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| Public Act 097-0778 | ||||
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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 | ||||
Section 4.23 and by adding Section 4.33 as follows:
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(5 ILCS 80/4.23)
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Sec. 4.23. Acts and Sections repealed on January 1,
2013. | ||||
The following 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repealed on January | ||||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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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.
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The Naprapathic Practice Act.
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The Professional Counselor and Clinical Professional | ||||
Counselor
Licensing Act.
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The Wholesale Drug Distribution Licensing Act.
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Section 2.5 of the Illinois Plumbing License Law.
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(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
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(5 ILCS 80/4.33 new) | ||||
Sec. 4.33. Act repealed on January 1, 2023. The following | ||||
Act is
repealed on January 1, 2023: | ||
The Naprapathic Practice Act. | ||
Section 5. The Naprapathic Practice Act is amended by | ||
changing Sections 10, 17, 25, 45, 57, 70, 85, 95, 100, 110, | ||
115, 120, 125, 130, 140, 145, 150, 155, 160, 165, 170, 180, | ||
190, and 200 and by adding Section 193 as follows:
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(225 ILCS 63/10)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 10. Definitions. In this Act:
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"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. 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. | ||
"Naprapath" means a person who practices Naprapathy and who | ||
has met all
requirements as provided in the Act.
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"Department" means the Department of Financial and | ||
Professional Regulation.
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"Secretary Director" means the Secretary Director of the | ||
Department of Financial and Professional Regulation.
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"Committee" means the Naprapathic Examining Committee | ||
appointed by the
Director.
| ||
"Referral" means the following of guidance or direction to | ||
the naprapath
given by the licensed physician, dentist, or | ||
podiatrist 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
podiatrist, 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 | ||
podiatrist.
| ||
(Source: P.A. 87-1231.)
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(225 ILCS 63/17)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 17. Educational and professional qualifications for | ||
licensure. A person may be qualified to receive a license as a | ||
naprapath if he
or she:
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(1) is at least 18 years of age and of good moral | ||
character;
| ||
(2) has graduated from a 2 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;
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(4) has passed an examination approved by the | ||
Department to
determine a person's fitness to practice as a | ||
naprapath; and
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(5) has met all other requirements of the Act.
| ||
The Department has the right and may request a personal | ||
interview with an
applicant before the Committee to further | ||
evaluate a person's qualifications
for a license.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/25)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 25. Title and designation of licensed naprapaths. | ||
Every person
to whom a valid existing license as a naprapath | ||
has been issued under this
Act shall be designated | ||
professionally a "naprapath", and not otherwise,
and any | ||
licensed naprapath may, in connection with the
practice of
his | ||
profession, use the title or designation of "naprapath", and, | ||
if
entitled by degree from a college or university recognized | ||
by the
Department of Professional Regulation, may use the title | ||
of "Doctor of
Naprapathy" or the abbreviation "D.N.". When the | ||
name of the licensed
naprapath is used professionally in oral, | ||
written, or
printed
announcements, professional cards, or | ||
publications for the information of
the public and is preceded | ||
by the title "Doctor" or the abbreviation
"Dr.", the | ||
explanatory designation of "naprapath", "naprapathy", "Doctor | ||
of
Naprapathy", or the designation "D.N." shall be added | ||
immediately following
title and name. When the announcement, | ||
professional cards, 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 "Doctor | ||
of
Naprapathy", "D.N.", or "naprapath", either directly or | ||
indirectly, in
connection with his or her profession or | ||
business.
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A naprapath licensed under this Act shall not hold himself | ||
or herself
out as a Doctor of Chiropractic unless he or she is | ||
licensed as a Doctor of
Chiropractic under the Medical Practice | ||
Act of 1987 or any successor Act.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/45)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 45. Powers and duties of the Department; rules; | ||
reports. The
Department shall exercise the powers and duties | ||
prescribed by the Civil
Administrative Code of Illinois for the | ||
administration of licensing Acts
and shall exercise any other | ||
powers and duties necessary for effectuating
the purposes of | ||
this Act.
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The Department may promulgate rules consistent with
the | ||
provisions of
this Act for its administration and enforcement | ||
and may prescribe
forms which shall be issued in connection | ||
with this Act. The rules may
include standards and criteria for | ||
licensure, and professional conduct
and discipline.
| ||
The Department shall consult with the Committee in | ||
promulgating rules.
Notice of proposed rulemaking shall be | ||
transmitted to the Committee and the
Department shall review | ||
the Committee's responses and any recommendations
made by the | ||
Committee. The Department may solicit the advice of the | ||
Committee
on any
matter
relating to the administration and | ||
enforcement of this Act.
Nothing shall limit the ability of the | ||
Committee to provide recommendations
to the Director regarding | ||
any matter affecting the administration of this
Act.
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The Department shall issue quarterly to the Committee a | ||
status report of
all complaints related to the profession | ||
received by the Department.
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(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 63/57)
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(Section scheduled to be repealed on January 1, 2013)
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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, reinstated, or restored | ||
license shall require the applicant's customer identification | ||
number.
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(Source: P.A. 97-400, eff. 1-1-12.)
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(225 ILCS 63/70)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 70.
Renewal, reinstatement or restoration of | ||
licenses; military
service. The expiration date and renewal | ||
period for each license issued
under this Act shall be set by | ||
rule.
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All renewal applicants shall provide proof of having met | ||
the requirements
of continuing education set forth in the rules | ||
of the Department. The
Department shall, by rule, provide for | ||
an orderly process for the
reinstatement of licenses that have | ||
not been renewed due to failure to
meet the continuing | ||
education requirements. The continuing education
requirements | ||
may be waived in cases of extreme hardship as defined by rules
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of the Department.
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Any naprapath who has permitted his or her license to | ||
expire or who has
had his or her license on inactive status may | ||
have his or her license restored
by making application to the | ||
Department and filing proof acceptable to the
Department of | ||
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.
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If the licensee has not maintained an active practice in | ||
another jurisdiction satisfactory to the Department, then the | ||
The Department shall determine, by an evaluation program | ||
established by
rule, fitness for restoration of the license and | ||
shall establish
procedures and requirements for restoration.
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Any naprapath whose license expired while he or she was (i) | ||
in
federal service on active duty with the Armed Forces of the | ||
United States or
the
State Militia called into service or | ||
training or (ii) in training or
education under the supervision | ||
of the United States preliminary to
induction into the military | ||
service, however, may have his or her license
restored without | ||
paying any lapsed renewal fees if within 2 years after
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honorable termination of 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.
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(Source: P.A. 87-1231.)
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(225 ILCS 63/85)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 85. Fees.
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(a) 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,
renewal, and
| ||
restoration. The fees shall be nonrefundable.
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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.
| ||
(b) An applicant for the examination
shall be required to | ||
pay, either to the Department or to the designated testing
| ||
service, a fee covering the cost of initial screening to | ||
determine an
applicant's eligibility and
providing the | ||
examination. Failure to appear for the examination on the
| ||
scheduled date, at the time and place specified, after the | ||
applicant's
application for examination has been received and
| ||
acknowledged by the
Department or the designated testing | ||
service, shall result in the forfeiture of
the examination fee.
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(Source: P.A. 92-655, eff. 7-16-02.)
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(225 ILCS 63/95)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 95. Roster. The Department shall maintain a roster of | ||
the names and
addresses of record of all licensees and of all | ||
persons whose licenses have been
suspended or revoked. This | ||
roster shall be available upon written request
and payment of | ||
the required fee.
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(Source: P.A. 87-1231.)
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(225 ILCS 63/100)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 100. Advertising.
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(a) Any person licensed under this Act may
advertise the | ||
availability of professional services in the public media or
on | ||
the premises where professional services are rendered if the | ||
advertising
is truthful and not misleading and is in conformity | ||
with any rules
promulgated
by the Department.
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(b) 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. 91-310, eff. 1-1-00.)
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(225 ILCS 63/110)
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(Section scheduled to be repealed on January 1, 2013)
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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 proper, including imposing fines not to exceed | ||
$10,000 $5,000 for each
violation, with regard to any licensee | ||
or license for any one or
combination of
the
following causes:
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(1) Violations of this Act or of its rules adopted | ||
under this Act.
| ||
(2) Material misstatement in furnishing information to | ||
the Department.
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(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. Conviction of any crime | ||
under the laws of any U.S. jurisdiction
that is (i) a | ||
felony, (ii) a misdemeanor, an essential element of which | ||
is
dishonesty, or (iii) directly related to the practice of | ||
the profession.
| ||
(4) 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
a license.
| ||
(5) Professional incompetence or gross negligence.
| ||
(6) Malpractice Gross 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, | ||
addiction to alcohol,
narcotics,
stimulants, or any other | ||
substance which chemical agent or drug that 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.".
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(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.
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(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. Conviction by any | ||
court of competent jurisdiction,
either within or
without | ||
this State, of any violation of any law governing the | ||
practice of
naprapathy, conviction in this or another state | ||
of any crime which is a
felony under the laws of this State | ||
or conviction of a felony in a federal
court, if the | ||
Department determines, after investigation, that the | ||
person
has not been sufficiently rehabilitated to warrant | ||
the public trust.
| ||
(22) 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.
| ||
(23) (Blank). Continued practice by a person knowingly | ||
having an
infectious or
contagious disease.
| ||
(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 or attempting to practice under a name | ||
other
than the
full name shown on the license.
| ||
(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, 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 podiatrist, or having failed to | ||
notify the physician, dentist,
or podiatrist 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 the Committee and
approved by the Secretary | ||
Director. Exceptions for extreme hardships are to be
| ||
defined by the rules of the Department.
| ||
(34) (Blank). Willfully making or filing false records | ||
or reports in
the practice
of naprapathy, including, but | ||
not limited to, false records to support
claims against the | ||
medical assistance program of the Department of Healthcare | ||
and Family Services (formerly Department of Public
Aid)
| ||
under the Illinois Public Aid Code.
| ||
(35) Gross or willful overcharging for
professional | ||
services
including
filing false statements for collection | ||
of fees for which services are not
rendered, including, but | ||
not limited to, filing false statements for
collection of | ||
monies for services not rendered from the medical | ||
assistance
program of the Department of Healthcare and | ||
Family Services (formerly Department of Public Aid) under | ||
the Illinois Public Aid Code.
| ||
(36) (Blank). Mental illness, 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.
| ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the | ||
fine. | ||
(b) 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. | ||
(c) 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 Department of Professional | ||
Regulation Law of the Civil Administrative Code of Illinois. | ||
(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 Development 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. | ||
(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 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 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. | ||
The Department may refuse to issue or may suspend 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.
| ||
(b) 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 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 Committee to the | ||
Director that
the licensee be allowed to resume his or her | ||
practice.
| ||
(c) In enforcing this Section, the Department, upon a | ||
showing of a
possible
violation, may compel any person licensed | ||
to practice under this Act or who has
applied
for licensure or | ||
certification pursuant to this Act to submit to a mental or
| ||
physical
examination, or both, as required by and at the | ||
expense of the Department. The
examining physicians shall be | ||
those specifically designated by the Department.
The
| ||
Department may order the examining physician to present | ||
testimony concerning
this
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 person 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 any | ||
person to submit
to a mental
or physical examination, when | ||
directed, shall be grounds for suspension of a
license until
| ||
the person 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, reinstated, 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.
| ||
Any person whose license was granted, continued, | ||
reinstated, renewed,
disciplined, or supervised subject to | ||
such terms, conditions, or restrictions
and
who fails to comply | ||
with such terms, conditions, or restrictions shall be
referred | ||
to
the Director for a determination as to whether the person | ||
shall have his or her
license suspended immediately, pending a | ||
hearing by the Department.
| ||
In instances in which the Director 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
| ||
person'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.
| ||
A person 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. 95-331, eff. 8-21-07; 96-1482, eff. 11-29-10.)
| ||
(225 ILCS 63/115)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 115. Returned checks; fines. 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 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 | ||
defray all expenses of processing
the 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 63/120)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 120. Injunctions; cease and desist orders.
| ||
(a) If any person violates the 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 any county in which
the | ||
violation is alleged to have occurred action is brought, | ||
petition for an order enjoining the violation or for an
order | ||
enforcing compliance with this Act. Upon the filing of a | ||
verified
petition in court, the court may issue a temporary | ||
restraining order, without
notice or 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 naprapath or holds himself | ||
or herself out
as a naprapath without being licensed under the | ||
provisions of this Act then any
licensed naprapath, 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 not | ||
be entered against that
person. The rule
shall clearly set | ||
forth the grounds relied upon by 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 an order to | ||
cease and desist to be issued
immediately.
| ||
(Source: P.A. 89-61, eff. 6-30-95; 90-655, eff. 7-30-98.)
| ||
(225 ILCS 63/125)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
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 Committee 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. The written notice in the subsequent proceeding may be | ||
served by registered or certified mail to the licensee's | ||
address of record. and that the license or certificate may be | ||
suspended,
revoked, or placed on probationary status, or that | ||
other disciplinary action
may be taken, including limiting the | ||
scope, nature, or extent of practice, as
the Director may deem | ||
proper. Written notice may be served by personal
delivery or | ||
certified or registered mail to the respondent at the address | ||
of
his or her last notification to the Department. If the | ||
person fails to file an
answer after receiving notice, 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 any disciplinary action | ||
deemed proper,
including limiting the scope, nature, or extent | ||
of the person's practice or the
imposition of a fine, without a | ||
hearing, if the act or acts charged constitute
sufficient | ||
grounds for such action under this Act. At the time and place | ||
fixed
in the notice, the Committee 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 | ||
their defense. The Committee may continue a hearing from time | ||
to time.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/130)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 130. Formal hearing; preservation of record. 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 all other documents in the
nature of | ||
pleadings and written motions filed in the proceedings, the
| ||
transcript of testimony, the report of the Committee or hearing | ||
officer, and
order of the Department shall be the record of the | ||
proceeding.
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 63/140)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 140. Subpoena; oaths. | ||
(a) The Department may shall have power to
subpoena and | ||
bring before it any person in this State 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
circuit | ||
courts of this State.
| ||
(b) The Secretary Director, the designated hearing | ||
officer, and a certified shorthand court reporter may every
| ||
member of the Committee has 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 licensee, may its designee or upon
application of | ||
the person against whom proceedings under this Act are pending,
| ||
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 investigation. The court may compel obedience to | ||
its order
by proceedings for contempt.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/145)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 145. Findings of facts, conclusions of law, and | ||
recommendations. At the conclusion of the hearing the hearing | ||
officer Committee 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 hearing officer | ||
Committee 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 | ||
recommendations of
the hearing officer Committee 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 Director disagrees in any regard with the report of | ||
the hearing officer Committee, the Secretary
Director may issue | ||
an order in contravention of the hearing officer's | ||
recommendations report. 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. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/150)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 150. 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 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 Secretary Committee and the Director. The Committee | ||
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 Director. If the Committee fails to present its
report | ||
within the 60 calendar day period, the Director may
issue an | ||
order based on
the report of the hearing officer. If the | ||
Secretary Director disagrees
with the recommendation of the | ||
Committee or hearing officer, he
or she may issue an
order in | ||
contravention of that recommendation.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/155)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
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 hearing officer's Committee'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
Director 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. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/160)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 160. Substantial justice to be done; rehearing. | ||
Whenever the Secretary
Director is satisfied that substantial | ||
justice has not 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 another hearing officer or by | ||
the
Committee.
| ||
(Source: P.A. 87-1231.)
| ||
(225 ILCS 63/165)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
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 | ||
Director, shall be prima facie proof:
| ||
(a) that the signature is the genuine signature of the | ||
Secretary Director; and
| ||
(b) that such Secretary Director is duly appointed and | ||
qualified. ;
| ||
(c) that the Committee and its members are qualified to | ||
act.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/170)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 170. Restoration of license. 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 Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois suspension or
revocation of any license the Department | ||
may restore the license to
the accused
person, unless after an | ||
investigation and a hearing the Department
determines that | ||
restoration is not in the public interest.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/180)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 180. Imminent danger to public; summary suspension.
| ||
The Secretary
Director may summarily suspend the license of a | ||
naprapath
without a
hearing, simultaneously with the | ||
institution of proceedings for a hearing
provided for in this | ||
Act, if the Secretary Director finds that
evidence in his or | ||
her possession indicates that continuation in practice
would
| ||
constitute an imminent danger to the public. In the event that | ||
the Secretary
Director summarily suspends a license without a | ||
hearing, a
hearing shall
by the Department must be commenced | ||
held within 30 days after the suspension has
occurred and shall | ||
be concluded as expeditiously as possible.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/190)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
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 | ||
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. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 63/193 new) | ||
Sec. 193. 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 such | ||
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 63/200)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 200. Administrative Procedure Act. The Illinois | ||
Administrative
Procedure Act is expressly adopted and | ||
incorporated
in this Act
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 has | ||
the right
to show compliance with all lawful requirements for | ||
retention, continuation, or
renewal of the license, is | ||
specifically excluded. For the purpose of this Act,
the notice | ||
required under Section 10-25 of the Administrative
Procedure | ||
Act is deemed sufficient when mailed to the last known address | ||
of record of a
party.
| ||
(Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95.)
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(225 ILCS 63/50 rep.)
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(225 ILCS 63/65 rep.)
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Section 10. The Naprapathic Practice Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
repealing Sections 50 and 65.
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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