Public Act 101-0201
 
SB1133 EnrolledLRB101 06092 JRG 51113 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Acupuncture Practice Act is amended  by 
changing Section 110 and  by adding Section 16 as follows:
 
    (225 ILCS 2/16 new)
    Sec. 16. Chinese herbology; practice. No person licensed 
under this Act may hold himself or herself out as being trained 
in Chinese herbology without proof of status as a Diplomate of 
Oriental Medicine certified by the National Certification 
Commission for Acupuncture and Oriental Medicine or a 
substantially equivalent status that is approved by the 
Department or proof that he or she has successfully completed 
the National Certification Commission for Acupuncture and 
Oriental Medicine Chinese Herbology Examination or a 
substantially equivalent examination approved by the 
Department. A violation of this Section is subject to the 
disciplinary action described in Section 110.
 



    (225 ILCS 2/110)



    (Section scheduled to be repealed on January 1, 2028)

    Sec. 110. Grounds for disciplinary action. 


    (a) The Department may refuse to issue or to renew, place 
on probation,
suspend, revoke or take other disciplinary or 
non-disciplinary action as deemed appropriate
including the 
imposition of fines not to exceed $10,000 for each
violation,

as the Department may deem proper,
with
regard to a license for 
any one or combination of the
following
causes:

        (1) Violations of this Act or its rules.

        (2) Conviction by plea of guilty or nolo contendere, 
    finding of guilt, jury verdict, or entry of judgment or 
    sentencing, including, but not limited to, convictions, 
    preceding sentences of supervision, conditional discharge, 
    or first offender probation, under the laws of any 
    jurisdiction of the United States that is (i) a felony or 
    (ii) a misdemeanor, an
essential element of which is 
    dishonesty or that is directly
related to the practice of 
    the profession.

        (3) Making any misrepresentation for the purpose of

    obtaining a license.

        (4) Aiding or assisting another person in violating any

    provision of this Act or its rules.

        (5) Failing to provide information within 60 days in

    response to a written request made by the Department which 
    has
been sent by certified or registered mail to the 
    licensee's
 address of record or by email to the licensee's 
    email address of record.

        (6) Discipline by another U.S. jurisdiction or foreign

    nation, if at least one of the grounds for the discipline 
    is the same or
substantially equivalent to one set forth in 
    this Section.

        (7) Solicitation of professional services by means 
    other
than permitted under this Act.

        (8) Failure to provide a patient with a copy of his or

    her record upon the written request of the patient.

        (9) Gross negligence in the practice of acupuncture.

        (10) Habitual or excessive use or addiction to alcohol, 
    narcotics,
stimulants, or any other chemical agent or drug 
    that results in an
acupuncturist's inability to practice 
    with reasonable judgment, skill, or
safety.

        (11) A finding that licensure has been
applied for or

    obtained by fraudulent means.

        (12) A pattern of practice or other behavior that 
    demonstrates
incapacity or incompetence to practice under 
    this Act.

        (13) Being named as a perpetrator in an indicated 
    report
by the Department of Children and Family Services 
    under the
Abused and Neglected Child Reporting Act and upon 
    proof by
clear and convincing evidence that the licensee 
    has caused a
child to be an abused child or a neglected 
    child as defined in
the Abused and Neglected Child 
    Reporting Act.

        (14) Willfully failing to report an instance of 
    suspected
child abuse or neglect as required by the Abused 
    and Neglected
Child Reporting Act.

        (15) The use of any words, abbreviations, figures or

    letters (such as "Acupuncturist", "Licensed 
    Acupuncturist",
"Certified Acupuncturist", "Doctor of 
    Acupuncture and Chinese Medicine", "Doctor of Acupuncture 
    and Oriental Medicine", "Doctor of Acupuncture", "Oriental 
    Medicine Practitioner", "Licensed Oriental Medicine 
    Practitioner", "Oriental Medicine Doctor", "Licensed 
    Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.", 
    "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any 
    designation used by the Accreditation Commission for 
    Acupuncture and Oriental Medicine
with the intention of 
    indicating practice as a licensed
acupuncturist without a 
    valid license as an acupuncturist
issued under this Act.

        When the name of the licensed acupuncturist is used 
    professionally in oral, written, or printed announcements, 
    professional cards, or publications for the information of 
    the public, the degree title or degree abbreviation shall 
    be added immediately following title and name. When the 
    announcement, professional card, or publication is in 
    writing or in print, the explanatory addition shall be in 
    writing, type, or print not less than 1/2 the size of that 
    used in the name and title. No person other than the holder 
    of a valid existing license under this Act shall use the 
    title and designation of "acupuncturist", either directly 
    or indirectly, in connection with his or her profession or 
    business. 
        (16) Using claims of superior quality of care to entice

    the public or advertising fee comparisons of available 
    services with those of
other persons providing acupuncture 
    services.

        (17) Advertising of professional services that the 
    offeror of the
services is not licensed to render. 
    Advertising of professional services that
contains false, 
    fraudulent, deceptive, or misleading material or 
    guarantees of
success,
statements that play upon the vanity 
    or fears of the public, or statements that
promote or 
    produce unfair competition.

        (18) Having treated ailments other than by
the practice 
    of
acupuncture as defined in this Act, or having treated 
    ailments of
as a licensed acupuncturist pursuant to a

    referral by written order
that provides for management of 
    the patient by a physician or dentist without having 
    notified the
physician or dentist who established the 
    diagnosis that the patient is
receiving acupuncture 
    treatments.

        (19) Unethical, unauthorized, or unprofessional 
    conduct as defined by
rule.

        (20) Physical illness, mental illness, or other 
    impairment that results in the inability
to practice the 
    profession with reasonable judgment, skill, and safety, 
    including, without limitation, deterioration through the 
    aging process, mental illness, or disability.

        (21) Violation of the Health Care Worker Self-Referral 
    Act.

        (22) Failure to refer a patient whose condition should, 
    at the time of evaluation or treatment, be determined to be 
    beyond the scope of practice of the acupuncturist to a 
    licensed physician or dentist. 
        (23)   Holding himself or herself out as being trained in 
    Chinese herbology without being able to provide the  
    Department with proof of status as a Diplomate of Oriental 
    Medicine certified by the National Certification 
    Commission for Acupuncture and Oriental Medicine or a 
    substantially equivalent status approved by the Department 
    or proof that he or she has successfully completed the 
    National Certification Commission for Acupuncture and 
    Oriental Medicine Chinese Herbology Examination or a 
    substantially equivalent examination approved by the 
    Department. 
    The entry of an order by a circuit court establishing that 
any person
holding a license under this Act is subject to 
involuntary admission or
judicial admission as provided for in 
the Mental Health and Developmental
Disabilities Code operates 
as an automatic suspension of that license.  That
person may 
have his or her license restored only upon the determination by 
a
circuit court that the patient is no longer subject to 
involuntary admission or
judicial admission and the issuance of 
an order so finding and discharging the
patient and upon the 
Board's recommendation to the Department that the license
be 
restored.  Where the circumstances so indicate, the Board may 
recommend to
the Department that it require an examination 
prior to restoring a suspended
license.

    The Department may refuse to issue or renew the license
of 
any person
who
fails to (i) file a return or to pay the tax,

penalty or interest shown in a filed return or (ii) pay any 
final
assessment of the tax, penalty, or interest as required 
by any tax
Act administered by the Illinois Department of 
Revenue, until the
time that the requirements of that tax Act 
are satisfied.

    In enforcing this Section, the Department 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.  Failure of an individual to submit to a mental
or

physical examination, when directed, shall be grounds for 
suspension of his or
her
license until the individual submits 
to the examination if the Department
finds,
after notice and 
hearing, that the refusal to submit to the examination was

without reasonable cause.

    If the Department finds an individual unable to practice 
because of
the
reasons
set forth in this Section, the 
Department may require that individual
to submit
to
care, 
counseling, or treatment by physicians approved
or designated 
by the Department, as a condition, term, or restriction
for 
continued,
restored, or
renewed licensure to practice; or, in 
lieu of care, counseling, or treatment,
the Department may file 
a complaint to immediately
suspend, revoke, or otherwise 
discipline the license of the individual.
An individual whose

license was granted, continued, restored, renewed, disciplined 
or supervised
subject to such terms, conditions, or 
restrictions, and who fails to comply
with
such terms, 
conditions, or restrictions, shall be referred to the Secretary 
for
a
determination as to whether the individual shall have his 
or her license
suspended immediately, pending a hearing by the 
Department.

    In instances in which the Secretary immediately suspends a 
person's license
under this Section, a hearing on that person's 
license must be convened by
the Department within 30 days after 
the suspension and completed without
appreciable
delay.
The 
Department and Board shall have the authority to review the 
subject
individual's record of
treatment and counseling 
regarding the impairment to the extent permitted by
applicable 
federal statutes and regulations safeguarding the 
confidentiality of
medical records.

    An individual licensed under this Act and affected under 
this Section shall
be
afforded an opportunity to demonstrate to 
the Department 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. 100-375, eff. 8-25-17.)