dietitian nutritionist or uses words or | 5 | | letters in connection with the person's name in violation of | 6 | | Section 80 such without having a valid license under
this Act, | 7 | | then any licensee, any interested party, or any person injured
| 8 | | thereby may, in addition to the Secretary, petition for relief | 9 | | as provided
in subsection (a) of this Section.
| 10 | | (c) Whenever in the opinion of the Department any person | 11 | | violates any
provision of this Act, the Department may issue a | 12 | | rule to show cause why an
order to cease and desist should be | 13 | | entered against him or her. The rule shall
clearly set forth | 14 | | the grounds relied upon the Department and shall provide
a | 15 | | period of 7 days from the date of the rule to file an answer to | 16 | | the
satisfaction of the Department. Failure to answer to the | 17 | | satisfaction of
the Department shall cause in order to cease | 18 | | and desist to be issued
immediately.
| 19 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 20 | | (225 ILCS 30/105) (from Ch. 111, par. 8401-105)
| 21 | | (Section scheduled to be repealed on January 1, 2023)
| 22 | | Sec. 105. Investigation; notice and hearing. The | 23 | | Department may investigate
the actions or qualifications of | 24 | | any applicant or of any person or persons
holding or claiming | 25 | | to hold a license or certificate of registration.
The |
| | | HB4665 Enrolled | - 40 - | LRB102 23904 SPS 33102 b |
|
| 1 | | Department shall, before refusing to issue or renew a license | 2 | | or to discipline a licensee under Section 95, at least 30 days | 3 | | before the date set for the
hearing, (i) notify the accused in | 4 | | writing of any charges made and the time and
place for a | 5 | | hearing of the charges before the Board , (ii) direct him or her | 6 | | to
file his or her written answer to the charges with the
Board | 7 | | under oath within 20 days after the service of the notice,
and | 8 | | (iii) inform the applicant or licensee that failure to file an | 9 | | answer shall result in a
default judgment being entered take n | 10 | | against the applicant or licensee. At the time and place fixed | 11 | | in the notice, the Department shall proceed to hear the | 12 | | charges and the parties or their counsel shall be accorded | 13 | | ample opportunity to present any pertinent statements, | 14 | | testimony, evidence, and arguments. The Department may | 15 | | continue the hearing from time to time. In case the person, | 16 | | after receiving the notice, fails to file an answer, his or her | 17 | | license, may, in the discretion of the Department, be revoked, | 18 | | suspended, or placed on probationary status or the Department | 19 | | may take whatever disciplinary action considered proper, | 20 | | including limiting the scope, nature, or extent of the | 21 | | person's practice or the imposition of a fine, without a | 22 | | hearing, if the act or acts charged constitute sufficient | 23 | | grounds for that action under the Act. The written notice and | 24 | | any notice in the subsequent proceeding may be served by | 25 | | registered or certified mail to the licensee's address of | 26 | | record or by email to the licensee's email address of record .
|
| | | HB4665 Enrolled | - 41 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 2 | | (225 ILCS 30/110) (from Ch. 111, par. 8401-110)
| 3 | | (Section scheduled to be repealed on January 1, 2023)
| 4 | | Sec. 110. Record of hearing. The Department, at its | 5 | | expense, shall provide a certified shorthand reporter to take | 6 | | down the testimony and preserve a record of all proceedings at | 7 | | the hearing of any case in which a licensee may be revoked, | 8 | | suspended, placed on probationary status, reprimanded, fined, | 9 | | or subjected to other disciplinary action with reference to | 10 | | the license when a disciplinary action is authorized under | 11 | | this Act and its rules. The notice of hearing, complaint, and | 12 | | all other documents in the nature of pleadings and written | 13 | | portions filed in the proceedings, the transcript of the | 14 | | testimony, the report of the hearing officer, and the orders | 15 | | of the Department shall be the records of the proceedings. The | 16 | | record may be made available to any person interested in the | 17 | | hearing upon payment of the fee required by Section 2105-115 | 18 | | of the Department of Professional Regulation Law of the Civil | 19 | | Administrative Code of Illinois
preserve a record of all | 20 | | proceedings at the formal hearing of any case. The
notice of | 21 | | hearing, complaint, and other documents in the nature of | 22 | | pleadings
and written motions filed in the proceedings, the | 23 | | transcript of testimony, the
report of the Board, and orders | 24 | | of the Department shall be in the record of the
proceedings .
| 25 | | (Source: P.A. 97-1141, eff. 12-28-12.)
|
| | | HB4665 Enrolled | - 42 - | LRB102 23904 SPS 33102 b |
|
| 1 | | (225 ILCS 30/125) (from Ch. 111, par. 8401-125)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 125. Motion for rehearing. In any case hearing | 4 | | involving the refusal to issue or renew or the discipline of a
| 5 | | licensee, a copy of the Board's report shall be served upon the | 6 | | respondent by
the Department, either personally or as provided | 7 | | in this Act for the service of
the notice of hearing. Within 20 | 8 | | calendar days after the service, the
respondent may present to | 9 | | the Department a motion in writing for a rehearing
which shall | 10 | | specify the particular grounds for rehearing. If no motion for
| 11 | | rehearing is filed, then upon the expiration of the time | 12 | | specified for filing a
motion, or if motion for rehearing is | 13 | | denied, then upon denial, the Secretary
may enter an order in | 14 | | accordance with recommendations of the Board, except as
| 15 | | provided for in Section 120. If the respondent orders a | 16 | | transcript of the
record from the reporting service and pays | 17 | | for it within the time for filing a
motion for rehearing, the | 18 | | 20 calendar day period within which a motion for
rehearing may | 19 | | be filed shall commence upon the delivery of the
transcript to | 20 | | the respondent.
| 21 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 22 | | (225 ILCS 30/140) (from Ch. 111, par. 8401-140)
| 23 | | (Section scheduled to be repealed on January 1, 2023)
| 24 | | Sec. 140. Order; certified copy. An order or a certified |
| | | HB4665 Enrolled | - 43 - | LRB102 23904 SPS 33102 b |
|
| 1 | | copy of an
order, over the seal of the Department and | 2 | | purporting to be signed by the Secretary, shall be prima facie | 3 | | proof:
| 4 | | (a) that the signature is the genuine signature of the | 5 | | Secretary; and
| 6 | | (b) that the Secretary is duly appointed and | 7 | | qualified ; and .
| 8 | | (c) that the Board and the members of the Board are | 9 | | qualified to act. | 10 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 11 | | (225 ILCS 30/165) (from Ch. 111, par. 8401-165)
| 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 165. Certification of record; receipt. The Department | 14 | | shall not
be required to certify any record to the Court or | 15 | | file any answer in court
or otherwise appear in any court in a | 16 | | judicial review proceeding, unless and until the Department | 17 | | has received from the plaintiff
payment of the costs of | 18 | | furnishing and certifying
the record, which costs shall be | 19 | | determined by the Department. Exhibits shall be certified | 20 | | without cost. Failure on the part of the plaintiff to file a | 21 | | receipt in
Court is grounds for dismissal of the action.
| 22 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 23 | | (225 ILCS 30/175) (from Ch. 111, par. 8401-175)
| 24 | | (Section scheduled to be repealed on January 1, 2023)
|
| | | HB4665 Enrolled | - 44 - | LRB102 23904 SPS 33102 b |
|
| 1 | | Sec. 175. Illinois Administrative Procedure Act. The | 2 | | Illinois
Administrative Procedure Act is expressly adopted and | 3 | | incorporated as if
all of the provisions of that Act were | 4 | | included in this Act, except that
the provision of paragraph | 5 | | (d) of Section 10-65 of the
Illinois Administrative Procedure | 6 | | Act, which provides that at hearings the
licensee or person | 7 | | holding a license has the right to show
compliance with all | 8 | | lawful requirements for retention or continuation of the
| 9 | | license, is specifically excluded. For the purpose of this | 10 | | Act, the notice
required under Section 10-25 of the Illinois | 11 | | Administrative
Procedure Act is deemed sufficient when mailed | 12 | | to the last known
address of record of a party or when emailed | 13 | | to the last known email address of record of a party .
| 14 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 15 | | (225 ILCS 30/37 rep.)
| 16 | | (225 ILCS 30/90 rep.)
| 17 | | (225 ILCS 30/150 rep.)
| 18 | | Section 15. The Dietitian Nutritionist Practice Act is | 19 | | amended by repealing Sections 37, 90, and 150.
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2023, except that this Section and Section 5 take effect | 22 | | upon becoming law. |
|