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Public Act 100-0375 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.28 and by adding Section 4.38 as follows: | ||||
(5 ILCS 80/4.28) | ||||
Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||
Acts are
repealed on January 1, 2018: | ||||
The Illinois Petroleum Education and Marketing Act.
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The Podiatric Medical Practice Act of 1987. | ||||
The Acupuncture Practice Act. | ||||
The Illinois Speech-Language Pathology and Audiology | ||||
Practice Act. | ||||
The Interpreter for the Deaf Licensure Act of 2007. | ||||
The Nurse Practice Act. | ||||
The Clinical Social Work and Social Work Practice Act. | ||||
The Pharmacy Practice Act. | ||||
The Home Medical Equipment and Services Provider License | ||||
Act. | ||||
The Marriage and Family Therapy Licensing Act. | ||||
The Nursing Home Administrators Licensing and Disciplinary | ||||
Act. | ||||
The Physician Assistant Practice Act of 1987. |
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||
96-328, eff. 8-11-09.) | ||
(5 ILCS 80/4.38 new) | ||
Sec. 4.38. Act repealed on January 1, 2028. The following | ||
Act is repealed on January 1, 2028: | ||
The Acupuncture Practice Act. | ||
Section 10. The Acupuncture Practice Act is amended by | ||
changing Sections 5, 10, 15, 20, 20.1, 25, 30, 35, 40, 50, 60, | ||
70, 105, 110, 120, 130, 140, 152, 160, 170, 175, 190, and 200 | ||
and by adding Sections 12, 20.2, and 142 as follows:
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(225 ILCS 2/5)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 5. Objects and purpose. The practice of acupuncture in | ||
the State of Illinois is hereby declared to affect the public
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health, safety, and welfare and to be subject to regulation and
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control in the public interest. It is further declared to be a
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matter of public interest and concern that the practice of
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acupuncture as defined in this Act merit and receive the | ||
confidence
of the public, and that only qualified persons , as | ||
set forth by this Act, be authorized to
practice acupuncture in |
the State of Illinois. This Act shall be
liberally construed to | ||
best carry out these subjects and purposes.
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(Source: P.A. 89-706, eff. 1-31-97 .)
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(225 ILCS 2/10)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 10. Definitions. As used in this Act:
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"Acupuncture" means the evaluation or treatment that is | ||
effected by stimulating of persons affected
through a method of | ||
stimulation of a certain body points point or points on or | ||
immediately
below the surface of
the body by the insertion of | ||
pre-sterilized, single-use, disposable needles,
unless | ||
medically contraindicated . "Acupuncture" includes, but is not | ||
limited to, stimulation that may be effected by , with or | ||
without the application of heat, including far infrared, or | ||
cold, electricity, electro or magnetic
electronic stimulation, | ||
cold laser, vibration, cupping, gua sha, or manual pressure , or | ||
other methods, with or without the concurrent use of needles,
| ||
to prevent or modify the perception of
pain, to normalize | ||
physiological functions, or for the
treatment of certain | ||
diseases or dysfunctions of the body and includes the | ||
determination of a care regimen or treatment protocol according | ||
to traditional East Asian principles and activities referenced | ||
in Section 15 of this Act for which a written referral is not | ||
required. In accordance with this Section, the practice known | ||
as dry needling or intramuscular manual stimulation, or similar |
wording intended to describe such practice, is determined to be | ||
within the definition, scope, and practice of acupuncture. | ||
Acupuncture also includes evaluation or treatment in | ||
accordance with traditional and modern practices of East Asian | ||
medical theory, including, but not limited to, moxibustion, | ||
herbal medicinals, natural or dietary supplements, manual | ||
methods, exercise, and diet to prevent or modify the perception | ||
of pain, to normalize physiological functions, or for the | ||
treatment of diseases or dysfunctions of the body and includes | ||
activities referenced in Section 15 of this Act for which a | ||
written referral is not required.
Acupuncture does not include | ||
radiology, electrosurgery, chiropractic technique,
physical | ||
therapy, naprapathic technique, use or prescribing of any | ||
pharmaceuticals, drugs,
medications, herbal preparations, | ||
nutritional supplements, serums, or vaccines,
or determination | ||
of a differential
diagnosis.
An acupuncturist licensed
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registered under this Act who is not also licensed as a | ||
physical therapist
under
the Illinois Physical Therapy Act | ||
shall not hold himself or herself out as
being qualified to | ||
provide physical therapy or physiotherapy services.
An
| ||
acupuncturist shall refer to a licensed physician or dentist, | ||
any
patient whose condition should, at the time of evaluation | ||
or treatment,
be determined to be beyond the scope of practice | ||
of the acupuncturist.
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"Acupuncturist" means a person who practices acupuncture | ||
in all its forms, including traditional and modern practices in |
both teachings and delivery,
and who is licensed by the | ||
Department. An acupuncturist shall refer to a licensed | ||
physician or dentist any patient whose condition should, at the | ||
time of evaluation or treatment, be determined to be beyond the | ||
scope of practice of the acupuncturist.
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"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. | ||
"Board" means the Board of Acupuncture appointed by the | ||
Secretary .
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"Dentist" means a person licensed under the Illinois Dental | ||
Practice Act.
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"Department" means the Department of Financial and
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Professional
Regulation.
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"Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the licensee's license file as maintained | ||
by the Department's licensure maintenance unit. | ||
"Physician" means a person licensed under the Medical | ||
Practice Act of 1987.
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"Referral by written order" for purposes of this Act means | ||
a
diagnosis, substantiated by signature of a physician or | ||
dentist, identifying a
patient's condition and recommending | ||
treatment by acupuncture as defined in
this Act. The diagnosis | ||
shall remain in effect until changed by the physician
or |
dentist who may, through express direction in the referral, | ||
maintain management of the patient.
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"Secretary" means the Secretary of Financial and | ||
Professional Regulation.
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"State" includes:
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(1) the states of the United States of America;
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(2) the District of Columbia; and
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(3) the Commonwealth of Puerto Rico.
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(Source: P.A. 95-450, eff. 8-27-07.)
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(225 ILCS 2/12 new) | ||
Sec. 12. Address of record; email address of record. All | ||
applicants and licensees shall: | ||
(1) provide a valid address and email address to the | ||
Department, which shall serve as the address of record and | ||
email address of record, respectively, at the time of | ||
application for licensure or renewal of a license; and | ||
(2) inform the Department of any change of address of | ||
record or email address of record within 14 days after such | ||
change either through the Department's website or by | ||
contacting the Department's licensure maintenance unit.
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(225 ILCS 2/15)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 15. Who may practice acupuncture. No person licensed | ||
under this
Act
may
treat human ailments otherwise than by the |
practice of acupuncture as defined
in this Act and shall only | ||
practice acupuncture consistent with the education and | ||
certifications obtained pursuant to the requirements set forth | ||
in this Act . A physician or dentist licensed in
Illinois may | ||
practice acupuncture in accordance with his or her training | ||
pursuant to this Act or the Medical Practice Act of 1987 . A | ||
physician or a dentist may refer by written order a patient to | ||
an acupuncturist for the practice of acupuncture as defined in | ||
this Act and may, through express direction in the referral, | ||
maintain management of the patient. Nothing in this Act shall | ||
be construed to require a referral of a patient to an | ||
acupuncturist for evaluation and treatment based on | ||
acupuncture principles and techniques as taught by schools | ||
accredited by the Accreditation Commission for Acupuncture and | ||
Oriental Medicine or a similar accrediting body approved by the | ||
Department. An acupuncturist shall refer to a licensed | ||
physician or dentist, any patient whose condition should, at | ||
the time of evaluation or treatment, be determined to be beyond | ||
the scope of practice of the acupuncturist.
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Nothing in this Act regarding the use of dietary | ||
supplements or herbs shall be construed to prohibit a person | ||
licensed in this State under any other Act from engaging in the | ||
practice for which he or she is licensed. | ||
(Source: P.A. 93-999, eff. 8-23-04 .)
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(225 ILCS 2/20)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 20. Exempt activities. This
Act does not prohibit
any | ||
person licensed in this State as a dentist or physician
from | ||
engaging in the practice for which he or
she is licensed.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97 .)
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(225 ILCS 2/20.1)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 20.1. Guest instructors of acupuncture; professional | ||
education. The provisions of this Act
do not prohibit an | ||
acupuncturist from another state or country, who is not
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licensed under this Act and who is an invited guest of a | ||
professional
acupuncture association or scientific acupuncture | ||
foundation or an acupuncture training program or continuing | ||
education provider approved by the Department under this
Act, | ||
from engaging in professional education through lectures, | ||
clinics, or
demonstrations, provided that the acupuncturist is | ||
currently licensed in another state or country and his or her | ||
license is active and has not been disciplined, or he or she is | ||
currently certified in good standing as an acupuncturist by the | ||
National Certification Commission for Acupuncture and Oriental | ||
Medicine or similar body approved by the Department . | ||
Licensees under this Act may engage in professional | ||
education through lectures, clinics, or demonstrations as an | ||
invited guest of a professional acupuncture association or | ||
scientific acupuncture foundation or an acupuncture training |
program or continuing education provider approved by the | ||
Department under this Act. The Department may, but is not | ||
required to, establish rules concerning this Section.
| ||
(Source: P.A. 95-450, eff. 8-27-07; 96-255, eff. 8-11-09; | ||
96-483, eff. 8-14-09.)
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(225 ILCS 2/20.2 new) | ||
Sec. 20.2. Guest practitioners of acupuncture. The | ||
provisions of this Act do not prohibit an acupuncturist from | ||
another state or country who is not licensed under the Act from | ||
practicing in Illinois during a state of emergency as declared | ||
by the Governor of Illinois, provided that the acupuncturist is | ||
currently licensed in another state or country and his or her | ||
license is active and has not been disciplined, or he or she is | ||
certified by the National Certification Commission for | ||
Acupuncture and Oriental Medicine or similar body approved by | ||
the Department. Such practice is limited to the time period | ||
during which the declared state of emergency is in effect and | ||
may not exceed 2 consecutive weeks or a total of 30 days in one | ||
calendar year.
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(225 ILCS 2/25)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 25. Powers and duties of Department. The Department
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shall exercise powers and duties under this Act as
follows:
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(1) Review applications to ascertain the |
qualifications of
applicants for licensure.
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(2) Adopt rules consistent with the
provisions of this | ||
Act for its administration and enforcement
and may | ||
prescribe forms
that shall be used in connection with
this | ||
Act. The rules may define standards and criteria for
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professional conduct and discipline. The
Department shall | ||
consult with the Board in adopting rules. Notice of
| ||
proposed rulemaking shall be transmitted to the Board, and | ||
the Department shall
review the Board's response and any | ||
recommendations made in the response.
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(3) The Department may at any time seek the advice and | ||
the expert
knowledge
of
the Board on any matter relating to | ||
the administration of this Act.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97 .)
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(225 ILCS 2/30)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 30. Illinois Administrative Procedure Act. The | ||
Illinois
Administrative Procedure Act is hereby expressly | ||
adopted and incorporated herein as if all of the provisions of | ||
that Act were included in this Act, except that the provision | ||
of subsection (d) of Section 10-65 of the Illinois | ||
Administrative Procedure Act, which provides that at hearings | ||
the licensee has the right to show compliance with all lawful | ||
requirements for retention or continuation or renewal of the | ||
license, is specifically excluded. For the purposes of this |
Act, the notice required under Section 10-25 of the Illinois | ||
Administrative Procedure Act is deemed sufficient when mailed | ||
to the address of record.
shall apply to all administrative | ||
rules and procedures of the Department under
this Act, except | ||
that in the case of a conflict between the Illinois
| ||
Administrative Procedure Act and this Act, the provisions of | ||
this Act shall
control.
| ||
(Source: P.A. 89-706, eff. 1-31-97 .)
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(225 ILCS 2/35)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 35. Board of Acupuncture. The Secretary shall appoint | ||
a Board of
Acupuncture to
consist of 7 persons who shall be | ||
appointed by and shall serve in an advisory
capacity to the | ||
Secretary. Four members must hold an active license to engage | ||
in
the practice of acupuncture in this State, one member shall | ||
be a chiropractic
physician licensed under the Medical Practice | ||
Act of 1987 who is actively
engaged in the practice of | ||
acupuncture, one member shall be a physician
licensed to | ||
practice medicine in all of its branches in Illinois, and one
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member must be a member of the public who is not licensed under | ||
this
Act or a
similar Act of another jurisdiction and who has | ||
no connection with the
profession.
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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 shall
be reappointed to the Board |
for a term that would cause his or her continuous
service on | ||
the Board to be longer than 8 consecutive years . Appointments | ||
to
fill vacancies shall be made in the same manner as original | ||
appointments for
the unexpired portion of the vacated term. | ||
Initial terms shall begin upon the
effective date of this | ||
amendatory Act of 1997.
| ||
The Board may annually elect a chairperson and a | ||
vice-chairperson who shall
preside in the absence of the | ||
chairperson. The membership of the Board should
reasonably | ||
reflect representation from the geographic areas in this State. | ||
The
Secretary may terminate the appointment of any member for | ||
cause.
The Secretary may give due consideration to all | ||
recommendations of the Board. A
majority of the Board members | ||
currently appointed shall constitute a quorum. A
vacancy in the | ||
membership of the Board shall not impair the right of a quorum
| ||
to exercise the right and perform all the duties of the Board. | ||
Members of the
Board shall have no liability in any action | ||
based upon any disciplinary
proceeding or other activity | ||
performed in good faith as a member of the
Board.
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(Source: P.A. 95-450, eff. 8-27-07.)
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(225 ILCS 2/40)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 40. Application for licensure. Applications for
| ||
original
licensure as an acupuncturist shall be made to the
| ||
Department in writing on
forms
prescribed by the Department and |
shall be accompanied by the required fee,
which shall
not be | ||
refundable.
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Until December 31, 2001, applicants shall submit with the | ||
application
proof of
passing the National Certification | ||
Commission for Acupuncture and Oriental Medicine examination | ||
or a
substantially equivalent examination approved by the | ||
Department or meeting any
other qualifications established by | ||
the Department.
| ||
The On and after January 1, 2002, the Department may shall | ||
issue a license to an
applicant who submits with the | ||
application proof of each of the following:
| ||
(1)(A) graduation from a
school accredited by the | ||
Accreditation Commission for Acupuncture and Oriental | ||
Medicine or a similar accrediting body
approved by the | ||
Department; or
(B) completion of a comprehensive | ||
educational program approved by the
Department; and
| ||
(2) for applications submitted on or before December | ||
31, 2019, passing the
National Certification Commission | ||
for Acupuncture and Oriental Medicine examination or a
| ||
substantially
equivalent examination approved by the | ||
Department ; for applications submitted on or after January | ||
1, 2020, demonstration of status as a Diplomate of | ||
Acupuncture or Diplomate of Oriental Medicine with the | ||
National Certification Commission for Acupuncture and | ||
Oriental Medicine or a substantially equivalent credential | ||
as approved by the Department .
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An applicant has 3
years from the date of his or her | ||
application to complete the application
process. If the process | ||
has not been completed in 3 years, the application
shall be | ||
denied, the fee shall be forfeited, and the applicant must | ||
reapply and
meet the requirements in effect at the time of | ||
reapplication.
| ||
(Source: P.A. 93-999, eff. 8-23-04 .)
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(225 ILCS 2/50)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 50. Practice prohibited. Unless he or she has been | ||
issued, by the
Department, a valid, existing license as an | ||
acupuncturist under this Act, no
person may use the title and | ||
designation of "Acupuncturist", "Licensed
Acupuncturist", | ||
"Certified Acupuncturist", "Doctor of Acupuncture and Chinese | ||
Medicine", "Doctor of Acupuncture and Oriental Medicine", | ||
"Doctor of Acupuncture", "Oriental Medicine Practitioner", | ||
"Licensed Oriental Medicine Practitioner", "Oriental Medicine | ||
Doctor", "Licensed Oriental Medicine Doctor", "C.A.", "Act.", | ||
"Lic. Act.", or
"Lic. Ac." , "D.Ac.", "DACM", "DAOM", or | ||
"O.M.D." either directly or indirectly, in connection with his | ||
or her
profession or business. No person licensed under this | ||
Act may use the
designation "medical", directly or indirectly, | ||
in connection with his or her
profession or business. Nothing | ||
shall prevent a physician from using the
designation | ||
"Acupuncturist".
|
No person may practice, offer to practice, attempt to | ||
practice, or hold
himself or herself out to practice as a | ||
licensed acupuncturist without
being licensed under this Act.
| ||
This Act does not prohibit a person from applying | ||
acupuncture needles, modalities, or techniques as
part of his | ||
or her educational training when he or she:
| ||
(1) is engaged in a State-approved course in | ||
acupuncture, as provided in
this Act;
| ||
(2) is a graduate of a school of acupuncture and | ||
participating in a
postgraduate training program;
| ||
(3) is a graduate of a school of acupuncture and | ||
participating in a
review course in preparation for taking | ||
the National Certification Commission
for Acupuncture and | ||
Oriental Medicine examination; or
| ||
(4) is participating in a State-approved continuing | ||
education course
offered through a State-approved | ||
provider.
| ||
Students attending schools of acupuncture, and | ||
professional acupuncturists
who are not licensed in Illinois, | ||
may engage in the practice of the application of acupuncture
| ||
techniques in conjunction with their education as provided in | ||
this Act, but
may not open an office, appoint a place to meet | ||
private patients, consult with
private patients, or otherwise | ||
engage in the practice of acupuncture beyond
what is required | ||
in conjunction with their education.
| ||
(Source: P.A. 92-70, eff. 7-12-01 .)
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(225 ILCS 2/60)
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(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 60. Exhibition of license upon request; change of
| ||
address. A licensee shall, whenever
requested,
exhibit his or | ||
her license to any
representative of the
Department
and shall | ||
notify the Department of the address or addresses, and of
every | ||
change of address, where the licensee practices
acupuncture .
| ||
(Source: P.A. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/70)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 70. Renewal , reinstatement, or restoration of
| ||
license; continuing education; military service. The
| ||
expiration date and renewal period
for each license issued | ||
under this Act shall be set by
rule. The
holder of a license | ||
may renew that license during the
month
preceding its | ||
expiration date by paying the required fee.
| ||
In order to renew or restore a license, applicants shall
| ||
provide proof of having met the
requirements of continuing | ||
education set forth in the
rules of the
Department. Continuing | ||
education sponsors approved by the Department may not use an | ||
individual to engage in clinical demonstration, unless that | ||
individual is actively licensed under this Act or licensed by | ||
another state or country as set forth in Section 20.1 of this | ||
Act.
|
A person who has permitted his or her license to expire or | ||
who has had
his or her license on inactive status may have the | ||
license restored by
submitting an application to the | ||
Department, by meeting continuing education
requirements, and | ||
by filing proof acceptable to the Department of fitness to
have | ||
the license restored, which may include sworn evidence | ||
certifying to
active practice in another jurisdiction | ||
satisfactory to the Department and by
paying the required | ||
restoration fee. If the person has not maintained an
active | ||
practice in another jurisdiction satisfactory to the | ||
Department, the
Department shall determine , by an evaluation | ||
program established by rule, his
or her fitness to resume | ||
active status and may require the person to complete a
period | ||
of evaluated clinical experience and may require successful | ||
completion
of a practical examination.
| ||
Any acupuncturist whose license expired while he or she
was
| ||
(1) in federal service on active duty with the Armed Forces of | ||
the
United States or the State Militia called into service or | ||
training
or (2) in training or education under the supervision | ||
of the
United States preliminary to induction into the military | ||
service,
however, may have his or her license registration | ||
restored without paying any
lapsed renewal fees if within 2 | ||
years after honorable termination
of service, training, or | ||
education, he or she furnishes the
Department with satisfactory | ||
evidence that he or she
has been so engaged and that his or her | ||
service, training, or
education has been terminated.
|
(Source: P.A. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/105)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 105. Unlicensed practice; civil penalty. | ||
(a) A person who practices,
offers to practice, attempts to | ||
practice, or holds himself or herself out to
practice as
a
| ||
licensed acupuncturist without being licensed under this Act | ||
shall, in addition
to any other penalty provided by law, pay a | ||
civil penalty to the Department in
an amount not to exceed | ||
$10,000 for each offense as determined by the
Department. The | ||
civil penalty shall be assessed by the Department after a
| ||
hearing is held in accordance with the provisions set forth in | ||
this Act
regarding the provision of a hearing for the | ||
discipline of a licensee.
| ||
(b) The Department has the authority and power to | ||
investigate any and all unlicensed activity. | ||
(c) The civil penalty shall be paid within 60 days after | ||
the effective date of the order imposing the civil penalty. The | ||
order shall constitute a judgment and may be filed and | ||
execution had thereon in the same manner as any judgment from | ||
any court of record. | ||
(Source: P.A. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/110)
| ||
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 110. Grounds for disciplinary action.
| ||
(a) The Department may refuse to issue or to renew, place | ||
on probation,
suspend, revoke or take other disciplinary or | ||
non-disciplinary action as deemed appropriate
including the | ||
imposition of fines not to exceed $10,000 for each
violation,
| ||
as the Department may deem proper,
with
regard to a license for | ||
any one or combination of the
following
causes:
| ||
(1) Violations of this the Act or its rules.
| ||
(2) Conviction by or plea of guilty or nolo contendere , | ||
finding of guilt, jury verdict, or entry of judgment or | ||
sentencing, including, but not limited to, convictions, | ||
preceding sentences of supervision, conditional discharge, | ||
or first offender probation, under the laws of any | ||
jurisdiction of the United States that is of any crime | ||
under the laws of the United States or any state or | ||
territory thereof that is (i) a felony or (ii) a | ||
misdemeanor, an
essential element of which is dishonesty or | ||
that is directly
related to the practice of the profession.
| ||
(3) Making any misrepresentation for the purpose of
| ||
obtaining a license.
| ||
(4) Aiding or assisting another person in violating any
| ||
provision of this Act or its rules.
| ||
(5) Failing to provide information within 60 days in
| ||
response to a written request made by the Department which | ||
has
been sent by certified or registered mail to the | ||
licensee's
last known address of record or by email to the |
licensee's email address of record .
| ||
(6) Discipline by another U.S. jurisdiction or foreign
| ||
nation, if at least one of the grounds for the discipline | ||
is the same or
substantially equivalent to one set forth in | ||
this Section.
| ||
(7) Solicitation of professional services by means | ||
other
than permitted under this Act.
| ||
(8) Failure to provide a patient with a copy of his or
| ||
her record upon the written request of the patient.
| ||
(9) Gross negligence in the practice of acupuncture.
| ||
(10) Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in an
acupuncturist's inability to practice | ||
with reasonable judgment, skill, or
safety.
| ||
(11) A finding that licensure has been
applied for or
| ||
obtained by fraudulent means.
| ||
(12) A pattern of practice or other behavior that | ||
demonstrates
incapacity or incompetence to practice under | ||
this Act.
| ||
(13) Being named as a perpetrator in an indicated | ||
report
by the Department of Children and Family Services | ||
under the
Abused and Neglected Child Reporting Act and upon | ||
proof by
clear and convincing evidence that the licensee | ||
has caused a
child to be an abused child or a neglected | ||
child as defined in
the Abused and Neglected Child | ||
Reporting Act.
|
(14) Willfully Wilfully failing to report an instance | ||
of suspected
child abuse or neglect as required by the | ||
Abused and Neglected
Child Reporting Act.
| ||
(15) The use of any words, abbreviations, figures or
| ||
letters (such as " Acupuncturist " , " Licensed | ||
Acupuncturist " ,
" Certified Acupuncturist " , "Doctor of | ||
Acupuncture and Chinese Medicine", "Doctor of Acupuncture | ||
and Oriental Medicine", "Doctor of Acupuncture", "Oriental | ||
Medicine Practitioner", "Licensed Oriental Medicine | ||
Practitioner", "Oriental Medicine Doctor", "Licensed | ||
Oriental Medicine Doctor", " C.A. " , " Act. " , " Lic. Act. " , or | ||
" Lic. Ac. " , "D.Ac.", "DACM", "DAOM", or "O.M.D." ) or any | ||
designation used by the Accreditation Commission for | ||
Acupuncture and Oriental Medicine
with the intention of | ||
indicating practice as a licensed
acupuncturist without a | ||
valid license as an acupuncturist
issued under this Act.
| ||
When the name of the licensed acupuncturist is used | ||
professionally in oral, written, or printed announcements, | ||
professional cards, or publications for the information of | ||
the public, the degree title or degree abbreviation shall | ||
be added immediately following title and name. When the | ||
announcement, professional card, 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 "acupuncturist", either directly | ||
or indirectly, in connection with his or her profession or | ||
business.
| ||
(16) Using claims of superior quality of care to entice
| ||
the public or advertising fee comparisons of available | ||
services with those of
other persons providing acupuncture | ||
services.
| ||
(17) Advertising of professional services that the | ||
offeror of the
services is not licensed to render. | ||
Advertising of professional services that
contains false, | ||
fraudulent, deceptive, or misleading material or | ||
guarantees of
success,
statements that play upon the vanity | ||
or fears of the public, or statements that
promote or | ||
produce unfair competition.
| ||
(18) Having treated ailments of human beings other than | ||
by
the practice of
acupuncture as defined in this Act, or | ||
having treated ailments of human beings
as a licensed | ||
acupuncturist pursuant to a
referral by written order
that | ||
provides for management of the patient by a physician or | ||
dentist without having notified the
physician or dentist | ||
who established the diagnosis that the patient is
receiving | ||
acupuncture treatments treatment .
| ||
(19) Unethical, unauthorized, or unprofessional | ||
conduct as defined by
rule.
| ||
(20) Physical illness, mental illness, or other | ||
impairment that results in the inability
to practice the |
profession with reasonable judgment, skill, and safety, | ||
including , without limitation , deterioration through the | ||
aging process, mental illness, or disability.
| ||
(21) Violation of the Health Care Worker Self-Referral | ||
Act.
| ||
(22) Failure to refer a patient whose condition should, | ||
at the time of evaluation or treatment, be determined to be | ||
beyond the scope of practice of the acupuncturist to a | ||
licensed physician or dentist. | ||
The entry of an order by a circuit court establishing that | ||
any person
holding a license under this Act is subject to | ||
involuntary admission or
judicial admission as provided for in | ||
the Mental Health and Developmental
Disabilities Code operates | ||
as an automatic suspension of that license. That
person may | ||
have his or her license restored only upon the determination by | ||
a
circuit court that the patient is no longer subject to | ||
involuntary admission or
judicial admission and the issuance of | ||
an order so finding and discharging the
patient and upon the | ||
Board's recommendation to the Department that the license
be | ||
restored. Where the circumstances so indicate, the Board may | ||
recommend to
the Department that it require an examination | ||
prior to restoring a suspended
license.
| ||
The Department may refuse to issue or renew the license
of | ||
any person
who
fails to (i) file a return or to pay the tax,
| ||
penalty or interest shown in a filed return or (ii) pay any | ||
final
assessment of the tax, penalty, or interest as required |
by any tax
Act administered by the Illinois Department of | ||
Revenue, until the
time that the requirements of that tax Act | ||
are satisfied.
| ||
In enforcing this Section, the Department or Board 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. Failure of an | ||
individual to submit to a mental
or
physical examination, when | ||
directed, shall be grounds for suspension of his or
her
license | ||
until the individual submits to the examination if the | ||
Department
finds,
after notice and hearing, that the refusal to | ||
submit to the examination was
without reasonable cause.
| ||
If the Department or Board finds an individual unable to | ||
practice because of
the
reasons
set forth in this Section, the | ||
Department or Board may require that individual
to submit
to
|
care, counseling, or treatment by physicians approved
or | ||
designated by the Department or Board , as a condition, term, or | ||
restriction
for continued,
restored reinstated , or
renewed | ||
licensure to practice; or, in lieu of care, counseling, or | ||
treatment,
the Department may file , or
the Board may recommend | ||
to the Department to file, a complaint to immediately
suspend, | ||
revoke, or otherwise discipline the license of the individual.
| ||
An individual whose
license was granted, continued, restored | ||
reinstated , renewed, disciplined or supervised
subject to such | ||
terms, conditions, or restrictions, and who fails to comply
| ||
with
such terms, conditions, or restrictions, shall be referred | ||
to the Secretary for
a
determination as to whether the | ||
individual shall have his or her license
suspended immediately, | ||
pending a hearing by the Department.
| ||
In instances in which the Secretary immediately suspends a | ||
person's license
under this Section, a hearing on that person's | ||
license must be convened by
the Department within 30 days after | ||
the suspension and completed without
appreciable
delay.
The | ||
Department and Board shall have the authority to review the | ||
subject
individual's record of
treatment and counseling | ||
regarding the impairment to the extent permitted by
applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of
medical records.
| ||
An individual licensed under this Act and affected under | ||
this Section shall
be
afforded an opportunity to demonstrate to | ||
the Department or Board 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. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/120)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 120. Checks or orders to Department dishonored because
| ||
of insufficient funds. Any person who issues or delivers a | ||
check
or other order to the Department that is not honored on 2 | ||
occasions
by the financial institution upon which it is drawn | ||
because of
insufficient funds on account, the account is | ||
closed, or a stop
payment has been placed on the check or order | ||
shall pay to the
Department, in addition to the amount owing | ||
upon the check or other
order, a fee of $50. If the check or | ||
other order was issued or
delivered in payment of a renewal or | ||
issuance fee and the person
whose license registration has | ||
lapsed continues to practice acupuncture without
paying the | ||
renewal or issuance fee and the required $50 fee under
this | ||
Section, an additional fee of $100 shall be imposed. The fees
| ||
imposed by this Section are in addition to any other | ||
disciplinary
provision under this Act prohibiting practice on | ||
an expired or
non-renewed license registration. The Department
| ||
shall mail a registration renewal form to each registrant 60 | ||
days before the
expiration of the registrant's current | ||
registration.
The Department shall notify a person whose
| ||
registration has lapsed, within 30 days after the discovery of |
the
lapse, that the individual is engaged in the unauthorized | ||
practice
of acupuncture and of the amount due to the Department | ||
which shall
include the lapsed renewal fee and all other fees | ||
required by this
Section . If after the expiration of 30 days | ||
from the date of the
notification a person whose license | ||
registration has lapsed seeks a current license
registration , | ||
he or she shall thereafter apply to the Department for
| ||
restoration of the license registration and pay all fees due to | ||
the Department.
The Department may establish a fee for the | ||
processing of an
application for restoration of a license | ||
registration that allows the Department
to pay all costs and | ||
expenses incident to the processing of this
application. The | ||
Secretary may waive the fees due under this
Section in | ||
individual cases where he or she finds that the fees
would be | ||
unreasonably or unnecessarily burdensome.
| ||
(Source: P.A. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/130)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 130. Injunctions; criminal offenses; cease and desist
| ||
order.
| ||
(a) If any person violates the provisions of this Act, the | ||
Secretary may, in the name of the People of the State of | ||
Illinois,
through the Attorney General of the State of Illinois | ||
or the
State's Attorney for any county in which the action is | ||
brought,
petition for an order enjoining the violation or for |
an order
enforcing compliance with this Act. Upon the filing of | ||
a verified
petition in court, the court may issue a temporary | ||
restraining
order, without notice or condition, and may | ||
preliminarily and
permanently enjoin the violation. If it is | ||
established that the
person has violated or is violating the | ||
injunction, the court Court may
punish the offender for | ||
contempt of court. Proceedings under this
Section shall be in | ||
addition to, and not in lieu of, all other
remedies and | ||
penalties provided by this Act.
| ||
(b) Whenever in the opinion of the Department a person | ||
violates a
provision of this Act, the Department may issue a | ||
rule to show cause why an
order to cease and desist should not | ||
be entered against that person. The rule
shall clearly set | ||
forth the grounds relied upon by the Department and shall
allow | ||
at least 7 days from the date of the rule to file an answer to | ||
the
satisfaction of the Department. Failure to answer to the | ||
satisfaction of the
Department shall cause an order to cease | ||
and desist to be issued immediately.
| ||
(c) Other than as provided in Section 20 of this Act, if | ||
any
person practices as an acupuncturist or holds himself or | ||
herself
out as a licensed acupuncturist under this Act without | ||
being
issued
a valid existing license by the Department, then | ||
any
licensed
acupuncturist, any interested party, or any person | ||
injured thereby
may, in addition to the Secretary, petition for | ||
relief as provided
in subsection (a) of this Section.
| ||
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/140)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 140. Investigation; notice; hearing. Licenses may be | ||
refused,
revoked, suspended,
or otherwise disciplined in the | ||
manner provided by this Act and not otherwise.
The Department | ||
may upon its own motion or upon the
complaint
of any person | ||
setting forth facts that if proven would constitute
grounds for | ||
refusal to issue or renew
or for suspension, revocation, or | ||
other disciplinary action
under this Act,
investigate
the
| ||
actions of a person applying for, holding, or claiming to hold | ||
a license. The
Department shall, before refusing to issue or | ||
renew, suspending,
revoking, or taking other disciplinary | ||
action regarding a
license or taking other discipline pursuant | ||
to Section 110 of this Act, and at
least 30 days prior to the | ||
date set for the hearing, notify in writing the
applicant or | ||
licensee of any charges made, shall afford
the applicant or | ||
licensee an opportunity to be heard in person or by counsel in
| ||
reference to the charges, and direct the applicant or licensee | ||
to file a
written
answer to the Department under oath within 20 | ||
days after the service of the
notice and inform the applicant | ||
or licensee that failure to file an answer will
result in | ||
default being taken against the applicant or licensee and that | ||
the
license may be suspended, revoked, placed on probationary | ||
status, or other
disciplinary action may be
taken, including | ||
limiting the scope, nature, or extent of practice, as the
|
Secretary may deem proper. Written notice may be served by : (1) | ||
personal delivery
to the applicant or licensee ; or by (2) | ||
mailing the notice by registered or certified mail to
his or | ||
her address of record last known place of residence or to the | ||
place of business last
specified by the applicant or licensee | ||
in his or her last notification
to
the Department ; or (3) | ||
sending notice via email to the applicant's or licensee's email | ||
address of record . If the person fails to file an answer after | ||
receiving
notice, his or her license may, in the discretion of | ||
the Department, be
suspended, revoked, or placed on | ||
probationary status or the Department may take
whatever | ||
disciplinary action deemed proper, including limiting the | ||
scope,
nature, or extent of the person's practice or the | ||
imposition of a fine, without
a hearing, if the act or acts | ||
charged constitute sufficient grounds for such
action under | ||
this Act. At the time and place fixed in the notice, the
| ||
Department shall proceed to hearing of the charges and both the | ||
applicant or
licensee
and the complainant shall be afforded | ||
ample opportunity to present, in person
or by counsel, any | ||
statements, testimony, evidence, and arguments that may be
| ||
pertinent to the charges or to their defense. The Department | ||
may continue a
hearing from time to time.
If the Board is not | ||
sitting at the time and place fixed in the notice or
at the | ||
time and place to which the hearing shall have been continued, | ||
the
Department may continue the hearing for a period not to | ||
exceed 30 days.
|
(Source: P.A. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/142 new) | ||
Sec. 142. Confidentiality. All information collected by | ||
the Department in the course of an examination or investigation | ||
of a licensee or applicant, including, but not limited to, any | ||
complaint against a licensee filed with the Department and | ||
information collected to investigate any such complaint, shall | ||
be maintained for the confidential use of the Department and | ||
may not be disclosed. The Department may not disclose the | ||
information to anyone other than law enforcement officials, | ||
other regulatory agencies that have an appropriate regulatory | ||
interest as determined by the Secretary of the Department, or a | ||
party presenting a lawful subpoena to the Department. | ||
Information and documents disclosed to a federal, State, | ||
county, or local law enforcement agency may not be disclosed by | ||
the agency for any purpose to any other agency or person. A | ||
formal complaint filed by the Department against a licensee or | ||
applicant is a public record, except as otherwise prohibited by | ||
law.
| ||
(225 ILCS 2/152)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 152. Certification of record. The Department shall not | ||
be required
to certify any a record to the court, file any | ||
answer in court, or otherwise
appear in any court in a judicial |
review proceeding, unless and until the Department has received | ||
from the plaintiff payment of the costs of furnishing and | ||
certifying the record, which costs shall be determined by the | ||
Department. Exhibits shall be certified without cost there is | ||
filed in
the court with the complaint a receipt from the | ||
Department acknowledging
payment of the costs of furnishing and | ||
certifying the record . Failure on the
part of the plaintiff to | ||
file a receipt in court shall be grounds for
dismissal of the | ||
action.
| ||
(Source: P.A. 90-61, eff. 7-3-97 .)
| ||
(225 ILCS 2/160)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 160. Findings of facts, conclusions of law, and
| ||
recommendations. At the conclusion of the hearing, the Board
| ||
shall present to the Secretary a written report of its findings | ||
of
fact, conclusions of law, and recommendations. The report | ||
shall
contain a finding whether or not the accused person | ||
violated this
Act or failed to comply with the conditions | ||
required in this Act.
The Board shall specify the nature of the | ||
violation or failure
to comply and shall make its | ||
recommendations to the Secretary.
| ||
The report of findings of fact, conclusions of law, and
| ||
recommendations of the Board may be the basis of the
order of
| ||
the Department. If the Secretary
disagrees in any regard with | ||
the
report of the Board, the Secretary may issue an order in
|
contravention of the report. The Secretary shall provide notice | ||
to the Board
on any deviation and the reasons
for the | ||
deviation. 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. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/170)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 170. Service of report; rehearing; order. In any case
| ||
involving the refusal to issue or renew a license or the | ||
discipline of a license, a copy of the Board's
hearing | ||
officer'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 such | ||
a motion, or if a motion for
rehearing is denied, then upon the | ||
denial the Secretary may enter an
order in accordance with | ||
recommendations of the Board, except as provided in Section 175 | ||
of this Act. If the respondent orders from
the reporting | ||
service office and pays for a transcript of the record within
| ||
the time for filing a motion for rehearing, the 20-day 20 day |
period
within which the motion may be filed shall commence upon | ||
the
delivery of the transcript to the respondent.
| ||
(Source: P.A. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/175)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 175. Substantial justice to be done; rehearing.
| ||
Whenever the Secretary is satisfied that substantial justice | ||
has not
been done in the revocation, suspension, or refusal to | ||
issue, restore, or renew discipline of a license,
or other | ||
discipline of an applicant or licensee, the Secretary may order | ||
a rehearing by the same or other examiners
another hearing | ||
officer .
| ||
(Source: P.A. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/190)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 190. Surrender of license registration . Upon the | ||
revocation
or suspension of any license registration , the | ||
licensee registrant shall immediately surrender
the license | ||
registration certificate to the Department. If the licensee | ||
registrant fails to do
so, the
Department shall have the right | ||
to seize the license registration certificate.
| ||
(Source: P.A. 95-450, eff. 8-27-07.)
| ||
(225 ILCS 2/200)
|
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 200. Review under Administrative Review Law. All
final | ||
administrative decisions of the Department are subject to
| ||
judicial review under the Administrative Review Law and all | ||
rules adopted under the Administrative Review Law .
The term
| ||
"administrative decision" is defined as in Section 3-101 of the
| ||
Code of Civil Procedure.
| ||
Proceedings for judicial review shall be commenced in the | ||
circuit court of the county in which the party applying for | ||
review resides; however, if the party is not a resident of this | ||
State, the venue shall be Sangamon County. | ||
(Source: P.A. 89-706, eff. 1-31-97 .)
| ||
(225 ILCS 2/90 rep.) | ||
Section 15. The Acupuncture Practice Act is amended by | ||
repealing Section 90.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|