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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB4004enr HB4004 Enrolled LRB9213209ACmg 1 AN ACT concerning the regulation of professions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Section 4.13 and adding Section 4.23 as follows: 6 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 7 Sec. 4.13. Acts repealed on December 31, 2002. The 8 following Acts are repealed on December 31, 2002: 9 The Environmental Health Practitioner Licensing Act. 10The Naprapathic Practice Act.11 The Wholesale Drug Distribution Licensing Act. 12 The Dietetic and Nutrition Services Practice Act. 13 The Funeral Directors and Embalmers Licensing Code. 14 The Professional Counselor and Clinical Professional 15 Counselor Licensing Act. 16 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 17 (5 ILCS 80/4.23 new) 18 Sec. 4.23. Act repealed on January 1, 2013. The 19 following Act is repealed on January 1, 2013: 20 The Naprapathic Practice Act. 21 Section 10. The Naprapathic Practice Act is amended by 22 changing Sections 50, 85, and 110 as follows: 23 (225 ILCS 63/50) 24 (Section scheduled to be repealed on December 31, 2002) 25 Sec. 50. Naprapathic Examining Committee. The Director 26 shall appoint a Naprapathic Examining Committee to consist of 27 7 persons who shall be appointed by and shall serve in an 28 advisory capacity to the Director. Five members must hold an HB4004 Enrolled -2- LRB9213209ACmg 1 active license to engage in the practice of naprapathy in 2 this State, one member shall be a physician licensed to 3 practice medicine in all of its branches in Illinois, and one 4 member must be a member of the public who is not licensed 5 under this Act or a similar Act of another jurisdiction or 6 has no connection with the profession.The initial appointees7who would otherwise be required to be licensed naprapaths8shall instead be individuals who have been practicing9naprapathy for at least 5 years and who would be eligible10under this Act for licensure as naprapaths.Neither the 11 public member nor the physician member shall participate in 12 the preparation or administration of the examination of 13 applicants for licensure. 14 Members shall serve 4 year terms and until their 15 successors are appointed and qualified, except that of the16initial appointments, 2 members shall be appointed to serve17for 2 years, 2 shall be appointed to serve for 3 years and18the remaining members shall be appointed to serve for 4 years19and until their successors are appointed and qualified. No 20 member shall be reappointed to the Committee for a term that 21 would cause his or her continuous service on the Committee to 22 be longer than 8 consecutive years. Appointments to fill 23 vacancies shall be made in the same manner as original 24 appointments, for the unexpired portion of the vacated term. 25 Initial terms shall begin upon the effective date of this 26 Act. Committee members in office on that date shall be 27 appointed to specific terms as indicated in this Section. 28 The Committee shall annually elect a chairman and a 29 vice-chairman who shall preside in the absence of the 30 chairman. 31 The membership of the Committee should reasonably reflect 32 representation from the geographic areas in this State. 33 The Director may terminate the appointment of any member 34 for cause. HB4004 Enrolled -3- LRB9213209ACmg 1 The Director may give due consideration to all 2 recommendations of the Committee. 3 Without limiting the power of the Department to conduct 4 investigations in any manner, the Committee may recommend to 5 the Director that one or more licensed naprapaths be selected 6 by the Director to conduct or assist in any investigation 7 under this Act. A licensed naprapath so selected may receive 8 remuneration as determined by the Director. 9 (Source: P.A. 89-61, eff. 6-30-95.) 10 (225 ILCS 63/85) 11 (Section scheduled to be repealed on December 31, 2002) 12 Sec. 85. Fees.The fees imposed under this Act are as13follows and are not refundable:14 (a) The Department shall provide by rule for a schedule 15 of fees for the administration and enforcement of this Act, 16 including but not limited to original licensure, renewal, and 17 restoration. The fees shall be nonrefundable. 18 All fees collected under this Act shall be deposited into 19 the General Professions Dedicated Fund and shall be 20 appropriated to the Department for the ordinary and 21 contingent expenses of the Department in the administration 22 of this Act.The fee for application for a license is $250.23 (b)In addition to the application fee,An applicant for 24 the examination shall be required to pay, either to the 25 Department or to the designated testing service, a fee 26 covering the cost of initial screening to determine 27determiningan applicant's eligibility and providing the 28 examination. Failure to appear for the examination on the 29 scheduled date, at the time and place specified, after the 30 applicant's applicationand feefor examination hashavebeen 31 received and acknowledged by the Department or the designated 32 testing service, shall result in the forfeiture of the 33 examination fee. HB4004 Enrolled -4- LRB9213209ACmg 1(c) The fee for the renewal of a license is $125 per2year.3(d) The fee for the restoration of a license that has4been expired for less than 5 years is $100, plus payment of5all lapsed renewal fees.6(e) The fee for the restoration of a license that has7been expired for more than 5 years is $500.8(f) The fee for the issuance of a duplicate license,9the issuance of a replacement for a license that has been10lost or destroyed, or the issuance of a license with a change11of name or address, other than during the renewal period, is12$75. No fee is required for name and address changes on13Department records when no duplicate license is issued.14(g) The fee for the certification of a license for any15purpose is $50.16(h) The fee for the rescoring of an examination is the17cost to the Department of rescoring the examination, plus any18fees charged by the applicable testing service to have the19examination rescored.20(i) The fee for a wall certificate shall be the actual21cost of producing the certificate.22(j) The fee for a roster of persons licensed as23naprapaths is the actual cost of producing the roster.24(k) The fee for application for a license by a25naprapath registered or licensed under the laws of another26jurisdiction is $500.27(l) The fee for application as a continuing education28sponsor is $500. State agencies, State colleges, and State29universities in Illinois are exempt from paying this fee.30(m) The fee for renewal as a continuing education31sponsor is $125 per year.32All of the fees and fines collected under this Act shall33be deposited into the General Professions Dedicated Fund.34All moneys in the Fund shall be used by the Department ofHB4004 Enrolled -5- LRB9213209ACmg 1Professional Regulation, as appropriated, for the ordinary2and contingent expenses of the Department.3 (Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95; 4 89-626, eff. 8-9-96.) 5 (225 ILCS 63/110) 6 (Section scheduled to be repealed on December 31, 2002) 7 Sec. 110. Grounds for disciplinary action; refusal, 8 revocation, suspension. 9 (a) The Department may refuse to issue or to renew, or 10 may revoke, suspend, place on probation, reprimand or take 11 other disciplinary action as the Department may deem proper, 12 including fines not to exceed $5,000 for each violation, with 13 regard to any licensee or license for any one or combination 14 of the following causes: 15 (1) Violations of this Act or its rules. 16 (2) Material misstatement in furnishing information 17 to the Department. 18 (3) Conviction of any crime under the laws of any 19 U.S. jurisdiction that is (i) a felony, (ii) a 20 misdemeanor, an essential element of which is dishonesty, 21 or (iii) directly related to the practice of the 22 profession. 23 (4) Making any misrepresentation for the purpose of 24 obtaining a license. 25 (5) Professional incompetence or gross negligence. 26 (6) Gross malpractice. 27 (7) Aiding or assisting another person in violating 28 any provision of this Act or its rules. 29 (8) Failing to provide information within 60 days 30 in response to a written request made by the Department. 31 (9) Engaging in dishonorable, unethical, or 32 unprofessional conduct of a character likely to deceive, 33 defraud, or harm the public. HB4004 Enrolled -6- LRB9213209ACmg 1 (10) Habitual or excessive use or addiction to 2 alcohol, narcotics, stimulants, or any other chemical 3 agent or drug that results in the inability to practice 4 with reasonable judgment, skill, or safety. 5 (11) Discipline by another U.S. jurisdiction or 6 foreign nation if at least one of the grounds for the 7 discipline is the same or substantially equivalent to 8 those set forth in this Act. 9 (12) Directly or indirectly giving to or receiving 10 from any person, firm, corporation, partnership, or 11 association any fee, commission, rebate, or other form of 12 compensation for any professional services not actually 13 or personally rendered. This shall not be deemed to 14 include rent or other remunerations paid to an 15 individual, partnership, or corporation by a naprapath 16 for the lease, rental, or use of space, owned or 17 controlled by the individual, partnership, corporation or 18 association. 19 (13) Using the title "Doctor" or its abbreviation 20 without further clarifying that title or abbreviation 21 with the word "naprapath" or "naprapathy" or the 22 designation "D.N.". 23 (14) A finding by the Department that the licensee, 24 after having his or her license placed on probationary 25 status, has violated the terms of probation. 26 (15) Abandonment of a patient without cause. 27 (16) Willfully making or filing false records or 28 reports relating to a licensee's practice, including but 29 not limited to, false records filed with State agencies 30 or departments. 31 (17) Willfully failing to report an instance of 32 suspected child abuse or neglect as required by the 33 Abused and Neglected Child Reporting Act. 34 (18) Physical illness, including but not limited HB4004 Enrolled -7- LRB9213209ACmg 1 to, deterioration through the aging process or loss of 2 motor skill that results in the inability to practice the 3 profession with reasonable judgment, skill, or safety. 4 (19) Solicitation of professional services by means 5 other than permitted advertising. 6 (20) Failure to provide a patient with a copy of 7 his or her record upon the written request of the 8 patient. 9 (21) Conviction by any court of competent 10 jurisdiction, either within or without this State, of any 11 violation of any law governing the practice of 12 naprapathy, conviction in this or another state of any 13 crime which is a felony under the laws of this State or 14 conviction of a felony in a federal court, if the 15 Department determines, after investigation, that the 16 person has not been sufficiently rehabilitated to warrant 17 the public trust. 18 (22) A finding that licensure has been applied for 19 or obtained by fraudulent means. 20 (23) Continued practice by a person knowingly 21 having an infectious or contagious disease. 22 (24) Being named as a perpetrator in an indicated 23 report by the Department of Children and Family Services 24 under the Abused and Neglected Child Reporting Act and 25 upon proof by clear and convincing evidence that the 26 licensee has caused a child to be an abused child or a 27 neglected child as defined in the Abused and Neglected 28 Child Reporting Act. 29 (25) Practicing or attempting to practice under a 30 name other than the full name shown on the license. 31 (26) Immoral conduct in the commission of any act, 32 such as sexual abuse, sexual misconduct, or sexual 33 exploitation, related to the licensee's practice. 34 (27) Maintaining a professional relationship with HB4004 Enrolled -8- LRB9213209ACmg 1 any person, firm, or corporation when the naprapath 2 knows, or should know, that the person, firm, or 3 corporation is violating this Act. 4 (28) Promotion of the sale of food supplements, 5 devices, appliances, or goods provided for a client or 6 patient in such manner as to exploit the patient or 7 client for financial gain of the licensee. 8 (29) Having treated ailments of human beings other 9 than by the practice of naprapathy as defined in this 10 Act, or having treated ailments of human beings as a 11 licensed naprapath independent of a documented referral 12 or documented current and relevant diagnosis from a 13 physician, dentist, or podiatrist, or having failed to 14 notify the physician, dentist, or podiatrist who 15 established a documented current and relevant diagnosis 16 that the patient is receiving naprapathic treatment 17 pursuant to that diagnosis. 18 (30) Use by a registered naprapath of the word 19 "infirmary", "hospital", "school", "university", in 20 English or any other language, in connection with the 21 place where naprapathy may be practiced or demonstrated. 22 (31) Continuance of a naprapath in the employ of 23 any person, firm, or corporation, or as an assistant to 24 any naprapath or naprapaths, directly or indirectly, 25 after his or her employer or superior has been found 26 guilty of violating or has been enjoined from violating 27 the laws of the State of Illinois relating to the 28 practice of naprapathy when the employer or superior 29 persists in that violation. 30 (32) The performance of naprapathic service in 31 conjunction with a scheme or plan with another person, 32 firm, or corporation known to be advertising in a manner 33 contrary to this Act or otherwise violating the laws of 34 the State of Illinois concerning the practice of HB4004 Enrolled -9- LRB9213209ACmg 1 naprapathy. 2 (33) Failure to provide satisfactory proof of 3 having participated in approved continuing education 4 programs as determined by the Committee and approved by 5 the Director. Exceptions for extreme hardships are to be 6 defined by the rules of the Department. 7 (34) Willfully making or filing false records or 8 reports in the practice of naprapathy, including, but not 9 limited to, false records to support claims against the 10 medical assistance program of the Department of Public 11 Aid under the Illinois Public Aid Code. 12 (35) Gross or willful overcharging for professional 13 services including filing false statements for collection 14 of fees for which services are not rendered, including, 15 but not limited to, filing false statements for 16 collection of monies for services not rendered from the 17 medical assistance program of the Department of Public 18 Aid under the Illinois Public Aid Code. 19 (36) Mental illness, including, but not limited to, 20 deterioration through the aging process or loss of motor 21 skill that results in the inability to practice the 22 profession with reasonable judgment, skill, or safety. 23 The Department may refuse to issue or may suspend the 24 license of any person who fails to (i) file a return or to 25 pay the tax, penalty or interest shown in a filed return or 26 (ii) pay any final assessment of the tax, penalty, or 27 interest as required by any tax Act administered by the 28 Illinois Department of Revenue, until the time that the 29 requirements of that tax Act are satisfied. 30 (b) The determination by a circuit court that a licensee 31 is subject to involuntary admission or judicial admission as 32 provided in the Mental Health and Developmental Disabilities 33 Code operates as an automatic suspension. The suspension 34 will end only upon a finding by a court that the patient is HB4004 Enrolled -10- LRB9213209ACmg 1 no longer subject to involuntary admission or judicial 2 admission, the issuance of an order so finding and 3 discharging the patient, and the recommendation of the 4 Committee to the Director that the licensee be allowed to 5 resume his or her practice. 6 (c) In enforcing this Section, the Department, upon a 7 showing of a possible violation, may compel any person 8 licensed to practice under this Act or who has applied for 9 licensure or certification pursuant to this Act to submit to 10 a mental or physical examination, or both, as required by and 11 at the expense of the Department. The examining physicians 12 shall be those specifically designated by the Department. The 13 Department may order the examining physician to present 14 testimony concerning this mental or physical examination of 15 the licensee or applicant. No information shall be excluded 16 by reason of any common law or statutory privilege relating 17 to communications between the licensee or applicant and the 18 examining physician. The person to be examined may have, at 19 his or her own expense, another physician of his or her 20 choice present during all aspects of the examination. Failure 21 of any person to submit to a mental or physical examination, 22 when directed, shall be grounds for suspension of a license 23 until the person submits to the examination if the Department 24 finds, after notice and hearing, that the refusal to submit 25 to the examination was without reasonable cause. 26 If the Department finds an individual unable to practice 27 because of the reasons set forth in this Section, the 28 Department may require that individual to submit to care, 29 counseling, or treatment by physicians approved or designated 30 by the Department, as a condition, term, or restriction for 31 continued, reinstated, or renewed licensure to practice or, 32 in lieu of care, counseling, or treatment, the Department may 33 file a complaint to immediately suspend, revoke, or otherwise 34 discipline the license of the individual. HB4004 Enrolled -11- LRB9213209ACmg 1 Any person whose license was granted, continued, 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 Director for a determination as to whether 6 the person shall have his or her license suspended 7 immediately, pending a hearing by the Department. 8 In instances in which the Director immediately suspends a 9 person's license under this Section, a hearing on that 10 person's license must be convened by the Department within 15 11 days after the suspension and completed without appreciable 12 delay. The Department shall have the authority to review the 13 subject person's record of treatment and counseling regarding 14 the impairment, to the extent permitted by applicable federal 15 statutes and regulations safeguarding the confidentiality of 16 medical records. 17 A person licensed under this Act and affected under this 18 Section shall be afforded an opportunity to demonstrate to 19 the Department 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. 89-61, eff. 6-30-95.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.