Public Act 098-0148
 
SB1229 EnrolledLRB098 08150 MGM 38243 b


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

  
 
    Section 5. The Dietitian Nutritionist Practice Act is 
amended  by changing Sections 10 and 95 and  by adding Section 17 
as follows:
 



    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 10. Definitions. As used in this Act:

    "Address of record" means the designated address recorded 
by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's 
licensure maintenance unit. It is the duty of the applicant or

licensee to inform the Department of any change of address and 
those changes must be made either through the Department's 
website or by contacting the Department. 
    "Board" means the Dietitian Nutritionist Practice Board

appointed by the Secretary.

    "Certified clinical nutritionist" means an individual 
certified by the Clinical Nutrition Certification Board. 
    "Certified nutrition specialist" means an individual 
certified by the Certification Board for of Nutrition 
Specialists. 
    "Department" means the Department of Financial and 
Professional Regulation.

    "Dietetics and nutrition services" means the integration 
and application of principles derived from the sciences of food 
and nutrition to provide for all aspects of nutrition care for 
individuals and groups, including, but not limited to:
        (1) nutrition counseling; "nutrition counseling" means 
    advising and assisting individuals or groups on 
    appropriate nutrition intake by integrating information 
    from the nutrition assessment;
        (2) nutrition assessment; "nutrition assessment" means 
    the evaluation of the nutrition needs of individuals or 
    groups using appropriate data to determine nutrient needs 
    or status and make appropriate nutrition recommendations;
        (3) medically prescribed diet; "medically prescribed 
    diet" is one form of medical nutrition therapy and means a 
    diet prescribed when specific food or nutrient levels need 
    to be monitored, altered, or both as a component of a 
    treatment program for an individual whose health status is 
    impaired or at risk due to disease, injury, or surgery and 
    may only be performed as initiated by or in consultation 
    with a physician licensed under the Medical Practice Act of 
    1987 acting within the scope of his or her practice, except 
    that a medically prescribed diet for a resident of a 
    nursing home shall only be performed as initiated by or in 
    consultation with a physician licensed to practice 
    medicine in all of its branches;
        (4) medical nutrition therapy; "medical nutrition

    therapy" means the component of nutrition care that deals 
    with the systematic use of food and oral supplementation, 
    based on the nutrition assessment and individual health 
    status and need to manage health conditions; medical 
    nutrition therapy; "medical nutrition therapy" means the 
    component of nutrition care that deals with:
            (A)  interpreting and recommending nutrient needs 
        relative to medically prescribed diets, including, but 
        not limited to, enteral feedings, specialized 
        intravenous solutions, and specialized oral feedings;
            (B)  food and prescription drug interactions; and
            (C)  developing and managing food service 
        operations whose chief function is nutrition care and 
        provision of medically prescribed diets;
        (5) nutrition services for individuals and groups; 
    "nutrition services for individuals and groups" includes, 
    but is not limited to, all of the following:
            (A)  providing nutrition assessments relative to 
        preventive maintenance or restorative care;
            (B)  providing nutrition education and nutrition 
        counseling as components of preventive maintenance or 
        restorative care; and
            (C)  developing and managing systems whose chief 
        function is nutrition care;  nutrition services for 
        individuals and groups does not include medical 
        nutrition therapy as defined in this Act; and
        (6) restorative; "restorative" means the component of 
    nutrition care that deals with oral dietary needs for 
    individuals and groups;  activities shall relate to the 
    metabolism of food and the requirements for nutrients, 
    including dietary supplements for growth, development, 
    maintenance, or attainment of optimal health. 

    "Diplomate of the American Clinical Board of Nutrition" 
means an individual certified by the American Clinical Board of 
Nutrition. 

    "Licensed dietitian nutritionist" means a person licensed 
under this Act to
practice dietetics and nutrition services, as 
defined in this Section.
 Activities of a licensed dietitian 
nutritionist do not include the medical
differential diagnosis 
of the health status of an individual.












    "Practice experience" means a preprofessional, documented, 
supervised
practice in dietetics or nutrition services that is 
acceptable to the
Department in compliance with requirements 
for licensure, as specified in Section
 45. It may be or may 
include a documented, supervised
practice experience which is a 
component of the educational requirements
for licensure, as 
specified in Section 45.

    "Registered dietitian" means an individual registered with 
the Commission
on Dietetic Registration, the accrediting body 
of the Academy of Nutrition and Dietetics, formerly known as 
the American
Dietetic
Association.

    "Secretary" means the Secretary of Financial and 
Professional Regulation.
    "Telepractice" means the delivery of services under this 
Act by means other than in-person, including, but not limited 
to, telephone, email, internet, or other methods of electronic 
communication. Telepractice is not prohibited under this Act 
provided that the provision of telepractice services is 
appropriate for the client and the level of care provided meets 
the required level of care for that client. Individuals 
providing services regulated by this Act via telepractice shall 
comply with and are subject to all licensing and disciplinary 
provisions of this Act. 

(Source: P.A. 97-1141, eff. 12-28-12.)

 
    (225 ILCS 30/17 new)
    Sec. 17. Other activities subject to licensure under this 
Act.
    (1) Enteral and parenteral nutrition therapy shall consist 
of enteral feedings or specialized intravenous solutions and 
shall only be performed by an individual licensed under this 
Act who:
        (a) is a registered dietitian registered with the 
    Commission on Dietetic Registration, the accrediting body 
    of the Academy of Nutrition and Dietetics, formerly known 
    as the American Dietetic Association;
        (b) is a certified nutrition support clinician as 
    certified by the National Board of Nutrition Support 
    Certification; or
        (c) meets the requirements set forth in the rules of 
    the Department. 
    (2) Developing and managing food service operations whose 
chief function is nutrition care shall only be performed by an 
individual licensed under this Act. 
 



    (225 ILCS 30/95)  (from Ch. 111, par. 8401-95)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 95. Grounds for discipline. 

    (1) The Department may refuse to issue or
renew, or may 
revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may 
deem appropriate, including imposing fines not to
exceed 
$10,000 for each violation, with regard to any license or 
certificate for
any one or combination of the following causes:


        (a) Material misstatement in furnishing information to 
    the Department.


        (b) Violations of this Act or of
 rules adopted under 
    this Act.


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


        (d) 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.


        (e) Professional incompetence or gross negligence.


        (f) Malpractice.


        (g) Aiding or assisting another person in violating any 
    provision of
this Act or its rules.


        (h) Failing to provide information within 60 days in 
    response to a
written request made by the Department.


        (i) Engaging in dishonorable, unethical or 
    unprofessional conduct of a
character likely to deceive, 
    defraud, or harm the public.


        (j) Habitual or excessive use or abuse of drugs defined 
    in law as controlled substances, alcohol, or any other 
    substance that results in the
inability to practice with 
    reasonable judgment, skill, or safety.


        (k) Discipline by another state, the District of 
    Columbia, territory, country, or governmental agency if at 
    least one
of the grounds for the discipline is the same or 
    substantially equivalent
to those set forth in this Act.


        (l) Charging for professional services not rendered, 
    including filing false statements for the collection of 
    fees for which services are not rendered. Nothing in this 
    paragraph (1) affects any bona fide independent contractor 
    or employment  arrangements among health care 
    professionals, health facilities, health care providers, 
    or other entities, except as otherwise prohibited by law.  
    Any employment arrangements may include provisions  for 
    compensation, health insurance, pension, or other 
    employment benefits for the provision of services within 
    the scope of the licensee's practice under this Act.  
    Nothing in this paragraph (1) shall be construed to require 
    an employment arrangement to receive professional fees for 
    services rendered. 


        (m) A finding by the Department that the licensee, 
    after having his or her
license placed on probationary 
    status, has violated the terms of probation.


        (n) Willfully making or filing false records or reports 
    in his or her practice, including, but not limited to, 
    false records filed with State agencies or departments.


        (o) Allowing one's license under this Act to be used by 
    an unlicensed person in violation of this Act.


        (p) Practicing under a false or, except as provided by 
    law, an assumed name.


        (q) Gross and willful overcharging for professional 
    services.


        (r) (Blank).


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

        (t) Cheating on or attempting to subvert a licensing 
    examination administered under this Act.
        (u) Mental illness or disability that results in the 
    inability to practice under this Act with reasonable 
    judgment, skill, or safety.
        (v) Physical illness, including, but not limited to, 
    deterioration through the aging process or loss of motor 
    skill that results in a licensee's inability to practice 
    under this Act with reasonable judgment, skill, or safety. 
        (w) Advising an individual to discontinue, reduce, 
    increase, or otherwise alter the intake of a drug 
    prescribed by a physician licensed to practice medicine in 
    all its branches or by a prescriber as defined in Section 
    102 of the Illinois Controlled Substance Act. 
    (2) The Department may refuse to issue or may suspend 
without hearing, as provided for in the Code of Civil 
Procedure, the license of any person who fails to file a 
return, or pay the tax, penalty, or interest shown in a filed 
return, or pay any final assessment of the tax, penalty, or 
interest as required by any tax Act administered by the 
Illinois Department of Revenue, until such time as the 
requirements of any such tax Act are satisfied in accordance 
with subsection (g) of Section 2105-15 of the Civil 
Administrative Code of Illinois.
    (3) The Department shall deny a license or renewal 
authorized by this Act to a person who has defaulted on an 
educational loan or scholarship provided or guaranteed by the 
Illinois Student Assistance Commission or any governmental 
agency of this State in accordance with item (5) of subsection 
(a) of Section 2105-15 of the Civil Administrative Code of 
Illinois.
    (4) In cases where the Department of Healthcare and Family 
Services has previously determined a licensee or a potential 
licensee is more than 30 days delinquent in the payment of 
child support and has subsequently certified the delinquency to 
the Department, the Department may refuse to issue or renew or 
may revoke or suspend that person's license or may take other 
disciplinary action against that person based solely upon the 
certification of delinquency made by the Department of 
Healthcare and Family Services in accordance with item (5) of 
subsection (a) of Section 1205-15 of the Civil Administrative 
Code of Illinois.
    (5) The determination by a circuit court that a licensee is 
subject to involuntary admission or judicial admission, as 
provided in the Mental Health and Developmental Disabilities 
Code, operates as an automatic suspension. The suspension shall 
end only upon a finding by a court that the patient is no 
longer subject to involuntary admission or judicial admission 
and the issuance of an order so finding and discharging the 
patient.
    (6) In enforcing this Act, the Department, upon a showing 
of a possible violation, may compel an individual licensed to 
practice under this Act, or who has applied for licensure under 
this Act, to submit to a mental or physical examination, or 
both, as required by and at the expense of the Department. The 
Department may order the examining physician to present 
testimony concerning the mental or physical examination of the 
licensee or applicant. No information shall be excluded by 
reason of any common law or statutory privilege relating to 
communications between the licensee or applicant and the 
examining physician. The examining physicians shall be 
specifically designated by the Department. The individual to be 
examined may have, at his or her own expense, another physician 
of his or her choice present during all aspects of this 
examination. The examination shall be performed by a physician 
licensed to practice medicine in all its branches. Failure of 
an individual to submit to a mental or physical examination, 
when directed, shall result in an automatic suspension without 
hearing.
    A person holding a license under this Act or who has 
applied for a license under this Act who, because of a physical 
or mental illness or disability, including, but not limited to, 
deterioration through the aging process or loss of motor skill, 
is unable to practice the profession with reasonable judgment, 
skill, or safety, may be required by the Department to submit 
to care, counseling, or treatment by physicians approved or 
designated by the Department as a condition, term, or 
restriction for continued, reinstated, or renewed licensure to 
practice. Submission to care, counseling, or treatment as 
required by the Department shall not be considered discipline 
of a license. If the licensee refuses to enter into a care, 
counseling, or treatment agreement or fails to abide by the 
terms of the agreement, then the Department may file a 
complaint to revoke, suspend, or otherwise discipline the 
license of the individual. The Secretary may order the license 
suspended immediately, pending a hearing by the Department. 
Fines shall not be assessed in disciplinary actions involving 
physical or mental illness or impairment.
    In instances in which the Secretary immediately suspends a 
person's license under this Section, a hearing on that person's 
license must be convened by the Department within 15 days after 
the suspension and completed without appreciable delay. The 
Department shall have the authority to review the subject 
individual's record of treatment and counseling regarding the 
impairment to the extent permitted by applicable federal 
statutes and regulations safeguarding the confidentiality of

medical records.
    An individual licensed under this Act and affected under 
this Section shall be afforded an opportunity to demonstrate to 
the Department that he or she can resume practice in compliance 
with acceptable and prevailing standards under the provisions 
of his or her license. 



(Source: P.A. 96-1482, eff. 11-29-10; 97-1141, eff. 12-28-12.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.