State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


HB4004 Enrolled                                LRB9213209ACmg

 1        AN ACT concerning the regulation of professions.

 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   Acts  repealed  on  December 31, 2002.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 8    following Acts are repealed on December 31, 2002: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.
12        The Dietetic and Nutrition Services 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   Act  repealed  on  January  1,  2013.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19    following Act is repealed on January 1, 2013: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 Naprapathic Practice Act.

21        Section  10.  The Naprapathic Practice Act is amended  by
22    changing Sections 50, 85, and 110 as follows:

23        (225 ILCS 63/50)
24        (Section scheduled to be repealed on December 31, 2002)
25        Sec.  50.  Naprapathic  Examining Committee. The Director
26    shall appoint a Naprapathic Examining Committee to consist of
27    7 persons who shall be appointed by and  shall  serve  in  an
28    advisory capacity to the Director.  Five members must hold an
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 1    active  license  to  engage  in the practice of naprapathy in
 2    this State, one member  shall  be  a  physician  licensed  to
 3    practice medicine in all of its branches in Illinois, and one
 4    member  must  be  a  member of the public who is not licensed
 5    under this Act or a similar Act of  another  jurisdiction  or
 6    has no connection with the profession. The initial appointees
 7    who  would  otherwise  be  required to be licensed naprapaths
 8    shall  instead  be  individuals  who  have  been   practicing
 9    naprapathy  for  at  least  5 years and who would be eligible
10    under this Act for  licensure  as  naprapaths.   Neither  the
11    public  member  nor the physician member shall participate in
12    the preparation  or  administration  of  the  examination  of
13    applicants for licensure.
14        Members   shall  serve  4  year  terms  and  until  their
15    successors are appointed and qualified, except  that  of  the
16    initial  appointments,  2 members shall be appointed to serve
17    for 2 years, 2 shall be appointed to serve for  3  years  and
18    the remaining members shall be appointed to serve for 4 years
19    and  until  their successors are appointed and qualified.  No
20    member shall be reappointed to the Committee for a term  that
21    would cause his or her continuous service on the Committee to
22    be  longer  than  8  consecutive years.  Appointments to fill
23    vacancies shall be  made  in  the  same  manner  as  original
24    appointments,  for the unexpired portion of the vacated term.
25    Initial terms shall begin upon the  effective  date  of  this
26    Act.   Committee  members  in  office  on  that date shall be
27    appointed to specific terms as indicated in this Section.
28        The Committee shall  annually  elect  a  chairman  and  a
29    vice-chairman  who  shall  preside  in  the  absence  of  the
30    chairman.
31        The membership of the Committee should reasonably reflect
32    representation from the geographic areas in this State.
33        The  Director may terminate the appointment of any member
34    for cause.
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 1        The  Director  may  give   due   consideration   to   all
 2    recommendations of the Committee.
 3        Without  limiting  the power of the Department to conduct
 4    investigations in any manner, the Committee may recommend  to
 5    the Director that one or more licensed naprapaths be selected
 6    by  the  Director  to  conduct or assist in any investigation
 7    under this Act.  A licensed naprapath so selected may receive
 8    remuneration as determined by the Director.
 9    (Source: P.A. 89-61, eff. 6-30-95.)

10        (225 ILCS 63/85)
11        (Section scheduled to be repealed on December 31, 2002)
12        Sec. 85. Fees.  The fees imposed under this  Act  are  as
13    follows and are not refundable:
14        (a)  The  Department shall provide by rule for a schedule
15    of fees for the administration and enforcement of  this  Act,
16    including but not limited to original licensure, renewal, and
17    restoration. The fees shall be nonrefundable.
18        All fees collected under this Act shall be deposited into
19    the   General   Professions   Dedicated  Fund  and  shall  be
20    appropriated  to  the  Department  for   the   ordinary   and
21    contingent  expenses  of the Department in the administration
22    of this Act. The fee for application for a license is $250.
23        (b)  In addition to the application fee, An applicant for
24    the examination shall be  required  to  pay,  either  to  the
25    Department  or  to  the  designated  testing  service,  a fee
26    covering  the  cost  of  initial   screening   to   determine
27    determining  an  applicant's  eligibility  and  providing the
28    examination.  Failure to appear for the  examination  on  the
29    scheduled  date,  at  the time and place specified, after the
30    applicant's application and fee for examination has have been
31    received and acknowledged by the Department or the designated
32    testing service,  shall  result  in  the  forfeiture  of  the
33    examination fee.
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 1        (c)  The  fee  for  the  renewal of a license is $125 per
 2    year.
 3        (d)   The fee for the restoration of a license  that  has
 4    been  expired  for less than 5 years is $100, plus payment of
 5    all lapsed renewal fees.
 6        (e)   The fee for the restoration of a license  that  has
 7    been expired for more than 5 years is $500.
 8        (f)   The  fee  for  the issuance of a duplicate license,
 9    the issuance of a replacement for a  license  that  has  been
10    lost or destroyed, or the issuance of a license with a change
11    of name  or address, other than during the renewal period, is
12    $75.  No  fee  is  required  for  name and address changes on
13    Department records when no duplicate license is issued.
14        (g)   The fee for the certification of a license for  any
15    purpose is $50.
16        (h)   The  fee for the rescoring of an examination is the
17    cost to the Department of rescoring the examination, plus any
18    fees charged by the applicable testing service  to  have  the
19    examination rescored.
20        (i)   The  fee for a wall certificate shall be the actual
21    cost of producing the certificate.
22        (j)   The  fee  for  a  roster  of  persons  licensed  as
23    naprapaths is the actual cost of producing the roster.
24        (k)   The  fee  for  application  for  a  license  by   a
25    naprapath  registered  or  licensed under the laws of another
26    jurisdiction is $500.
27        (l)  The fee for application as  a  continuing  education
28    sponsor  is  $500.  State agencies, State colleges, and State
29    universities in Illinois are exempt from paying this fee.
30        (m)  The  fee  for  renewal  as  a  continuing  education
31    sponsor is $125 per year.
32        All of the fees and fines collected under this Act  shall
33    be  deposited  into  the  General Professions Dedicated Fund.
34    All moneys in the Fund shall be used  by  the  Department  of
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 1    Professional  Regulation,  as  appropriated, for the ordinary
 2    and contingent expenses of the Department.
 3    (Source: P.A. 88-683,  eff.  1-24-95;  89-61,  eff.  6-30-95;
 4    89-626, eff. 8-9-96.)

 5        (225 ILCS 63/110)
 6        (Section scheduled to be repealed on December 31, 2002)
 7        Sec.  110.  Grounds  for  disciplinary  action;  refusal,
 8    revocation, suspension.
 9        (a)  The  Department  may refuse to issue or to renew, or
10    may revoke, suspend, place on probation,  reprimand  or  take
11    other  disciplinary action as the Department may deem proper,
12    including fines not to exceed $5,000 for each violation, with
13    regard to any licensee or license for any one or  combination
14    of the following causes:
15             (1)  Violations of this Act or its rules.
16             (2)  Material misstatement in furnishing information
17        to the Department.
18             (3)  Conviction  of  any crime under the laws of any
19        U.S.  jurisdiction  that  is  (i)  a   felony,   (ii)   a
20        misdemeanor, an essential element of which is dishonesty,
21        or   (iii)  directly  related  to  the  practice  of  the
22        profession.
23             (4)  Making any misrepresentation for the purpose of
24        obtaining a license.
25             (5)  Professional incompetence or gross negligence.
26             (6)  Gross malpractice.
27             (7)  Aiding or assisting another person in violating
28        any provision of this Act or its rules.
29             (8)  Failing to provide information within  60  days
30        in response to a written request made by the Department.
31             (9)  Engaging   in   dishonorable,   unethical,   or
32        unprofessional  conduct of a character likely to deceive,
33        defraud, or harm the public.
HB4004 Enrolled             -6-                LRB9213209ACmg
 1             (10)  Habitual or  excessive  use  or  addiction  to
 2        alcohol,  narcotics,  stimulants,  or  any other chemical
 3        agent or drug that results in the inability  to  practice
 4        with reasonable judgment, skill, or safety.
 5             (11)  Discipline  by  another  U.S.  jurisdiction or
 6        foreign nation if at least one of  the  grounds  for  the
 7        discipline  is  the  same  or substantially equivalent to
 8        those set forth in this Act.
 9             (12)  Directly or indirectly giving to or  receiving
10        from  any  person,  firm,  corporation,  partnership,  or
11        association any fee, commission, rebate, or other form of
12        compensation  for  any professional services not actually
13        or personally rendered.  This  shall  not  be  deemed  to
14        include   rent   or   other   remunerations  paid  to  an
15        individual, partnership, or corporation  by  a  naprapath
16        for  the  lease,  rental,  or  use  of  space,  owned  or
17        controlled by the individual, partnership, corporation or
18        association.
19             (13)  Using  the  title "Doctor" or its abbreviation
20        without further clarifying  that  title  or  abbreviation
21        with   the   word  "naprapath"  or  "naprapathy"  or  the
22        designation "D.N.".
23             (14)  A finding by the Department that the licensee,
24        after having his or her license  placed  on  probationary
25        status, has violated the terms of probation.
26             (15)  Abandonment of a patient without cause.
27             (16)  Willfully  making  or  filing false records or
28        reports relating to a licensee's practice, including  but
29        not  limited  to, false records filed with State agencies
30        or departments.
31             (17)  Willfully failing to  report  an  instance  of
32        suspected  child  abuse  or  neglect  as  required by the
33        Abused and Neglected Child Reporting Act.
34             (18)  Physical illness, including  but  not  limited
HB4004 Enrolled             -7-                LRB9213209ACmg
 1        to,  deterioration  through  the aging process or loss of
 2        motor skill that results in the inability to practice the
 3        profession with reasonable judgment, skill, or safety.
 4             (19)  Solicitation of professional services by means
 5        other than permitted advertising.
 6             (20)  Failure to provide a patient with  a  copy  of
 7        his  or  her  record  upon  the  written  request  of the
 8        patient.
 9             (21)  Conviction   by   any   court   of   competent
10        jurisdiction, either within or without this State, of any
11        violation  of  any  law   governing   the   practice   of
12        naprapathy,  conviction  in  this or another state of any
13        crime which is a felony under the laws of this  State  or
14        conviction  of  a  felony  in  a  federal  court,  if the
15        Department  determines,  after  investigation,  that  the
16        person has not been sufficiently rehabilitated to warrant
17        the public trust.
18             (22)  A finding that licensure has been applied  for
19        or obtained by fraudulent means.
20             (23)  Continued   practice  by  a  person  knowingly
21        having an infectious or contagious disease.
22             (24)  Being named as a perpetrator in  an  indicated
23        report  by the Department of Children and Family Services
24        under the Abused and Neglected Child  Reporting  Act  and
25        upon  proof  by  clear  and  convincing evidence that the
26        licensee has caused a child to be an abused  child  or  a
27        neglected  child  as  defined in the Abused and Neglected
28        Child Reporting Act.
29             (25)  Practicing or attempting to practice  under  a
30        name other than the full name shown on the license.
31             (26)  Immoral  conduct in the commission of any act,
32        such  as  sexual  abuse,  sexual  misconduct,  or  sexual
33        exploitation, related to the licensee's practice.
34             (27)  Maintaining a professional  relationship  with
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 1        any  person,  firm,  or  corporation  when  the naprapath
 2        knows,  or  should  know,  that  the  person,  firm,   or
 3        corporation is violating this Act.
 4             (28)  Promotion  of  the  sale  of food supplements,
 5        devices, appliances, or goods provided for  a  client  or
 6        patient  in  such  manner  as  to  exploit the patient or
 7        client for financial gain of the licensee.
 8             (29)  Having treated ailments of human beings  other
 9        than  by  the  practice  of naprapathy as defined in this
10        Act, or having treated ailments  of  human  beings  as  a
11        licensed  naprapath  independent of a documented referral
12        or documented  current  and  relevant  diagnosis  from  a
13        physician,  dentist,  or  podiatrist, or having failed to
14        notify  the  physician,  dentist,   or   podiatrist   who
15        established  a  documented current and relevant diagnosis
16        that  the  patient  is  receiving  naprapathic  treatment
17        pursuant to that diagnosis.
18             (30)  Use by a  registered  naprapath  of  the  word
19        "infirmary",   "hospital",   "school",  "university",  in
20        English or any other language,  in  connection  with  the
21        place where naprapathy may be practiced or demonstrated.
22             (31)  Continuance  of  a  naprapath in the employ of
23        any person, firm, or corporation, or as an  assistant  to
24        any  naprapath  or  naprapaths,  directly  or indirectly,
25        after his or her employer  or  superior  has  been  found
26        guilty  of  violating or has been enjoined from violating
27        the laws  of  the  State  of  Illinois  relating  to  the
28        practice  of  naprapathy  when  the  employer or superior
29        persists in that violation.
30             (32)  The  performance  of  naprapathic  service  in
31        conjunction with a scheme or plan  with  another  person,
32        firm,  or corporation known to be advertising in a manner
33        contrary to this Act or otherwise violating the  laws  of
34        the   State   of  Illinois  concerning  the  practice  of
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 1        naprapathy.
 2             (33)  Failure  to  provide  satisfactory  proof   of
 3        having  participated  in  approved  continuing  education
 4        programs  as  determined by the Committee and approved by
 5        the Director.  Exceptions for extreme hardships are to be
 6        defined by the rules of the Department.
 7             (34)  Willfully making or filing  false  records  or
 8        reports in the practice of naprapathy, including, but not
 9        limited  to,  false records to support claims against the
10        medical assistance program of the  Department  of  Public
11        Aid under the Illinois Public Aid Code.
12             (35)  Gross or willful overcharging for professional
13        services including filing false statements for collection
14        of  fees  for which services are not rendered, including,
15        but  not  limited  to,  filing   false   statements   for
16        collection  of  monies for services not rendered from the
17        medical assistance program of the  Department  of  Public
18        Aid under the Illinois Public Aid Code.
19             (36)  Mental illness, including, but not limited to,
20        deterioration  through the aging process or loss of motor
21        skill that results  in  the  inability  to  practice  the
22        profession with reasonable judgment, skill, or safety.
23        The  Department  may  refuse  to issue or may suspend the
24    license of any person who fails to (i) file a  return  or  to
25    pay  the  tax, penalty or interest shown in a filed return or
26    (ii) pay  any  final  assessment  of  the  tax,  penalty,  or
27    interest  as  required  by  any  tax  Act administered by the
28    Illinois Department of  Revenue,  until  the  time  that  the
29    requirements of that tax Act are satisfied.
30        (b)  The determination by a circuit court that a licensee
31    is  subject to involuntary admission or judicial admission as
32    provided in the Mental Health and Developmental  Disabilities
33    Code  operates  as  an  automatic suspension.  The suspension
34    will end only upon a finding by a court that the  patient  is
HB4004 Enrolled             -10-               LRB9213209ACmg
 1    no  longer  subject  to  involuntary  admission  or  judicial
 2    admission,   the   issuance   of  an  order  so  finding  and
 3    discharging  the  patient,  and  the  recommendation  of  the
 4    Committee to the Director that the  licensee  be  allowed  to
 5    resume his or her practice.
 6        (c)  In  enforcing  this  Section, the Department, upon a
 7    showing of  a  possible  violation,  may  compel  any  person
 8    licensed  to  practice  under this Act or who has applied for
 9    licensure or certification pursuant to this Act to submit  to
10    a mental or physical examination, or both, as required by and
11    at  the  expense  of the Department. The examining physicians
12    shall be those specifically designated by the Department. The
13    Department may  order  the  examining  physician  to  present
14    testimony  concerning  this mental or physical examination of
15    the licensee or applicant. No information shall  be  excluded
16    by  reason  of any common law or statutory privilege relating
17    to communications between the licensee or applicant  and  the
18    examining  physician.  The person to be examined may have, at
19    his or her own expense,  another  physician  of  his  or  her
20    choice present during all aspects of the examination. Failure
21    of  any person to submit to a mental or physical examination,
22    when directed, shall be grounds for suspension of  a  license
23    until the person submits to the examination if the Department
24    finds,  after  notice and hearing, that the refusal to submit
25    to the examination was without reasonable cause.
26        If the Department finds an individual unable to  practice
27    because  of  the  reasons  set  forth  in  this  Section, the
28    Department may require that individual  to  submit  to  care,
29    counseling, or treatment by physicians approved or designated
30    by  the  Department, as a condition, term, or restriction for
31    continued, reinstated, or renewed licensure to  practice  or,
32    in lieu of care, counseling, or treatment, the Department may
33    file a complaint to immediately suspend, revoke, or otherwise
34    discipline the license of the individual.
HB4004 Enrolled             -11-               LRB9213209ACmg
 1        Any   person   whose   license  was  granted,  continued,
 2    reinstated, renewed, disciplined, or  supervised  subject  to
 3    such  terms,  conditions,  or  restrictions  and who fails to
 4    comply with such terms, conditions, or restrictions shall  be
 5    referred  to  the  Director for a determination as to whether
 6    the  person  shall  have  his  or   her   license   suspended
 7    immediately, pending a hearing by the Department.
 8        In instances in which the Director immediately suspends a
 9    person's  license  under  this  Section,  a  hearing  on that
10    person's license must be convened by the Department within 15
11    days after the suspension and completed  without  appreciable
12    delay.  The Department shall have the authority to review the
13    subject person's record of treatment and counseling regarding
14    the impairment, to the extent permitted by applicable federal
15    statutes and regulations safeguarding the confidentiality  of
16    medical records.
17        A  person licensed under this Act and affected under this
18    Section shall be afforded an opportunity  to  demonstrate  to
19    the  Department  that  he  or  she  can  resume  practice  in
20    compliance with acceptable and prevailing standards under the
21    provisions of his or her license.
22    (Source: P.A. 89-61, eff. 6-30-95.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.

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