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Public Act 097-1141 | ||||
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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 1. The Regulatory Sunset Act is amended by changing | ||||
Sections 4.23 and 4.33 as follows:
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(5 ILCS 80/4.23)
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Sec. 4.23. Section Acts and Sections repealed on January 1,
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2013. The following Section of an Act is Acts and Sections of | ||||
Acts are
repealed on January 1, 2013:
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The Dietetic and Nutrition Services Practice Act.
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Section 2.5 of the Illinois Plumbing License Law.
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(Source: P.A. 96-1499, eff. 1-18-11; 97-706, eff. 6-25-12; | ||||
97-778, eff. 7-13-12; 97-804, eff. 1-1-13; 97-979, eff. | ||||
8-17-12; 97-1048, eff. 8-22-12; 97-1130, eff. 8-28-12; revised | ||||
9-20-12.)
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(5 ILCS 80/4.33) | ||||
Sec. 4.33. Acts Act repealed on January 1,
2023. The | ||||
following Acts are Act is
repealed on January 1, 2023: | ||||
The Dietitian Nutritionist Practice Act. | ||||
The Elevator Safety and Regulation Act.
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The Fire Equipment Distributor and Employee Regulation Act | ||||
of 2011. |
The Funeral Directors and Embalmers Licensing Code. | ||
The Naprapathic Practice Act. | ||
The Professional Counselor and Clinical Professional | ||
Counselor
Licensing and Practice Act. | ||
The Wholesale Drug Distribution Licensing Act. | ||
(Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12; | ||
97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff. | ||
8-22-12; 97-1130, eff. 8-28-12; revised 9-20-12.) | ||
Section 2. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by changing Section 2310-210 as follows:
| ||
(20 ILCS 2310/2310-210) (was 20 ILCS 2310/55.62a)
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Sec. 2310-210. Advisory Panel on Minority Health.
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(a) In this Section:
| ||
"Health profession" means any health profession regulated | ||
under the laws of
this State, including, without limitation, | ||
professions regulated under the
Illinois Athletic Trainers | ||
Practice Act, the Clinical Psychologist Licensing
Act, the | ||
Clinical Social Work and Social Work Practice Act, the Illinois | ||
Dental
Practice Act, the Dietitian Nutritionist Dietetic and | ||
Nutrition Services Practice Act, the Marriage
and Family | ||
Therapy Licensing Act, the Medical Practice Act of 1987, the
| ||
Naprapathic Practice Act, the Nurse Practice Act, the
Illinois
| ||
Occupational Therapy Practice Act, the Illinois Optometric |
Practice Act of
1987, the Illinois
Physical Therapy Act, the | ||
Physician Assistant Practice Act of 1987, the
Podiatric Medical | ||
Practice Act of
1987, the Professional Counselor and Clinical | ||
Professional Counselor Licensing
Act, and the Illinois | ||
Speech-Language Pathology and Audiology Practice Act.
| ||
"Minority" has the same meaning as in Section 2310-215.
| ||
(b) The General Assembly finds as follows:
| ||
(1) The health status of individuals from ethnic and | ||
racial minorities in
this State is significantly lower than | ||
the health status of the general
population of the State.
| ||
(2) Minorities suffer disproportionately high rates of | ||
cancer, stroke,
heart disease, diabetes, sickle-cell | ||
anemia, lupus, substance abuse, acquired
immune deficiency | ||
syndrome, other diseases and disorders, unintentional
| ||
injuries, and suicide.
| ||
(3) The incidence of infant mortality among minorities | ||
is almost double
that for the general population.
| ||
(4) Minorities suffer disproportionately from lack of | ||
access to health
care and poor living conditions.
| ||
(5) Minorities are under-represented in the health | ||
care professions.
| ||
(6) Minority participation in the procurement policies | ||
of the health care
industry is lacking.
| ||
(7) Minority health professionals historically have | ||
tended to practice in
low-income areas and to serve | ||
minorities.
|
(8) National experts on minority health report that | ||
access to health care
among minorities can be substantially | ||
improved by increasing the number of
minority health | ||
professionals.
| ||
(9) Increasing the number of minorities serving on the | ||
facilities of
health professional schools is an important | ||
factor in attracting minorities to
pursue a career in | ||
health professions.
| ||
(10) Retaining minority health professionals currently | ||
practicing in this
State and those receiving training and | ||
education in this State is an important
factor in | ||
maintaining and increasing the number of minority health
| ||
professionals in Illinois.
| ||
(11) An Advisory Panel on Minority Health is necessary | ||
to address the
health issues affecting minorities in this | ||
State.
| ||
(c) The General Assembly's intent is as follows:
| ||
(1) That all Illinoisans have access to health care.
| ||
(2) That the gap between the health status of | ||
minorities and other
Illinoisans
be closed.
| ||
(3) That the health issues that disproportionately | ||
affect minorities be
addressed to improve the health status | ||
of minorities.
| ||
(4) That the number of minorities in the health | ||
professions be increased.
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(d) The Advisory Panel on Minority Health is created. The |
Advisory Panel
shall consist of 25 members appointed by the | ||
Director of Public Health. The
members shall represent health | ||
professions and the General Assembly.
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(e) The Advisory Panel shall assist the Department in the | ||
following manner:
| ||
(1) Examination of the following areas as they relate | ||
to minority health:
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(A) Access to health care.
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(B) Demographic factors.
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(C) Environmental factors.
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(D) Financing of health care.
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(E) Health behavior.
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(F) Health knowledge.
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(G) Utilization of quality care.
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(H) Minorities in health care professions.
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(2) Development of monitoring, tracking, and reporting | ||
mechanisms for
programs
and services with minority health | ||
goals and objectives.
| ||
(3) Communication with local health departments, | ||
community-based
organizations,
voluntary health | ||
organizations, and other public and private organizations
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statewide, on an ongoing basis, to learn more about their | ||
services to
minority communities, the health problems of | ||
minority communities, and their
ideas for improving | ||
minority health.
| ||
(4) Promotion of communication among all State |
agencies that provide
services
to minority populations.
| ||
(5) Building coalitions between the State and | ||
leadership in minority
communities.
| ||
(6) Encouragement of recruitment and retention of | ||
minority health
professionals.
| ||
(7) Improvement in methods for collecting and | ||
reporting data on minority
health.
| ||
(8) Improvement in accessibility to health and medical | ||
care for minority
populations in under-served rural and | ||
urban areas.
| ||
(9) Reduction of communication barriers for | ||
non-English speaking
residents.
| ||
(10) Coordination of the development and dissemination | ||
of culturally
appropriate
and sensitive education | ||
material, public awareness messages, and health
promotion | ||
programs for minorities.
| ||
(f) On or before January 1, 1997 the Advisory Panel shall | ||
submit an
interim report to the Governor and the General | ||
Assembly. The interim report
shall include an update on the | ||
Advisory Panel's progress in performing its
functions under | ||
this Section and shall include
recommendations, including | ||
recommendations for any necessary legislative
changes.
| ||
On or before January 1, 1998 the Advisory Panel shall | ||
submit a final report
to the Governor and the General Assembly. | ||
The final report shall include the
following:
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(1) An evaluation of the health status of minorities in |
this State.
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(2) An evaluation of minority access to health care in | ||
this State.
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(3) Recommendations for improving the health status of | ||
minorities in this
State.
| ||
(4) Recommendations for increasing minority access to | ||
health care in this
State.
| ||
(5) Recommendations for increasing minority | ||
participation in the
procurement policies of the health | ||
care industry.
| ||
(6) Recommendations for increasing the number of | ||
minority health
professionals in this State.
| ||
(7) Recommendations that will ensure that the health | ||
status of minorities
in this State continues to be | ||
addressed beyond the expiration of the Advisory
Panel.
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(Source: P.A. 95-639, eff. 10-5-07.)
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Section 3. The Illinois Insurance Code is amended by | ||
changing Section 356w as follows:
| ||
(215 ILCS 5/356w)
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Sec. 356w. Diabetes self-management training and | ||
education.
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(a) A group policy of accident and health insurance that is | ||
amended,
delivered,
issued, or renewed after the
effective date | ||
of this amendatory Act of 1998 shall provide coverage for
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outpatient self-management
training and education, equipment, | ||
and supplies, as set forth in this Section,
for the treatment | ||
of type 1 diabetes, type 2 diabetes, and gestational diabetes
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mellitus.
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(b) As used in this Section:
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"Diabetes self-management training"
means instruction in | ||
an outpatient setting
which enables a diabetic patient to | ||
understand the diabetic management process
and daily | ||
management of
diabetic therapy as a means of avoiding frequent | ||
hospitalization and
complications. Diabetes self-management | ||
training shall include
the content areas listed in the National | ||
Standards for Diabetes Self-Management
Education Programs as | ||
published by the American Diabetes Association, including
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medical nutrition therapy and education programs, as defined by | ||
the contract of insurance, that allow the patient to maintain | ||
an A1c level within the range identified in nationally | ||
recognized standards of care.
| ||
"Medical nutrition therapy" shall have the meaning
| ||
ascribed to that term "medical nutrition care" in the Dietitian | ||
Nutritionist Dietetic and Nutrition Services
Practice Act.
| ||
"Physician" means a
physician licensed to practice | ||
medicine in all of
its branches providing care to the | ||
individual.
| ||
"Qualified provider" for an
individual that is enrolled in:
| ||
(1) a health maintenance organization that uses a
| ||
primary
care physician to
control access to specialty care |
means (A) the individual's primary care
physician licensed | ||
to practice
medicine in all of its branches, (B) a | ||
physician licensed to practice
medicine in all of its | ||
branches to
whom the individual has been referred by the | ||
primary care physician, or (C) a
certified, registered, or
| ||
licensed network health care professional with expertise | ||
in diabetes management
to whom the individual
has been | ||
referred by the primary care physician.
| ||
(2) an insurance plan
means (A) a physician licensed to | ||
practice medicine in
all of its branches or (B) a
| ||
certified, registered, or licensed health care | ||
professional with expertise in
diabetes management to whom | ||
the individual has been referred by a physician.
| ||
(c) Coverage under this Section for diabetes | ||
self-management training,
including medical nutrition
| ||
education, shall be limited to the following:
| ||
(1) Up to 3 medically necessary visits to a qualified | ||
provider upon
initial diagnosis of diabetes
by the | ||
patient's
physician or, if diagnosis of diabetes was made | ||
within one year prior to the
effective date of
this | ||
amendatory Act
of 1998 where the insured was a covered | ||
individual, up to 3 medically necessary
visits to a | ||
qualified provider within one
year after that
effective
| ||
date.
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(2) Up to 2 medically necessary visits to a qualified | ||
provider upon a
determination by a
patient's
physician that |
a significant change in the patient's symptoms or medical
| ||
condition has
occurred. A "significant change" in | ||
condition means symptomatic
hyperglycemia (greater than | ||
250 mg/dl on repeated occasions), severe
hypoglycemia | ||
(requiring the assistance of another person), onset or | ||
progression
of diabetes, or a significant change in medical | ||
condition that would require a
significantly different | ||
treatment regimen.
| ||
Payment by the insurer or health maintenance organization | ||
for the coverage
required for diabetes self-management | ||
training pursuant to the provisions of
this Section is only | ||
required to be made for services provided.
No coverage is | ||
required for additional visits beyond those specified in items
| ||
(1) and (2) of this subsection.
| ||
Coverage under this subsection (c) for diabetes | ||
self-management training
shall
be subject to the same
| ||
deductible, co-payment, and co-insurance provisions that apply | ||
to coverage
under
the policy for other
services provided by the | ||
same type of provider.
| ||
(d) Coverage shall be provided for the following
equipment | ||
when medically necessary
and prescribed by a physician licensed | ||
to practice medicine in all
of its branches.
Coverage for the | ||
following items shall be subject to deductible, co-payment
and | ||
co-insurance provisions
provided for under the policy or a | ||
durable medical equipment rider to the
policy:
| ||
(1) blood glucose monitors;
|
(2) blood glucose monitors for the legally blind;
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(3) cartridges for the legally blind; and
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(4) lancets and lancing devices.
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This subsection does not apply to a group policy of | ||
accident and health
insurance that does not provide a durable | ||
medical equipment benefit.
| ||
(e) Coverage shall be provided for the following | ||
pharmaceuticals and
supplies when
medically necessary and | ||
prescribed by a physician licensed to
practice medicine in all | ||
of its
branches.
Coverage for the following items shall be | ||
subject to the same coverage,
deductible,
co-payment, and | ||
co-insurance
provisions under the policy or a drug rider to the | ||
policy:
| ||
(1) insulin;
| ||
(2) syringes and needles;
| ||
(3) test strips for glucose monitors;
| ||
(4) FDA approved oral agents used to control blood | ||
sugar; and
| ||
(5) glucagon emergency kits.
| ||
This subsection does not apply to a group policy of | ||
accident and health
insurance that does not provide a drug | ||
benefit.
| ||
(f) Coverage shall be provided for regular foot care exams | ||
by a
physician or by a
physician to whom a physician has | ||
referred the patient. Coverage
for regular foot care exams
| ||
shall be subject to the same deductible, co-payment, and |
co-insurance
provisions
that apply under the policy for
other | ||
services provided by the same type of provider.
| ||
(g) If authorized by a physician, diabetes self-management
| ||
training may be provided as a part of an office visit, group | ||
setting, or home
visit.
| ||
(h) This Section shall not apply to agreements, contracts, | ||
or policies that
provide coverage for a specified diagnosis or | ||
other limited benefit coverage.
| ||
(Source: P.A. 97-281, eff. 1-1-12.)
| ||
Section 5. The Dietetic and Nutrition Services Practice Act | ||
is amended by changing Sections 1, 10, 15, 15.5, 20, 30, 37, | ||
45, 65, 70, 80, 85, 95, 97, 100, 105, 110, 115, 120, 125, 130, | ||
135, 140, 145, 155, 165, 175, and 180 and by adding Section 108 | ||
as follows:
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(225 ILCS 30/1) (from Ch. 111, par. 8401-1)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 1. Short title. This Act may be cited as the Dietitian | ||
Nutritionist Dietetic and Nutrition Services Practice Act.
| ||
(Source: P.A. 87-784.)
| ||
(225 ILCS 30/10) (from Ch. 111, par. 8401-10)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 10. Definitions. As used in this Act:
| ||
"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application
| ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or
| ||
licensee to inform the Department of any change of address and | ||
those changes must be made either through the Department's | ||
website or by contacting the Department. | ||
"Board" means the Dietitian Nutritionist Practice Board
| ||
appointed by the Secretary Director .
| ||
"Certified clinical nutritionist" means an individual | ||
certified by the Clinical Nutrition Certification Board. | ||
"Certified nutrition specialist" means an individual | ||
certified by the Certification Board of Nutrition Specialists. | ||
"Department" means the Department of Financial and | ||
Professional Regulation.
| ||
"Dietetics and nutrition services" means the integration | ||
and application of principles derived from the sciences of food | ||
and nutrition to provide for all aspects of nutrition care for | ||
individuals and groups, including, but not limited to: | ||
(1) nutrition counseling; "nutrition counseling" means | ||
advising and assisting individuals or groups on | ||
appropriate nutrition intake by integrating information | ||
from the nutrition assessment; | ||
(2) nutrition assessment; "nutrition assessment" means | ||
the evaluation of the nutrition needs of individuals or | ||
groups using appropriate data to determine nutrient needs | ||
or status and make appropriate nutrition recommendations; |
(3) medically prescribed diet; "medically prescribed | ||
diet" means a diet prescribed when specific food or | ||
nutrient levels need to be monitored, altered, or both as a | ||
component of a treatment program for an individual whose | ||
health status is impaired or at risk due to disease, | ||
injury, or surgery and may only be performed as initiated | ||
by or in consultation with a physician licensed to practice | ||
medicine in all of its branches; | ||
(4) medical nutrition therapy; "medical nutrition | ||
therapy" means the component of nutrition care that deals | ||
with: | ||
(A) interpreting and recommending nutrient needs | ||
relative to medically prescribed diets, including, but | ||
not limited to, enteral feedings, specialized | ||
intravenous solutions, and specialized oral feedings; | ||
(B) food and prescription drug interactions; and | ||
(C) developing and managing food service | ||
operations whose chief function is nutrition care and | ||
provision of medically prescribed diets; | ||
(5) nutrition services for individuals and groups; | ||
"nutrition services for individuals and groups" includes, | ||
but is not limited to, all of the following: | ||
(A) providing nutrition assessments relative to | ||
preventive maintenance or restorative care; | ||
(B) providing nutrition education and nutrition | ||
counseling as components of preventive maintenance or |
restorative care; and | ||
(C) developing and managing systems whose chief | ||
function is nutrition care; nutrition services for | ||
individuals and groups does not include medical | ||
nutrition therapy as defined in this Act; and | ||
(6) restorative; "restorative" means the component of | ||
nutrition care that deals with oral dietary needs for | ||
individuals and groups; activities shall relate to the | ||
metabolism of food and the requirements for nutrients, | ||
including dietary supplements for growth, development, | ||
maintenance, or attainment of optimal health. | ||
"Dietetics" means the integration and application of | ||
principles derived
from the sciences of food and nutrition to | ||
provide for all aspects of
nutrition care for individuals and | ||
groups, including, but not limited to
nutrition services and | ||
medical nutrition therapy as defined in
this Act.
| ||
"Diplomate of the American Clinical Board of Nutrition" | ||
means an individual certified by the American Clinical Board of | ||
Nutrition. | ||
"Director" means the Director of the Department of | ||
Professional
Regulation.
| ||
"Licensed dietitian nutritionist" means a person licensed | ||
under this Act to
practice dietetics and nutrition services, as | ||
defined in this Section including medical nutrition therapy .
| ||
Activities of a licensed dietitian nutritionist do not include | ||
the medical
differential diagnosis of the health status of an |
individual.
| ||
"Medical nutrition therapy" means the component of | ||
nutrition
care that deals
with:
| ||
(a) interpreting and recommending nutrient needs | ||
relative to medically
prescribed diets, including, but not | ||
limited to tube feedings, specialized
intravenous | ||
solutions, and specialized oral feedings;
| ||
(b) food and prescription drug interactions; and
| ||
(c) developing and managing food service operations | ||
whose chief
function is nutrition care and provision of | ||
medically prescribed diets.
| ||
"Medically prescribed diet" means a diet prescribed when | ||
specific food or
nutrient levels need to be monitored, altered, | ||
or both as a component of a
treatment program for an individual | ||
whose health status is impaired or at
risk due to disease, | ||
injury, or surgery and may only be performed as
initiated by or | ||
in consultation with a physician licensed to practice
medicine | ||
in all of its branches.
| ||
"Nutrition assessment" means the evaluation of the | ||
nutrition needs of
individuals or groups using appropriate data | ||
to determine nutrient needs
or status and make appropriate | ||
nutrition recommendations.
| ||
"Nutrition counseling" means advising and assisting | ||
individuals or groups
on appropriate nutrition intake by | ||
integrating information from the nutrition
assessment.
| ||
"Nutrition services for individuals and groups" shall |
include, but is not
limited to, all of the following;
| ||
(a) Providing nutrition assessments relative to | ||
preventive maintenance
or restorative care.
| ||
(b) Providing nutrition education and nutrition | ||
counseling as
components of preventive maintenance or | ||
restorative care.
| ||
(c) Developing and managing systems whose chief | ||
function is nutrition
care. Nutrition services for | ||
individuals and groups does not include
medical nutrition | ||
therapy as defined in this Act.
| ||
"Practice experience" means a preprofessional, documented, | ||
supervised
practice in dietetics or nutrition services that is | ||
acceptable to the
Department in compliance with requirements | ||
for licensure, as specified in Section
Sections 45 and 50 . It | ||
may be or may include a documented, supervised
practice | ||
experience which is a component of the educational requirements
| ||
for licensure, as specified in Section 45 or 50 .
| ||
"Registered dietitian" means an individual registered with | ||
the Commission
on Dietetic Registration, the accrediting body | ||
of the Academy of Nutrition and Dietetics, formerly known as | ||
for the American
Dietetic
Association.
| ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"Restorative" means the component of nutrition care that | ||
deals with oral
dietary needs for individuals and groups. | ||
Activities shall relate to the
metabolism of food and the |
requirements for nutrients, including dietary
supplements for | ||
growth, development, maintenance, or attainment of optimal
| ||
health.
| ||
(Source: P.A. 92-642, eff. 10-31-03.)
| ||
(225 ILCS 30/15) (from Ch. 111, par. 8401-15)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 15. License required.
| ||
(a) No person may engage for remuneration in the practice | ||
of dietetics and nutrition services nutrition services | ||
practice
or hold himself or herself out as a licensed dietitian | ||
nutritionist unless the
person is licensed in accordance with | ||
this Act . or meets one or more of the
following criteria:
| ||
(b) This Section does not prohibit the practice of | ||
dietetics and nutrition services by the following:
| ||
(1) A The person is licensed in this State under any | ||
other Act that
authorizes the person to provide these | ||
services.
(2) The person that is licensed to practice | ||
nutrition under the law of another
state, territory of the | ||
United States, or country and has applied in writing
to the | ||
Department in form and substance satisfactory to the | ||
Department for a
license as a dietitian nutritionist until | ||
(i) the expiration of 6 months after
filing the written | ||
application, (ii) the withdrawal of the application, or
| ||
(iii) the denial of the application by the Department.
| ||
(b) No person shall practice dietetics, as defined in this |
Act, or hold
himself or herself out as a licensed dietitian | ||
nutritionist unless that
person is so
licensed under this Act | ||
or meets one or more of the following criteria:
| ||
(1) The person is licensed in this State under any | ||
other Act that
authorizes the person to provide these | ||
services.
| ||
(2) The person is a dietary technical support person, | ||
working in a
hospital setting or a regulated Department of | ||
Public Health
or Department on Aging
facility
or program, | ||
who has been trained and is supervised while engaged in the
| ||
practice of dietetics by a licensed dietitian nutritionist | ||
in accordance
with this Act and
whose services are retained | ||
by that facility or program on a full time or
regular, | ||
ongoing consultant basis.
| ||
(2) A (3) The person that is licensed to practice | ||
dietetics under
the law of another state,
territory of the | ||
United States, or country, or is a certified nutrition | ||
specialist, a certified clinical nutritionist, a diplomate | ||
of the American Clinical Board of Nutrition, or a | ||
registered dietitian, who
has applied in writing to the | ||
Department in form and substance satisfactory
to the | ||
Department for a license as a dietitian nutritionist until | ||
(i) the
expiration of
6 months after the filing the written | ||
application, (ii) the withdrawal of
the application, or | ||
(iii) the denial of the application by the Department.
| ||
(c) No person shall practice dietetics or nutrition |
services, as defined
in this Act, or hold himself or herself | ||
out as a licensed dietitian
nutritionist, a dietitian, a | ||
nutritionist, or a nutrition counselor unless the
person is
| ||
licensed in accordance with this Act.
| ||
(Source: P.A. 92-642, eff. 10-31-03.)
| ||
(225 ILCS 30/15.5)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 15.5. Unlicensed practice; violation; civil penalty.
| ||
(a) Any person who practices, offers to practice, attempts | ||
to practice, or
holds oneself out as being able to provide | ||
practice dietetics and or nutrition services 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 $5,000 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. 92-642, eff. 10-31-03.)
| ||
(225 ILCS 30/20) (from Ch. 111, par. 8401-20)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 20. Exemptions. This Act does not prohibit or | ||
restrict:
| ||
(a) Any person licensed in this State under any other Act | ||
from engaging
in the practice for which he or she is licensed.
| ||
(b) The practice of dietetics and or nutrition services by | ||
a person who is
employed by
the United States or State | ||
government or any of its bureaus, divisions, or
agencies
while | ||
in the discharge of the employee's official duties.
| ||
(c) The practice of dietetics and nutrition services by a | ||
person employed as a
cooperative extension home economist, to | ||
the extent the activities are part
of his or her employment.
| ||
(d) The practice of dietetics and nutrition services or | ||
dietetics by a person pursuing
a course of study leading to a | ||
degree in dietetics, nutrition , or an equivalent
major , as | ||
authorized by the Department, from a regionally accredited | ||
school or
program, if the activities and services constitute a | ||
part of a supervised
course of study and if the person is | ||
designated by a title that clearly
indicates the person's | ||
status as a student or trainee.
| ||
(e) The practice of dietetics and nutrition services or | ||
dietetics by a person fulfilling
the supervised practice | ||
experience component of Section Sections 45 or 50 , if the
|
activities and services constitute a part of the experience | ||
necessary to meet
the requirements of Section 45 or 50 .
| ||
(f) A person , including a licensed acupuncturist, from : | ||
(1) providing oral nutrition information as an | ||
operator or
employee of a health food store or business | ||
that sells health products,
including dietary supplements, | ||
food, or food materials ; or , or | ||
(2) disseminating
written nutrition information in | ||
connection with the marketing and
distribution of those | ||
products , or discussing the use of those products, both | ||
individually and as components of nutritional programs, | ||
including explanations of their federally regulated label | ||
claims, any known drug-nutrient interactions, their role | ||
in various diets, or suggestions as how to best use and | ||
combine them .
| ||
(g) The practice of dietetics and nutrition services by an | ||
educator who is in the
employ of a nonprofit organization ; , as | ||
authorized by the Department, a federal ,
state, county, or | ||
municipal agency, or other political subdivision; an
| ||
elementary or secondary school; or a regionally accredited | ||
institution of
higher education, as long as the activities and | ||
services of the educator are
part of his or her employment.
| ||
(h) The practice of dietetics and nutrition services by any | ||
person who provides weight
control services, provided the | ||
nutrition program has been reviewed by,
consultation is | ||
available from, and no program change can be initiated
without |
prior approval by an individual licensed under this Act,
an | ||
individual licensed to
practice dietetics or nutrition | ||
services
in another state that has
licensure requirements | ||
considered by the Department to be at least as stringent
as the | ||
requirements for licensure under this Act, or a registered | ||
dietitian.
| ||
(i) The practice of dietetics and nutrition services or | ||
dietetics by any person with a
masters or doctorate degree with | ||
a major in nutrition or equivalent from a
regionally accredited | ||
school recognized by the Department for the purpose of
| ||
education and research.
| ||
(j) A person from providing general nutrition information | ||
or encouragement of general healthy eating choices that does | ||
not include the development of a customized nutrition regimen | ||
for a particular client or individual, or from providing | ||
encouragement for compliance with a customized nutrition plan | ||
prepared by a licensed dietitian nutritionist or any other | ||
licensed professional whose scope of practice includes | ||
nutrition assessment and counseling. Any person certified in | ||
this State and who is employed by a facility
or program | ||
regulated by the State of Illinois from engaging in the | ||
practice
for which he or she is certified and authorized by the | ||
Department.
| ||
(k) The practice of dietetics and nutrition services by a | ||
graduate of a 2 year
associate program or a 4 year | ||
baccalaureate program from a school or
program accredited at |
the time of graduation by the appropriate
accrediting agency | ||
recognized by the Council on Higher Education Accreditation
and | ||
the United States Department of Education with a major in human
| ||
nutrition, food and nutrition or its equivalent, as authorized | ||
by the
Department, who is directly supervised by an individual | ||
licensed under this
Act.
| ||
(l) Providing nutrition information as an employee of a | ||
nursing
facility operated exclusively by and for those relying | ||
upon spiritual means
through prayer alone for healing in | ||
accordance with the tenets and
practices of a recognized church | ||
or religious denomination.
| ||
(m) A dietary technical support person working in a | ||
hospital setting or a regulated Department of Public Health or | ||
Department on Aging facility or program who has been trained | ||
and is supervised while engaged in the practice of dietetics by | ||
a licensed dietitian nutritionist in accordance with this Act | ||
and whose services are retained by that facility or program on | ||
a full-time or regular, ongoing consultant basis. | ||
The provisions of this Act shall not be construed to | ||
prohibit
or limit any person from the free dissemination of | ||
information, from
conducting a class or seminar, or from giving | ||
a speech related to nutrition
if that person does not hold | ||
himself or herself out as a licensed dietitian nutritionist
| ||
nutrition counselor or licensed dietitian in a manner | ||
prohibited by Section 15.
| ||
(Source: P.A. 92-642, eff. 10-31-03.)
|
(225 ILCS 30/30) (from Ch. 111, par. 8401-30)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 30. Dietitian Nutritionist Practice Board. The | ||
Secretary Director shall appoint a Dietitian
Nutritionist | ||
Practice Board as follows:
7 individuals who shall be appointed | ||
by and shall serve in an
advisory capacity to the Secretary | ||
Director . Of these 7 individuals, 6 4 members must
be licensed | ||
under this Act , 2 of which must be a registered dietitian and 2 | ||
of which must be either a certified clinical nutritionist, a | ||
certified nutrition specialist, or a diplomate of the American | ||
Clinical Board of Nutrition, ; one member must be a physician | ||
licensed to practice medicine
in
all of its branches; one | ||
member must be a licensed professional nurse; and one
member | ||
must be a public member not licensed under this Act.
| ||
Members shall serve 3-year 3 year terms and until their | ||
successors are appointed
and qualified , except the terms of the | ||
initial appointments . No member 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 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 Act | ||
and Board members in office on that date shall be appointed to
| ||
specific terms as indicated in this Section.
| ||
Insofar as possible, the licensed professionals appointed |
to serve on the Board shall be generally representative of the | ||
geographical distribution of licensed professionals within The | ||
membership of the Board shall reasonably represent all the | ||
geographic
areas in this State. Any time there is a vacancy on | ||
the Board, any
professional association composed of persons | ||
licensed under this Act may
recommend licensees to fill the | ||
vacancy to the Board for the appointment of
licensees , the | ||
organization representing the largest number of licensed
| ||
physicians for the appointment of physicians to the Board, and | ||
the
organization representing the largest number of licensed | ||
professional
nurses for the appointment of a nurse to the | ||
Board .
| ||
A vacancy in the membership of the Board shall not impair | ||
the right of a quorum to exercise all the rights 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
members of the Board.
| ||
The Secretary Director shall have the authority to remove | ||
or suspend any member of the Board for cause at any time before | ||
the expiration of his or her term. The Secretary shall be the | ||
sole arbiter of cause
from office for neglect of any duty | ||
required by law or for incompetency or
unprofessional or | ||
dishonorable conduct .
| ||
The Secretary Director shall consider the recommendation | ||
of the Board on questions
of standards of professional conduct, |
discipline, and qualifications of
candidates or licensees | ||
under this Act.
| ||
(Source: P.A. 92-642, eff. 10-31-03.)
| ||
(225 ILCS 30/45) (from Ch. 111, par. 8401-45)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 45. Dietitian nutritionist; qualifications. A person | ||
shall be
qualified for
licensure as a dietitian nutritionist if | ||
that person meets all of the
following
requirements:
| ||
(a) Has applied in writing in form and substance acceptable | ||
to the
Department and possesses a baccalaureate degree or post | ||
baccalaureate
degree in human nutrition, foods and nutrition, | ||
dietetics, food systems
management, nutrition education, | ||
nutrition, nutrition science, clinical nutrition, applied | ||
clinical nutrition, nutrition counseling, nutrition and | ||
functional medicine, nutrition and integrative health, or an | ||
equivalent major course of study as
recommended by the Board | ||
and approved by the Department from a school or
program | ||
accredited at the time of graduation from the appropriate | ||
regional
accrediting
agency recognized by the Council on Higher | ||
Education
Accreditation and the United
States Department of | ||
Education.
| ||
(b) Has successfully completed an the examination | ||
authorized by the
Department which may be or may include | ||
examinations an examination given by each of the American | ||
Clinical Board of Nutrition, the Certification Board of |
Nutrition Specialists, the Clinical Nutrition Certification | ||
Board, and the
Commission on Dietetic Registration , or another | ||
examination approved by the Department .
| ||
The Department shall establish by rule a waiver of the | ||
examination
requirement to applicants who, at the time of | ||
application, are acknowledged
to be certified clinical | ||
nutritionists by the Clinical Nutrition Certification Board, | ||
certified nutrition specialists by the Certification Board of | ||
Nutrition Specialists, diplomates of the American Clinical | ||
Board of Nutrition, or registered dietitians by the Commission | ||
on Dietetic Registration and
who are in compliance with other | ||
qualifications as included in the Act.
| ||
(c) Has completed a dietetic internship or documented, | ||
supervised practice
experience in dietetics and nutrition | ||
services of not less than 900 hours
under the supervision of a
| ||
certified clinical nutritionist, certified nutrition | ||
specialist, diplomate of the American Clinical Board of | ||
Nutrition, registered dietitian or a licensed dietitian | ||
nutritionist, a State licensed
healthcare
practitioner, or an | ||
individual with a doctoral degree conferred by a U.S.
| ||
regionally accredited college or university with a major course | ||
of study in
human nutrition, nutrition education, food and | ||
nutrition, dietetics , or food
systems management , nutrition, | ||
nutrition science, clinical nutrition, applied clinical | ||
nutrition, nutrition counseling, nutrition and functional | ||
medicine, or nutrition and integrative health . Supervised |
practice experience must be completed in the
United States or | ||
its territories. Supervisors who obtained their doctoral
| ||
degree outside the United States and its territories must have | ||
their degrees
validated as equivalent to the doctoral degree | ||
conferred by a U.S. regionally
accredited college or | ||
university.
| ||
(Source: P.A. 92-642, eff. 10-31-03.)
| ||
(225 ILCS 30/65) (from Ch. 111, par. 8401-65)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 65. Expiration and renewal dates. The expiration date | ||
and
renewal period for each license issued under this Act shall | ||
be set by rule.
| ||
As a condition for renewal of a license that expires on | ||
October 31, 2003, a
licensed nutrition counselor shall be | ||
required to complete and submit to the
Department proof of 30 | ||
hours of continuing education in dietetics or nutrition
| ||
services during the 24 months preceding the expiration date of | ||
the license in
accordance with rules established by the | ||
Department. A minimum of 24 hours of
the required 30 hours of | ||
continuing education shall be in medical nutrition
therapy, | ||
which shall
include
diet therapy, medical dietetics, clinical | ||
nutrition, or the equivalent, as
provided by continuing | ||
education sponsors approved by the Department. The
Department | ||
may adopt rules to implement this Section.
| ||
As a condition for renewal of a license, the licensee shall |
be required
to complete 30 hours of continuing education in | ||
dietetics or nutrition
services during the 24 months preceding | ||
the expiration date of the license in
accordance with rules | ||
established by the Department. The continuing
education shall | ||
be in courses approved by the Commission on Dietetic
| ||
Registration or in courses taken from a sponsor approved by the | ||
Department.
A sponsor shall be required to file an application, | ||
meet the
requirements set forth in the rules of the Department, | ||
and pay the
appropriate fee. The requirements for continuing | ||
education may be waived,
in whole or in part, in cases of | ||
extreme hardship as defined by rule of the
Department. The | ||
Department shall provide an orderly process for the
| ||
reinstatement of licenses that have not been renewed due to the | ||
failure to
meet the continuing education requirements of this | ||
Section.
| ||
Any 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, meeting continuing education
requirements, and | ||
filing proof acceptable with 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
| ||
professional experience and may require successful completion | ||
of a practical
examination.
| ||
Any person, however, whose license expired while (i) in | ||
Federal
Service on active duty with the Armed Forces of the | ||
United States, or
called into service or training with the | ||
State Militia, or (ii) in training
or education under the | ||
supervision of the United States preliminary to
induction into | ||
the military service may have his or her license restored
| ||
without paying any lapsed renewal fees if within 2 years after | ||
honorable
termination of the service, training, or education he | ||
or she furnishes the
Department with satisfactory evidence to | ||
the effect that he or she has been
so engaged and that the | ||
service, training or education has been terminated.
| ||
(Source: P.A. 92-642, eff. 7-11-02.)
| ||
(225 ILCS 30/70) (from Ch. 111, par. 8401-70)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 70. Inactive status; restoration ; military service . | ||
(a) Any person who notifies the
Department in writing on | ||
forms prescribed by the Department may elect to
place his or | ||
her license on an inactive status and shall, subject to rules
| ||
of the Department, be excused from payment of renewal fees | ||
until he or she
notifies the Department in writing of the |
desires to resume active status.
| ||
(b) A licensee 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 making application to the | ||
Department by filing proof acceptable to the Department of his | ||
or her fitness to have the license restored and by paying the | ||
required fees. Proof of fitness may include sworn evidence | ||
certifying to active lawful practice in another jurisdiction. | ||
If the licensee has not maintained an active practice in | ||
another jurisdiction satisfactory to the Department, then the | ||
Department shall determine, by an evaluation program | ||
established by rule, his or her fitness for restoration of the | ||
license and shall establish procedures and requirements for | ||
restoration. | ||
(c) A licensee 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 before induction into the military | ||
service, may have the license restored without paying any | ||
lapsed renewal fees if within 2 years after honorable | ||
termination of the service, training, or education he or she | ||
furnishes the Department with satisfactory evidence to the | ||
effect that he or she has been so engaged and that his or her | ||
service, training, or education has been so terminated. | ||
(d) Any person requesting restoration from inactive status |
shall be required
to pay the current renewal fee, shall meet | ||
continuing education
requirements, and shall be required to | ||
restore his or her
license as provided in Section 65 of this | ||
Act.
| ||
(e) A person licensed under this Act
whose license is on | ||
inactive status
or in a non-renewed status shall not engage in | ||
the practice of dietetics or
nutrition services in the State of | ||
Illinois or use the title or advertise that
he or she performs | ||
the services of a licensed dietitian nutritionist.
| ||
(f) Any person violating this Section shall be considered | ||
to be practicing
without a license and will be subject to the | ||
disciplinary provisions of this
Act.
| ||
(Source: P.A. 92-642, eff. 10-31-03.)
| ||
(225 ILCS 30/80) (from Ch. 111, par. 8401-80)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 80. Use of title; advertising. Only a person who is | ||
issued a license as a dietitian nutritionist under
this Act may | ||
use the words "dietitian nutritionist", "dietitian",
" licensed | ||
nutritionist", or "nutrition counselor" or the letters | ||
"L.D.N." in connection
with his or her name.
| ||
A person who meets the additional criteria for registration | ||
by the
Commission on Dietetic Registration for the American | ||
Dietetic Association
may assume or use the title or designation | ||
"Registered Dietitian" or
"Registered Dietician" or use the | ||
letters "R.D." or any words, letters,
abbreviations, or |
insignia indicating that the person is a registered
dietitian.
| ||
Any person who meets the additional criteria for | ||
certification by the
Clinical Nutrition Certification Board of | ||
the International and American
Associations of Clinical | ||
Nutritionists may assume or use the title or
designation | ||
"Certified Clinical Nutritionist" or use the letters
"C.C.N." | ||
or any words, letters, abbreviations, or insignia indicating
| ||
that the person is a certified clinical nutritionist.
| ||
Any person who meets the additional criteria for | ||
certification by the
Certification Board of Nutrition | ||
Specialists may assume or use the title
or designation | ||
"Certified Nutrition Specialist", or use the letters
"C.N.S." | ||
or any words, letters, abbreviations, or insignia indicating
| ||
that the person is a certified nutrition specialist.
| ||
A licensee shall include in every advertisement for | ||
services regulated
under this Act his or her title as it | ||
appears on the license or the
initials authorized under this | ||
Act. Advertisements shall not include false, fraudulent, | ||
deceptive, or misleading material or guarantees of success.
| ||
(Source: P.A. 92-642, eff. 10-31-03.)
| ||
(225 ILCS 30/85) (from Ch. 111, par. 8401-85)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 85. Fees. The Department shall provide by rule for a | ||
schedule of
fees for the administration and enforcement of this | ||
Act, including , but not
limited to , original licensure, |
registration, renewal, and restoration. The fees shall be
| ||
nonrefundable.
| ||
All fees , fines, and penalties collected under this Act | ||
shall be deposited into the General
Professions Dedicated Fund | ||
and shall be appropriated to the Department for the
ordinary | ||
and contingent expenses of the Department in the administration | ||
of
this Act.
| ||
(Source: P.A. 91-454, eff. 1-1-00.)
| ||
(225 ILCS 30/95) (from Ch. 111, par. 8401-95)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 95. Grounds for discipline.
| ||
(1) The Department may refuse to issue or
renew, or may | ||
revoke, suspend, place on probation, reprimand, or take other
| ||
disciplinary or non-disciplinary action as the Department may | ||
deem appropriate proper , including imposing fines not to
exceed | ||
$10,000 $1000 for each violation, with regard to any license or | ||
certificate for
any one or combination of the following causes:
| ||
(a) Material misstatement in furnishing information to | ||
the Department.
| ||
(b) Violations of this Act or of
its rules adopted | ||
under this Act .
| ||
(c) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by | ||
sentencing of any crime, 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 (i) that | ||
is a felony or (ii) that is a misdemeanor, an essential | ||
element of which is dishonesty, or that is directly related | ||
to the practice of the profession Conviction of any crime | ||
under the laws of the United States or any
state or | ||
territory thereof that is (i) a felony; (ii) a misdemeanor, | ||
an
essential element of which is dishonesty; or (iii) a | ||
crime that is directly
related to the practice of the | ||
profession .
| ||
(d) Fraud or Making any misrepresentation in applying | ||
for or procuring a license under this Act or in connection | ||
with applying for renewal of a license under this Act for | ||
the purpose of obtaining licensure
or violating any | ||
provision of this Act .
| ||
(e) Professional incompetence or gross negligence.
| ||
(f) Malpractice.
| ||
(g) Aiding or assisting another person in violating any | ||
provision of
this Act or its rules.
| ||
(h) Failing to provide information within 60 days in | ||
response to a
written request made by the Department.
| ||
(i) Engaging in dishonorable, unethical or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public.
| ||
(j) Habitual or excessive use or abuse of drugs defined | ||
in law as controlled substances, alcohol addiction to |
alcohol, narcotics,
stimulants , or any other substance | ||
that chemical agent or drug that results in the
inability | ||
to practice with reasonable judgment, skill, or safety.
| ||
(k) Discipline by another state, the District of | ||
Columbia, territory, or country , or governmental agency if | ||
at least one
of the grounds for the discipline is the same | ||
or substantially equivalent
to those set forth in this Act.
| ||
(l) Charging for professional services not rendered, | ||
including filing false statements for the collection of | ||
fees for which services are not rendered Directly or | ||
indirectly giving to or receiving from any person, firm,
| ||
corporation, partnership, or association any fee, | ||
commission, rebate, or
other form of compensation for any | ||
professional services not actually or
personally rendered . | ||
Nothing in this paragraph (1) affects any bona fide | ||
independent contractor or employment arrangements among | ||
health care professionals, health facilities, health care | ||
providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services | ||
within the scope of the licensee's practice under this Act. | ||
Nothing in this paragraph (1) shall be construed to require | ||
an employment arrangement to receive professional fees for | ||
services rendered.
| ||
(m) A finding by the Department that the licensee, |
after having his or her
license placed on probationary | ||
status, has violated the terms of probation.
| ||
(n) Willfully making or filing false records or reports | ||
in his or her practice, including, but not limited to, | ||
false records filed with State agencies or departments | ||
Conviction by any court of competent jurisdiction, either | ||
within
or outside this State, of any violation of any law | ||
governing the practice
of dietetics or nutrition | ||
counseling, if the Department determines, after
| ||
investigation, that the person has not been sufficiently | ||
rehabilitated to
warrant the public trust .
| ||
(o) Allowing one's license under this Act to be used by | ||
an unlicensed person in violation of this Act A finding | ||
that licensure has been applied for or obtained by
| ||
fraudulent means .
| ||
(p) Practicing under a false or, except as provided by | ||
law, an assumed name or attempting to practice under a name | ||
other than the
full name as shown on the license or any | ||
other legally authorized name .
| ||
(q) Gross and willful overcharging for professional | ||
services including
filing statements for collection of | ||
fees or monies for which services are not
rendered .
| ||
(r) (Blank). Failure to (i) file a return, (ii) pay the | ||
tax, penalty or interest
shown in a filed return, or (iii) | ||
pay any final assessment of tax, penalty or
interest, as | ||
required by any tax Act administered by the Illinois
|
Department of Revenue, until the requirements of any such | ||
tax
Act are satisfied.
| ||
(s) Willfully failing to report an instance of | ||
suspected child abuse
or neglect as required by the Abused | ||
and Neglected Child Reporting Act.
| ||
(t) Cheating on or attempting to subvert a licensing | ||
examination administered under this Act. | ||
(u) Mental illness or disability that results in the | ||
inability to practice under this Act with reasonable | ||
judgment, skill, or safety. | ||
(v) Physical illness, including, but not limited to, | ||
deterioration through the aging process or loss of motor | ||
skill that results in a licensee's inability to practice | ||
under this Act with reasonable judgment, skill, or safety. | ||
(2) The Department may refuse to issue or may suspend | ||
without hearing, as provided for in the Code of Civil | ||
Procedure, the license of any person who fails to file a | ||
return, or pay the tax, penalty, or interest shown in a filed | ||
return, or pay any final assessment of the tax, penalty, or | ||
interest as required by any tax Act administered by the | ||
Illinois Department of Revenue, until such time as the | ||
requirements of any such tax Act are satisfied in accordance | ||
with subsection (g) of Section 2105-15 of the Civil | ||
Administrative Code of Illinois. | ||
(3) The Department shall deny a license or renewal | ||
authorized by this Act to a person who has defaulted on an |
educational loan or scholarship provided or guaranteed by the | ||
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with item (5) of subsection | ||
(a) of Section 2105-15 of the Civil Administrative Code of | ||
Illinois. | ||
(4) In cases where the Department of Healthcare and Family | ||
Services has previously determined a licensee or a potential | ||
licensee is more than 30 days delinquent in the payment of | ||
child support and has subsequently certified the delinquency to | ||
the Department, the Department may refuse to issue or renew or | ||
may revoke or suspend that person's license or may take other | ||
disciplinary action against that person based solely upon the | ||
certification of delinquency made by the Department of | ||
Healthcare and Family Services in accordance with item (5) of | ||
subsection (a) of Section 1205-15 of the Civil Administrative | ||
Code of Illinois. | ||
(5) The determination by a circuit court that a licensee is | ||
subject to involuntary admission or judicial admission, as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code, operates as an automatic suspension. The suspension shall | ||
end only upon a finding by a court that the patient is no | ||
longer subject to involuntary admission or judicial admission | ||
and the issuance of an order so finding and discharging the | ||
patient. | ||
(6) In enforcing this Act, the Department, upon a showing | ||
of a possible violation, may compel an individual licensed to |
practice under this Act, or who has applied for licensure under | ||
this Act, to submit to a mental or physical examination, or | ||
both, as required by and at the expense of the Department. The | ||
Department may order the examining physician to present | ||
testimony concerning the mental or physical examination of the | ||
licensee or applicant. No information shall be excluded by | ||
reason of any common law or statutory privilege relating to | ||
communications between the licensee or applicant and the | ||
examining physician. The examining physicians shall be | ||
specifically designated by the Department. The individual to be | ||
examined may have, at his or her own expense, another physician | ||
of his or her choice present during all aspects of this | ||
examination. The examination shall be performed by a physician | ||
licensed to practice medicine in all its branches. Failure of | ||
an individual to submit to a mental or physical examination, | ||
when directed, shall result in an automatic suspension without | ||
hearing. | ||
A person holding a license under this Act or who has | ||
applied for a license under this Act who, because of a physical | ||
or mental illness or disability, including, but not limited to, | ||
deterioration through the aging process or loss of motor skill, | ||
is unable to practice the profession with reasonable judgment, | ||
skill, or safety, may be required by the Department to submit | ||
to care, counseling, or treatment by physicians approved or | ||
designated by the Department as a condition, term, or | ||
restriction for continued, reinstated, or renewed licensure to |
practice. Submission to care, counseling, or treatment as | ||
required by the Department shall not be considered discipline | ||
of a license. If the licensee refuses to enter into a care, | ||
counseling, or treatment agreement or fails to abide by the | ||
terms of the agreement, then the Department may file a | ||
complaint to revoke, suspend, or otherwise discipline the | ||
license of the individual. The Secretary may order the license | ||
suspended immediately, pending a hearing by the Department. | ||
Fines shall not be assessed in disciplinary actions involving | ||
physical or mental illness or impairment. | ||
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that person's | ||
license must be convened by the Department within 15 days after | ||
the suspension and completed without appreciable delay. The | ||
Department shall have the authority to review the subject | ||
individual's record of treatment and counseling regarding the | ||
impairment to the extent permitted by applicable federal | ||
statutes and regulations safeguarding the confidentiality of
| ||
medical records. | ||
An individual licensed under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate to | ||
the Department that he or she can resume practice in compliance | ||
with acceptable and prevailing standards under the provisions | ||
of his or her license. | ||
(2) In enforcing this Section, the Board, upon a showing of | ||
a possible
violation, may compel a licensee or applicant to |
submit to a mental or physical
examination, or both, as | ||
required by and at the expense of the Department. The
examining | ||
physician shall be specifically designated by the Board. The | ||
Board
or the Department may order the examining physician to | ||
present testimony
concerning the mental or physical | ||
examination of a licensee or applicant. No
information may be | ||
excluded by reason of any common law or statutory privilege
| ||
relating to communications between a licensee or applicant and | ||
the examining
physician. An individual to be examined may have, | ||
at his or her own expense,
another physician of his or her | ||
choice present during all aspects of the
examination. Failure | ||
of an individual to submit to a mental or physical
examination, | ||
when directed, is grounds for suspension of his or her license.
| ||
The license must remain suspended until the time that the | ||
individual submits to
the examination or the Board finds, after | ||
notice and a hearing, that the
refusal to submit to the | ||
examination was with reasonable cause.
If the Board finds that | ||
an individual is unable to practice because of the
reasons set | ||
forth in this Section, the Board must require the individual to
| ||
submit to care, counseling, or treatment by a physician | ||
approved by the Board,
as a condition, term, or restriction for | ||
continued, reinstated, or renewed
licensure to practice. In | ||
lieu of care, counseling, or treatment, the Board
may recommend | ||
that the Department file a complaint to immediately suspend or
| ||
revoke the license of the individual or otherwise discipline | ||
him or her. Any
individual whose license was granted, |
continued, reinstated, or renewed subject
to conditions, | ||
terms, or restrictions, as provided for in this Section, or any
| ||
individual who was disciplined or placed on supervision | ||
pursuant to this
Section must be referred to the Director for a | ||
determination as to whether the
individual shall have his or | ||
her license suspended immediately, pending a
hearing by the | ||
Board.
| ||
The Department shall deny any license or renewal under this | ||
Act to
any person who has defaulted on an educational loan | ||
guaranteed by the
Illinois Student Assistance Commission; | ||
however, the Department may issue a
license or renewal if the | ||
person in default has established a satisfactory
repayment | ||
record as determined by the Illinois Student Assistance | ||
Commission.
| ||
The determination by a circuit court that a registrant is | ||
subject to
involuntary admission or judicial admission as | ||
provided in the Mental
Health and Developmental Disabilities | ||
Code
operates as an automatic suspension. This suspension will | ||
end only upon a
finding by a court that the patient is no | ||
longer subject to involuntary
admission or judicial admission, | ||
the issuance of an order so finding and
discharging the | ||
patient, and the recommendation of the Board to the
Director | ||
that the registrant be allowed to resume practice.
| ||
(Source: P.A. 96-1482, eff. 11-29-10.)
| ||
(225 ILCS 30/97) (from Ch. 111, par. 8401-97)
|
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 97. Payments; penalty for insufficient funds. Any | ||
person who delivers a check or other payment to the Department | ||
that
is returned to the Department unpaid by the financial | ||
institution upon
which it is drawn shall pay to the Department, | ||
in addition to the amount
already owed to the Department, a | ||
fine of $50. The fines imposed by this Section are in addition
| ||
to any other discipline provided under this Act for unlicensed
| ||
practice or practice on a nonrenewed license. The Department | ||
shall notify
the person that payment of fees and fines shall be | ||
paid to the Department
by certified check or money order within | ||
30 calendar days of the
notification. If, after the expiration | ||
of 30 days from the date of the
notification, the person has | ||
failed to submit the necessary remittance, the
Department shall | ||
automatically terminate the license or certificate or deny
the | ||
application, without hearing. If, after termination or denial, | ||
the
person seeks a license or certificate, he or she shall | ||
apply to the
Department for restoration or issuance of the | ||
license or certificate and
pay all fees and fines due to the | ||
Department. The Department may establish
a fee for the | ||
processing of an application for restoration of a license or
| ||
certificate to pay all expenses of processing this application. | ||
The Secretary Director
may waive the fines due under this | ||
Section in individual cases where the Secretary
Director finds | ||
that the fines would be unreasonable or unnecessarily
| ||
burdensome.
|
(Source: P.A. 92-146, eff. 1-1-02.)
| ||
(225 ILCS 30/100) (from Ch. 111, par. 8401-100)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 100. Injunctions; cease and desist orders.
| ||
(a) If any person violates a provision of this Act, the | ||
Secretary
Director may, in the name of the People of the State | ||
of Illinois through
the Attorney General of the State of | ||
Illinois or the State's Attorney of the county in which the | ||
violation is alleged to have occurred , petition for an order
| ||
enjoining the violation or for an order enforcing compliance | ||
with this Act.
Upon the filing of a verified petition, the | ||
court may issue a temporary
restraining order, without notice | ||
or bond, and may preliminarily and
permanently enjoin the | ||
violation. If it is established that the person has
violated or | ||
is violating the injunction, the Court may punish the offender
| ||
for contempt of court. Proceedings under this Section shall be | ||
in addition
to, and not in lieu of, all other remedies and | ||
penalties provided by this Act.
| ||
(b) If any person practices as a dietitian nutritionist | ||
dietitian or nutrition counselor or
holds himself or herself | ||
out as such without having a valid license under
this Act, then | ||
any licensee, any interested party, or any person injured
| ||
thereby may, in addition to the Secretary Director , petition | ||
for relief as provided
in subsection (a) of this Section.
| ||
(c) Whenever in the opinion of the Department any person |
violates any
provision of this Act, the Department may issue a | ||
rule to show cause why an
order to cease and desist should be | ||
entered against him or her. The rule shall
clearly set forth | ||
the grounds relied upon the Department and shall provide
a | ||
period of 7 days from the date of the rule to file an answer to | ||
the
satisfaction of the Department. Failure to answer to the | ||
satisfaction of
the Department shall cause in order to cease | ||
and desist to be issued
immediately.
| ||
(Source: P.A. 87-784.)
| ||
(225 ILCS 30/105) (from Ch. 111, par. 8401-105)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 105. Investigation; notice and hearing. The | ||
Department may investigate
the actions or qualifications of any | ||
applicant or of any person or persons
holding or claiming to | ||
hold a license or certificate of registration.
The Department | ||
shall, before refusing to issue or renew a license or to | ||
discipline a licensee under Section 95 before suspending, | ||
revoking, placing on
probationary status, or taking any other | ||
disciplinary action as the
Department may deem proper with | ||
regard to any license or certificate of
registration , at least | ||
30 days before the date set for the
hearing, (i) notify the | ||
accused in writing of any charges made and the time and
place | ||
for a hearing of the charges before the Board, (ii) direct him | ||
or her to
file his or her written answer to the charges with | ||
the
Board under oath within 20 days after the service on him or |
her of the such notice,
and (iii) inform the applicant or | ||
licensee him or her that failure if he or she fails to file an | ||
answer shall result in ,
default being will be taken against the | ||
applicant or licensee. At the time and place fixed in the | ||
notice, the Department shall proceed to hear the charges and | ||
the parties or their counsel shall be accorded ample | ||
opportunity to present any pertinent statements, testimony, | ||
evidence, and arguments. The Department may continue the | ||
hearing from time to time. In case the person, after receiving | ||
the notice, fails to file an answer, his or her license, may, | ||
in the discretion of the Department, be revoked, suspended, or | ||
placed on probationary status or the Department may take | ||
whatever disciplinary action considered proper, including | ||
limiting the scope, nature, or extent of the person's practice | ||
or the imposition of a fine, without a hearing, if the act or | ||
acts charged constitute sufficient grounds for that action | ||
under the Act. The written notice and any notice in the | ||
subsequent proceeding may be served by registered or certified | ||
mail to the licensee's address of record. him or her and his or | ||
her license or certificate
of registration may be suspended, | ||
revoked, placed on probationary
status, or other disciplinary | ||
action may be taken with regard to the license or
certificate, | ||
including limiting the scope, nature or extent of his or her
| ||
practice, as the Department may deem proper. In case the | ||
person, after
receiving notice, fails to file an answer, his or | ||
her license or certificate
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.
| ||
This written notice and any notice in the subsequent | ||
proceedings may be
served by personal delivery to the accused | ||
person, or by registered or
certified mail to the address last | ||
specified by the accused in his or her last
notification to the | ||
Department. The written answer shall be served by personal
| ||
delivery, certified delivery, or certified or registered mail | ||
to the
Department. At the time and place fixed in the notice, | ||
the Department shall
proceed to hear the charges and the | ||
parties or their counsel shall be accorded
ample opportunity to | ||
present such statements, testimony, evidence, and argument
as | ||
may be pertinent to the charges or to the defense thereto. The | ||
Department
may continue such hearing from time to time. At the | ||
discretion of the Director
after having first received the | ||
recommendation of the Board, the accused
person's certificate | ||
of registration may be suspended or revoked, if the
evidence | ||
constitutes sufficient grounds for such action under this Act.
| ||
(Source: P.A. 87-784; 87-1000; 87-1031; 88-45.)
| ||
(225 ILCS 30/108 new) | ||
Sec. 108. Confidentiality. All information collected by |
the Department in the course of an examination or investigation | ||
of a licensee or applicant, including, but not limited to, any | ||
complaint against a licensee filed with the Department and | ||
information collected to investigate any such complaint, shall | ||
be maintained for the confidential use of the Department and | ||
shall not be disclosed. The Department may not disclose the | ||
information to anyone other than law enforcement officials, | ||
other regulatory agencies that have an appropriate regulatory | ||
interest as determined by the Secretary, or a party presenting | ||
a lawful subpoena to the Department. Information and documents | ||
disclosed to a federal, State, county, or local law enforcement | ||
agency shall not be disclosed by the agency for any purpose to | ||
any other agency or person. A formal complaint filed against a | ||
licensee by the Department or any order issued by the | ||
Department against a licensee or applicant shall be a public | ||
record, except as otherwise prohibited by law.
| ||
(225 ILCS 30/110) (from Ch. 111, par. 8401-110)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 110. Record of hearing. The Department, at its | ||
expense, shall
preserve a record of all proceedings at the | ||
formal hearing of any case. The
notice of hearing, complaint, | ||
and other documents in the nature of pleadings
and written | ||
motions filed in the proceedings, the transcript of testimony, | ||
the
report of the Board, and orders of the Department shall be | ||
in the record of the
proceedings. The Department shall furnish |
a transcript of the record to any
person interested in the | ||
hearing upon payment of the fee required under Section
2105-115 | ||
of the Department of Professional Regulation Law (20 ILCS
| ||
2105/2105-115).
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
(225 ILCS 30/115) (from Ch. 111, par. 8401-115)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 115. Subpoenas; oaths; attendance of witnesses. | ||
(a) The Department may shall have the power to subpoena and | ||
to bring before it
any person and to take the oral or written | ||
testimony or compel the production of any books, papers, | ||
records, or any other documents that the Secretary or his or | ||
her designee deems relevant or material to any investigation or | ||
hearing conducted by the Department either orally or by | ||
deposition, or both,
with the same fees and mileage and in the | ||
same manner as prescribed in civil
cases in the courts of this | ||
State.
| ||
(b) The Secretary Director , the designated hearing | ||
officer, any and every member of the
Board , or a certified | ||
shorthand court reporter may shall have power to administer | ||
oaths to witnesses at any hearing
that the Department conducts | ||
is authorized to conduct and any other oaths
authorized in any | ||
Act administered by the Department . Notwithstanding any other | ||
statute or Department rule to the contrary, all requests for | ||
testimony, production of documents, or records shall be in |
accordance with this Act.
| ||
(c) Any circuit court may , upon application of the | ||
Department or designee or of
the applicant, licensee , or person | ||
holding a license against whom proceedings
under this Act are | ||
pending , may enter an order requiring the attendance and | ||
testimony of
witnesses and their testimony, and the production | ||
of relevant documents, papers, files,
books and records in | ||
connection with any hearing or investigations. The court
may | ||
compel obedience to its order by proceedings for contempt.
| ||
(Source: P.A. 87-784; 87-1000.)
| ||
(225 ILCS 30/120) (from Ch. 111, par. 8401-120)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 120. Board report. At the conclusion of the hearing, | ||
the Board
shall present to the Secretary Director 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 Director .
| ||
The report of findings of fact, conclusions of law and | ||
recommendation of
the Board shall be the basis for the | ||
Department's order for refusing to issue, restore, or renew a | ||
license or otherwise disciplining a licensee refusal or for
the | ||
granting of a license . If the Secretary Director disagrees in |
any regard with
the report of the Board, the Secretary Director | ||
may issue an order in contravention
of the report. The Director | ||
shall provide a written report to the Board on any
deviation | ||
and shall specify with particularity the reasons for that | ||
action
in the final order. 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 finding is | ||
not a bar to a criminal prosecution brought for
the violation | ||
of this Act.
| ||
(Source: P.A. 87-784.)
| ||
(225 ILCS 30/125) (from Ch. 111, par. 8401-125)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 125. Motion for rehearing. In any hearing involving | ||
the refusal to issue or renew or the discipline of a
licensee, | ||
a copy of the Board's report shall be served upon the | ||
respondent by
the Department, either personally or as provided | ||
in this Act for the service of
the notice of hearing. Within 20 | ||
calendar days after the service, the
respondent may present to | ||
the Department a motion in writing for a rehearing
which shall | ||
specify the particular grounds for rehearing. If no motion for
| ||
rehearing is filed, then upon the expiration of the time | ||
specified for filing a
motion, or if motion for rehearing is | ||
denied, then upon denial, the Secretary Director
may enter an | ||
order in accordance with recommendations of the Board, except | ||
as
provided for in Section 120. If the respondent orders a |
transcript of the
record from the reporting service and pays | ||
for it within the time for filing a
motion for rehearing, the | ||
20 calendar day period within which a motion for
rehearing may | ||
be filed shall commence upon the delivery of the
transcript to | ||
the respondent.
| ||
(Source: P.A. 87-784; 87-1000.)
| ||
(225 ILCS 30/130) (from Ch. 111, par. 8401-130)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 130. Order for rehearing Rehearing . Whenever the | ||
Secretary Director is not satisfied that
substantial justice | ||
has been done in the revocation, suspension, or refusal
to | ||
issue or renew a license the Secretary Director may order a | ||
rehearing by the same
or other hearing officers examiners .
| ||
(Source: P.A. 87-784.)
| ||
(225 ILCS 30/135) (from Ch. 111, par. 8401-135)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 135. Hearing officer. The Secretary Director shall | ||
have the authority to
appoint any attorney duly licensed to | ||
practice law in the State of Illinois
to serve as the hearing | ||
officer in any action for refusal to issue or renew
a license | ||
or to discipline a licensee or person holding a license. The
| ||
hearing officer shall have full authority to conduct the | ||
hearing. The
hearing officer shall report his or her findings | ||
and recommendations to the Board
and the Secretary Director . |
The Board shall have 60 calendar days from receipt of the
| ||
report to review the report of the hearing officer and present | ||
its findings
of fact, conclusions of law, and recommendations | ||
to the Secretary Director . If the
Board fails to present its | ||
report within the 60 calendar day period, the
Secretary | ||
Director may issue an order based on the report of the hearing | ||
officer.
If the Secretary Director disagrees with the | ||
recommendation of the Board or of the
hearing officer, the | ||
Secretary Director may issue an order in contravention of the
| ||
recommendation.
| ||
(Source: P.A. 87-784; 87-1000.)
| ||
(225 ILCS 30/140) (from Ch. 111, par. 8401-140)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 140. Order; certified copy. An order or a certified | ||
copy of an
order, over the seal of the Department and | ||
purporting to be signed by the Secretary
Director , shall be | ||
prima facie proof:
| ||
(a) that the signature is the genuine signature of the | ||
Secretary Director ; and
| ||
(b) that the Secretary Director is duly appointed and | ||
qualified . ; and
| ||
(c) that the Board and the Board members are qualified.
| ||
(Source: P.A. 87-784.)
| ||
(225 ILCS 30/145) (from Ch. 111, par. 8401-145)
|
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 145. Restoration of license from discipline . At any | ||
time after the successful completion of a term of indefinite | ||
probation, suspension, or revocation of a license, the | ||
Department may restore the license to the licensee, unless, | ||
after an investigation and a hearing, the Secretary determines | ||
that restoration is not in the public interest or that the | ||
licensee has not been sufficiently rehabilitated to warrant the | ||
public trust. No person or entity whose license, certificate, | ||
or authority has been revoked as authorized in this Act may | ||
apply for restoration of that license, certification, or | ||
authority until such time as provided for in the Civil | ||
Administrative Code of Illinois. suspension
or revocation of | ||
any
license, the Department may restore the license to the | ||
accused person upon
the written recommendation of the Board, | ||
unless after an investigation and
a hearing the Board | ||
determines that restoration is not in the public interest.
| ||
(Source: P.A. 87-784.)
| ||
(225 ILCS 30/155) (from Ch. 111, par. 8401-155)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 155. Summary suspension. The Secretary Director may | ||
summarily suspend
the license of a licensee dietitian or | ||
nutrition counselor without a hearing,
simultaneously with the | ||
institution of proceedings for a hearing provided
for in | ||
Section 105 of this Act, if the Secretary Director finds that |
the evidence in his
or her possession indicates that a | ||
licensee's continuation in practice
would constitute an | ||
imminent danger to the public. In the event that the Secretary
| ||
Director summarily suspends the license of a dietitian or | ||
nutrition
counselor without a hearing, a hearing shall by the | ||
Board must be commenced held within 30
calendar days after the | ||
suspension has occurred and shall be concluded as expeditiously | ||
as possible .
| ||
(Source: P.A. 87-784; 87-1000.)
| ||
(225 ILCS 30/165) (from Ch. 111, par. 8401-165)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 165. Certification of record; receipt. The Department | ||
shall not
be required to certify any record to the Court or | ||
file any answer in court
or otherwise appear in any court in a | ||
judicial review proceeding, unless and until the Department has | ||
received from the plaintiff
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 , | ||
which costs shall be determined by the Department. Exhibits | ||
shall be certified without cost . Failure on the part of the | ||
plaintiff to file a receipt in
Court is shall be grounds for | ||
dismissal of the action.
| ||
(Source: P.A. 87-784.)
| ||
(225 ILCS 30/175) (from Ch. 111, par. 8401-175)
|
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 175. Illinois Administrative Procedure Act. The | ||
Illinois
Administrative Procedure Act is expressly adopted and | ||
incorporated as if
all of the provisions of that Act were | ||
included in this Act, except that
the provision of paragraph | ||
(d) of Section 10-65 of the
Illinois Administrative Procedure | ||
Act, which provides that at hearings the
licensee or person | ||
holding a license has the right to show
compliance with all | ||
lawful requirements for retention or continuation of the
| ||
license, is specifically excluded. For the purpose of this Act, | ||
the notice
required under Section 10-25 of the Illinois | ||
Administrative
Procedure Act is deemed sufficient when mailed | ||
to the last known
address of record of a party.
| ||
(Source: P.A. 87-784; 88-670, eff. 12-2-94.)
| ||
(225 ILCS 30/180) (from Ch. 111, par. 8401-180)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 180. Home rule. The regulation and licensing of | ||
dietitian nutritionists dietitians and
nutrition counselors | ||
are exclusive functions of the State. A home rule
unit may not | ||
regulate or license dietitian nutritionists dietitians or | ||
nutrition counselors . This
Section is a limitation and denial | ||
of home rule powers under paragraph (h)
of Section 6 of Article | ||
VII of the Illinois Constitution.
| ||
(Source: P.A. 87-784.)
|
(225 ILCS 30/56 rep.)
| ||
(225 ILCS 30/87 rep.)
| ||
Section 6. The Dietetic and Nutrition Services Practice Act | ||
is amended by repealing Sections 56 and 87. | ||
Section 8. The Elder Abuse and Neglect Act is amended by | ||
changing Section 2 as follows:
| ||
(320 ILCS 20/2) (from Ch. 23, par. 6602)
| ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context
requires otherwise:
| ||
(a) "Abuse" means causing any physical, mental or sexual | ||
injury to an
eligible adult, including exploitation of such | ||
adult's financial resources.
| ||
Nothing in this Act shall be construed to mean that an | ||
eligible adult is a
victim of abuse, neglect, or self-neglect | ||
for the sole reason that he or she is being
furnished with or | ||
relies upon treatment by spiritual means through prayer
alone, | ||
in accordance with the tenets and practices of a recognized | ||
church
or religious denomination.
| ||
Nothing in this Act shall be construed to mean that an | ||
eligible adult is a
victim of abuse because of health care | ||
services provided or not provided by
licensed health care | ||
professionals.
| ||
(a-5) "Abuser" means a person who abuses, neglects, or | ||
financially
exploits an eligible adult.
|
(a-7) "Caregiver" means a person who either as a result of | ||
a family
relationship, voluntarily, or in exchange for | ||
compensation has assumed
responsibility for all or a portion of | ||
the care of an eligible adult who needs
assistance with | ||
activities of daily
living.
| ||
(b) "Department" means the Department on Aging of the State | ||
of Illinois.
| ||
(c) "Director" means the Director of the Department.
| ||
(d) "Domestic living situation" means a residence where the | ||
eligible
adult at the time of the report lives alone or with | ||
his or her family or a caregiver, or others,
or a board and | ||
care home or other community-based unlicensed facility, but
is | ||
not:
| ||
(1) A licensed facility as defined in Section 1-113 of | ||
the Nursing Home
Care Act;
| ||
(1.5) A facility licensed under the ID/DD Community | ||
Care Act; | ||
(1.7) A facility licensed under the Specialized Mental | ||
Health Rehabilitation Act;
| ||
(2) A "life care facility" as defined in the Life Care | ||
Facilities Act;
| ||
(3) A home, institution, or other place operated by the | ||
federal
government or agency thereof or by the State of | ||
Illinois;
| ||
(4) A hospital, sanitarium, or other institution, the | ||
principal activity
or business of which is the diagnosis, |
care, and treatment of human illness
through the | ||
maintenance and operation of organized facilities | ||
therefor,
which is required to be licensed under the | ||
Hospital Licensing Act;
| ||
(5) A "community living facility" as defined in the | ||
Community Living
Facilities Licensing Act;
| ||
(6) (Blank);
| ||
(7) A "community-integrated living arrangement" as | ||
defined in
the Community-Integrated Living Arrangements | ||
Licensure and Certification Act;
| ||
(8) An assisted living or shared housing establishment | ||
as defined in the Assisted Living and Shared Housing Act; | ||
or
| ||
(9) A supportive living facility as described in | ||
Section 5-5.01a of the Illinois Public Aid Code.
| ||
(e) "Eligible adult" means a person 60 years of age or | ||
older who
resides in a domestic living situation and is, or is | ||
alleged
to be, abused, neglected, or financially exploited by | ||
another individual or who neglects himself or herself.
| ||
(f) "Emergency" means a situation in which an eligible | ||
adult is living
in conditions presenting a risk of death or | ||
physical, mental or sexual
injury and the provider agency has | ||
reason to believe the eligible adult is
unable to
consent to | ||
services which would alleviate that risk.
| ||
(f-5) "Mandated reporter" means any of the following | ||
persons
while engaged in carrying out their professional |
duties:
| ||
(1) a professional or professional's delegate while | ||
engaged in: (i) social
services, (ii) law enforcement, | ||
(iii) education, (iv) the care of an eligible
adult or | ||
eligible adults, or (v) any of the occupations required to | ||
be licensed
under
the Clinical Psychologist Licensing Act, | ||
the Clinical Social Work and Social
Work Practice Act, the | ||
Illinois Dental Practice Act, the Dietitian Nutritionist | ||
the Dietetic and Nutrition
Services Practice Act, the | ||
Marriage and Family Therapy Licensing Act, the
Medical | ||
Practice Act of 1987, the Naprapathic Practice Act, the
| ||
Nurse Practice Act, the Nursing Home
Administrators | ||
Licensing and
Disciplinary Act, the Illinois Occupational | ||
Therapy Practice Act, the Illinois
Optometric Practice Act | ||
of 1987, the Pharmacy Practice Act, the
Illinois Physical | ||
Therapy Act, the Physician Assistant Practice Act of 1987,
| ||
the Podiatric Medical Practice Act of 1987, the Respiratory | ||
Care Practice
Act,
the Professional Counselor and
Clinical | ||
Professional Counselor Licensing and Practice Act, the | ||
Illinois Speech-Language
Pathology and Audiology Practice | ||
Act, the Veterinary Medicine and Surgery
Practice Act of | ||
2004, and the Illinois Public Accounting Act;
| ||
(2) an employee of a vocational rehabilitation | ||
facility prescribed or
supervised by the Department of | ||
Human Services;
| ||
(3) an administrator, employee, or person providing |
services in or through
an unlicensed community based | ||
facility;
| ||
(4) any religious practitioner who provides treatment | ||
by prayer or spiritual means alone in accordance with the | ||
tenets and practices of a recognized church or religious | ||
denomination, except as to information received in any | ||
confession or sacred communication enjoined by the | ||
discipline of the religious denomination to be held | ||
confidential;
| ||
(5) field personnel of the Department of Healthcare and | ||
Family Services, Department of Public
Health, and | ||
Department of Human Services, and any county or
municipal | ||
health department;
| ||
(6) personnel of the Department of Human Services, the | ||
Guardianship and
Advocacy Commission, the State Fire | ||
Marshal, local fire departments, the
Department on Aging | ||
and its subsidiary Area Agencies on Aging and provider
| ||
agencies, and the Office of State Long Term Care Ombudsman;
| ||
(7) any employee of the State of Illinois not otherwise | ||
specified herein
who is involved in providing services to | ||
eligible adults, including
professionals providing medical | ||
or rehabilitation services and all
other persons having | ||
direct contact with eligible adults;
| ||
(8) a person who performs the duties of a coroner
or | ||
medical examiner; or
| ||
(9) a person who performs the duties of a paramedic or |
an emergency
medical
technician.
| ||
(g) "Neglect" means
another individual's failure to | ||
provide an eligible
adult with or willful withholding from an | ||
eligible adult the necessities of
life including, but not | ||
limited to, food, clothing, shelter or health care.
This | ||
subsection does not create any new affirmative duty to provide | ||
support to
eligible adults. Nothing in this Act shall be | ||
construed to mean that an
eligible adult is a victim of neglect | ||
because of health care services provided
or not provided by | ||
licensed health care professionals.
| ||
(h) "Provider agency" means any public or nonprofit agency | ||
in a planning
and service area appointed by the regional | ||
administrative agency with prior
approval by the Department on | ||
Aging to receive and assess reports of
alleged or suspected | ||
abuse, neglect, or financial exploitation.
| ||
(i) "Regional administrative agency" means any public or | ||
nonprofit
agency in a planning and service area so designated | ||
by the Department,
provided that the designated Area Agency on | ||
Aging shall be designated the
regional administrative agency if | ||
it so requests.
The Department shall assume the functions of | ||
the regional administrative
agency for any planning and service | ||
area where another agency is not so
designated.
| ||
(i-5) "Self-neglect" means a condition that is the result | ||
of an eligible adult's inability, due to physical or mental | ||
impairments, or both, or a diminished capacity, to perform | ||
essential self-care tasks that substantially threaten his or |
her own health, including: providing essential food, clothing, | ||
shelter, and health care; and obtaining goods and services | ||
necessary to maintain physical health, mental health, | ||
emotional well-being, and general safety. The term includes | ||
compulsive hoarding, which is characterized by the acquisition | ||
and retention of large quantities of items and materials that | ||
produce an extensively cluttered living space, which | ||
significantly impairs the performance of essential self-care | ||
tasks or otherwise substantially threatens life or safety.
| ||
(j) "Substantiated case" means a reported case of alleged | ||
or suspected
abuse, neglect, financial exploitation, or | ||
self-neglect in which a provider agency,
after assessment, | ||
determines that there is reason to believe abuse,
neglect, or | ||
financial exploitation has occurred.
| ||
(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572, | ||
eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, | ||
eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12; | ||
97-813, eff. 7-13-12.) | ||
Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-5-5 as follows:
| ||
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||
Sec. 5-5-5. Loss and Restoration of Rights.
| ||
(a) Conviction and disposition shall not entail the loss by | ||
the
defendant of any civil rights, except under this Section |
and Sections 29-6
and 29-10 of The Election Code, as now or | ||
hereafter amended.
| ||
(b) A person convicted of a felony shall be ineligible to | ||
hold an office
created by the Constitution of this State until | ||
the completion of his sentence.
| ||
(c) A person sentenced to imprisonment shall lose his right | ||
to vote
until released from imprisonment.
| ||
(d) On completion of sentence of imprisonment or upon | ||
discharge from
probation, conditional discharge or periodic | ||
imprisonment, or at any time
thereafter, all license rights and | ||
privileges
granted under the authority of this State which have | ||
been revoked or
suspended because of conviction of an offense | ||
shall be restored unless the
authority having jurisdiction of | ||
such license rights finds after
investigation and hearing that | ||
restoration is not in the public interest.
This paragraph (d) | ||
shall not apply to the suspension or revocation of a
license to | ||
operate a motor vehicle under the Illinois Vehicle Code.
| ||
(e) Upon a person's discharge from incarceration or parole, | ||
or upon a
person's discharge from probation or at any time | ||
thereafter, the committing
court may enter an order certifying | ||
that the sentence has been
satisfactorily completed when the | ||
court believes it would assist in the
rehabilitation of the | ||
person and be consistent with the public welfare.
Such order | ||
may be entered upon the motion of the defendant or the State or
| ||
upon the court's own motion.
| ||
(f) Upon entry of the order, the court shall issue to the |
person in
whose favor the order has been entered a certificate | ||
stating that his
behavior after conviction has warranted the | ||
issuance of the order.
| ||
(g) This Section shall not affect the right of a defendant | ||
to
collaterally attack his conviction or to rely on it in bar | ||
of subsequent
proceedings for the same offense.
| ||
(h) No application for any license specified in subsection | ||
(i) of this
Section granted under the
authority of this State | ||
shall be denied by reason of an eligible offender who
has | ||
obtained a certificate of relief from disabilities, as
defined | ||
in Article 5.5 of this Chapter, having been previously | ||
convicted of one
or more
criminal offenses, or by reason of a | ||
finding of lack of "good moral
character" when the finding is | ||
based upon the fact that the applicant has
previously been | ||
convicted of one or more criminal offenses, unless:
| ||
(1) there is a direct relationship between one or more | ||
of the previous
criminal offenses and the specific license | ||
sought; or
| ||
(2) the issuance of the license would
involve an | ||
unreasonable risk to property or to the safety or welfare | ||
of
specific individuals or the general public.
| ||
In making such a determination, the licensing agency shall | ||
consider the
following factors:
| ||
(1) the public policy of this State, as expressed in | ||
Article 5.5 of this
Chapter, to encourage the licensure and | ||
employment of persons previously
convicted of one or more |
criminal offenses;
| ||
(2) the specific duties and responsibilities | ||
necessarily related to the
license being sought;
| ||
(3) the bearing, if any, the criminal offenses or | ||
offenses for which the
person
was previously convicted will | ||
have on his or her fitness or ability to perform
one or
| ||
more such duties and responsibilities;
| ||
(4) the time which has elapsed since the occurrence of | ||
the criminal
offense or offenses;
| ||
(5) the age of the person at the time of occurrence of | ||
the criminal
offense or offenses;
| ||
(6) the seriousness of the offense or offenses;
| ||
(7) any information produced by the person or produced | ||
on his or her
behalf in
regard to his or her rehabilitation | ||
and good conduct, including a certificate
of relief from | ||
disabilities issued to the applicant, which certificate | ||
shall
create a presumption of rehabilitation in regard to | ||
the offense or offenses
specified in the certificate; and
| ||
(8) the legitimate interest of the licensing agency in | ||
protecting
property, and
the safety and welfare of specific | ||
individuals or the general public.
| ||
(i) A certificate of relief from disabilities shall be | ||
issued only
for a
license or certification issued under the | ||
following Acts:
| ||
(1) the Animal Welfare Act; except that a certificate | ||
of relief from
disabilities may not be granted
to provide |
for
the
issuance or restoration of a license under the | ||
Animal Welfare Act for any
person convicted of violating | ||
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||
Care for Animals Act or Section 26-5 or 48-1 of the | ||
Criminal Code of
1961;
| ||
(2) the Illinois Athletic Trainers Practice Act;
| ||
(3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||
and Nail Technology Act of 1985;
| ||
(4) the Boiler and Pressure Vessel Repairer Regulation | ||
Act;
| ||
(5) the Boxing and Full-contact Martial Arts Act;
| ||
(6) the Illinois Certified Shorthand Reporters Act of | ||
1984;
| ||
(7) the Illinois Farm Labor Contractor Certification | ||
Act;
| ||
(8) the Interior Design Title Act;
| ||
(9) the Illinois Professional Land Surveyor Act of | ||
1989;
| ||
(10) the Illinois Landscape Architecture Act of 1989;
| ||
(11) the Marriage and Family Therapy Licensing Act;
| ||
(12) the Private Employment Agency Act;
| ||
(13) the Professional Counselor and Clinical | ||
Professional Counselor
Licensing and Practice
Act;
| ||
(14) the Real Estate License Act of 2000;
| ||
(15) the Illinois Roofing Industry Licensing Act; | ||
(16) the Professional Engineering Practice Act of |
1989; | ||
(17) the Water Well and Pump Installation Contractor's | ||
License Act; | ||
(18) the Electrologist Licensing Act;
| ||
(19) the Auction License Act; | ||
(20) the Illinois Architecture Practice Act of 1989; | ||
(21) the Dietitian Nutritionist Dietetic and Nutrition | ||
Services Practice Act; | ||
(22) the Environmental Health Practitioner Licensing | ||
Act; | ||
(23) the Funeral Directors and Embalmers Licensing | ||
Code; | ||
(24) the Land Sales Registration Act of 1999; | ||
(25) the Professional Geologist Licensing Act; | ||
(26) the Illinois Public Accounting Act; and | ||
(27) the Structural Engineering Practice Act of 1989.
| ||
(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11; | ||
97-706, eff. 6-25-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|