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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||||||||||||||||||||
5 | Section 4.28 and by adding Section 4.38 as follows: | ||||||||||||||||||||||||
6 | (5 ILCS 80/4.28) | ||||||||||||||||||||||||
7 | Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||||||||||||||||||||||
8 | Acts are
repealed on January 1, 2018: | ||||||||||||||||||||||||
9 | The Illinois Petroleum Education and Marketing Act.
| ||||||||||||||||||||||||
10 | The Podiatric Medical Practice Act of 1987. | ||||||||||||||||||||||||
11 | The Acupuncture Practice Act. | ||||||||||||||||||||||||
12 | The Illinois Speech-Language Pathology and Audiology | ||||||||||||||||||||||||
13 | Practice Act. | ||||||||||||||||||||||||
14 | The Interpreter for the Deaf Licensure Act of 2007. | ||||||||||||||||||||||||
15 | The Nurse Practice Act. | ||||||||||||||||||||||||
16 | The Clinical Social Work and Social Work Practice Act. | ||||||||||||||||||||||||
17 | The Pharmacy Practice Act. | ||||||||||||||||||||||||
18 | The Home Medical Equipment and Services Provider License | ||||||||||||||||||||||||
19 | Act. | ||||||||||||||||||||||||
20 | The Marriage and Family Therapy Licensing Act. | ||||||||||||||||||||||||
21 | The Nursing Home Administrators Licensing and Disciplinary | ||||||||||||||||||||||||
22 | Act. | ||||||||||||||||||||||||
23 | The Physician Assistant Practice Act of 1987. |
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| |||||||
1 | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||||||
2 | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||||||
3 | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||||||
4 | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||||||
5 | 96-328, eff. 8-11-09.) | ||||||
6 | (5 ILCS 80/4.38 new) | ||||||
7 | Sec. 4.38. Acts repealed on January 1, 2028. The following | ||||||
8 | Act is repealed on January 1, 2028: | ||||||
9 | The Acupuncture Practice Act. | ||||||
10 | Section 10. The Acupuncture Practice Act is amended by | ||||||
11 | changing Sections 10, 25, 30, 35, 40, 60, 70, 105, 110, 120, | ||||||
12 | 130, 140, 152, 160, 170, 175, 190, and 200 and by adding | ||||||
13 | Sections 12 and 142 as follows:
| ||||||
14 | (225 ILCS 2/10)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
16 | Sec. 10. Definitions. As used in this Act:
| ||||||
17 | "Acupuncture" means the evaluation or treatment of persons | ||||||
18 | affected
through a method of stimulation of a certain point or | ||||||
19 | points on or immediately
below the surface of
the body by the | ||||||
20 | insertion of pre-sterilized, single-use, disposable needles,
| ||||||
21 | unless medically contraindicated, with or without the | ||||||
22 | application of heat,
electronic stimulation, or manual | ||||||
23 | pressure
to prevent or modify the perception of
pain, to |
| |||||||
| |||||||
1 | normalize physiological functions, or for the
treatment of | ||||||
2 | certain diseases or dysfunctions of the body and includes | ||||||
3 | activities referenced in Section 15 of this Act for which a | ||||||
4 | written referral is not required.
Acupuncture does not include | ||||||
5 | radiology, electrosurgery, chiropractic technique,
physical | ||||||
6 | therapy, naprapathic technique, use or prescribing of any | ||||||
7 | drugs,
medications, herbal preparations, nutritional | ||||||
8 | supplements, serums, or vaccines,
or determination of a | ||||||
9 | differential
diagnosis.
An acupuncturist licensed
registered | ||||||
10 | under this Act who is not also licensed as a physical therapist
| ||||||
11 | under
the Illinois Physical Therapy Act shall not hold himself | ||||||
12 | or herself out as
being qualified to provide physical therapy | ||||||
13 | or physiotherapy services.
An
acupuncturist shall refer to a | ||||||
14 | licensed physician or dentist, any
patient whose condition | ||||||
15 | should, at the time of evaluation or treatment,
be determined | ||||||
16 | to be beyond the scope of practice of the acupuncturist.
| ||||||
17 | "Acupuncturist" means a person who practices acupuncture
| ||||||
18 | and who is licensed by the Department under this Act to | ||||||
19 | practice acupuncture .
| ||||||
20 | "Address of record" means the designated address recorded | ||||||
21 | by the Department in the applicant's or licensee's application | ||||||
22 | file or license file as maintained by the Department's | ||||||
23 | licensure maintenance unit. | ||||||
24 | "Board" means the Board of Acupuncture appointed by the | ||||||
25 | Secretary .
| ||||||
26 | "Dentist" means a person licensed under the Illinois Dental |
| |||||||
| |||||||
1 | Practice Act.
| ||||||
2 | "Department" means the Department of Financial and
| ||||||
3 | Professional
Regulation.
| ||||||
4 | "Email address of record" means the designated email | ||||||
5 | address recorded by the Department in the applicant's | ||||||
6 | application file or the licensee's license file, as maintained | ||||||
7 | by the Department's licensure maintenance unit. | ||||||
8 | "Physician" means a person licensed under the Medical | ||||||
9 | Practice Act of 1987.
| ||||||
10 | "Referral by written order" for purposes of this Act means | ||||||
11 | a
diagnosis, substantiated by signature of a physician or | ||||||
12 | dentist, identifying a
patient's condition and recommending | ||||||
13 | treatment by acupuncture as defined in
this Act. The diagnosis | ||||||
14 | shall remain in effect until changed by the physician
or | ||||||
15 | dentist who may, through express direction in the referral, | ||||||
16 | maintain management of the patient.
| ||||||
17 | "Secretary" means the Secretary of Financial and | ||||||
18 | Professional Regulation.
| ||||||
19 | "State" includes:
| ||||||
20 | (1) the states of the United States of America;
| ||||||
21 | (2) the District of Columbia; and
| ||||||
22 | (3) the Commonwealth of Puerto Rico.
| ||||||
23 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
24 | (225 ILCS 2/12 new) | ||||||
25 | Sec. 12. Address of record; email address of record. All |
| |||||||
| |||||||
1 | applicants and licensees shall: | ||||||
2 | (1) provide a valid address and email address to the | ||||||
3 | Department, which shall serve as the address of record and | ||||||
4 | email address of record, respectively, at the time of | ||||||
5 | application for licensure or renewal of a license; and | ||||||
6 | (2) inform the Department of any change of address of | ||||||
7 | record or email address of record within 14 days after such | ||||||
8 | change either through the Department's website or by | ||||||
9 | contacting the Department's licensure maintenance unit.
| ||||||
10 | (225 ILCS 2/25)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
12 | Sec. 25. Powers and duties of Department. The Department
| ||||||
13 | shall exercise powers and duties under this Act as
follows:
| ||||||
14 | (1) Review applications to ascertain the | ||||||
15 | qualifications of
applicants for licensure.
| ||||||
16 | (2) Adopt rules consistent with the
provisions of this | ||||||
17 | Act for its administration and enforcement
and may | ||||||
18 | prescribe forms
that shall be used in connection with
this | ||||||
19 | Act. The rules may define standards and criteria for
| ||||||
20 | professional conduct and discipline. The
Department shall | ||||||
21 | consult with the Board in adopting rules. Notice of
| ||||||
22 | proposed rulemaking shall be transmitted to the Board, and | ||||||
23 | the Department shall
review the Board's response and any | ||||||
24 | recommendations made in the response.
| ||||||
25 | (3) The Department may at any time seek the advice and |
| |||||||
| |||||||
1 | the expert
knowledge
of
the Board on any matter relating to | ||||||
2 | the administration of this Act.
| ||||||
3 | (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97 .)
| ||||||
4 | (225 ILCS 2/30)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
6 | Sec. 30. Illinois Administrative Procedure Act. The | ||||||
7 | Illinois
Administrative Procedure Act is hereby expressly | ||||||
8 | adopted and incorporated herein as if all of the provisions of | ||||||
9 | that Act were included in this Act, except that the provision | ||||||
10 | of subsection (d) of Section 10-65 of the Illinois | ||||||
11 | Administrative Procedure Act, which provides that at hearings | ||||||
12 | the licensee has the right to show compliance with all lawful | ||||||
13 | requirements for retention or continuation or renewal of the | ||||||
14 | license, is specifically excluded. For the purposes of this | ||||||
15 | Act, the notice required under Section 10-25 of the Illinois | ||||||
16 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
17 | to the address of record.
shall apply to all administrative | ||||||
18 | rules and procedures of the Department under
this Act, except | ||||||
19 | that in the case of a conflict between the Illinois
| ||||||
20 | Administrative Procedure Act and this Act, the provisions of | ||||||
21 | this Act shall
control.
| ||||||
22 | (Source: P.A. 89-706, eff. 1-31-97 .)
| ||||||
23 | (225 ILCS 2/35)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2018)
|
| |||||||
| |||||||
1 | Sec. 35. Board of Acupuncture. The Secretary shall appoint | ||||||
2 | a Board of
Acupuncture to
consist of 7 persons who shall be | ||||||
3 | appointed by and shall serve in an advisory
capacity to the | ||||||
4 | Secretary. Four members must hold an active license to engage | ||||||
5 | in
the practice of acupuncture in this State, one member shall | ||||||
6 | be a chiropractic
physician licensed under the Medical Practice | ||||||
7 | Act of 1987 who is actively
engaged in the practice of | ||||||
8 | acupuncture, one member shall be a physician
licensed to | ||||||
9 | practice medicine in all of its branches in Illinois, and one
| ||||||
10 | member must be a member of the public who is not licensed under | ||||||
11 | this
Act or a
similar Act of another jurisdiction and who has | ||||||
12 | no connection with the
profession.
| ||||||
13 | Members shall serve 4-year terms and until their successors | ||||||
14 | are appointed and
qualified. No member may be appointed to more | ||||||
15 | than 2 consecutive full terms shall
be reappointed to the Board | ||||||
16 | for a term that would cause his or her continuous
service on | ||||||
17 | the Board to be longer than 8 consecutive years . Appointments | ||||||
18 | to
fill vacancies shall be made in the same manner as original | ||||||
19 | appointments for
the unexpired portion of the vacated term. | ||||||
20 | Initial terms shall begin upon the
effective date of this | ||||||
21 | amendatory Act of 1997.
| ||||||
22 | The Board may annually elect a chairperson and a | ||||||
23 | vice-chairperson who shall
preside in the absence of the | ||||||
24 | chairperson. The membership of the Board should
reasonably | ||||||
25 | reflect representation from the geographic areas in this State. | ||||||
26 | The
Secretary may terminate the appointment of any member for |
| |||||||
| |||||||
1 | cause.
The Secretary may give due consideration to all | ||||||
2 | recommendations of the Board. A
majority of the Board members | ||||||
3 | currently appointed shall constitute a quorum. A
vacancy in the | ||||||
4 | membership of the Board shall not impair the right of a quorum
| ||||||
5 | to exercise the right and perform all the duties of the Board. | ||||||
6 | Members of the
Board shall have no liability in any action | ||||||
7 | based upon any disciplinary
proceeding or other activity | ||||||
8 | performed in good faith as a member of the
Board.
| ||||||
9 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
10 | (225 ILCS 2/40)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
12 | Sec. 40. Application for licensure. Applications for
| ||||||
13 | original
licensure as an acupuncturist shall be made to the
| ||||||
14 | Department in writing on
forms
prescribed by the Department and | ||||||
15 | shall be accompanied by the required fee,
which shall
not be | ||||||
16 | refundable.
| ||||||
17 | Until December 31, 2001, applicants shall submit with the | ||||||
18 | application
proof of
passing the National Certification | ||||||
19 | Commission for Acupuncture and Oriental Medicine examination | ||||||
20 | or a
substantially equivalent examination approved by the | ||||||
21 | Department or meeting any
other qualifications established by | ||||||
22 | the Department.
| ||||||
23 | The On and after January 1, 2002, the Department may shall | ||||||
24 | issue a license to an
applicant who submits with the | ||||||
25 | application proof that the applicant satisfies of each of the |
| |||||||
| |||||||
1 | following requirements for licensure :
| ||||||
2 | (1)(A) graduation from a
school accredited by the | ||||||
3 | Accreditation Commission for Acupuncture and Oriental | ||||||
4 | Medicine or a similar accrediting body
approved by the | ||||||
5 | Department; or
(B) completion of a comprehensive | ||||||
6 | educational program approved by the
Department; and
| ||||||
7 | (2) passing the
National Certification Commission for | ||||||
8 | Acupuncture and Oriental Medicine examination or a
| ||||||
9 | substantially
equivalent examination approved by the | ||||||
10 | Department.
| ||||||
11 | An applicant has 3
years from the date of his or her | ||||||
12 | application to complete the application
process. If the process | ||||||
13 | has not been completed in 3 years, the application
shall be | ||||||
14 | denied, the fee shall be forfeited, and the applicant must | ||||||
15 | reapply and
meet the requirements in effect at the time of | ||||||
16 | reapplication.
| ||||||
17 | (Source: P.A. 93-999, eff. 8-23-04 .)
| ||||||
18 | (225 ILCS 2/60)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
20 | Sec. 60. Exhibition of license upon request; change of
| ||||||
21 | address. A licensee shall, whenever
requested,
exhibit his or | ||||||
22 | her license to any
representative of the
Department
and shall | ||||||
23 | notify the Department of the address or addresses, and of
every | ||||||
24 | change of address, where the licensee practices
acupuncture .
| ||||||
25 | (Source: P.A. 95-450, eff. 8-27-07.)
|
| |||||||
| |||||||
1 | (225 ILCS 2/70)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 70. Renewal , reinstatement, or restoration of
| ||||||
4 | license; continuing education; military service. The
| ||||||
5 | expiration date and renewal period
for each license issued | ||||||
6 | under this Act shall be set by
rule. The
holder of a license | ||||||
7 | may renew that license during the
month
preceding its | ||||||
8 | expiration date by paying the required fee.
| ||||||
9 | In order to renew or restore a license, applicants shall
| ||||||
10 | provide proof of having met the
requirements of continuing | ||||||
11 | education set forth in the
rules of the
Department. Continuing | ||||||
12 | education sponsors approved by the Department may not use an | ||||||
13 | individual to engage in clinical demonstration, unless that | ||||||
14 | individual is actively licensed under this Act or licensed by | ||||||
15 | another state or country as set forth in Section 20.1 of this | ||||||
16 | Act.
| ||||||
17 | A person who has permitted his or her license to expire or | ||||||
18 | who has had
his or her license on inactive status may have the | ||||||
19 | license restored by
submitting an application to the | ||||||
20 | Department, by meeting continuing education
requirements, and | ||||||
21 | by filing proof acceptable to the Department of fitness to
have | ||||||
22 | the license restored, which may include sworn evidence | ||||||
23 | certifying to
active practice in another jurisdiction | ||||||
24 | satisfactory to the Department and by
paying the required | ||||||
25 | restoration fee. If the person has not maintained an
active |
| |||||||
| |||||||
1 | practice in another jurisdiction satisfactory to the | ||||||
2 | Department, the
Department shall determine , by an evaluation | ||||||
3 | program established by rule, his
or her fitness to resume | ||||||
4 | active status and may require the person to complete a
period | ||||||
5 | of evaluated clinical experience and may require successful | ||||||
6 | completion
of a practical examination.
| ||||||
7 | Any acupuncturist whose license expired while he or she
was
| ||||||
8 | (1) in federal service on active duty with the Armed Forces of | ||||||
9 | the
United States or the State Militia called into service or | ||||||
10 | training
or (2) in training or education under the supervision | ||||||
11 | of the
United States preliminary to induction into the military | ||||||
12 | service,
however, may have his or her license registration | ||||||
13 | restored without paying any
lapsed renewal fees if within 2 | ||||||
14 | years after honorable termination
of service, training, or | ||||||
15 | education, he or she furnishes the
Department with satisfactory | ||||||
16 | evidence that he or she
has been so engaged and that his or her | ||||||
17 | service, training, or
education has been terminated.
| ||||||
18 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
19 | (225 ILCS 2/105)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
21 | Sec. 105. Unlicensed practice; civil penalty. | ||||||
22 | (a) A person who practices,
offers to practice, attempts to | ||||||
23 | practice, or holds himself or herself out to
practice as
a
| ||||||
24 | licensed acupuncturist without being licensed under this Act | ||||||
25 | shall, in addition
to any other penalty provided by law, pay a |
| |||||||
| |||||||
1 | civil penalty to the Department in
an amount not to exceed | ||||||
2 | $10,000 for each offense as determined by the
Department. The | ||||||
3 | civil penalty shall be assessed by the Department after a
| ||||||
4 | hearing is held in accordance with the provisions set forth in | ||||||
5 | this Act
regarding the provision of a hearing for the | ||||||
6 | discipline of a licensee.
| ||||||
7 | (b) The Department has the authority and power to | ||||||
8 | investigate any and all unlicensed activity. | ||||||
9 | (c) The civil penalty shall be paid within 60 days after | ||||||
10 | the effective date of the order imposing the civil penalty. The | ||||||
11 | order shall constitute a judgment and may be filed and | ||||||
12 | execution had thereon in the same manner as any judgment from | ||||||
13 | any court of record. | ||||||
14 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
15 | (225 ILCS 2/110)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
17 | Sec. 110. Grounds for disciplinary action.
| ||||||
18 | (a) The Department may refuse to issue or to renew, place | ||||||
19 | on probation,
suspend, revoke or take other disciplinary or | ||||||
20 | non-disciplinary action as deemed appropriate
including the | ||||||
21 | imposition of fines not to exceed $10,000 for each
violation,
| ||||||
22 | as the Department may deem proper,
with
regard to a license for | ||||||
23 | any one or combination of the
following
causes:
| ||||||
24 | (1) Violations of this the Act or its rules.
| ||||||
25 | (2) Conviction by or plea of guilty or nolo contendere , |
| |||||||
| |||||||
1 | finding of guilt, jury verdict, or entry of judgment or | ||||||
2 | sentencing, including, but not limited to, convictions, | ||||||
3 | preceding sentences of supervision, conditional discharge, | ||||||
4 | or first offender probation, under the laws of any | ||||||
5 | jurisdiction of the United States that is of any crime | ||||||
6 | under the laws of the United States or any state or | ||||||
7 | territory thereof that is (i) a felony or (ii) a | ||||||
8 | misdemeanor, an
essential element of which is dishonesty or | ||||||
9 | that is directly
related to the practice of the profession.
| ||||||
10 | (3) Making any misrepresentation for the purpose of
| ||||||
11 | obtaining a license.
| ||||||
12 | (4) Aiding or assisting another person in violating any
| ||||||
13 | provision of this Act or its rules.
| ||||||
14 | (5) Failing to provide information within 60 days in
| ||||||
15 | response to a written request made by the Department which | ||||||
16 | has
been sent by certified or registered mail to the | ||||||
17 | licensee's
last known address of record or by email to the | ||||||
18 | licensee's email address of record .
| ||||||
19 | (6) Discipline by another U.S. jurisdiction or foreign
| ||||||
20 | nation, if at least one of the grounds for the discipline | ||||||
21 | is the same or
substantially equivalent to one set forth in | ||||||
22 | this Section.
| ||||||
23 | (7) Solicitation of professional services by means | ||||||
24 | other
than permitted under this Act.
| ||||||
25 | (8) Failure to provide a patient with a copy of his or
| ||||||
26 | her record upon the written request of the patient.
|
| |||||||
| |||||||
1 | (9) Gross negligence in the practice of acupuncture.
| ||||||
2 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
3 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
4 | that results in an
acupuncturist's inability to practice | ||||||
5 | with reasonable judgment, skill, or
safety.
| ||||||
6 | (11) A finding that licensure has been
applied for or
| ||||||
7 | obtained by fraudulent means.
| ||||||
8 | (12) A pattern of practice or other behavior that | ||||||
9 | demonstrates
incapacity or incompetence to practice under | ||||||
10 | this Act.
| ||||||
11 | (13) Being named as a perpetrator in an indicated | ||||||
12 | report
by the Department of Children and Family Services | ||||||
13 | under the
Abused and Neglected Child Reporting Act and upon | ||||||
14 | proof by
clear and convincing evidence that the licensee | ||||||
15 | has caused a
child to be an abused child or a neglected | ||||||
16 | child as defined in
the Abused and Neglected Child | ||||||
17 | Reporting Act.
| ||||||
18 | (14) Willfully Wilfully failing to report an instance | ||||||
19 | of suspected
child abuse or neglect as required by the | ||||||
20 | Abused and Neglected
Child Reporting Act.
| ||||||
21 | (15) The use of any words, abbreviations, figures or
| ||||||
22 | letters (such as Acupuncturist, Licensed Acupuncturist,
| ||||||
23 | Certified Acupuncturist, C.A., Act., Lic. Act., or Lic. | ||||||
24 | Ac.)
with the intention of indicating practice as a | ||||||
25 | licensed
acupuncturist without a valid license as an | ||||||
26 | acupuncturist
issued under this Act.
|
| |||||||
| |||||||
1 | (16) Using claims of superior quality of care to entice
| ||||||
2 | the public or advertising fee comparisons of available | ||||||
3 | services with those of
other persons providing acupuncture | ||||||
4 | services.
| ||||||
5 | (17) Advertising of professional services that the | ||||||
6 | offeror of the
services is not licensed to render. | ||||||
7 | Advertising of professional services that
contains false, | ||||||
8 | fraudulent, deceptive, or misleading material or | ||||||
9 | guarantees of
success,
statements that play upon the vanity | ||||||
10 | or fears of the public, or statements that
promote or | ||||||
11 | produce unfair competition.
| ||||||
12 | (18) Having treated ailments of human beings other than | ||||||
13 | by
the practice of
acupuncture as defined in this Act, or | ||||||
14 | having treated ailments of human beings
as a licensed | ||||||
15 | acupuncturist pursuant to a
referral by written order
that | ||||||
16 | provides for management of the patient by a physician or | ||||||
17 | dentist without having notified the
physician or dentist | ||||||
18 | who established the diagnosis that the patient is
receiving | ||||||
19 | acupuncture treatment.
| ||||||
20 | (19) Unethical, unauthorized, or unprofessional | ||||||
21 | conduct as defined by
rule.
| ||||||
22 | (20) Physical illness, mental illness, or other | ||||||
23 | impairment that results in the inability
to practice the | ||||||
24 | profession with reasonable judgment, skill, and safety, | ||||||
25 | including , without limitation , deterioration through the | ||||||
26 | aging process, mental illness, or disability.
|
| |||||||
| |||||||
1 | (21) Violation of the Health Care Worker Self-Referral | ||||||
2 | Act.
| ||||||
3 | The entry of an order by a circuit court establishing that | ||||||
4 | any person
holding a license under this Act is subject to | ||||||
5 | involuntary admission or
judicial admission as provided for in | ||||||
6 | the Mental Health and Developmental
Disabilities Code operates | ||||||
7 | as an automatic suspension of that license. That
person may | ||||||
8 | have his or her license restored only upon the determination by | ||||||
9 | a
circuit court that the patient is no longer subject to | ||||||
10 | involuntary admission or
judicial admission and the issuance of | ||||||
11 | an order so finding and discharging the
patient and upon the | ||||||
12 | Board's recommendation to the Department that the license
be | ||||||
13 | restored. Where the circumstances so indicate, the Board may | ||||||
14 | recommend to
the Department that it require an examination | ||||||
15 | prior to restoring a suspended
license.
| ||||||
16 | The Department may refuse to issue or renew the license
of | ||||||
17 | any person
who
fails to (i) file a return or to pay the tax,
| ||||||
18 | penalty or interest shown in a filed return or (ii) pay any | ||||||
19 | final
assessment of the tax, penalty, or interest as required | ||||||
20 | by any tax
Act administered by the Illinois Department of | ||||||
21 | Revenue, until the
time that the requirements of that tax Act | ||||||
22 | are satisfied.
| ||||||
23 | In enforcing this Section, the Department or Board upon a | ||||||
24 | showing of
a
possible
violation may compel an individual | ||||||
25 | licensed to practice under this Act, or
who has applied for | ||||||
26 | licensure under this Act, to submit
to a mental or physical |
| |||||||
| |||||||
1 | examination, or both, as required by and at the expense
of the | ||||||
2 | Department. The Department or Board may order the examining | ||||||
3 | physician to
present
testimony concerning the mental or | ||||||
4 | physical examination of the licensee or
applicant. No | ||||||
5 | information shall be excluded by reason of any common law or
| ||||||
6 | statutory privilege relating to communications between the | ||||||
7 | licensee or
applicant and the examining physician. The | ||||||
8 | examining
physicians
shall be specifically designated by the | ||||||
9 | Board or Department.
The individual to be examined may have, at | ||||||
10 | his or her own expense, another
physician of his or her choice | ||||||
11 | present during all
aspects of this examination. Failure of an | ||||||
12 | individual to submit to a mental
or
physical examination, when | ||||||
13 | directed, shall be grounds for suspension of his or
her
license | ||||||
14 | until the individual submits to the examination if the | ||||||
15 | Department
finds,
after notice and hearing, that the refusal to | ||||||
16 | submit to the examination was
without reasonable cause.
| ||||||
17 | If the Department or Board finds an individual unable to | ||||||
18 | practice because of
the
reasons
set forth in this Section, the | ||||||
19 | Department or Board may require that individual
to submit
to
| ||||||
20 | care, counseling, or treatment by physicians approved
or | ||||||
21 | designated by the Department or Board , as a condition, term, or | ||||||
22 | restriction
for continued, restored
reinstated , or
renewed | ||||||
23 | licensure to practice; or, in lieu of care, counseling, or | ||||||
24 | treatment,
the Department may file , or
the Board may recommend | ||||||
25 | to the Department to file, a complaint to immediately
suspend, | ||||||
26 | revoke, or otherwise discipline the license of the individual.
|
| |||||||
| |||||||
1 | An individual whose
license was granted, continued, restored | ||||||
2 | reinstated , renewed, disciplined , or supervised
subject to | ||||||
3 | such terms, conditions, or restrictions, and who fails to | ||||||
4 | comply
with
such terms, conditions, or restrictions, shall be | ||||||
5 | referred to the Secretary for
a
determination as to whether the | ||||||
6 | individual shall have his or her license
suspended immediately, | ||||||
7 | pending a hearing by the Department.
| ||||||
8 | In instances in which the Secretary immediately suspends a | ||||||
9 | person's license
under this Section, a hearing on that person's | ||||||
10 | license must be convened by
the Department within 30 days after | ||||||
11 | the suspension and completed without
appreciable
delay.
The | ||||||
12 | Department and Board shall have the authority to review the | ||||||
13 | subject
individual's record of
treatment and counseling | ||||||
14 | regarding the impairment to the extent permitted by
applicable | ||||||
15 | federal statutes and regulations safeguarding the | ||||||
16 | confidentiality of
medical records.
| ||||||
17 | An individual licensed under this Act and affected under | ||||||
18 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
19 | the Department or Board that he or
she can resume
practice in | ||||||
20 | compliance with acceptable and prevailing standards under the
| ||||||
21 | provisions of his or her license.
| ||||||
22 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
23 | (225 ILCS 2/120)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
25 | Sec. 120. Checks or orders to Department dishonored because
|
| |||||||
| |||||||
1 | of insufficient funds. Any person who issues or delivers a | ||||||
2 | check
or other order to the Department that is not honored on 2 | ||||||
3 | occasions
by the financial institution upon which it is drawn | ||||||
4 | because of
insufficient funds on account, the account is | ||||||
5 | closed, or a stop
payment has been placed on the check or order | ||||||
6 | shall pay to the
Department, in addition to the amount owing | ||||||
7 | upon the check or other
order, a fee of $50. If the check or | ||||||
8 | other order was issued or
delivered in payment of a renewal or | ||||||
9 | issuance fee and the person
whose license registration has | ||||||
10 | lapsed continues to practice acupuncture without
paying the | ||||||
11 | renewal or issuance fee and the required $50 fee under
this | ||||||
12 | Section, an additional fee of $100 shall be imposed. The fees
| ||||||
13 | imposed by this Section are in addition to any other | ||||||
14 | disciplinary
provision under this Act prohibiting practice on | ||||||
15 | an expired or
non-renewed license registration. The Department
| ||||||
16 | shall mail a registration renewal form to each registrant 60 | ||||||
17 | days before the
expiration of the registrant's current | ||||||
18 | registration.
The Department shall notify a person whose
| ||||||
19 | registration has lapsed, within 30 days after the discovery of | ||||||
20 | the
lapse, that the individual is engaged in the unauthorized | ||||||
21 | practice
of acupuncture and of the amount due to the Department | ||||||
22 | which shall
include the lapsed renewal fee and all other fees | ||||||
23 | required by this
Section . If after the expiration of 30 days | ||||||
24 | from the date of the
notification a person whose license | ||||||
25 | registration has lapsed seeks a current license
registration , | ||||||
26 | he or she shall thereafter apply to the Department for
|
| |||||||
| |||||||
1 | restoration of the license registration and pay all fees due to | ||||||
2 | the Department.
The Department may establish a fee for the | ||||||
3 | processing of an
application for restoration of a license | ||||||
4 | registration that allows the Department
to pay all costs and | ||||||
5 | expenses incident to the processing of this
application. The | ||||||
6 | Secretary may waive the fees due under this
Section in | ||||||
7 | individual cases where he or she finds that the fees
would be | ||||||
8 | unreasonably or unnecessarily burdensome.
| ||||||
9 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
10 | (225 ILCS 2/130)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
12 | Sec. 130. Injunctions; criminal offenses; cease and desist
| ||||||
13 | order.
| ||||||
14 | (a) If any person violates the provisions of this Act, the | ||||||
15 | Secretary may, in the name of the People of the State of | ||||||
16 | Illinois,
through the Attorney General of the State of Illinois | ||||||
17 | or the
State's Attorney for any county in which the action is | ||||||
18 | brought,
petition for an order enjoining the violation or for | ||||||
19 | an order
enforcing compliance with this Act. Upon the filing of | ||||||
20 | a verified
petition in court, the court may issue a temporary | ||||||
21 | restraining
order, without notice or condition, and may | ||||||
22 | preliminarily and
permanently enjoin the violation. If it is | ||||||
23 | established that the
person has violated or is violating the | ||||||
24 | injunction, the court Court may
punish the offender for | ||||||
25 | contempt of court. Proceedings under this
Section shall be in |
| |||||||
| |||||||
1 | addition to, and not in lieu of, all other
remedies and | ||||||
2 | penalties provided by this Act.
| ||||||
3 | (b) Whenever in the opinion of the Department a person | ||||||
4 | violates a
provision of this Act, the Department may issue a | ||||||
5 | rule to show cause why an
order to cease and desist should not | ||||||
6 | be entered against that person. The rule
shall clearly set | ||||||
7 | forth the grounds relied upon by the Department and shall
allow | ||||||
8 | at least 7 days from the date of the rule to file an answer to | ||||||
9 | the
satisfaction of the Department. Failure to answer to the | ||||||
10 | satisfaction of the
Department shall cause an order to cease | ||||||
11 | and desist to be issued immediately.
| ||||||
12 | (c) Other than as provided in Section 20 of this Act, if | ||||||
13 | any
person practices as an acupuncturist or holds himself or | ||||||
14 | herself
out as a licensed acupuncturist under this Act without | ||||||
15 | being
issued
a valid existing license by the Department, then | ||||||
16 | any
licensed
acupuncturist, any interested party, or any person | ||||||
17 | injured thereby
may, in addition to the Secretary, petition for | ||||||
18 | relief as provided
in subsection (a) of this Section.
| ||||||
19 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
20 | (225 ILCS 2/140)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
22 | Sec. 140. Investigation; notice; hearing. Licenses may be | ||||||
23 | refused,
revoked, suspended,
or otherwise disciplined in the | ||||||
24 | manner provided by this Act and not otherwise.
The Department | ||||||
25 | may upon its own motion or upon the
complaint
of any person |
| |||||||
| |||||||
1 | setting forth facts that if proven would constitute
grounds for | ||||||
2 | refusal to issue or renew
or for suspension, revocation, or | ||||||
3 | other disciplinary action
under this Act,
investigate
the
| ||||||
4 | actions of a person applying for, holding, or claiming to hold | ||||||
5 | a license. The
Department shall, before refusing to issue or | ||||||
6 | renew, suspending,
revoking, or taking other disciplinary | ||||||
7 | action regarding a
license or taking other discipline pursuant | ||||||
8 | to Section 110 of this Act, and at
least 30 days prior to the | ||||||
9 | date set for the hearing, notify in writing the
applicant or | ||||||
10 | licensee of any charges made, shall afford
the applicant or | ||||||
11 | licensee an opportunity to be heard in person or by counsel in
| ||||||
12 | reference to the charges, and direct the applicant or licensee | ||||||
13 | to file a
written
answer to the Department under oath within 20 | ||||||
14 | days after the service of the
notice and inform the applicant | ||||||
15 | or licensee that failure to file an answer will
result in | ||||||
16 | default being taken against the applicant or licensee and that | ||||||
17 | the
license may be suspended, revoked, placed on probationary | ||||||
18 | status, or other
disciplinary action may be
taken, including | ||||||
19 | limiting the scope, nature, or extent of practice, as the
| ||||||
20 | Secretary may deem proper. Written notice may be served by : (1) | ||||||
21 | personal delivery
to the applicant or licensee ; or by (2) | ||||||
22 | mailing the notice by registered or certified mail to
his or | ||||||
23 | her address of record last known place of residence or to the | ||||||
24 | place of business last
specified by the applicant or licensee | ||||||
25 | in his or her last notification
to
the Department ; or (3) | ||||||
26 | sending notice via email to the applicant's or licensee's email |
| |||||||
| |||||||
1 | address of record . If the person fails to file an answer after | ||||||
2 | receiving
notice, his or her license may, in the discretion of | ||||||
3 | the Department, be
suspended, revoked, or placed on | ||||||
4 | probationary status or the Department may take
whatever | ||||||
5 | disciplinary action deemed proper, including limiting the | ||||||
6 | scope,
nature, or extent of the person's practice or the | ||||||
7 | imposition of a fine, without
a hearing, if the act or acts | ||||||
8 | charged constitute sufficient grounds for such
action under | ||||||
9 | this Act. At the time and place fixed in the notice, the
| ||||||
10 | Department shall proceed to hearing of the charges and both the | ||||||
11 | applicant or
licensee
and the complainant shall be afforded | ||||||
12 | ample opportunity to present, in person
or by counsel, any | ||||||
13 | statements, testimony, evidence, and arguments that may be
| ||||||
14 | pertinent to the charges or to their defense. The Department | ||||||
15 | may continue a
hearing from time to time.
If the Board is not | ||||||
16 | sitting at the time and place fixed in the notice or
at the | ||||||
17 | time and place to which the hearing shall have been continued, | ||||||
18 | the
Department may continue the hearing for a period not to | ||||||
19 | exceed 30 days.
| ||||||
20 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
21 | (225 ILCS 2/142 new) | ||||||
22 | Sec. 142. Confidentiality. All information collected by | ||||||
23 | the Department in the course of an examination or investigation | ||||||
24 | of a licensee or applicant, including, but not limited to, any | ||||||
25 | complaint against a licensee filed with the Department and |
| |||||||
| |||||||
1 | information collected to investigate any such complaint, shall | ||||||
2 | be maintained for the confidential use of the Department and | ||||||
3 | may not be disclosed. The Department may not disclose the | ||||||
4 | information to anyone other than law enforcement officials, | ||||||
5 | other regulatory agencies that have an appropriate regulatory | ||||||
6 | interest as determined by the Secretary of the Department, or a | ||||||
7 | party presenting a lawful subpoena to the Department. | ||||||
8 | Information and documents disclosed to a federal, State, | ||||||
9 | county, or local law enforcement agency may not be disclosed by | ||||||
10 | the agency for any purpose to any other agency or person. A | ||||||
11 | formal complaint filed by the Department against a licensee or | ||||||
12 | applicant is a public record, except as otherwise prohibited by | ||||||
13 | law.
| ||||||
14 | (225 ILCS 2/152)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
16 | Sec. 152. Certification of record. The Department shall not | ||||||
17 | be required
to certify any a record to the court, file any | ||||||
18 | answer in court, or otherwise
appear in any court in a judicial | ||||||
19 | review proceeding, unless and until the Department has received | ||||||
20 | from the plaintiff payment of the costs of furnishing and | ||||||
21 | certifying the record, which costs shall be determined by the | ||||||
22 | Department. Exhibits shall be certified without cost there is | ||||||
23 | filed in
the court with the complaint a receipt from the | ||||||
24 | Department acknowledging
payment of the costs of furnishing and | ||||||
25 | certifying the record . Failure on the
part of the plaintiff to |
| |||||||
| |||||||
1 | file a receipt in court shall be grounds for
dismissal of the | ||||||
2 | action.
| ||||||
3 | (Source: P.A. 90-61, eff. 7-3-97 .)
| ||||||
4 | (225 ILCS 2/160)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
6 | Sec. 160. Findings of facts, conclusions of law, and
| ||||||
7 | recommendations. At the conclusion of the hearing, the Board
| ||||||
8 | shall present to the Secretary a written report of its findings | ||||||
9 | of
fact, conclusions of law, and recommendations. The report | ||||||
10 | shall
contain a finding whether or not the accused person | ||||||
11 | violated this
Act or failed to comply with the conditions | ||||||
12 | required in this Act.
The Board shall specify the nature of the | ||||||
13 | violation or failure
to comply and shall make its | ||||||
14 | recommendations to the Secretary.
| ||||||
15 | The report of findings of fact, conclusions of law, and
| ||||||
16 | recommendations of the Board may be the basis of the
order of
| ||||||
17 | the Department. If the Secretary
disagrees in any regard with | ||||||
18 | the
report of the Board, the Secretary may issue an order in
| ||||||
19 | contravention of the report. The Secretary shall provide notice | ||||||
20 | to the Board
on any deviation and the reasons
for the | ||||||
21 | deviation. The finding is not admissible
in evidence against | ||||||
22 | the person in a criminal prosecution brought
for the violation | ||||||
23 | of this Act, but the hearing and findings are not
a bar to a | ||||||
24 | criminal prosecution brought for the violation of this
Act.
| ||||||
25 | (Source: P.A. 95-450, eff. 8-27-07.)
|
| |||||||
| |||||||
1 | (225 ILCS 2/170)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 170. Service of report; rehearing; order. In any case
| ||||||
4 | involving the refusal to issue or renew a license or the | ||||||
5 | discipline of a license, a copy of the Board's
hearing | ||||||
6 | officer's report shall be served upon the respondent by the | ||||||
7 | Department,
either personally or as provided in this Act for | ||||||
8 | the service of the
notice of hearing. Within 20 days after the | ||||||
9 | service, the
respondent may present to the Department a motion | ||||||
10 | in writing for a
rehearing that shall specify the particular | ||||||
11 | grounds for rehearing.
If no motion for rehearing is filed, | ||||||
12 | then upon the expiration of
the time specified for filing such | ||||||
13 | a motion, or if a motion for
rehearing is denied, then upon the | ||||||
14 | denial the Secretary may enter an
order in accordance with | ||||||
15 | recommendations of the Board, except as provided in Section 175 | ||||||
16 | of this Act. If the respondent orders from
the reporting | ||||||
17 | service office and pays for a transcript of the record within
| ||||||
18 | the time for filing a motion for rehearing, the 20-day 20 day | ||||||
19 | period
within which the motion may be filed shall commence upon | ||||||
20 | the
delivery of the transcript to the respondent.
| ||||||
21 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
22 | (225 ILCS 2/175)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 175. Substantial justice to be done; rehearing.
|
| |||||||
| |||||||
1 | Whenever the Secretary is satisfied that substantial justice | ||||||
2 | has not
been done in the revocation, suspension, or refusal to | ||||||
3 | issue, restore, or renew discipline of a license,
or other | ||||||
4 | discipline of an applicant or licensee, the Secretary may order | ||||||
5 | a rehearing by the same or other examiners
another hearing | ||||||
6 | officer .
| ||||||
7 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
8 | (225 ILCS 2/190)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 190. Surrender of license registration . Upon the | ||||||
11 | revocation
or suspension of any license registration , the | ||||||
12 | licensee registrant shall immediately surrender
the license | ||||||
13 | registration certificate to the Department. If the licensee | ||||||
14 | registrant fails to do
so, the
Department shall have the right | ||||||
15 | to seize the license registration certificate.
| ||||||
16 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
17 | (225 ILCS 2/200)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
19 | Sec. 200. Review under Administrative Review Law. All
final | ||||||
20 | administrative decisions of the Department are subject to
| ||||||
21 | judicial review under the Administrative Review Law and all | ||||||
22 | rules adopted under the Administrative Review Law .
The term
| ||||||
23 | "administrative decision" is defined as in Section 3-101 of the
| ||||||
24 | Code of Civil Procedure.
|
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| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Proceedings for judicial review shall be commenced in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | circuit court of the county in which the party applying for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | review resides; however, if the party is not a resident of this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | State, the venue shall be Sangamon County. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (Source: P.A. 89-706, eff. 1-31-97 .)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (225 ILCS 2/90 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Section 15. The Acupuncture Practice Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | repealing Section 90.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | becoming law.
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