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Public Act 102-0880


 

Public Act 0880 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0880
 
SB4016 EnrolledLRB102 24652 AMQ 33891 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.33 and 4.38 as follows:
 
    (5 ILCS 80/4.33)
    Sec. 4.33. Acts repealed on January 1, 2023. The following
Acts are repealed on January 1, 2023:
    The Dietitian Nutritionist Practice Act.
    The Elevator Safety and Regulation Act.
    The Fire Equipment Distributor and Employee Regulation Act
of 2011.
    The Funeral Directors and Embalmers Licensing Code.
    The Naprapathic Practice Act.
    The Pharmacy Practice Act.
    The Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act.
    The Wholesale Drug Distribution Licensing Act.
(Source: P.A. 101-621, eff. 12-20-19.)
 
    (5 ILCS 80/4.38)
    Sec. 4.38. Acts repealed on January 1, 2028. The following
Acts are repealed on January 1, 2028:
    The Acupuncture Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Home Medical Equipment and Services Provider License
Act.
    The Illinois Petroleum Education and Marketing Act.
    The Illinois Speech-Language Pathology and Audiology
Practice Act.
    The Interpreter for the Deaf Licensure Act of 2007.
    The Naprapathic Practice Act.
    The Nurse Practice Act.
    The Nursing Home Administrators Licensing and Disciplinary
Act.
    The Physician Assistant Practice Act of 1987.
    The Podiatric Medical Practice Act of 1987.
(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
    Section 10. The Naprapathic Practice Act is amended by
changing Sections 10, 15, 17, 57, 110, 125, 145, 150, 155, 165,
and 190 and by adding Sections 11 and 36 as follows:
 
    (225 ILCS 63/10)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 10. Definitions. In this Act:
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. 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 Board of Naprapathy appointed by the
Secretary.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "Naprapath" means a person who practices Naprapathy and
who has met all requirements as provided in the Act.
    "Department" means the Department of Financial and
Professional Regulation.
    "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
    "Referral" means the following of guidance or direction to
the naprapath given by the licensed physician, dentist, or
podiatric physician who maintains supervision of the patient.
    "Documented current and relevant diagnosis" means a
diagnosis, substantiated by signature or oral verification of
a licensed physician, dentist, or podiatric physician, that a
patient's condition is such that it may be treated by
naprapathy as defined in this Act, which diagnosis shall
remain in effect until changed by the licensed physician,
dentist, or podiatric physician.
(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13.)
 
    (225 ILCS 63/11 new)
    Sec. 11. Address of record; email address of record. All
applicants and licensees shall:
        (1) provide a valid address and email address to the
    Department, which shall serve as the address of record and
    email address of record, respectively, at the time of
    application for licensure or renewal of a license; and
        (2) inform the Department of any change of address of
    record or email address of record within 14 days after
    such change either through the Department's website or by
    contacting the Department's licensure maintenance unit.
 
    (225 ILCS 63/15)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 15. Practice of naprapathy defined; referrals.
Naprapathic practice means the identification, evaluation, and
treatment evaluation of persons with connective tissue
disorders through the use of naprapathic case history and
palpation or treatment of persons by the use of connective
tissue manipulation, therapeutic and rehabilitative exercise,
postural counseling, nutritional counseling, and the use of
the effective properties of physical measures of heat, cold,
light, water, radiant energy, electricity, sound and air, and
assistive devices for the purpose of preventing, correcting,
or alleviating a physical disability.
    Naprapathic practice includes, but is not limited to, the
treatment of contractures, muscle spasms, inflammation, scar
tissue formation, adhesions, lesions, laxity, hypotonicity,
rigidity, structural imbalance, bruising, contusions, muscular
atrophy, and partial separation of connective tissue fibers.
    Naprapathic practice also includes: (a) performance of
specialized tests and measurements, (b) administration of
specialized treatment procedures, (c) interpretation of
referrals from licensed physicians, dentists, and podiatric
physicians, (d) establishment and modification of naprapathic
treatment programs, and (e) supervision or teaching of
naprapathy.
    Naprapathic practice does not include radiology, surgery,
pharmacology, or invasive diagnostic testing, or determination
of a differential diagnosis; provided, however, the limitation
on determining a differential diagnosis shall not in any
manner limit a naprapath licensed under this Act from
performing an evaluation authorized under this Act. A
naprapath licensed under this Act who is not also licensed as a
physical therapist under the Illinois Physical Therapy Act
shall not hold himself or herself out as qualified to provide
physical therapy or physiotherapy services. Nothing in this
Section shall limit a naprapath from employing appropriate
naprapathic techniques that he or she is educated and licensed
to perform. A naprapath shall refer to a licensed physician,
dentist, or podiatric physician any patient whose medical
condition should, at the time of evaluation or treatment, be
determined to be beyond the scope of practice of the
naprapath. A naprapath shall order additional screening if the
patient does not demonstrate measurable or functional
improvement after 6 visits and continued improvement
thereafter. A naprapath shall refer a patient to the patient's
treating health care professional of record or, in the case
where there is no health care professional of record, to a
health care professional of the patient's choice, if the
patient's condition, at the time of evaluation or services, is
determined to be beyond the scope of practice of the
naprapath.
(Source: P.A. 98-214, eff. 8-9-13.)
 
    (225 ILCS 63/17)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 17. Educational and professional qualifications for
licensure. A person may be qualified to receive a license as a
naprapath if he or she:
        (1) is at least 21 18 years of age and of good moral
    character;
        (2) for licenses granted on or before December 31,
    2027, has graduated from a 2-year 2 year college level
    program or its equivalent approved by the Department;
        (2.5) for licenses granted on or after January 1,
    2028, has graduated from a 4-year college level program or
    its equivalent approved by the Department;
        (3) has graduated from a curriculum in naprapathy
    approved by the Department. In approving a curriculum in
    naprapathy, the Department shall consider, but not be
    bound by, a curriculum approved by the American
    Naprapathic Association, the Illinois Naprapathic
    Association, or a national or regional accrediting body
    recognized by the United States Department of Education;
        (4) has passed an examination approved by the
    Department to determine a person's fitness to practice as
    a naprapath; and
        (5) has met all other requirements of the Act.
    The Department has the right and may request a personal
interview with an applicant to further evaluate a person's
qualifications for a license.
(Source: P.A. 97-778, eff. 7-13-12.)
 
    (225 ILCS 63/36 new)
    Sec. 36. Board of Naprapathy. The Secretary shall appoint
a Board of Naprapathy to consist of 7 persons who shall serve
in an advisory capacity to the Secretary. Four members must
hold an active license to engage in the practice of
naprapathy, one member shall be a physician licensed under the
Medical Practice Act of 1987, one member shall be an
acupuncturist licensed under the Acupuncture Practice Act, and
one member of the public.
    Members shall serve 4-year terms and until their
successors are appointed and qualified. No member may be
appointed to more than 2 consecutive full terms. Appointments
to fill vacancies shall be made in the same manner as original
appointments for the unexpired portion of the vacated term.
Initial terms shall begin upon the effective date of this
amendatory Act of the 102nd General Assembly.
    The Board may annually elect a chairperson and a
vice-chairperson who shall preside in the absence of the
chairperson. The membership of the Board shall reasonably
reflect the demographic diversity of the State as well as
representation from the geographic areas in this State. The
Secretary may terminate the appointment of any member for
cause. The Secretary may give due consideration to all
recommendations of the Board. A majority of the Board members
currently appointed shall constitute a quorum. A vacancy in
the membership of the Board shall not impair the right of a
quorum to exercise the right and perform all duties of the
Board. Members of the Board shall have no liability in any
action based upon any disciplinary proceeding or other
activity performed in good faith as a member of the Board.
 
    (225 ILCS 63/57)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 57. Social Security Number on license application. In
addition to any other information required to be contained in
the application, every application for an original, renewal,
reinstated, or restored license under this Act shall include
the applicant's Social Security Number, which shall be
retained in the agency's records pertaining to the license. As
soon as practical, the Department shall assign a customer's
identification number to each applicant for a license.
    Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12; 97-778, eff. 7-13-12.)
 
    (225 ILCS 63/110)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 110. Grounds for disciplinary action; refusal,
revocation, suspension.
    (a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any licensee or
license for any one or combination of the following causes:
        (1) Violations of this Act or of rules adopted under
    this Act.
        (2) Making a material misstatement in furnishing
    information to the Department or otherwise making
    misleading, deceptive, untrue, or fraudulent
    representations in violation of this Act or otherwise in
    the practice of the profession Material misstatement in
    furnishing information to the Department.
        (3) 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.
        (4) Fraud or 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.
        (5) Professional incompetence or gross negligence.
        (6) Malpractice.
        (7) Aiding or assisting another person in violating
    any provision of this Act or its rules.
        (8) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (10) Habitual or excessive use or abuse of drugs
    defined in law as controlled substances, alcohol, or any
    other substance which results in the inability to practice
    with reasonable judgment, skill, or safety.
        (11) Discipline by another U.S. jurisdiction or
    foreign nation if at least one of the grounds for the
    discipline is the same or substantially equivalent to
    those set forth in this Act.
        (12) 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. This shall not be deemed to include
    rent or other remunerations paid to an individual,
    partnership, or corporation by a naprapath for the lease,
    rental, or use of space, owned or controlled by the
    individual, partnership, corporation, or association.
    Nothing in this paragraph (12) 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 (12) shall be construed to
    require an employment arrangement to receive professional
    fees for services rendered.
        (13) Using the title "Doctor" or its abbreviation
    without further clarifying that title or abbreviation with
    the word "naprapath" or "naprapathy" or the designation
    "D.N.".
        (14) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
        (15) Abandonment of a patient without cause.
        (16) Willfully making or filing false records or
    reports relating to a licensee's practice, including but
    not limited to, false records filed with State agencies or
    departments.
        (17) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (18) Physical or mental illness or disability,
    including, but not limited to, deterioration through the
    aging process or loss of motor skill that results in the
    inability to practice the profession with reasonable
    judgment, skill, or safety.
        (19) Solicitation of professional services by means
    other than permitted advertising.
        (20) Failure to provide a patient with a copy of his or
    her record upon the written request of the patient.
        (21) Cheating on or attempting to subvert the
    licensing examination administered under this Act.
        (22) Allowing one's license under this Act to be used
    by an unlicensed person in violation of this Act.
        (23) (Blank).
        (24) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or a
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (25) Practicing under a false or, except as provided
    by law, an assumed name.
        (26) Immoral conduct in the commission of any act,
    such as sexual abuse, sexual misconduct, or sexual
    exploitation, related to the licensee's practice.
        (27) Maintaining a professional relationship with any
    person, firm, or corporation when the naprapath knows, or
    should know, that the person, firm, or corporation is
    violating this Act.
        (28) Promotion of the sale of food supplements,
    devices, appliances, or goods provided for a client or
    patient in such manner as to exploit the patient or client
    for financial gain of the licensee.
        (29) Having treated ailments of human beings other
    than by the practice of naprapathy as defined in this Act
    unless authorized to do so by State law. , or having
    treated ailments of human beings as a licensed naprapath
    independent of a documented referral or documented current
    and relevant diagnosis from a physician, dentist, or
    podiatric physician, or having failed to notify the
    physician, dentist, or podiatric physician who established
    a documented current and relevant diagnosis that the
    patient is receiving naprapathic treatment pursuant to
    that diagnosis.
        (30) Use by a registered naprapath of the word
    "infirmary", "hospital", "school", "university", in
    English or any other language, in connection with the
    place where naprapathy may be practiced or demonstrated.
        (31) Continuance of a naprapath in the employ of any
    person, firm, or corporation, or as an assistant to any
    naprapath or naprapaths, directly or indirectly, after his
    or her employer or superior has been found guilty of
    violating or has been enjoined from violating the laws of
    the State of Illinois relating to the practice of
    naprapathy when the employer or superior persists in that
    violation.
        (32) The performance of naprapathic service in
    conjunction with a scheme or plan with another person,
    firm, or corporation known to be advertising in a manner
    contrary to this Act or otherwise violating the laws of
    the State of Illinois concerning the practice of
    naprapathy.
        (33) Failure to provide satisfactory proof of having
    participated in approved continuing education programs as
    determined by and approved by the Secretary. Exceptions
    for extreme hardships are to be defined by the rules of the
    Department.
        (34) (Blank).
        (35) Gross or willful overcharging for professional
    services.
        (36) (Blank).
    All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine, unless an alternate payment schedule has been agreed
upon in writing.
    (b) A person not licensed under this Act and engaged in the
business of offering naprapathy services through others, shall
not aid, abet, assist, procure, advise, employ, or contract
with any unlicensed person to practice naprapathy contrary to
any rules or provisions of this Act. A person violating this
subsection (b) shall be treated as a licensee for the purposes
of disciplinary action under this Section and shall be subject
to cease and desist orders as provided in Section 90 of this
Act. The Department may refuse to issue or may suspend without
hearing, as provided for in the Department of Professional
Regulation Law of the Civil Administrative Code, 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 Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
    (b-5) The Department may refuse to issue or may suspend
the license of any person who fails to file a tax return, to
pay the tax, penalty, or interest shown in a filed tax return,
or to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied
in accordance with subsection (g) of Section 2105-15 of the
Civil Administrative Code of Illinois.
    (c) (Blank).
    (d) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's license or may take
other disciplinary action against that person based solely
upon the certification of delinquency made by the Department
of Healthcare and Family Services in accordance with item (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
    (e) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension
shall end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient and upon the Board's recommendation to the Department
that the license be restored. Where the circumstances so
indicate, the Board may recommend to the Department that it
require an examination prior to restoring a suspended license.
    (f) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure
under this Act, to submit to a mental or physical examination,
or both, as required by and at the expense of the Department.
The Department or Board may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Board or Department. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of this examination. The examination shall be
performed by a physician under the Medical Practice Act of
1987. Failure of an individual to submit to a mental or
physical examination, when directed, shall result in an
automatic suspension without hearing. and evaluation, or both,
which may include a substance abuse or sexual offender
evaluation, as required by and at the expense of the
Department. The Department shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
    The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records including business records that
relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning the examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents in any way
related to the examination and evaluation. No information,
report, record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide
information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination and
evaluation, or both, when directed, shall result in an
automatic suspension without hearing, until such time as the
individual submits to the examination.
    A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited
to, deterioration through the aging process or loss of motor
skill, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
    In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and the Board shall have the authority
to review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18.)
 
    (225 ILCS 63/125)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 125. Investigation; notice; hearing. The Department
may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. Before
refusing to issue, refusing to renew, or taking any
disciplinary action under Section 110 regarding a license, the
Department shall, at least 30 days prior to the date set for
the hearing, notify in writing the applicant for, or holder
of, a license of the nature of any charges and that a hearing
will be held on a date designated. The Department shall direct
the applicant or licensee to file a written answer with the
Department under oath within 20 days after the service of the
notice and inform the applicant or licensee that failure to
file an answer shall result in default being taken against the
applicant or licensee. At the time and place fixed in the
notice, the Department shall proceed to hear the charges and
the parties or their counsel shall be accorded ample
opportunity to present any pertinent statements, testimony,
evidence, and arguments. The Department may continue the
hearing from time to time. If the person, after receiving the
notice, fails to file an answer, his or her license may, in the
discretion of the Department, be revoked, suspended, or placed
on probationary status or the Department may take whatever
disciplinary action considered proper, including limiting the
scope, nature, or extent of the person's practice under the
Act. If the Board is not sitting at the time and place fixed in
the notice or at the time and place to which the hearing shall
have been continued, the Department may continue the hearing
for a period not to exceed 30 days. The written notice in the
subsequent proceeding may be served by U.S. registered or
certified mail or email to the licensee's address or email
address of record.
(Source: P.A. 97-778, eff. 7-13-12.)
 
    (225 ILCS 63/145)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 145. Findings of facts, conclusions of law, and
recommendations. At the conclusion of the hearing the Board
hearing officer shall present to the Secretary a written
report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether or
not the accused person violated this Act or failed to comply
with the conditions required in this Act. The Board hearing
officer shall specify the nature of the violation or failure
to comply and shall make its recommendations to the Secretary.
    The report of findings of fact, conclusions of law, and
recommendations of the Board hearing officer shall be the
basis for the Department's order refusing to issue, restore,
or renew a license, or otherwise disciplining a licensee. If
the Secretary disagrees in any regard with the report of the
Board hearing officer, the Secretary may issue an order in
contravention of the Board hearing officer's recommendations.
The finding is not admissible in evidence against the person
in a criminal prosecution brought for the violation of this
Act, but the hearing and findings are not a bar to a criminal
prosecution brought for the violation of this Act.
    If the Secretary fails to issue a final order within 30
days after the receipt of the hearing officer's findings of
fact, conclusions of law, and recommendations, then the
hearing officer's findings of fact, conclusions of law, and
recommendations shall become a final order of the Department
without further review.
(Source: P.A. 97-778, eff. 7-13-12.)
 
    (225 ILCS 63/150)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 150. Hearing officer. The Secretary shall have the
authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action for Departmental refusal to issue, renew, or
license an applicant, or disciplinary action against a
licensee. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report his or
her findings of fact, conclusions of law, and recommendations
to the Board and the Secretary. The Board shall review the
report of the hearing officer and present its findings of
fact, conclusions of law, and recommendations to the
Secretary. If the Secretary disagrees with the recommendation
of the hearing officer, he or she may issue an order in
contravention of that recommendation.
(Source: P.A. 97-778, eff. 7-13-12.)
 
    (225 ILCS 63/155)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 155. Service of report; rehearing; order. In any case
involving the refusal to issue or renew or the discipline of a
license, a copy of the Board's hearing officer's report shall
be served upon the respondent by the Department, either
personally or as provided in this Act for the service of the
notice of hearing. Within 20 days after the service, the
respondent may present to the Department a motion in writing
for a rehearing that shall specify the particular grounds for
rehearing. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing a motion, or if a
motion for rehearing is denied, then upon the denial the
Secretary may enter an order in accordance with this Act. If
the respondent orders from the reporting service and pays for
a transcript of the record within the time for filing a motion
for rehearing, the 20 calendar day period within which the
motion may be filed shall commence upon the delivery of the
transcript to the respondent.
(Source: P.A. 97-778, eff. 7-13-12.)
 
    (225 ILCS 63/165)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 165. Order or certified copy as prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary, shall
be prima facie proof:
        (a) that the signature is the genuine signature of the
    Secretary; and
        (b) that such Secretary is duly appointed and
    qualified; and .
        (c) that the Board and its members are qualified to
    act.
(Source: P.A. 97-778, eff. 7-13-12.)
 
    (225 ILCS 63/190)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 190. The Department shall not be required to certify
any record to the Court or file any answer in court or
otherwise appear in any court in a judicial review proceeding,
unless and until the Department receives from the plaintiff
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in court is grounds for dismissal
of the action.
(Source: P.A. 97-778, eff. 7-13-12.)
 
    (225 ILCS 63/95 rep.)
    Section 15. The Naprapathic Practice Act is amended by
repealing Section 95.
 
    Section 99. Effective date. This Section and Section 5
take effect upon becoming law.

Effective Date: 5/13/2022