Public Act 093-0999
Public Act 0999 93RD GENERAL ASSEMBLY
|
|
Public Act 093-0999
|
| SB2254 Enrolled |
LRB093 15882 RCE 41499 b |
|
| AN ACT concerning professional regulation.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Acupuncture Practice Act is amended by | changing Sections 10, 15, 40, and 110 as follows:
| (225 ILCS 2/10)
| (Section scheduled to be repealed on January 1, 2008)
| Sec. 10. Definitions. As used in this Act:
| "Acupuncture" means the evaluation or treatment of persons | affected
through a method of stimulation of a certain point or | points on or immediately
below the surface of
the body by the | insertion of pre-sterilized, single-use, disposable needles,
| unless medically contraindicated, with or without the | application of heat,
electronic stimulation, or manual | pressure
to prevent or modify the perception of
pain, to | normalize physiological functions, or for the
treatment of | certain diseases or dysfunctions of the body.
Acupuncture does | not include radiology, electrosurgery, chiropractic technique,
| physical therapy, naprapathic technique, use or prescribing of | any drugs,
medications, herbal preparations, nutritional | supplements, serums, or vaccines,
or determination of a | differential
diagnosis.
An acupuncturist
registered under this | Act who is not also licensed as a physical therapist
under
the | Illinois Physical Therapy Act shall not hold himself or herself | out as
being qualified to provide physical therapy or | physiotherapy services.
An
acupuncturist shall refer to a | licensed physician or dentist, any
patient whose condition | should, at the time of evaluation or treatment,
be determined | to be beyond the scope of practice of the acupuncturist.
| "Acupuncturist" means a person who practices acupuncture
| and who is licensed by the Department.
| "Board" means the Board of Acupuncture.
|
| "Dentist" means a person licensed under the Illinois Dental | Practice Act.
| "Department" means the Department of Professional
| Regulation.
| "Director" means the Director of Professional
Regulation.
| "Physician" means a person licensed under the Medical | Practice Act of 1987.
| "Referral by written order" for purposes of this Act means | a
diagnosis, substantiated by signature of a physician or | dentist, identifying
that a
patient's condition and | recommending treatment
is such that it may be treated by | acupuncture as defined in
this Act. The diagnosis shall remain | in effect until changed by the physician
or dentist who may, | through express direction in the referral,
shall maintain | management of the patient.
| "State" includes:
| (1) the states of the United States of America;
| (2) the District of Columbia; and
| (3) the Commonwealth of Puerto Rico.
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| (225 ILCS 2/15)
| (Section scheduled to be repealed on January 1, 2008)
| Sec. 15. Who may practice acupuncture. No person licensed | under this
Act
may
treat human ailments otherwise than by the | practice of acupuncture as defined
in this Act; and
no person | licensed under this Act may practice acupuncture
on another
| person without having on file a written referral order from a
| physician or dentist licensed in Illinois. A physician or | dentist licensed in
Illinois may practice acupuncture. A | physician or a dentist may refer by written order a patient to | an acupuncturist for the practice of acupuncture as defined in | this Act and may, through express direction in the referral, | maintain management of the patient. Nothing in this Act shall | be construed to require a referral of a patient to an | acupuncturist for evaluation and treatment based on |
| acupuncture principles and techniques as taught by schools | accredited by the Accreditation Commission for Acupuncture and | Oriental Medicine or a similar accrediting body approved by the | Department. An acupuncturist shall refer to a licensed | physician or dentist, any patient whose condition should, at | the time of evaluation or treatment, be determined to be beyond | the scope of practice of the acupuncturist.
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| (225 ILCS 2/40)
| (Section scheduled to be repealed on January 1, 2008)
| Sec. 40. Application for licensure. Applications for
| original
licensure as an acupuncturist shall be made to the
| Department in writing on
forms
prescribed by the Department and | shall be accompanied by the required fee,
which shall
not be | refundable.
| Until December 31, 2001, applicants shall submit with the | application
proof of
passing the National Certification | Commission for Acupuncture and Oriental Medicine
National
| Commission for the Certification of Acupuncturists examination | or a
substantially equivalent examination approved by the | Department or meeting any
other qualifications established by | the Department.
| On and after January 1, 2002, the Department shall issue a | license to an
applicant who submits with the application proof | of each of the following:
| (1)(A) graduation from a
school accredited by the | Accreditation Commission for Acupuncture and Oriental | Medicine
National Accreditation Commission for Schools and
| Colleges of Acupuncture and Oriental Medicine or a similar | accrediting body
approved by the Department; or
(B) | completion of a comprehensive educational program approved | by the
Department; and
| (2) passing the
National Certification Commission for | Acupuncture and Oriental Medicine
National Commission for | the Certification of Acupuncturists' examination or a
|
| substantially
equivalent examination approved by the | Department.
| An applicant has 3
years from the date of his or her | application to complete the application
process. If the process | has not been completed in 3 years, the application
shall be | denied, the fee shall be forfeited, and the applicant must | reapply and
meet the requirements in effect at the time of | reapplication.
| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97; 90-723, | eff. 1-1-99.)
| (225 ILCS 2/110)
| (Section scheduled to be repealed on January 1, 2008)
| Sec. 110. Grounds for disciplinary action.
| (a) The Department may refuse to issue or to renew, place | on probation,
suspend, revoke or take other disciplinary action | as deemed appropriate
including the imposition of fines not to | exceed $5,000 for each
violation,
as the Department may deem | proper,
with
regard to a license for any one or combination of | the
following
causes:
| (1) Violations of the Act or its rules.
| (2) 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.
| (3) Making any misrepresentation for the purpose of
| obtaining a license.
| (4) Aiding or assisting another person in violating any
| provision of this Act or its rules.
| (5) Failing to provide information within 60 days in
| response to a written request made by the Department which | has
been sent by certified or registered mail to the | licensee's
last known address.
| (6) Discipline by another U.S. jurisdiction or foreign
| nation, if at least one of the grounds for the discipline | is the same or
substantially equivalent to one set forth in |
| this Section.
| (7) Solicitation of professional services by means | other
than permitted under this Act.
| (8) Failure to provide a patient with a copy of his or
| her record upon the written request of the patient.
| (9) Gross negligence in the practice of acupuncture.
| (10) Habitual or excessive use or addiction to alcohol, | narcotics,
stimulants, or any other chemical agent or drug | that results in an
acupuncturist's inability to practice | with reasonable judgment, skill, or
safety.
| (11) A finding that licensure has been
applied for or
| obtained by fraudulent means.
| (12) A pattern of practice or other behavior that | demonstrates
incapacity or incompetence to practice under | this Act.
| (13) Being named as a perpetrator in an indicated | report
by the Department of Children and Family Services | under the
Abused and Neglected Child Reporting Act and upon | proof by
clear and convincing evidence that the licensee | has caused a
child to be an abused child or a neglected | child as defined in
the Abused and Neglected Child | Reporting Act.
| (14) Wilfully failing to report an instance of | suspected
child abuse or neglect as required by the Abused | and Neglected
Child Reporting Act.
| (15) The use of any words, abbreviations, figures or
| letters (such as Acupuncturist, Licensed Acupuncturist,
| Certified Acupuncturist, C.A., Act., Lic. Act., or Lic. | Ac.)
with the intention of indicating practice as a | licensed
acupuncturist without a valid license as an | acupuncturist
issued under this Act.
| (16) Using testimonials or claims of superior quality | of care to entice
the public or advertising fee comparisons | of available services with those of
other persons providing | acupuncture services.
| (17) Advertising of professional services that the |
| offeror of the
services is not licensed to render. | Advertising of professional services that
contains false, | fraudulent, deceptive, or misleading material or | guarantees of
success,
statements that play upon the vanity | or fears of the public, or statements that
promote or | produce unfair competition.
| (18) Having treated ailments of human beings other than | by
the practice of
acupuncture as defined in this Act, or | having treated ailments of human beings
as a licensed | acupuncturist pursuant to
independent of a written
| referral by written order
that provides for management of | the patient by
from a physician or dentist without having | notified , or having failed to notify the
physician or | dentist who established the diagnosis that the patient is
| receiving acupuncture treatment pursuant to that | diagnosis.
| (19) Unethical, unauthorized, or unprofessional | conduct as defined by
rule.
| (20) Physical illness including but not limited to | deterioration through
the aging process, mental illness, | or disability that results in the inability
to practice the | profession with reasonable judgment, skill, and safety.
| (21) Violation of the Health Care Worker Self-Referral | Act.
| The entry of an order by a circuit court establishing that | any person
holding a license under this Act is subject to | involuntary admission or
judicial admission as provided for in | the Mental Health and Developmental
Disabilities Code operates | as an automatic suspension of that license. That
person may | have his or her license restored only upon the determination by | a
circuit court that the patient is no longer subject to | involuntary admission or
judicial admission and the issuance of | an order so finding and discharging the
patient and upon the | Board's recommendation to the Department that the license
be | restored. Where the circumstances so indicate, the Board may | recommend to
the Department that it require an examination |
| prior to restoring a suspended
license.
| The Department may refuse to issue or renew the license
of | any person
who
fails to (i) file a return or to pay the tax,
| penalty or interest shown in a filed return or (ii) pay any | final
assessment of the tax, penalty, or interest as required | by any tax
Act administered by the Illinois Department of | Revenue, until the
time that the requirements of that tax Act | are satisfied.
| In enforcing this Section, the Department or Board 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 or Board 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 | Board or Department.
The individual to be examined may have, at | his or her own expense, another
physician of his or her choice | present during all
aspects of this examination. Failure of an | individual to submit to a mental
or
physical examination, when | directed, shall be grounds for suspension of his or
her
license | until the individual submits to the examination if the | Department
finds,
after notice and hearing, that the refusal to | submit to the examination was
without reasonable cause.
| If the Department or Board finds an individual unable to | practice because of
the
reasons
set forth in this Section, the | Department or Board may require that individual
to submit
to
| care, counseling, or treatment by physicians approved
or | designated by the Department or Board, 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, or
the Board may recommend to the |
| Department to file, a complaint to immediately
suspend, revoke, | or otherwise discipline the license of the individual.
An | individual 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 individual 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 and Board shall have the authority to review the | subject
individual's record of
treatment and counseling | regarding the impairment to the extent permitted by
applicable | federal statutes and regulations safeguarding the | confidentiality of
medical records.
| An individual licensed under this Act and affected under | this Section shall
be
afforded an opportunity to demonstrate to | the Department or Board 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. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/23/2004
|
Translate
