(225 ILCS 63/1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 1.
Short title.
This Act may be cited as the Naprapathic Practice Act.
(Source: P.A. 87-1231.)
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(225 ILCS 63/5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5.
Objects and purpose.
The practice of naprapathy 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 naprapathy as defined in this Act merit and receive the confidence
of the public, and that only qualified persons be authorized to practice
naprapathy in the State of Illinois. This Act shall be liberally construed to
best carry out these subjects and purposes.
(Source: P.A. 87-1231.)
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(225 ILCS 63/10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10. Definitions. In this Act:
"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 Naprapathy appointed by the Secretary. "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. "Naprapath" means a person who practices Naprapathy and who has met all
requirements as provided in the Act.
"Department" means the Department of Financial and Professional Regulation.
"Secretary" means the Secretary of Financial and Professional Regulation.
"Referral" means the following of guidance or direction to the naprapath
given by the licensed physician, dentist, or podiatric physician who maintains
supervision of the patient.
(Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/11) (Section scheduled to be repealed on January 1, 2028) Sec. 11. 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 | ||
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(Source: P.A. 102-880, eff. 1-1-23.) |
(225 ILCS 63/15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15. Practice of naprapathy defined; referrals. Naprapathic practice
means the identification, evaluation, and treatment of persons with connective tissue disorders through the
use of naprapathic case history and palpation or treatment of persons by the
use of connective tissue manipulation, therapeutic and rehabilitative exercise,
postural counseling, nutritional counseling, and the use of the effective
properties of physical measures of heat, cold, light, water, radiant energy,
electricity, sound and air, and assistive devices for the purpose of
preventing, correcting, or alleviating a physical disability.
Naprapathic practice includes, but is not limited to, the treatment of
contractures, muscle spasms, inflammation, scar tissue formation,
adhesions, lesions, laxity, hypotonicity, rigidity, structural imbalance,
bruising, contusions, muscular atrophy, and partial separation of
connective tissue fibers.
Naprapathic practice also includes: (a) performance of specialized tests
and measurements, (b) administration of specialized treatment procedures,
(c) interpretation of referrals from licensed physicians, dentists, and podiatric physicians, (d) establishment and modification of naprapathic treatment
programs, and (e) supervision or teaching of naprapathy.
Naprapathic practice does not include radiology, surgery, pharmacology, or
invasive diagnostic testing. A naprapath 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 qualified to
provide physical therapy or physiotherapy services. Nothing in this Section
shall limit a naprapath from employing appropriate naprapathic techniques
that he or she is educated and licensed to perform. A naprapath shall refer
to a licensed physician, dentist, or podiatric physician any patient whose medical
condition should, at the time of evaluation or treatment, be determined to be
beyond the scope of practice of the naprapath. A naprapath shall order additional screening if the patient does not demonstrate measurable or functional improvement after 6 visits and continued improvement thereafter. A naprapath shall refer a patient to the patient's treating health care professional of record or, in the case where there is no health care professional of record, to a health care professional of the patient's choice, if the patient's condition, at the time of evaluation or services, is determined to be beyond the scope of practice of the naprapath.
(Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/16)
Sec. 16.
(Repealed).
(Source: Repealed by P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/17)
(Section scheduled to be repealed on January 1, 2028)
Sec. 17. Educational and professional qualifications for licensure. A person may be qualified to receive a license as a naprapath if he
or she:
(1) is at least 21 years of age and of good moral | ||
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(2) for licenses granted on or before December 31, | ||
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(2.5) for licenses granted on or after January 1, | ||
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(3) has graduated from a curriculum in naprapathy | ||
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(4) has passed an examination approved by the | ||
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(5) has met all other requirements of the Act.
The Department has the right and may request a personal interview with an
applicant to further evaluate a person's qualifications
for a license.
(Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20.
Necessity of license.
No person shall practice or attempt
to practice naprapathy as defined in this Act without a valid license as
a naprapath issued by the Department.
(Source: P.A. 87-1231.)
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(225 ILCS 63/25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25. Title and designation of licensed naprapaths. Every person
to whom a valid existing license as a naprapath has been issued under this
Act shall be designated professionally a "naprapath", and not otherwise,
and any licensed naprapath may, in connection with the
practice of
his profession, use the title or designation of "naprapath", and, if
entitled by degree from a college or university recognized by the
Department, may use the title of "Doctor of
Naprapathy" or the abbreviation "D.N.". When the name of the licensed
naprapath is used professionally in oral, written, or
printed
announcements, professional cards, or publications for the information of
the public and is preceded by the title "Doctor" or the abbreviation
"Dr.", the explanatory designation of "naprapath", "naprapathy", "Doctor of
Naprapathy", or the designation "D.N." shall be added immediately following
title and name. When the announcement, professional cards, or
publication is in writing or in print, the explanatory addition shall be
in writing, type, or print not less than 1/2 the size of that used in the
name and title. No person other than the holder of a valid existing
license under this Act shall use the title and designation of "Doctor of
Naprapathy", "D.N.", or "naprapath", either directly or indirectly, in
connection with his or her profession or business.
A naprapath licensed under this Act shall not hold himself or herself
out as a Doctor of Chiropractic unless he or she is licensed as a Doctor of
Chiropractic under the Medical Practice Act of 1987 or any successor Act.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/30)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30.
Display of license.
Every holder of a license under this Act
shall display the license in a conspicuous place in the office or offices
where the holder practices naprapathy. Every licensee shall, whenever
requested, exhibit his or her license to any representative of the Department.
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/33)
(Section scheduled to be repealed on January 1, 2028)
Sec. 33.
Records of examinations and treatments.
Every
licensed naprapath
shall keep a record of naprapathic examinations and treatments made that shall
include the names of persons examined and treated. The record shall be signed
by the licensed naprapath and retained by him or her in the office in which the
professional service was rendered. The records shall be preserved by the
naprapath for a period of 3 years from the date on which the professional
service was rendered. A copy of the records shall be provided, upon written
request, to the person examined and treated or his or her designee.
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/35)
Sec. 35.
(Repealed).
(Source: Repealed by P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/36) (Section scheduled to be repealed on January 1, 2028) Sec. 36. Board of Naprapathy. The Secretary shall appoint a Board of Naprapathy 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 naprapathy, one member shall be a physician licensed under the Medical Practice Act of 1987, one member shall be an acupuncturist licensed under the Acupuncture Practice Act, and one member of the public. 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 the 102nd General Assembly. 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 shall reasonably reflect the demographic diversity of the State as well as 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 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. 102-880, eff. 1-1-23.) |
(225 ILCS 63/40)
(Section scheduled to be repealed on January 1, 2028)
Sec. 40.
Permitted activities.
This Act does not prohibit any of the
following:
(a) Any person licensed in this State under any other Act from engaging
in the practice for which he or she is licensed.
(b) The practice of naprapathy by a person who is employed by the United
States government or any business, division, or agency thereof while in the
discharge of the employee's official duties.
(c) The practice of naprapathy that is included in a program of
study by students enrolled in schools of naprapathy or in refresher courses
as defined by rule of the Department.
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 45. Powers and duties of the Department; rules; reports. The
Department shall exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois for the administration of licensing Acts
and shall exercise any other powers and duties necessary for effectuating
the purposes of this Act.
The Department may promulgate rules consistent with
the provisions of
this Act for its administration and enforcement and may prescribe
forms which shall be issued in connection with this Act. The rules may
include standards and criteria for licensure, and professional conduct
and discipline.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/50)
Sec. 50. (Repealed).
(Source: P.A. 92-655, eff. 7-16-02. Repealed by P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/55)
(Section scheduled to be repealed on January 1, 2028)
Sec. 55.
Applications for licenses.
Applications for original
licenses 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. Any application shall require the information that in the judgment
of the Department will enable the Department to pass on the qualifications of
the applicant for a license.
(Source: P.A. 87-1231.)
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(225 ILCS 63/57)
(Section scheduled to be repealed on January 1, 2028)
Sec. 57. Social Security Number on license application. In addition
to any other information required to be contained in the application, every
application for an original license under
this
Act shall include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.
Every application for a renewal or restored license shall require the applicant's customer identification number. (Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/60)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60.
Examination of applicants; neglect, failure or refusal to take
examination. The Department shall authorize examinations of applicants as
naprapaths at such times and places as it may determine. The examination of
applicants shall be of a character to give a fair test of the qualifications of
the applicant to practice naprapathy.
If an applicant neglects, fails, or refuses to take an examination or
fails to pass an examination for a license under this Act within 3 years
after filing his or her application, the application shall be denied.
The applicant, however, may thereafter make a new application for examination
accompanied by the required fee, and must furnish proof of meeting
qualifications for licensure in effect at the time of new
application.
An applicant shall have one year from the date of notification of successful
completion of all the examination requirements to apply to the Department
for a license. If an applicant fails to apply within one year the applicant
shall be required to again take and pass the examination.
The Department may employ consultants for the purpose of preparing and
conducting examinations.
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/65)
Sec. 65. (Repealed).
(Source: P.A. 91-419, eff. 8-6-99. Repealed by P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/66) (Section scheduled to be repealed on January 1, 2028) Sec. 66. 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 naprapath. (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 63/70)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70. Renewal, reinstatement or restoration of licenses; military
service. The expiration date and renewal period for each license issued
under this Act shall be set by rule.
All renewal applicants shall provide proof of having met the requirements
of continuing education set forth in the rules of the Department. The
Department shall, by rule, provide for an orderly process for the
reinstatement of licenses that have not been renewed due to failure to
meet the continuing education requirements. The continuing education
requirements may be waived in cases of extreme hardship as defined by rules
of the Department.
Any naprapath who has permitted his or her license to expire or who has
had his or her license on inactive status may have his or her license restored
by making application to the Department and filing proof acceptable to the
Department of fitness to have the license restored and by paying the required
fees. Proof of fitness may include sworn evidence certifying to active lawful
practice in another jurisdiction.
If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, then the Department shall determine, by an evaluation program established by
rule, fitness for restoration of the license and shall establish
procedures and requirements for restoration.
Any naprapath whose license expired while he or she was (i) in
federal service on active duty with the Armed Forces of the United States or
the
State Militia called into service or training or (ii) 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 to the effect that he or she has been
so engaged and that his or her service, training, or education has been so
terminated.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/75)
(Section scheduled to be repealed on January 1, 2028)
Sec. 75.
Inactive status.
Any naprapath who notifies the Department
in writing on forms prescribed by the Department may elect to place his or her
license on an inactive status and shall be excused from payment of renewal
fees until he or she notifies the Department in writing of intent to
restore his or her license.
Any naprapath requesting restoration from inactive status shall be
required to pay the current renewal fee and shall be required to restore his or
her license, as provided by rule of the Department.
Any naprapath whose license is on inactive status shall not practice
naprapathy in the State of Illinois.
Any licensee who shall practice while his or her license is lapsed or on
inactive status shall be considered to be practicing without a license
which shall be grounds for discipline under subsection (a) of Section 110 of
this Act.
(Source: P.A. 87-1231.)
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(225 ILCS 63/80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 80.
Endorsement.
The Department may, in its discretion, license as a
naprapath, without examination, an applicant who is so licensed under the laws
of another state, territory or jurisdiction, if the requirements for licensure
in the jurisdiction in which the applicant was licensed were, at the date of
licensure, substantially equivalent to the requirements then in force in this
State; or if the applicant possesses individual qualifications and skills that
demonstrate substantial equivalence to current Illinois requirements.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years, the
application shall be denied, the fee forfeited, and the applicant must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/85)
(Section scheduled to be repealed on January 1, 2028)
Sec. 85. Fees.
(a) 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, fines, and penalties 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.
(b) An applicant for the examination
shall be required to pay, either to the Department or to the designated testing
service, a fee covering the cost of initial screening to determine an
applicant's eligibility and
providing the examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the applicant's
application for examination has been received and
acknowledged by the
Department or the designated testing service, shall result in the forfeiture of
the examination fee.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/95)
Sec. 95. (Repealed).
(Source: P.A. 97-778, eff. 7-13-12. Repealed by P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/100)
(Section scheduled to be repealed on January 1, 2028)
Sec. 100. Advertising.
(a) Any person licensed under this Act may
advertise the availability of professional services in the public media or
on the premises where professional services are rendered if the advertising
is truthful and not misleading and is in conformity with any rules
promulgated
by the Department.
(b) A licensee shall include in every advertisement for services regulated
under
this Act his or her title as it appears on the license or the initials
authorized under this Act. Advertisements shall not include false, fraudulent, deceptive, or misleading material or guarantees of success.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/105)
(Section scheduled to be repealed on January 1, 2028)
Sec. 105.
Professional service corporations.
Nothing in this Act shall
restrict registrants from forming professional service corporations under the
provisions of the Professional Service Corporation Act.
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/110)
(Section scheduled to be repealed on January 1, 2028)
Sec. 110. Grounds for disciplinary action; refusal, revocation,
suspension. (a) The Department may refuse to issue or to renew, or may revoke, suspend,
place on probation, reprimand or take other disciplinary or non-disciplinary action as
the
Department may deem appropriate, including imposing fines not to exceed $10,000 for each
violation, with regard to any licensee or license for any one or
combination of
the
following causes:
(1) Violations of this Act or of rules adopted under | ||
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(2) Making a material misstatement in furnishing | ||
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(3) Conviction by plea of guilty or nolo contendere, | ||
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(4) Fraud or any misrepresentation in applying for or | ||
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(5) Professional incompetence or gross negligence.
(6) Malpractice.
(7) Aiding or assisting another person in violating | ||
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(8) Failing to provide information within 60 days in | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Habitual or excessive use or abuse of drugs | ||
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(11) Discipline by another U.S. jurisdiction or | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) Using the title "Doctor" or its abbreviation | ||
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(14) A finding by the Department that the licensee, | ||
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(15) Abandonment of a patient without cause.
(16) Willfully making or filing false records or | ||
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(17) Willfully failing to report an instance of | ||
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(18) Physical or mental illness or disability, | ||
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(19) Solicitation of professional services by means | ||
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(20) Failure to provide a patient with a copy of his | ||
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(21) Cheating on or attempting to subvert the | ||
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(22) Allowing one's license under this Act to be used | ||
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(23) (Blank).
(24) Being named as a perpetrator in an indicated | ||
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(25) Practicing under a false or, except as provided | ||
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(26) Immoral conduct in the commission of any act, | ||
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(27) Maintaining a professional relationship with any | ||
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(28) Promotion of the sale of food supplements, | ||
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(29) Having treated ailments of human beings other | ||
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(30) Use by a registered naprapath of the word | ||
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(31) Continuance of a naprapath in the employ of any | ||
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(32) The performance of naprapathic service in | ||
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(33) Failure to provide satisfactory proof of having | ||
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(34) (Blank).
(35) Gross or willful overcharging for professional | ||
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(36) (Blank).
All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine, unless an alternate payment schedule has been agreed upon in writing. (b) A person not licensed under this Act and engaged in the business of offering naprapathy services through others, shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to practice naprapathy contrary to any rules or provisions of this Act. A person violating this subsection (b) shall be treated as a licensee for the purposes of disciplinary action under this Section and shall be subject to cease and desist orders as provided in Section 90 of this Act. (b-5) The Department may refuse to issue or may suspend the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois. (c) (Blank). (d) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (e) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension shall end only upon a finding by a 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. (f) In enforcing this Act, 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 or Board 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 Board or 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. The examination shall be performed by a physician under the Medical Practice Act of 1987. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing. A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment. 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 15 days after the suspension and completed without appreciable delay. The Department and the 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. 102-880, eff. 1-1-23.)
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(225 ILCS 63/113) (Section scheduled to be repealed on January 1, 2028) Sec. 113. 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 63/115)
(Section scheduled to be repealed on January 1, 2028)
Sec. 115. Returned checks; fines. Any person who delivers a check or other
payment to the Department that is returned to the Department
unpaid by the
financial institution upon which it is drawn shall pay to the Department, in
addition to the amount
already owed to the Department, a fine of $50. The fines
imposed by this Section
are in addition to any other discipline provided
under this Act for unlicensed practice or practice on a nonrenewed
license. The Department
shall notify the person that fees and fines shall be paid to the
Department by certified check or money order
within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance,
the Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or
certificate,
he or she shall apply to the Department for restoration or
issuance of the
license or certificate and pay all fees and fines due to the
Department. The Department may establish a
fee for the processing of an application for restoration of a license or
certificate to defray all expenses of processing
the application. The Secretary may waive the fines
due under
this Section in
individual cases where the Secretary finds that the fines would be unreasonable
or
unnecessarily burdensome.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/120)
(Section scheduled to be repealed on January 1, 2028)
Sec. 120. Injunctions; cease and desist orders.
(a) If any person violates the provision 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 of any county in which
the violation is alleged to have occurred, petition for an order enjoining the violation or for an
order enforcing compliance with this Act. Upon the filing of a verified
petition in court, the court may issue a temporary restraining order, without
notice or bond, 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) If any person practices as a naprapath or holds himself or herself out
as a naprapath without being licensed under the provisions of this Act then any
licensed naprapath, 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.
(c) Whenever in the opinion of the Department any person violates any
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
provide a period of 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.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/123)
(Section scheduled to be repealed on January 1, 2028)
Sec. 123. Violation; penalty. Whoever knowingly practices or offers to
practice naprapathy 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 63/125)
(Section scheduled to be repealed on January 1, 2028)
Sec. 125. Investigation; notice; hearing. The Department may investigate
the actions of any applicant or of any person or persons holding or claiming to
hold a license. Before refusing to issue, refusing to renew, or taking any
disciplinary action under Section 110 regarding a license, the Department shall, at least 30 days
prior to the date set for the hearing, notify in writing the applicant for, or
holder of, a license of the nature of any charges and that a hearing will be
held on a date designated. The Department shall direct the applicant or
licensee to file a written answer with 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 shall result in default being taken against the
applicant or licensee. At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue the hearing from time to time. If the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Department, be revoked, suspended, or placed on probationary status or the Department may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice under the Act. 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. The written notice in the subsequent proceeding may be served by U.S. mail or email to the licensee's address or email address of record.
(Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/130)
(Section scheduled to be repealed on January 1, 2028)
Sec. 130. Formal hearing; preservation of record. The Department, at
its expense, shall preserve a record of all proceedings at the formal hearing
of any case. 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, and
order of the Department shall be the record of the proceeding.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/135)
(Section scheduled to be repealed on January 1, 2028)
Sec. 135.
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 125 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. 87-1231.)
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(225 ILCS 63/140)
(Section scheduled to be repealed on January 1, 2028)
Sec. 140. Subpoena; oaths. (a) The Department may
subpoena and bring before it any person in this State and to take the oral or written testimony
or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department with the same fees and mileage and in
the same manner as prescribed in civil cases in
circuit courts of this State.
(b) The Secretary, the hearing officer, and a certified shorthand court reporter may administer oaths at any hearing that the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Act. (c) Any circuit
court, upon application of the Department or licensee, may order the attendance and testimony of witnesses and
the production of relevant 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. 97-778, eff. 7-13-12.)
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(225 ILCS 63/145)
(Section scheduled to be repealed on January 1, 2028)
Sec. 145. 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 shall be the basis for the Department's order refusing to issue, restore, or renew a license, or otherwise disciplining a licensee. If the
Secretary disagrees in any regard with the report of the Board, the Secretary
may issue an order in contravention of the Board recommendations. 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. 102-880, eff. 1-1-23.)
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(225 ILCS 63/150)
(Section scheduled to be repealed on January 1, 2028)
Sec. 150. 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 Departmental refusal to issue, renew, or license an
applicant, or disciplinary action against a licensee. 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 present its findings of fact, conclusions of law, and recommendations to the Secretary.
(Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/155)
(Section scheduled to be repealed on January 1, 2028)
Sec. 155. Service of report; rehearing; order. In any case involving the refusal to issue or renew or the
discipline of a license, a copy of the Board's report shall be served upon
the respondent by the Department, either personally or 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 a
motion, or if a motion for rehearing is denied, then upon the denial the Secretary
may enter an order in accordance with 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 calendar day period
within which the
motion may be filed shall commence upon the delivery of the transcript to the
respondent.
(Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/160)
(Section scheduled to be repealed on January 1, 2028)
Sec. 160. 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 or renew a license, the Secretary
may order a rehearing by the same or another hearing officer.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/165)
(Section scheduled to be repealed on January 1, 2028)
Sec. 165. 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:
(a) that the signature is the genuine signature of | ||
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(b) that such Secretary is duly appointed and | ||
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(c) that the Board and its members are qualified to | ||
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(Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/170)
(Section scheduled to be repealed on January 1, 2028)
Sec. 170. Restoration of license. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee, unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest or that the licensee has not been sufficiently rehabilitated to warrant the public trust. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/175)
(Section scheduled to be repealed on January 1, 2028)
Sec. 175.
Surrender of license.
Upon the revocation or suspension of
any license, the licensee shall immediately surrender the license to the
Department. If the licensee fails to do so, the Department shall have
the right to seize the license.
(Source: P.A. 87-1231.)
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(225 ILCS 63/180)
(Section scheduled to be repealed on January 1, 2028)
Sec. 180. Imminent danger to public; summary suspension.
The Secretary
may summarily suspend the license of a naprapath
without a
hearing, simultaneously with the institution of proceedings for a hearing
provided for in this Act, if the Secretary finds that
evidence indicates that continuation in practice
would
constitute an imminent danger to the public. In the event that the Secretary
summarily suspends a license without a hearing, a
hearing shall
be commenced within 30 days after the suspension has
occurred and shall be concluded as expeditiously as possible.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/185)
(Section scheduled to be repealed on January 1, 2028)
Sec. 185.
Review under Administrative Review Law.
All final
administrative decisions of the Department are subject to judicial review
under the Administrative Review Law and its rules. The term
"administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/190)
(Section scheduled to be repealed on January 1, 2028)
Sec. 190.
The Department shall not be required to certify any record to
the Court or file any answer in court or otherwise appear in any court in a
judicial review proceeding, unless and until the Department receives from the plaintiff payment of the costs
of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff
to file a
receipt in court is grounds for dismissal of the action.
(Source: P.A. 102-880, eff. 1-1-23.)
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(225 ILCS 63/193) (Section scheduled to be repealed on January 1, 2028) Sec. 193. 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 shall not be disclosed. The Department may not disclose such information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 97-778, eff. 7-13-12.) |
(225 ILCS 63/195)
(Section scheduled to be repealed on January 1, 2028)
Sec. 195.
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. 87-1231.)
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(225 ILCS 63/200)
(Section scheduled to be repealed on January 1, 2028)
Sec. 200. Administrative Procedure Act. The Illinois Administrative
Procedure Act is expressly adopted and incorporated
in this Act
as if all of the provisions
of that Act were included in this Act, except that the provision of paragraph
(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, continuation, or
renewal of the license, is specifically excluded. For the purpose of this Act,
the notice required under Section 10-25 of the Administrative
Procedure Act is deemed sufficient when mailed to the last known address of record of a
party.
(Source: P.A. 97-778, eff. 7-13-12.)
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(225 ILCS 63/260)
(Section scheduled to be repealed on January 1, 2028)
Sec. 260.
This Act takes effect July 1, 1993.
(Source: P.A. 87-1231.)
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