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92_HB3708eng HB3708 Engrossed LRB9211070ACsb 1 AN ACT concerning dietetic and nutrition services. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Section 4.13 and adding Section 4.23 as follows: 6 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 7 Sec. 4.13. Acts repealed on December 31, 2002. The 8 following Acts are repealed on December 31, 2002: 9 The Environmental Health Practitioner Licensing Act. 10 The Naprapathic Practice Act. 11 The Wholesale Drug Distribution Licensing Act. 12The Dietetic and Nutrition Practice Act.13 The Funeral Directors and Embalmers Licensing Code. 14 The Professional Counselor and Clinical Professional 15 Counselor Licensing Act. 16 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 17 (5 ILCS 80/4.23 new) 18 Sec. 4.23. Act repealed on January 1, 2013. The 19 following Act is repealed on January 1, 2013: 20 The Dietetic and Nutrition Services Practice Act. 21 Section 10. The Dietetic and Nutrition Services 22 Practice Act is amended by changing Sections 10, 15, 15.5, 23 20, 30, 40, 45, 65, 70, 75, 80, and 95 and adding Section 56 24 as follows: 25 (225 ILCS 30/10) (from Ch. 111, par. 8401-10) 26 (Section scheduled to be repealed on December 31, 2002) 27 Sec. 10. Definitions. As used in this Act: 28 "Board" means the Dietitian NutritionistDietetic andHB3708 Engrossed -2- LRB9211070ACsb 1Nutrition ServicesPractice Board appointed by the Director. 2 "Department" means the Department of Professional 3 Regulation. 4 "Dietetics" means the integration and application of 5 principles derived from the sciences of food and nutrition to 6 provide for all aspects of nutrition care for individuals and 7 groups, including, but not limited to nutrition services and 8 medical nutrition therapycareas defined in this Act. 9 "Director" means the Director of the Department of 10 Professional Regulation. 11"Licensed dietitian" means a person licensed under12Section 45 of this Act to practice dietetics. Activities of a13licensed dietitian do not include the medical differential14diagnoses of the health status of an individual.15"Licensed nutrition counselor" means a person licensed16under Section 50 of this Act to provide any aspect of17nutrition services as defined in this Act. Activities of a18licensed nutrition counselor do not include medical nutrition19care as defined in this Act or the medical differential20diagnoses of the health status of an individual.21 "Licensed dietitian nutritionist" means a person licensed 22 under this Act to practice dietetics and nutrition services, 23 including medical nutrition therapy. Activities of a 24 licensed dietitian nutritionist do not include the medical 25 differential diagnosis of the health status of an individual. 26 "Medical nutrition therapycare" means the component of 27 nutrition care that deals with: 28 (a) interpreting and recommending nutrient needs 29 relative to medically prescribed diets, including, but 30 not limited to tube feedings, specialized intravenous 31 solutions, and specialized oral feedings; 32 (b) food and prescription drug interactions; and 33 (c) developing and managing food service operations 34 whose chief function is nutrition care and provision of HB3708 Engrossed -3- LRB9211070ACsb 1 medically prescribed diets. 2 "Medically prescribed diet" means a diet prescribed when 3 specific food or nutrient levels need to be monitored, 4 altered, or both as a component of a treatment program for an 5 individual whose health status is impaired or at risk due to 6 disease, injury, or surgery and may only be performed as 7 initiated by or in consultation with a physician licensed to 8 practice medicine in all of its branches. 9 "Nutrition assessment" means the evaluation of the 10 nutrition needs of individuals or groups using appropriate 11 data to determine nutrient needs or status and make 12 appropriate nutrition recommendations. 13 "Nutrition counseling" means advising and assisting 14 individuals or groups on appropriate nutrition intake by 15 integrating information from the nutrition assessment. 16 "Nutrition services for individuals and groups" shall 17 include, but is not limited to, all of the following; 18 (a) Providing nutrition assessments relative to 19 preventive maintenance or restorative care. 20 (b) Providing nutrition education and nutrition 21 counseling as components of preventive maintenance or 22 restorative care. 23 (c) Developing and managing systems whose chief 24 function is nutrition care. Nutrition services for 25 individuals and groups does not include medical nutrition 26 therapycareas defined in this Act. 27 "Practice experience" means a preprofessional, 28 documented, supervised practice in dietetics or nutrition 29 services that is acceptable to the Department in compliance 30 with requirements for licensure, as specified in Sections 45 31 and 50. It may be or may include a documented, supervised 32 practice experience which is a component of the educational 33 requirements for licensure, as specified in Section 45 or 50. 34 "Registered dietitian" means an individual registered HB3708 Engrossed -4- LRB9211070ACsb 1 with the Commission on Dietetic Registration, the accrediting 2 body for the American Dietetic Association. 3 "Restorative" means the component of nutrition care that 4 deals with oral dietary needs for individuals and groups. 5 Activities shall relate to the metabolism of food and the 6 requirements for nutrients, including dietary supplements for 7 growth, development, maintenance, or attainment of optimal 8 health. 9 (Source: P.A. 87-784; 87-1000.) 10 (225 ILCS 30/15) (from Ch. 111, par. 8401-15) 11 (Section scheduled to be repealed on December 31, 2002) 12 Sec. 15. License required. 13 (a) No person may engage for remuneration in nutrition 14 services practice or hold himself or herself out as a 15 licensed dietitian nutritionistnutrition counselorunless 16 the person is licensed in accordance with this Act or meets 17 one or more of the following criteria: 18 (1) The person is licensed in this State under any 19 other Act that authorizes the person to provide these 20 services. 21 (2) The person is licensed to practice nutrition 22 under the law of another state, territory of the United 23 States, or country and has applied in writing to the 24 Department in form and substance satisfactory to the 25 Department for a license as a dietitian nutritionist 26 until (i) the expiration of 6 months after filing the 27 written application, (ii) the withdrawal of the 28 application, or (iii) the denial of the application by 29 the Department. 30 (b) No person shall practice dietetics, as defined in 31 this Act, or hold himself or herself out as a licensed 32 dietitian nutritionist unless that person is so licensed 33 under this Act or meets one or more of the following HB3708 Engrossed -5- LRB9211070ACsb 1 criteria: 2 (1) The person is licensed in this State under any 3 other Act that authorizes the person to provide these 4 services. 5 (2) The person is a dietary technical support 6 person, working in a hospital setting or a regulated 7 Department of Public Health or Department on Aging 8 facility or program, who has been trained and is 9 supervised while engaged in the practice of dietetics by 10 a licensed dietitian nutritionist in accordance with this 11 Act and whose services are retained by that facility or 12 program on a full time or regular, ongoing consultant 13 basis. 14 (3) The person isa dietitianlicensed to practice 15 dietetics under the law of another state, territory of 16 the United States, or country, or is a registered 17 dietitian, who has applied in writing to the Department 18 in form and substance satisfactory to the Department for 19 a license as a dietitian nutritionist until (i) the 20 expiration of 6 months after the filing the written 21 application, (ii) the withdrawal of the application, or 22 (iii) the denial of the application by the Department. 23 (c) No person shall practice dietetics or nutrition 24 services, as defined in this Act, or hold himself or herself 25 out as a licensed dietitian nutritionist, a dietitian, a 26 nutritionist, or a nutrition counselor unless the person is 27 licensed in accordance with this Act. 28 (Source: P.A. 89-474, eff. 6-18-96.) 29 (225 ILCS 30/15.5) 30 (Section scheduled to be repealed on December 31, 2002) 31 Sec. 15.5. Unlicensed practice; violation; civil 32 penalty. 33 (a) Any person who practices, offers to practice, HB3708 Engrossed -6- LRB9211070ACsb 1 attempts to practice, or holds oneself out to practice 2 dietetics or nutrition servicescounselingwithout being 3 licensed under this Act shall, in addition to any other 4 penalty provided by law, pay a civil penalty to the 5 Department in an amount not to exceed $5,000 for each offense 6 as determined by the Department. The civil penalty shall be 7 assessed by the Department after a hearing is held in 8 accordance with the provisions set forth in this Act 9 regarding the provision of a hearing for the discipline of a 10 licensee. 11 (b) The Department has the authority and power to 12 investigate any and all unlicensed activity. 13 (c) The civil penalty shall be paid within 60 days after 14 the effective date of the order imposing the civil penalty. 15 The order shall constitute a judgment and may be filed and 16 execution had thereon in the same manner as any judgment from 17 any court of record. 18 (Source: P.A. 89-474, eff. 6-18-96.) 19 (225 ILCS 30/20) (from Ch. 111, par. 8401-20) 20 (Section scheduled to be repealed on December 31, 2002) 21 Sec. 20. Exemptions. This Act does not prohibit or 22 restrict: 23 (a) Any person licensed in this State under any other 24 Act from engaging in the practice for which he or she is 25 licensed. 26 (b) The practice of dietetics or nutrition services by a 27 person who is employed by the United States or State 28 government or any of its bureaus, divisions, or agencies 29 while in the discharge of the employee's official duties. 30 (c) The practice of nutrition services by a person 31 employed as a cooperative extension home economist, to the 32 extent the activities are part of his or her employment. 33 (d) The practice of nutrition services or dietetics by a HB3708 Engrossed -7- LRB9211070ACsb 1 person pursuing a course of study leading to a degree in 2 dietetics, nutrition or an equivalent major, as authorized by 3 the Department, from a regionally accredited school or 4 program, if the activities and services constitute a part of 5 a supervised course of study and if the person is designated 6 by a title that clearly indicates the person's status as a 7 student or trainee. 8 (e) The practice of nutrition services or dietetics by a 9 person fulfilling the supervised practice experience 10 component of Sections 45 or 50, if the activities and 11 services constitute a part of the experience necessary to 12 meet the requirements of Section 45 or 50. 13 (f) A person from providing oral nutrition information 14 as an operator or employee of a health food store or business 15 that sells health products, including dietary supplements, 16 food, or food materials, or disseminating written nutrition 17 information in connection with the marketing and distribution 18 of those products. 19 (g) The practice of nutrition services by an educator 20 who is in the employ of a nonprofit organization, as 21 authorized by the Department, a federal state, county, or 22 municipal agency, or other political subdivision; an 23 elementary or secondary school; or a regionally accredited 24 institution of higher education, as long as the activities 25 and services of the educator are part of his or her 26 employment. 27 (h) The practice of nutrition services by any person who 28 provides weight control services, provided the nutrition 29 program has been reviewed by, consultation is available from, 30 and no program change can be initiated without prior approval 31 by an individual licensed under this Act, an individual 32 licensed to practice dietetics or nutrition servicesa33dietitian or nutrition counselor licensedin another state 34 that has licensure requirements considered by the Department HB3708 Engrossed -8- LRB9211070ACsb 1 to be at least as stringent as the requirements for licensure 2 under this Act, or a registered dietitian. 3 (i) The practice of nutrition services or dietetics by 4 any person with a masters or doctorate degree with a major in 5 nutrition or equivalent from a regionally accredited school 6 recognized by the Department for the purpose of education and 7 research. 8 (j) Any person certified in this State and who is 9 employed by a facility or program regulated by the State of 10 Illinois from engaging in the practice for which he or she is 11 certified and authorized by the Department. 12 (k) The practice of nutrition services by a graduate of 13 a 2 year associate program or a 4 year baccalaureate program 14 from a school or program accredited at the time of graduation 15 by the appropriate accrediting agency recognized by the 16 Council on Higher EducationPostsecondaryAccreditation and 17 the United States Department of Education with a major in 18 human nutrition, food and nutrition or its equivalent, as 19 authorized by the Department, who is directly supervised by 20 an individual licensed under this Act. 21 (l) Providing nutrition information as an employee of a 22 nursing facility operated exclusively by and for those 23 relying upon spiritual means through prayer alone for healing 24 in accordance with the tenets and practices of a recognized 25 church or religious denomination. 26 The provisions of this Act shall not be construed to 27 prohibit or limit any person from the free dissemination of 28 information, from conducting a class or seminar, or from 29 giving a speech related to nutrition if that person does not 30 hold himself or herself out as a licensed nutrition counselor 31 or licensed dietitian in a manner prohibited by Section 15. 32 (Source: P.A. 87-784; 87-1000.) 33 (225 ILCS 30/30) (from Ch. 111, par. 8401-30) HB3708 Engrossed -9- LRB9211070ACsb 1 (Section scheduled to be repealed on December 31, 2002) 2 Sec. 30. Practice Board. The Director shall appoint a 3 Dietitian NutritionistDietetic and Nutrition Services4 Practice Board as follows: 7Sevenindividuals who shall be 5 appointed by and shall serve in an advisory capacity to the 6 Director. Of these 7 individuals, 4 members must be licensed 7 under this Actand currently engaged in the practice of8dietetics or nutrition services in the State of Illinois and9must have been doing so for a minimum of 3 years, 2 of whom10shall be licensed dietitians who are not also licensed as11nutrition counselors under this Act and 2 of whom shall be12licensed nutrition counselors who are not also licensed13dietitians under this Act; one member must be a physician 14 licensed to practice medicine in all of its branches; one 15 member must be a licensed professional nurse; and one member 16 must be a public member not licensed under this Act. 17 Members shall serve 3 year terms and until their 18 successors are appointed and qualified, except the terms of 19 the initial appointments.The initial appointments shall be20served as follows: 2 members shall be appointed to serve for21one year, 2 shall be appointed to serve for 2 years, and the22remaining members shall be appointed to serve for 3 years and23until their successors are appointed and qualified.No 24 member shall be reappointed to the Board for a term that 25 would cause his or her continuous service on the Board to be 26 longer than 8 years. Appointments to fill vacancies shall be 27 made in the same manner as original appointments, for the 28 unexpired portion of the vacated term. Initial terms shall 29 begin upon the effective date of this Act and Board members 30 in office on that date shall be appointed to specific terms 31 as indicated in this Section. 32 The membership of the Board shall reasonably represent 33 all the geographic areas in this State. Any time there is a 34 vacancy on the Board, any professional association composed HB3708 Engrossed -10- LRB9211070ACsb 1 of persons licensed under this Act may recommend licensees to 2 fill the vacancy to the Board for the appointment of 3 licensees, the organization representing the largest number 4 of licensed physicians for the appointment of physicians to 5 the Board, and the organization representing the largest 6 number of licensed professional nurses for the appointment of 7 a nurse to the Board. 8 Members of the Board shall have no liability in any 9 action based upon any disciplinary proceeding or other 10 activity performed in good faith as members of the Board. 11 The Director shall have the authority to remove any 12 member of the Board from office for neglect of any duty 13 required by law or for incompetency or unprofessional or 14 dishonorable conduct. 15 The Director shall consider the recommendation of the 16 Board on questions of standards of professional conduct, 17 discipline, and qualifications of candidates or licensees 18 under this Act. 19 (Source: P.A. 87-784; 87-1000.) 20 (225 ILCS 30/40) (from Ch. 111, par. 8401-40) 21 (Section scheduled to be repealed on December 31, 2002) 22 Sec. 40. Examinations. The Department shall authorize 23 examinations of applicants for a license under this Actas24dietitians or nutrition counselorsat the times and places 25 that it may determine. The examination of applicants shall 26 be of a character to give a fair test of the qualifications 27 of the applicant to practice dietetics and nutrition 28 services. The Department or its designated testing service 29 shall provide initial screening to determine eligibility of 30 applicants for examination. 31 Applicants for examinationas dietitians or nutrition32counselorsshall be required to pay, either to the Department 33 or the designated testing service, a fee covering the cost of HB3708 Engrossed -11- LRB9211070ACsb 1 providing the examination. Failure to appear for the 2 examination on the scheduled date, at the time and place 3 specified, after the applicant's application for examination 4 has been received and acknowledged by the Department or the 5 designated testing service, shall result in the forfeiture of 6 the examination fee. 7 If an applicant neglects, fails, or refuses to take an 8 examination or fails to pass an examination for a license 9 under this Act within 3 years after filing an application, 10 the application shall be denied. However, the applicant may 11 thereafter make a new application accompanied by the required 12 fee and shall meet the requirements for licensure in force at 13 the time of making the new application. 14 The Department may employ consultants for the purpose of 15 preparing and conducting examinations. 16 (Source: P.A. 87-784; 87-1000.) 17 (225 ILCS 30/45) (from Ch. 111, par. 8401-45) 18 (Section scheduled to be repealed on December 31, 2002) 19 Sec. 45. Dietitian nutritionist; qualifications. A 20 person shall be qualified for licensure as a dietitian 21 nutritionist if that person meets all of the following 22 requirements: 23 (a) Has applied in writing in form and substance 24 acceptable to the Department and possesses a baccalaureate 25 degree or post baccalaureate degree in human nutrition, foods 26 and nutrition, dietetics, food systems management, nutrition 27 education, or an equivalent major course of study as 28 recommended by the Board and approved by the Department from 29 a school or program accredited at the time of graduation from 30 the appropriate regional accrediting agency recognized by the 31 Council on Higher EducationPost-secondaryAccreditation and 32 the United States Department of Education. 33 (b) Has successfully completed the examination HB3708 Engrossed -12- LRB9211070ACsb 1 authorized by the Department which may be or may include an 2 examination given by the Commission on Dietetic Registration. 3 The Department shall establish by rule a waiver of the 4 examination requirement to applicants who, at the time of 5 application, are acknowledged to be registered dietitians by 6 the Commission on Dietetic Registration and who are in 7 compliance with other qualifications as included in the Act. 8 (c) Has completed a dietetic internship or documented, 9 supervised practice experience in dietetics and nutrition 10 services of not less than 900 hours under the supervision of 11 a registered dietitian or a licensed dietitian nutritionist, 12 a State licensed healthcare practitioner, or an individual 13 with a doctoral degree conferred by a U.S. regionally 14 accredited college or university with a major course of study 15 in human nutrition, nutrition education, food and nutrition, 16 dietetics or food systems management. Supervised practice 17 experience must be completed in the United States or its 18 territories. Supervisors who obtained their doctoral degree 19 outside the United States and its territories must have their 20 degrees validated as equivalent to the doctoral degree 21 conferred by a U.S. regionally accredited college or 22 university. 23 (Source: P.A. 87-784; 87-1000.) 24 (225 ILCS 30/56 new) 25 (Section scheduled to be repealed on January 1, 2013) 26 Sec. 56. Transition. Beginning November 1, 2003, the 27 Department shall cease to issue a license as a dietitian or a 28 nutrition counselor. Any person holding a valid license as a 29 dietitian or nutrition counselor prior to November 1, 2003 30 and having met the conditions for renewal of a license under 31 Section 65 of this Act, shall be issued a license as a 32 dietitian nutritionist under this Act and shall be subject to 33 continued regulation by the Department under this Act. The HB3708 Engrossed -13- LRB9211070ACsb 1 Department may adopt rules to implement this Section. 2 (225 ILCS 30/65) (from Ch. 111, par. 8401-65) 3 (Section scheduled to be repealed on December 31, 2002) 4 Sec. 65. Expiration and renewal dates. The expiration 5 date and renewal period for each license issued under this 6 Act shall be set by rule. 7 As a condition for renewal of a license that expires on 8 October 31, 2003, a licensed nutrition counselor shall be 9 required to complete and submit to the Department proof of 30 10 hours of continuing education in dietetics or nutrition 11 services during the 24 months preceding the expiration date 12 of the license in accordance with rules established by the 13 Department. A minimum of 24 hours of the required 30 hours 14 of continuing education shall be in medical nutrition 15 therapy, which shall include diet therapy, medical dietetics, 16 clinical nutrition, or the equivalent, as provided by 17 continuing education sponsors approved by the Department. 18 The Department may adopt rules to implement this Section. 19 As a condition for renewal of a license, the licensee 20 shall be required to complete 30 hours of continuing 21 education in dietetics or nutrition services during the 24 22 months preceding the expiration date of the license in 23 accordance with rules established by the Department. The 24 continuing education shall be in courses approved by the 25 Commission on Dietetic Registration or in courses taken from 26 a sponsor approved by the Department. A sponsor shall be 27 required to file an application, meet the requirements set 28 forth in the rules of the Department, and pay the appropriate 29 fee. The requirements for continuing education may be waived, 30 in whole or in part, in cases of extreme hardship as defined 31 by rule of the Department. The Department shall provide an 32 orderly process for the reinstatement of licenses that have 33 not been renewed due to the failure to meet the continuing HB3708 Engrossed -14- LRB9211070ACsb 1 education requirements of this Section. 2 Any person who has permitted his or her license to 3 expire or who has had his or her license on inactive status 4 may have the license restored by submitting an application to 5 the Department, meeting continuing education requirements, 6 and filing proof acceptable with the Department of fitness to 7 have the license restored, which may include sworn evidence 8 certifying to active practice in another jurisdiction 9 satisfactory to the Department and by paying the required 10 restoration fee. 11 If the person has not maintained an active practice in 12 another jurisdiction satisfactory to the Department, the 13 Department shall determine, by an evaluation program 14 established by rule, his or her fitness to resume active 15 status and may require the person to complete a period of 16 evaluated professional experience and may require successful 17 completion of a practical examination. 18 Any person, however, whose license expired while (i) in 19 Federal Service on active duty with the Armed Forces of the 20 United States, or called into service or training with the 21 State Militia, or (ii) in training or education under the 22 supervision of the United States preliminary to induction 23 into the military service may have his or her license 24 restored without paying any lapsed renewal fees if within 2 25 years after honorable termination of the service, training, 26 or education he or she furnishes the Department with 27 satisfactory evidence to the effect that he or she has been 28 so engaged and that the service, training or education has 29 been terminated. 30 (Source: P.A. 87-784; 87-1000.) 31 (225 ILCS 30/70) (from Ch. 111, par. 8401-70) 32 (Section scheduled to be repealed on December 31, 2002) 33 Sec. 70. Inactive status; restoration. Any person who HB3708 Engrossed -15- LRB9211070ACsb 1 notifies the Department in writing on forms prescribed by the 2 Department may elect to place his or her license on an 3 inactive status and shall, subject to rules of the 4 Department, be excused from payment of renewal fees until he 5 or she notifies the Department in writing of the desires to 6 resume active status. 7 Any person requesting restoration from inactive status 8 shall be required to pay the current renewal fee, shall meet 9 continuing education requirements, and shall be required to 10 restore his or her license as provided in Section 65 of this 11 Act. 12 A person licensed under this Actdietitian or nutrition13counselorwhose license is on inactive status or in a 14 non-renewed status shall not engage in the practice of 15 dietetics or nutrition services in the State of Illinois or 16 use the title or advertise that he or she performs the 17 services of a licensed dietitian nutritionistor nutrition18counselor. 19 Any person violating this Section shall be considered to 20 be practicing without a license and will be subject to the 21 disciplinary provisions of this Act. 22 (Source: P.A. 87-784; 87-1000.) 23 (225 ILCS 30/75) (from Ch. 111, par. 8401-75) 24 (Section scheduled to be repealed on December 31, 2002) 25 Sec. 75. Endorsement. The Department may license as a 26 dietitian nutritionistor nutrition counselor, without 27 examination, on payment of required fee, an applicant who is 28 a dietitian, dietitian nutritionist, nutritionist, or 29 nutrition counselor licensed under the laws of another state, 30 territory, or country, if the requirements for licensure in 31 the state, territory, or country in which the applicant was 32 licensed were, at the date of his or her licensure, 33 substantially equal to the requirements of this Act. HB3708 Engrossed -16- LRB9211070ACsb 1 (Source: P.A. 87-784; 87-1000.) 2 (225 ILCS 30/80) (from Ch. 111, par. 8401-80) 3 (Section scheduled to be repealed on December 31, 2002) 4 Sec. 80. Use of title; advertising. Only a person who is 5 issued a license as a dietitian nutritionist under this Act 6 may use the words "dietitian nutritionist", "dietitian", 7 "nutritionist", or "nutrition counselor" or the letters 8 "L.D.N." in connection with his or her name. 9 A person who meets the additional criteria for 10 registration by the Commission on Dietetic Registration for 11 the American Dietetic Association may assume or use the title 12 or designation "Registered Dietitian" or "Registered 13 Dietician" or use the letters "R.D." or any words, letters, 14 abbreviations, or insignia indicating that the person is a 15 registered dietitian. 16 Any person who meets the additional criteria for 17 certification by the Clinical Nutrition Certification Board 18 of the International and American Associations of Clinical 19 Nutritionists may assume or use the title or designation 20 "Certified Clinical Nutritionist" or use the letters "C.C.N." 21 or any words, letters, abbreviations, or insignia indicating 22 that the person is a certified clinical nutritionist. 23 Any person who meets the additional criteria for 24 certification by the Certification Board of Nutrition 25 Specialists may assume or use the title or designation 26 "Certified Nutrition Specialist", or use the letters "C.N.S." 27 or any words, letters, abbreviations, or insignia indicating 28 that the person is a certified nutrition specialist. 29 A licensee shall include in every advertisement for 30 services regulated under this Act his or her title as it 31 appears on the license or the initials authorized under this 32 Act. 33(a) Only a person who is issued a license as a dietitianHB3708 Engrossed -17- LRB9211070ACsb 1under this Act may use the words "licensed dietitian" or the2letters "L.D." in connection with his or her name. A person3who meets the additional criteria for registration by the4Commission on Dietetic Registration for the American Dietetic5Association may assume or use the title or designation6"Registered Dietitian" or "Registered Dietician", or use the7letters "R.D." or any words, letters, abbreviations, or8insignia indicating that the person is a registered9dietitian.10(b) Only a person who is issued a license as a nutrition11counselor under the terms of this Act may use the letters12"L.N.C." or the words "licensed nutrition counselor" in13connection with his or her name.14(c) A licensee shall include in every advertisement for15services regulated under this Act his or her title as it16appears on the license or the initials authorized under this17Act.18 (Source: P.A. 91-310, eff. 1-1-00.) 19 (225 ILCS 30/95) (from Ch. 111, par. 8401-95) 20 (Section scheduled to be repealed on December 31, 2002) 21 Sec. 95. Grounds for discipline. 22 (1) The Department may refuse to issue or renew, or may 23 revoke, suspend, place on probation, reprimand, or take other 24 disciplinary action as the Department may deem proper, 25 including fines not to exceed $1000 for each violation, with 26 regard to any license or certificate for any one or 27 combination of the following causes: 28 (a) Material misstatement in furnishing information 29 to the Department. 30 (b) Violations of this Act or its rules. 31 (c) Conviction of any crime under the laws of the 32 United States or any state or territory thereof that is 33 (i) a felony; (ii) a misdemeanor, an essential element of HB3708 Engrossed -18- LRB9211070ACsb 1 which is dishonesty; or (iii) a crime that is directly 2 related to the practice of the profession. 3 (d) Making any misrepresentation for the purpose of 4 obtaining licensure or violating any provision of this 5 Act. 6 (e) Professional incompetence or gross negligence. 7 (f) Malpractice. 8 (g) Aiding or assisting another person in violating 9 any provision of this Act or its rules. 10 (h) Failing to provide information within 60 days 11 in response to a written request made by the Department. 12 (i) Engaging in dishonorable, unethical or 13 unprofessional conduct of a character likely to deceive, 14 defraud, or harm the public. 15 (j) Habitual or excessive use or addiction to 16 alcohol, narcotics, stimulants, or any other chemical 17 agent or drug that results in the inability to practice 18 with reasonable judgment, skill, or safety. 19 (k) Discipline by another state, territory, or 20 country if at least one of the grounds for the discipline 21 is the same or substantially equivalent to those set 22 forth in this Act. 23 (l) Directly or indirectly giving to or receiving 24 from any person, firm, corporation, partnership, or 25 association any fee, commission, rebate, or other form of 26 compensation for any professional services not actually 27 or personally rendered. 28 (m) A finding by the Department that the licensee, 29 after having his or her license placed on probationary 30 status, has violated the terms of probation. 31 (n) Conviction by any court of competent 32 jurisdiction, either within or outside this State, of any 33 violation of any law governing the practice of dietetics 34 or nutrition counseling, if the Department determines, HB3708 Engrossed -19- LRB9211070ACsb 1 after investigation, that the person has not been 2 sufficiently rehabilitated to warrant the public trust. 3 (o) A finding that licensure has been applied for 4 or obtained by fraudulent means. 5 (p) Practicing or attempting to practice under a 6 name other than the full name as shown on the license or 7 any other legally authorized name. 8 (q) Gross and willful overcharging for professional 9 services including filing statements for collection of 10 fees or monies for which services are not rendered. 11 (r) Failure to (i) file a return, (ii) pay the tax, 12 penalty or interest shown in a filed return, or (iii) pay 13 any final assessment of tax, penalty or interest, as 14 required by any tax Act administered by the Illinois 15 Department of Revenue, until the requirements of any such 16 tax Act are satisfied. 17 (s) Willfully failing to report an instance of 18 suspected child abuse or neglect as required by the 19 Abused and Neglected Child Reporting Act. 20 (2) In enforcing this Section, the Board, upon a showing 21 of a possible violation, may compel a licensee or applicant 22 to submit to a mental or physical examination, or both, as 23 required by and at the expense of the Department. The 24 examining physician shall be specifically designated by the 25 Board. The Board or the Department may order the examining 26 physician to present testimony concerning the mental or 27 physical examination of a licensee or applicant. No 28 information may be excluded by reason of any common law or 29 statutory privilege relating to communications between a 30 licensee or applicant and the examining physician. An 31 individual to be examined may have, at his or her own 32 expense, another physician of his or her choice present 33 during all aspects of the examination. Failure of an 34 individual to submit to a mental or physical examination, HB3708 Engrossed -20- LRB9211070ACsb 1 when directed, is grounds for suspension of his or her 2 license. The license must remain suspended until the time 3 that the individual submits to the examination or the Board 4 finds, after notice and a hearing, that the refusal to submit 5 to the examination was with reasonable cause. If the Board 6 finds that an individual is unable to practice because of the 7 reasons set forth in this Section, the Board must require the 8 individual to submit to care, counseling, or treatment by a 9 physician approved by the Board, as a condition, term, or 10 restriction for continued, reinstated, or renewed licensure 11 to practice. In lieu of care, counseling, or treatment, the 12 Board may recommend that the Department file a complaint to 13 immediately suspend or revoke the license of the individual 14 or otherwise discipline him or her. Any individual whose 15 license was granted, continued, reinstated, or renewed 16 subject to conditions, terms, or restrictions, as provided 17 for in this Section, or any individual who was disciplined or 18 placed on supervision pursuant to this Section must be 19 referred to the Director for a determination as to whether 20 the individual shall have his or her license suspended 21 immediately, pending a hearing by the Board. 22 The Department shall deny any license or renewal under 23 this Act to any person who has defaulted on an educational 24 loan guaranteed by the Illinois Student Assistance 25 Commission; however, the Department may issue a license or 26 renewal if the person in default has established a 27 satisfactory repayment record as determined by the Illinois 28 Student Assistance Commission. 29 The determination by a circuit court that a registrant is 30 subject to involuntary admission or judicial admission as 31 provided in the Mental Health and Developmental Disabilities 32 Code operates as an automatic suspension. This suspension 33 will end only upon a finding by a court that the patient is 34 no longer subject to involuntary admission or judicial HB3708 Engrossed -21- LRB9211070ACsb 1 admission, the issuance of an order so finding and 2 discharging the patient, and the recommendation of the Board 3 to the Director that the registrant be allowed to resume 4 practice. 5 (Source: P.A. 87-784; 87-1000.) 6 (225 ILCS 30/50 rep.) 7 (225 ILCS 30/60 rep.) 8 Section 90. The Dietetic and Nutrition Services Practice 9 Act is amended by repealing Sections 50 and 60. 10 Section 99. Effective date. This Section, Section 5, 11 and Sections 56 and 65 of the Dietetic and Nutrition Practice 12 Act take effect upon becoming law. All of the other 13 provisions take effect October 31, 2003.