(225 ILCS 2/1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 1.
Short title.
This Act may be cited as the
Acupuncture Practice Act.
(Source: P.A. 89-706, eff. 1-31-97.)
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(225 ILCS 2/5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5. Objects and purpose. The practice of acupuncture in the State of Illinois is hereby declared to affect the public
health, safety, and welfare and to be subject to regulation and
control in the public interest. It is further declared to be a
matter of public interest and concern that the practice of
acupuncture as defined in this Act merit and receive the confidence
of the public, and that only qualified persons, as set forth by this Act, be authorized to
practice acupuncture in the State of Illinois. This Act shall be
liberally construed to best carry out these subjects and purposes.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10. Definitions. As used in this Act:
"Acupuncture" means evaluation or treatment that is effected by stimulating certain body points by the insertion of pre-sterilized, single-use, disposable needles,
unless medically contraindicated. "Acupuncture" includes, but is not limited to, stimulation that may be effected by the application of heat, including far infrared, or cold, electricity, electro or magnetic
stimulation, cold laser, vibration, cupping, gua sha, manual pressure, or other methods, with or without the concurrent use of needles,
to prevent or modify the perception of
pain, to normalize physiological functions, or for the
treatment of diseases or dysfunctions of the body and includes the determination of a care regimen or treatment protocol according to traditional East Asian principles and activities referenced in Section 15 of this Act for which a written referral is not required. In accordance with this Section, the practice known as dry needling or intramuscular manual stimulation, or similar wording intended to describe such practice, is determined to be within the definition, scope, and practice of acupuncture. Acupuncture also includes evaluation or treatment in accordance with traditional and modern practices of East Asian medical theory, including, but not limited to, moxibustion, herbal medicinals, natural or dietary supplements, manual methods, exercise, and diet to prevent or modify the perception of pain, to normalize physiological functions, or for the treatment of diseases or dysfunctions of the body and includes activities referenced in Section 15 of this Act for which a written referral is not required.
Acupuncture does not include radiology, electrosurgery, chiropractic technique,
physical therapy, naprapathic technique, use or prescribing of any pharmaceuticals, or vaccines,
or determination of a differential
diagnosis.
An acupuncturist licensed
under this Act who is not also licensed as a physical therapist
under
the Illinois Physical Therapy Act shall not hold himself or herself out as
being qualified to provide physical therapy or physiotherapy services.
"Acupuncturist" means a person who practices acupuncture in all its forms, including traditional and modern practices in both teachings and delivery,
and who is licensed by the Department. An acupuncturist shall refer to a licensed physician or dentist any patient whose condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the acupuncturist.
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. "Board" means the Board of Acupuncture appointed by the Secretary.
"Dentist" means a person licensed under the Illinois Dental Practice Act.
"Department" means the Department of Financial and
Professional
Regulation.
"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit. "Physician" means a person licensed under the Medical Practice Act of 1987.
"Referral by written order" for purposes of this Act means a
diagnosis, substantiated by signature of a physician or dentist, identifying a
patient's condition and recommending treatment by acupuncture as defined in
this Act. The diagnosis shall remain in effect until changed by the physician
or dentist who may, through express direction in the referral, maintain management of the patient.
"Secretary" means the Secretary of Financial and Professional Regulation.
"State" includes:
(1) the states of the United States of America;
(2) the District of Columbia; and
(3) the Commonwealth of Puerto Rico.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/12) (Section scheduled to be repealed on January 1, 2028) Sec. 12. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to | ||
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(2) inform the Department of any change of address | ||
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(Source: P.A. 100-375, eff. 8-25-17.) |
(225 ILCS 2/15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15. Who may practice acupuncture. No person licensed under this
Act
may
treat human ailments otherwise than by the practice of acupuncture as defined
in this Act and shall only practice acupuncture consistent with the education and certifications obtained pursuant to the requirements set forth in this Act. A physician or dentist licensed in
Illinois may practice acupuncture in accordance with his or her training pursuant to this Act or the Medical Practice Act of 1987. An acupuncturist shall refer to a licensed physician or dentist, any patient whose condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the acupuncturist.
Nothing in this Act regarding the use of dietary supplements or herbs shall be construed to prohibit a person licensed in this State under any other Act from engaging in the practice for which he or she is licensed. (Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/16) (Section scheduled to be repealed on January 1, 2028) Sec. 16. Chinese herbology; practice. No person licensed under this Act may hold himself or herself out as being trained in Chinese herbology without proof of status as a Diplomate of Oriental Medicine certified by the National Certification Commission for Acupuncture and Oriental Medicine or a substantially equivalent status that is approved by the Department or proof that he or she has successfully completed the National Certification Commission for Acupuncture and Oriental Medicine Chinese Herbology Examination or a substantially equivalent examination approved by the Department. A violation of this Section is subject to the disciplinary action described in Section 110.
(Source: P.A. 101-201, eff. 1-1-20.) |
(225 ILCS 2/20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20. Exempt activities. This
Act does not prohibit
any person licensed in this State
from engaging in the practice for which he or
she is licensed.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/20.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20.1. Guest instructors of acupuncture; professional education. The provisions of this Act
do not prohibit an acupuncturist from another state or country, who is not
licensed under this Act and who is an invited guest of a professional
acupuncture association or scientific acupuncture foundation or an acupuncture training program or continuing education provider approved by the Department under this
Act, from engaging in professional education through lectures, clinics, or
demonstrations, provided that the acupuncturist is currently licensed in another state or country and his or her license is active and has not been disciplined, or he or she is currently certified in good standing as an acupuncturist by the National Certification Commission for Acupuncture and Oriental Medicine or similar body approved by the Department. Licensees under this Act may engage in professional education through lectures, clinics, or demonstrations as an invited guest of a professional acupuncture association or scientific acupuncture foundation or an acupuncture training program or continuing education provider approved by the Department under this Act. The Department may, but is not required to, establish rules concerning this Section.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/20.2) (Section scheduled to be repealed on January 1, 2028) Sec. 20.2. Guest practitioners of acupuncture. The provisions of this Act do not prohibit an acupuncturist from another state or country who is not licensed under the Act from practicing in Illinois during a state of emergency as declared by the Governor of Illinois, provided that the acupuncturist is currently licensed in another state or country and his or her license is active and has not been disciplined, or he or she is certified by the National Certification Commission for Acupuncture and Oriental Medicine or similar body approved by the Department. Such practice is limited to the time period during which the declared state of emergency is in effect and may not exceed 2 consecutive weeks or a total of 30 days in one calendar year.
(Source: P.A. 100-375, eff. 8-25-17.) |
(225 ILCS 2/25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25. Powers and duties of Department. The Department
shall exercise powers and duties under this Act as
follows:
(1) Review applications to ascertain the | ||
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(2) Adopt rules consistent with the provisions of | ||
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(3) The Department may at any time seek the advice | ||
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(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/30)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30. Illinois Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention or continuation or renewal of the license, is specifically excluded. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the address of record.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/35)
(Section scheduled to be repealed on January 1, 2028)
Sec. 35. Board of Acupuncture. The Secretary shall appoint a Board of
Acupuncture to
consist of 7 persons who shall serve in an advisory
capacity to the Secretary. Four members must hold an active license to engage in
the practice of acupuncture in this State, one member shall be a chiropractic
physician licensed under the Medical Practice Act of 1987 who is actively
engaged in the practice of acupuncture, one member shall be a physician
licensed to practice medicine in all of its branches in Illinois, and one
member must be a member of the public who is not licensed under this
Act or a
similar Act of another jurisdiction and who has no connection with the
profession.
Members shall serve 4-year terms and until their successors are appointed and
qualified. No member may be appointed to more than 2 consecutive full terms. Appointments to
fill vacancies shall be made in the same manner as original appointments for
the unexpired portion of the vacated term. Initial terms shall begin upon the
effective date of this amendatory Act of 1997.
The Board may annually elect a chairperson and a vice-chairperson who shall
preside in the absence of the chairperson. The membership of the Board should
reasonably reflect representation from the geographic areas in this State. The
Secretary may terminate the appointment of any member for cause.
The Secretary may give due consideration to all recommendations of the Board. A
majority of the Board members currently appointed shall constitute a quorum. A
vacancy in the membership of the Board shall not impair the right of a quorum
to exercise the right and perform all the duties of the Board. Members of the
Board shall have no liability in any action based upon any disciplinary
proceeding or other activity performed in good faith as a member of the
Board.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/40)
(Section scheduled to be repealed on January 1, 2028)
Sec. 40. Application for licensure. Applications for
original
licensure as an acupuncturist shall be made to the
Department in writing on
forms
prescribed by the Department and shall be accompanied by the required fee,
which shall
not be refundable.
The Department may issue a license to an
applicant who submits with the application proof of each of the following:
(1)(A) graduation from a school accredited by the | ||
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(2) for applications submitted on or before December | ||
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An applicant has 3
years from the date of his or her application to complete the application
process. If the process has not been completed in 3 years, the application
shall be denied, the fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/41) (Section scheduled to be repealed on January 1, 2028) Sec. 41. Abnormal skin growth education. (a) In addition to any other requirements under this Act, the following applicants must provide proof of completion of a course approved by the Department in abnormal skin growth education, including training on identifying melanoma: (1) An applicant who submits an application for | ||
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(2) An applicant who was licensed before January 1, | ||
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(b) Nothing in this Section shall be construed to create a cause of action or any civil liabilities or to require or permit a licensee or applicant under this Act to practice medicine or otherwise practice outside of the scope of practice of a licensed acupuncturist. (c) A person licensed under this Act may refer an individual to seek care from a medical professional regarding an abnormal skin growth. Neither a person licensed under this Act who completes abnormal skin growth education as a part of the person's continuing education, nor the person's employer, shall be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of practicing in the person's profession or employment concerning potential abnormal skin growths. (Source: P.A. 103-851, eff. 8-9-24.) |
(225 ILCS 2/45)
Sec. 45.
(Repealed).
(Source: P.A. 89-706, eff. 1-31-97. Repealed by P.A. 90-61, eff. 7-3-97.)
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(225 ILCS 2/50)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50. Practice prohibited. Unless he or she has been issued, by the
Department, a valid, existing license as an acupuncturist under this Act, no
person may use the title and designation of "Acupuncturist", "Licensed
Acupuncturist", "Certified Acupuncturist", "Doctor of Acupuncture and Chinese Medicine", "Doctor of Acupuncture and Oriental Medicine", "Doctor of Acupuncture", "Oriental Medicine Practitioner", "Licensed Oriental Medicine Practitioner", "Oriental Medicine Doctor", "Licensed Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.",
"Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D." either directly or indirectly, in connection with his or her
profession or business. No person licensed under this Act may use the
designation "medical", directly or indirectly, in connection with his or her
profession or business. Nothing shall prevent a physician from using the
designation "Acupuncturist".
No person may practice, offer to practice, attempt to practice, or hold
himself or herself out to practice as a licensed acupuncturist without
being licensed under this Act.
This Act does not prohibit a person from applying acupuncture needles, modalities, or techniques as
part of his or her educational training when he or she:
(1) is engaged in a State-approved course in | ||
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(2) is a graduate of a school of acupuncture and | ||
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(3) is a graduate of a school of acupuncture and | ||
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(4) is participating in a State-approved continuing | ||
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Students attending schools of acupuncture, and professional acupuncturists
who are not licensed in Illinois, may engage in the practice of acupuncture
in conjunction with their education as provided in this Act, but
may not open an office, appoint a place to meet private patients, consult with
private patients, or otherwise engage in the practice of acupuncture beyond
what is required in conjunction with their education.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/55)
(Section scheduled to be repealed on January 1, 2028)
Sec. 55.
Endorsement.
The Department may, at its discretion, license as
an acupuncturist without examination, on payment of the fee, an applicant for
licensure who is an acupuncturist under the laws of another state if the
requirements pertaining to acupuncture in that state were at the date of his or
her licensure substantially equal to the requirements in force in Illinois on
that date or if an applicant possesses individual qualifications that are
substantially equal to the requirements under this Act.
An
applicant has 3 years from the date of his or her application to complete the
application process. If the process has not been completed in 3 years, the
application shall be denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90-61, eff. 7-3-97.)
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(225 ILCS 2/60)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60. Exhibition of license upon request; change of
address. A licensee shall, whenever
requested,
exhibit his or her license to any
representative of the
Department.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/70)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70. Renewal or restoration of
license; continuing education; military service. The
expiration date and renewal period
for each license issued under this Act shall be set by
rule. The
holder of a license may renew that license during the
month
preceding its expiration date by paying the required fee.
In order to renew or restore a license, applicants shall
provide proof of having met the
requirements of continuing education set forth in the
rules of the
Department. Continuing education sponsors approved by the Department may not use an individual to engage in clinical demonstration, unless that individual is actively licensed under this Act or licensed by another state or country as set forth in Section 20.1 of this Act.
A person who has permitted his or her license to expire or who has had
his or her license on inactive status may have the license restored by
submitting an application to the Department, by meeting continuing education
requirements, and by filing proof acceptable to the Department of fitness to
have the license restored, which may include sworn evidence certifying to
active practice in another jurisdiction satisfactory to the Department and by
paying the required restoration fee. If the person has not maintained an
active practice in another jurisdiction satisfactory to the Department, the
Department shall determine his
or her fitness to resume active status and may require successful completion
of a practical examination.
Any acupuncturist whose license expired while he or she
was
(1) in federal service on active duty with the Armed Forces of the
United States or the State Militia called into service or training
or (2) in training or education under the supervision of the
United States preliminary to induction into the military service,
however, may have his or her license restored without paying any
lapsed renewal fees if within 2 years after honorable termination
of service, training, or education, he or she furnishes the
Department with satisfactory evidence that he or she
has been so engaged and that his or her service, training, or
education has been terminated.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/75)
(Section scheduled to be repealed on January 1, 2028)
Sec. 75.
Inactive licenses.
A licensee who notifies the Department in
writing on forms prescribed by the Department may elect to place his or her
license on inactive status and shall, subject to rules of the Department, be
excused from payment of renewal fees until he or she notifies the Department in
writing of his or her desire to resume active status. A licensee requesting
restoration from inactive status shall be required to pay the current renewal
fee, shall meet the continuing education requirements, and shall be required to
restore his or her license as provided in Section 70 of this Act.
(Source: P.A. 90-61, eff. 7-3-97.)
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(225 ILCS 2/80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 80.
Fees.
The Department shall provide by rule for a schedule of fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration.
The fees shall be nonrefundable.
All fees collected under this Act
shall be deposited into the General Professions Dedicated Fund
and shall be
appropriated to the Department for
the ordinary and contingent
expenses of the Department
in the administration of this Act.
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/90)
Sec. 90. (Repealed).
(Source: P.A. 90-61, eff. 7-3-97. Repealed by P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/100)
(Section scheduled to be repealed on January 1, 2028)
Sec. 100.
Advertisement.
Any person
licensed under this Act may
advertise the availability of professional services in the
public media or on the premises where such professional
services are rendered. Such advertising shall be limited to
the following information:
(1) publication of the person's name, title, office | ||
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(2) information pertaining to the person's areas of | ||
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(3) information on usual and customary fees for | ||
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(4) announcement of the opening of, change of, | ||
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(5) announcement of additions to or deletions from | ||
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(6) the issuance of business or appointment cards.
This Act does not authorize the advertising of
professional services that the offeror of such services is
not licensed to render. Nor shall the advertiser use
statements that contain false, fraudulent, deceptive, or
misleading material or guarantees of success, statements
that play upon the vanity or fears of the public, or
statements that promote or produce unfair competition.
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/105)
(Section scheduled to be repealed on January 1, 2028)
Sec. 105. Unlicensed practice; civil penalty. (a) A person who practices,
offers to practice, attempts to practice, or holds himself or herself out to
practice as
a
licensed acupuncturist without being licensed under this Act shall, in addition
to any other penalty provided by law, pay a civil penalty to the Department in
an amount not to exceed $10,000 for each offense as determined by the
Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/110)
(Section scheduled to be repealed on January 1, 2028)
Sec. 110. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, place on probation,
suspend, revoke or take other disciplinary or non-disciplinary action as deemed appropriate
including the imposition of fines not to exceed $10,000 for each
violation,
as the Department may deem proper,
with
regard to a license for any one or combination of the
following
causes:
(1) Violations of this Act or its rules.
(2) Conviction by plea of guilty or nolo contendere, | ||
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(3) Making any misrepresentation for the purpose of | ||
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(4) Aiding or assisting another person in violating | ||
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(5) Failing to provide information within 60 days in | ||
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(6) Discipline by another U.S. jurisdiction or | ||
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(7) Solicitation of professional services by means | ||
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(8) Failure to provide a patient with a copy of his | ||
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(9) Gross negligence in the practice of acupuncture.
(10) Habitual or excessive use or addiction to | ||
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(11) A finding that licensure has been applied for or | ||
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(12) A pattern of practice or other behavior that | ||
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(13) Being named as a perpetrator in an indicated | ||
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(14) Willfully failing to report an instance of | ||
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(15) The use of any words, abbreviations, figures or | ||
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When the name of the licensed acupuncturist is used | ||
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(16) Using claims of superior quality of care to | ||
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(17) Advertising of professional services that the | ||
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(18) Having treated ailments other than by the | ||
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(19) Unethical, unauthorized, or unprofessional | ||
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(20) Physical illness, mental illness, or other | ||
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(21) Violation of the Health Care Worker | ||
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(22) Failure to refer a patient whose condition | ||
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(23) Holding himself or herself out as being | ||
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The entry of an order by a circuit court establishing that any person
holding a license under this Act is subject to involuntary admission or
judicial admission as provided for in the Mental Health and Developmental
Disabilities Code operates as an automatic suspension of that license. That
person may have his or her license restored only upon the determination by a
circuit court that the patient is no longer subject to involuntary admission or
judicial admission and the issuance of an order so finding and discharging the
patient and upon the Board's recommendation to the Department that the license
be restored. Where the circumstances so indicate, the Board may recommend to
the Department that it require an examination prior to restoring a suspended
license.
The Department may refuse to issue or renew the license
of any person
who
fails to (i) file a return or to pay the tax,
penalty or interest shown in a filed return or (ii) pay any final
assessment of the tax, penalty, or interest as required by any tax
Act administered by the Illinois Department of Revenue, until the
time that the requirements of that tax Act are satisfied.
In enforcing this Section, the Department upon a showing of
a
possible
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The Department may order the examining physician to
present
testimony concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician. The examining
physicians
shall be specifically designated by the Department.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit to a mental
or
physical examination, when directed, shall be grounds for suspension of his or
her
license until the individual submits to the examination if the Department
finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department finds an individual unable to practice because of
the
reasons
set forth in this Section, the Department may require that individual
to submit
to
care, counseling, or treatment by physicians approved
or designated by the Department, as a condition, term, or restriction
for continued,
restored, or
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, restored, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
with
such terms, conditions, or restrictions, shall be referred to the Secretary for
a
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30 days after the suspension and completed without
appreciable
delay.
The Department and Board shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-375, eff. 8-25-17; 101-201, eff. 1-1-20.)
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(225 ILCS 2/117) (Section scheduled to be repealed on January 1, 2028) Sec. 117. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(225 ILCS 2/120)
(Section scheduled to be repealed on January 1, 2028)
Sec. 120. Checks or orders to Department dishonored because
of insufficient funds. Any person who issues or delivers a check
or other order to the Department that is not honored on 2 occasions
by the financial institution upon which it is drawn because of
insufficient funds on account, the account is closed, or a stop
payment has been placed on the check or order shall pay to the
Department, in addition to the amount owing upon the check or other
order, a fee of $50. If the check or other order was issued or
delivered in payment of a renewal or issuance fee and the person
whose license has lapsed continues to practice acupuncture without
paying the renewal or issuance fee and the required $50 fee under
this Section, an additional fee of $100 shall be imposed. The fees
imposed by this Section are in addition to any other disciplinary
provision under this Act prohibiting practice on an expired or
non-renewed license. If after the expiration of 30 days from the date of the
notification a person whose license has lapsed seeks a current license, he or she shall thereafter apply to the Department for
restoration of the license and pay all fees due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license that allows the Department
to pay all costs and expenses incident to the processing of this
application. The Secretary may waive the fees due under this
Section in individual cases where he or she finds that the fees
would be unreasonably or unnecessarily burdensome.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/130)
(Section scheduled to be repealed on January 1, 2028)
Sec. 130. Injunctions; criminal offenses; cease and desist
order.
(a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois,
through the Attorney General of the State of Illinois or the
State's Attorney for any county in which the action is brought,
petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a
petition in court, the court may issue a temporary restraining
order, without notice or condition, and may preliminarily and
permanently enjoin the violation. If it is established that the
person has violated or is violating the injunction, the court may
punish the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) Whenever in the opinion of the Department a person violates a
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against that person. The rule
shall clearly set forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the satisfaction of the
Department shall cause an order to cease and desist to be issued immediately.
(c) Other than as provided in Section 20 of this Act, if any
person practices as an acupuncturist or holds himself or herself
out as a licensed acupuncturist under this Act without being
issued
a valid existing license by the Department, then any
licensed
acupuncturist, any interested party, or any person injured thereby
may, in addition to the Secretary, petition for relief as provided
in subsection (a) of this Section.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/135)
(Section scheduled to be repealed on January 1, 2028)
Sec. 135. Criminal violations. Whoever
knowingly practices or offers to practice acupuncture
in this State without being licensed for that purpose shall be
guilty of a Class A misdemeanor and for each subsequent conviction
shall be guilty of a Class 4 felony. Notwithstanding any other
provision of this Act, all criminal fines, moneys, or other
property collected or received by the Department under this Section
or any other State or federal statute, including but not limited
to property forfeited to the Department under Section 505 of the
Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited into the
Professional Regulation Evidence Fund.
(Source: P.A. 94-556, eff. 9-11-05.)
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(225 ILCS 2/140)
(Section scheduled to be repealed on January 1, 2028)
Sec. 140. Investigation; notice; hearing. Licenses may be refused,
revoked, suspended,
or otherwise disciplined in the manner provided by this Act and not otherwise.
The Department may upon its own motion or upon the
complaint
of any person setting forth facts that if proven would constitute
grounds for refusal to issue or renew
or for suspension, revocation, or other disciplinary action
under this Act,
investigate
the
actions of a person applying for, holding, or claiming to hold a license. The
Department shall, before refusing to issue or renew, suspending,
revoking, or taking other disciplinary action regarding a
license or taking other discipline pursuant to Section 110 of this Act, and at
least 30 days prior to the date set for the hearing, notify in writing the
applicant or licensee of any charges made, shall afford
the applicant or licensee an opportunity to be heard in person or by counsel in
reference to the charges, and direct the applicant or licensee to file a
written
answer to the Department under oath within 20 days after the service of the
notice and inform the applicant or licensee that failure to file an answer will
result in default being taken against the applicant or licensee and that the
license may be suspended, revoked, placed on probationary status, or other
disciplinary action may be
taken, including limiting the scope, nature, or extent of practice, as the
Secretary may deem proper. Written notice may be served by: (1) personal delivery
to the applicant or licensee; (2) mailing the notice by registered or certified mail to
his or her address of record or to the place of business last
specified by the applicant or licensee in his or her last notification
to
the Department; or (3) sending notice via email to the applicant's or licensee's email address of record. If the person fails to file an answer after receiving
notice, his or her license may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status or the Department may take
whatever disciplinary action deemed proper, including limiting the scope,
nature, or extent of the person's practice or the imposition of a fine, without
a hearing, if the act or acts charged constitute sufficient grounds for such
action under this Act. At the time and place fixed in the notice, the
Department shall proceed to hearing of the charges and both the applicant or
licensee
and the complainant shall be afforded ample opportunity to present, in person
or by counsel, any statements, testimony, evidence, and arguments that may be
pertinent to the charges or to their defense. The Department may continue a
hearing from time to time.
If the Board is not sitting at the time and place fixed in the notice or
at the time and place to which the hearing shall have been continued, the
Department may continue the hearing for a period not to exceed 30 days.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/142) (Section scheduled to be repealed on January 1, 2028) Sec. 142. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and may not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary of the Department, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency may not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed by the Department against a licensee or applicant is a public record, except as otherwise prohibited by law.
(Source: P.A. 100-375, eff. 8-25-17.) |
(225 ILCS 2/145)
(Section scheduled to be repealed on January 1, 2028)
Sec. 145.
Formal hearing; preservation of record.
The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the refusal
to issue or renew a license or discipline of a
licensee. The
notice of hearing, complaint, and all other documents in the nature
of pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the hearing
officer, and order of the Department shall be the record of the
proceeding.
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/150)
(Section scheduled to be repealed on January 1, 2028)
Sec. 150.
Witnesses; production of documents; contempt.
Any circuit court may, upon application of the Department or its
designee or of the applicant or licensee against whom
proceedings
under Section 140 of this Act are pending, enter an order requiring
the attendance of witnesses and their testimony and the production
of documents, papers, files, books, and records in connection with
any hearing or investigation. The court may compel obedience to
its order by proceedings for contempt.
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/152)
(Section scheduled to be repealed on January 1, 2028)
Sec. 152. Certification of record. The Department shall not be required
to certify any record to the court, file any answer in court, or otherwise
appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Exhibits shall be certified without cost. Failure on the
part of the plaintiff to file a receipt in court shall be grounds for
dismissal of the action.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/154)
(Section scheduled to be repealed on January 1, 2028)
Sec. 154.
Compelling testimony.
Any circuit court may, upon application of
the Department or its designee or of the applicant or licensee against whom
proceedings pursuant to Section 140 of this Act are pending, enter an order
requiring the attendance of witnesses and their testimony, and the production
of documents, papers, files, books, and records in connection with any hearing
or investigation. The court may compel obedience to its order through
proceedings
for contempt.
(Source: P.A. 90-61, eff. 7-3-97.)
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(225 ILCS 2/155)
(Section scheduled to be repealed on January 1, 2028)
Sec. 155. Subpoena; oaths. The Department shall have power
to subpoena and bring before it any person in this State and to
take testimony either orally or by deposition or both with the same
fees and mileage and in the same manner as prescribed by law in
judicial proceedings in civil cases in circuit courts of this
State.
The Department shall also have the power to subpoena the production of
documents, papers, files, books, and records in connection with a hearing or
investigation.
The Secretary and the hearing officer
designated by the Secretary shall each have power to
administer oaths to witnesses at any hearing that the Department is
authorized to conduct under this Act and any other oaths required
or authorized to be administered by the Department under this Act.
(Source: P.A. 95-450, eff. 8-27-07.)
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(225 ILCS 2/160)
(Section scheduled to be repealed on January 1, 2028)
Sec. 160. Findings of facts, conclusions of law, and
recommendations. At the conclusion of the hearing, the Board
shall present to the Secretary a written report of its findings of
fact, conclusions of law, and recommendations. The report shall
contain a finding whether or not the accused person violated this
Act or failed to comply with the conditions required in this Act.
The Board shall specify the nature of the violation or failure
to comply and shall make its recommendations to the Secretary.
The report of findings of fact, conclusions of law, and
recommendations of the Board may be the basis of the
order of
the Department. If the Secretary
disagrees in any regard with the
report of the Board, the Secretary may issue an order in
contravention of the report. The finding is not admissible
in evidence against the person in a criminal prosecution brought
for the violation of this Act, but the hearing and findings are not
a bar to a criminal prosecution brought for the violation of this
Act.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/165)
(Section scheduled to be repealed on January 1, 2028)
Sec. 165. Hearing officer. The Secretary shall have the authority to
appoint any attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any action for
discipline of a license.
The hearing officer shall have full authority to conduct the hearing.
The hearing officer shall report his or her findings of fact, conclusions of
law, and recommendations to the Board and the Secretary. The Board shall review the report of the hearing officer
and to present its findings of fact, conclusions of law, and recommendations to
the Secretary.
(Source: P.A. 95-450, eff. 8-27-07.)
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(225 ILCS 2/170)
(Section scheduled to be repealed on January 1, 2028)
Sec. 170. Service of report; rehearing; order. In any case
involving the refusal to issue or renew a license or the discipline of a license, a copy of the Board's
report shall be served upon the respondent by the Department,
as provided in this Act for the service of the
notice of hearing. Within 20 days after the service, the
respondent may present to the Department a motion in writing for a
rehearing that shall specify the particular grounds for rehearing.
If no motion for rehearing is filed, then upon the expiration of
the time specified for filing such a motion, or if a motion for
rehearing is denied, then upon the denial the Secretary may enter an
order in accordance with recommendations of the Board, except as provided in Section 175 of this Act. If the respondent orders from
the reporting service and pays for a transcript of the record within
the time for filing a motion for rehearing, the 20-day period
within which the motion may be filed shall commence upon the
delivery of the transcript to the respondent.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/175)
(Section scheduled to be repealed on January 1, 2028)
Sec. 175. Substantial justice to be done; rehearing.
Whenever the Secretary is satisfied that substantial justice has not
been done in the revocation, suspension, or refusal to issue, restore, or renew a license,
or other discipline of an applicant or licensee, the Secretary may order a rehearing by the same or other examiners.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/180)
(Section scheduled to be repealed on January 1, 2028)
Sec. 180. Order or certified copy as prima facie proof. An
order or a certified copy thereof, over the seal of the Department
and purporting to be signed by the Secretary, shall be prima facie
proof:
(1) that the signature is the genuine signature of | ||
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(2) that such Secretary is duly appointed and | ||
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(3) that the Board and its members are qualified to | ||
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(Source: P.A. 95-450, eff. 8-27-07.)
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(225 ILCS 2/185)
(Section scheduled to be repealed on January 1, 2028)
Sec. 185.
Restoration of license.
At any time after
the
suspension or revocation of any license the Department may
restore
it to the accused person, unless after an investigation and a
hearing the Department determines that restoration is not in the
public interest.
Where circumstances of suspension or revocation so indicate, the Department
may require an examination of the accused person prior to restoring his or her
license.
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/190)
(Section scheduled to be repealed on January 1, 2028)
Sec. 190. Surrender of license. Upon the revocation
or suspension of any license, the licensee shall immediately surrender
the license certificate to the Department. If the licensee fails to do
so, the
Department shall have the right to seize the license certificate.
(Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/195)
(Section scheduled to be repealed on January 1, 2028)
Sec. 195. Imminent danger to public; temporary suspension.
The Secretary may temporarily suspend the license of an
acupuncturist without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in Section 140
of this Act, if the Secretary finds that evidence in his or her
possession indicates that continuation in practice would constitute
an imminent danger to the public. In the event that the Secretary
temporarily suspends a license without a hearing, a
hearing by the
Department must be held within 30 days after the suspension has
occurred and be concluded without appreciable delay.
(Source: P.A. 95-450, eff. 8-27-07.)
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(225 ILCS 2/200)
(Section scheduled to be repealed on January 1, 2028)
Sec. 200. Review under Administrative Review Law. All
final administrative decisions of the Department are subject to
judicial review under the Administrative Review Law and all rules adopted under the Administrative Review Law.
The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; however, if the party is not a resident of this State, the venue shall be Sangamon County. (Source: P.A. 100-375, eff. 8-25-17.)
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(225 ILCS 2/205)
Sec. 205.
(Repealed).
(Source: P.A. 89-706, eff. 1-31-97. Repealed by P.A. 90-61, eff. 7-3-97.)
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(225 ILCS 2/210)
(Section scheduled to be repealed on January 1, 2028)
Sec. 210.
Violations; penalties.
Any person who is found
to have violated any provision of this Act is guilty of a Class A
misdemeanor. On conviction of a second or subsequent offense the
violator shall be guilty of a Class 4 felony.
(Source: P.A. 89-706, eff. 1-31-97.)
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(225 ILCS 2/250)
Sec. 250.
(Amendatory provisions; text omitted).
(Source: P.A. 89-706, eff. 1-31-97; text omitted.)
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(225 ILCS 2/255)
Sec. 255.
(Amendatory provisions; text omitted).
(Source: P.A. 89-706, eff. 1-31-97; text omitted.)
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(225 ILCS 2/265)
Sec. 265.
(Amendatory provisions; text omitted).
(Source: P.A. 89-706, eff. 1-31-97; text omitted.)
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(225 ILCS 2/270)
Sec. 270.
(Amendatory provisions; text omitted).
(Source: P.A. 89-706, eff. 1-31-97; text omitted.)
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(225 ILCS 2/275)
Sec. 275.
(Amendatory provisions; text omitted).
(Source: P.A. 89-706, eff. 1-31-97; text omitted.)
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(225 ILCS 2/999)
(Section scheduled to be repealed on January 1, 2028)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 89-706, eff. 1-31-97.)
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