Sen. Iris Y. Martinez

Filed: 11/27/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2936

2    AMENDMENT NO. ______. Amend Senate Bill 2936 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. The Regulatory Sunset Act is amended by
5changing Sections 4.23 and 4.33 as follows:
 
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Section Acts and Sections repealed on January 1,
82013. The following Section of an Act is Acts and Sections of
9Acts are repealed on January 1, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    Section 2.5 of the Illinois Plumbing License Law.
12(Source: P.A. 96-1499, eff. 1-18-11; 97-706, eff. 6-25-12;
1397-778, eff. 7-13-12; 97-804, eff. 1-1-13; 97-979, eff.
148-17-12; 97-1048, eff. 8-22-12; 97-1130, eff. 8-28-12; revised
159-20-12.)
 

 

 

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1    (5 ILCS 80/4.33)
2    Sec. 4.33. Acts Act repealed on January 1, 2023. The
3following Acts are Act is repealed on January 1, 2023:
4    The Dietitian Nutritionist Practice Act.
5    The Elevator Safety and Regulation Act.
6    The Fire Equipment Distributor and Employee Regulation Act
7of 2011.
8    The Funeral Directors and Embalmers Licensing Code.
9    The Naprapathic Practice Act.
10    The Professional Counselor and Clinical Professional
11Counselor Licensing and Practice Act.
12    The Wholesale Drug Distribution Licensing Act.
13(Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12;
1497-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff.
158-22-12; 97-1130, eff. 8-28-12; revised 9-20-12.)
 
16    Section 2. The Department of Public Health Powers and
17Duties Law of the Civil Administrative Code of Illinois is
18amended by changing Section 2310-210 as follows:
 
19    (20 ILCS 2310/2310-210)  (was 20 ILCS 2310/55.62a)
20    Sec. 2310-210. Advisory Panel on Minority Health.
21    (a) In this Section:
22    "Health profession" means any health profession regulated
23under the laws of this State, including, without limitation,
24professions regulated under the Illinois Athletic Trainers

 

 

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1Practice Act, the Clinical Psychologist Licensing Act, the
2Clinical Social Work and Social Work Practice Act, the Illinois
3Dental Practice Act, the Dietitian Nutritionist Dietetic and
4Nutrition Services Practice Act, the Marriage and Family
5Therapy Licensing Act, the Medical Practice Act of 1987, the
6Naprapathic Practice Act, the Nurse Practice Act, the Illinois
7Occupational Therapy Practice Act, the Illinois Optometric
8Practice Act of 1987, the Illinois Physical Therapy Act, the
9Physician Assistant Practice Act of 1987, the Podiatric Medical
10Practice Act of 1987, the Professional Counselor and Clinical
11Professional Counselor Licensing Act, and the Illinois
12Speech-Language Pathology and Audiology Practice Act.
13    "Minority" has the same meaning as in Section 2310-215.
14    (b) The General Assembly finds as follows:
15        (1) The health status of individuals from ethnic and
16    racial minorities in this State is significantly lower than
17    the health status of the general population of the State.
18        (2) Minorities suffer disproportionately high rates of
19    cancer, stroke, heart disease, diabetes, sickle-cell
20    anemia, lupus, substance abuse, acquired immune deficiency
21    syndrome, other diseases and disorders, unintentional
22    injuries, and suicide.
23        (3) The incidence of infant mortality among minorities
24    is almost double that for the general population.
25        (4) Minorities suffer disproportionately from lack of
26    access to health care and poor living conditions.

 

 

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1        (5) Minorities are under-represented in the health
2    care professions.
3        (6) Minority participation in the procurement policies
4    of the health care industry is lacking.
5        (7) Minority health professionals historically have
6    tended to practice in low-income areas and to serve
7    minorities.
8        (8) National experts on minority health report that
9    access to health care among minorities can be substantially
10    improved by increasing the number of minority health
11    professionals.
12        (9) Increasing the number of minorities serving on the
13    facilities of health professional schools is an important
14    factor in attracting minorities to pursue a career in
15    health professions.
16        (10) Retaining minority health professionals currently
17    practicing in this State and those receiving training and
18    education in this State is an important factor in
19    maintaining and increasing the number of minority health
20    professionals in Illinois.
21        (11) An Advisory Panel on Minority Health is necessary
22    to address the health issues affecting minorities in this
23    State.
24    (c) The General Assembly's intent is as follows:
25        (1) That all Illinoisans have access to health care.
26        (2) That the gap between the health status of

 

 

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1    minorities and other Illinoisans be closed.
2        (3) That the health issues that disproportionately
3    affect minorities be addressed to improve the health status
4    of minorities.
5        (4) That the number of minorities in the health
6    professions be increased.
7    (d) The Advisory Panel on Minority Health is created. The
8Advisory Panel shall consist of 25 members appointed by the
9Director of Public Health. The members shall represent health
10professions and the General Assembly.
11    (e) The Advisory Panel shall assist the Department in the
12following manner:
13        (1) Examination of the following areas as they relate
14    to minority health:
15            (A) Access to health care.
16            (B) Demographic factors.
17            (C) Environmental factors.
18            (D) Financing of health care.
19            (E) Health behavior.
20            (F) Health knowledge.
21            (G) Utilization of quality care.
22            (H) Minorities in health care professions.
23        (2) Development of monitoring, tracking, and reporting
24    mechanisms for programs and services with minority health
25    goals and objectives.
26        (3) Communication with local health departments,

 

 

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1    community-based organizations, voluntary health
2    organizations, and other public and private organizations
3    statewide, on an ongoing basis, to learn more about their
4    services to minority communities, the health problems of
5    minority communities, and their ideas for improving
6    minority health.
7        (4) Promotion of communication among all State
8    agencies that provide services to minority populations.
9        (5) Building coalitions between the State and
10    leadership in minority communities.
11        (6) Encouragement of recruitment and retention of
12    minority health professionals.
13        (7) Improvement in methods for collecting and
14    reporting data on minority health.
15        (8) Improvement in accessibility to health and medical
16    care for minority populations in under-served rural and
17    urban areas.
18        (9) Reduction of communication barriers for
19    non-English speaking residents.
20        (10) Coordination of the development and dissemination
21    of culturally appropriate and sensitive education
22    material, public awareness messages, and health promotion
23    programs for minorities.
24    (f) On or before January 1, 1997 the Advisory Panel shall
25submit an interim report to the Governor and the General
26Assembly. The interim report shall include an update on the

 

 

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1Advisory Panel's progress in performing its functions under
2this Section and shall include recommendations, including
3recommendations for any necessary legislative changes.
4    On or before January 1, 1998 the Advisory Panel shall
5submit a final report to the Governor and the General Assembly.
6The final report shall include the following:
7        (1) An evaluation of the health status of minorities in
8    this State.
9        (2) An evaluation of minority access to health care in
10    this State.
11        (3) Recommendations for improving the health status of
12    minorities in this State.
13        (4) Recommendations for increasing minority access to
14    health care in this State.
15        (5) Recommendations for increasing minority
16    participation in the procurement policies of the health
17    care industry.
18        (6) Recommendations for increasing the number of
19    minority health professionals in this State.
20        (7) Recommendations that will ensure that the health
21    status of minorities in this State continues to be
22    addressed beyond the expiration of the Advisory Panel.
23(Source: P.A. 95-639, eff. 10-5-07.)
 
24    Section 3. The Illinois Insurance Code is amended by
25changing Section 356w as follows:
 

 

 

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1    (215 ILCS 5/356w)
2    Sec. 356w. Diabetes self-management training and
3education.
4    (a) A group policy of accident and health insurance that is
5amended, delivered, issued, or renewed after the effective date
6of this amendatory Act of 1998 shall provide coverage for
7outpatient self-management training and education, equipment,
8and supplies, as set forth in this Section, for the treatment
9of type 1 diabetes, type 2 diabetes, and gestational diabetes
10mellitus.
11    (b) As used in this Section:
12    "Diabetes self-management training" means instruction in
13an outpatient setting which enables a diabetic patient to
14understand the diabetic management process and daily
15management of diabetic therapy as a means of avoiding frequent
16hospitalization and complications. Diabetes self-management
17training shall include the content areas listed in the National
18Standards for Diabetes Self-Management Education Programs as
19published by the American Diabetes Association, including
20medical nutrition therapy and education programs, as defined by
21the contract of insurance, that allow the patient to maintain
22an A1c level within the range identified in nationally
23recognized standards of care.
24    "Medical nutrition therapy" shall have the meaning
25ascribed to that term "medical nutrition care" in the Dietitian

 

 

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1Nutritionist Dietetic and Nutrition Services Practice Act.
2    "Physician" means a physician licensed to practice
3medicine in all of its branches providing care to the
4individual.
5    "Qualified provider" for an individual that is enrolled in:
6        (1) a health maintenance organization that uses a
7    primary care physician to control access to specialty care
8    means (A) the individual's primary care physician licensed
9    to practice medicine in all of its branches, (B) a
10    physician licensed to practice medicine in all of its
11    branches to whom the individual has been referred by the
12    primary care physician, or (C) a certified, registered, or
13    licensed network health care professional with expertise
14    in diabetes management to whom the individual has been
15    referred by the primary care physician.
16        (2) an insurance plan means (A) a physician licensed to
17    practice medicine in all of its branches or (B) a
18    certified, registered, or licensed health care
19    professional with expertise in diabetes management to whom
20    the individual has been referred by a physician.
21    (c) Coverage under this Section for diabetes
22self-management training, including medical nutrition
23education, shall be limited to the following:
24        (1) Up to 3 medically necessary visits to a qualified
25    provider upon initial diagnosis of diabetes by the
26    patient's physician or, if diagnosis of diabetes was made

 

 

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1    within one year prior to the effective date of this
2    amendatory Act of 1998 where the insured was a covered
3    individual, up to 3 medically necessary visits to a
4    qualified provider within one year after that effective
5    date.
6        (2) Up to 2 medically necessary visits to a qualified
7    provider upon a determination by a patient's physician that
8    a significant change in the patient's symptoms or medical
9    condition has occurred. A "significant change" in
10    condition means symptomatic hyperglycemia (greater than
11    250 mg/dl on repeated occasions), severe hypoglycemia
12    (requiring the assistance of another person), onset or
13    progression of diabetes, or a significant change in medical
14    condition that would require a significantly different
15    treatment regimen.
16    Payment by the insurer or health maintenance organization
17for the coverage required for diabetes self-management
18training pursuant to the provisions of this Section is only
19required to be made for services provided. No coverage is
20required for additional visits beyond those specified in items
21(1) and (2) of this subsection.
22    Coverage under this subsection (c) for diabetes
23self-management training shall be subject to the same
24deductible, co-payment, and co-insurance provisions that apply
25to coverage under the policy for other services provided by the
26same type of provider.

 

 

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1    (d) Coverage shall be provided for the following equipment
2when medically necessary and prescribed by a physician licensed
3to practice medicine in all of its branches. Coverage for the
4following items shall be subject to deductible, co-payment and
5co-insurance provisions provided for under the policy or a
6durable medical equipment rider to the policy:
7        (1) blood glucose monitors;
8        (2) blood glucose monitors for the legally blind;
9        (3) cartridges for the legally blind; and
10        (4) lancets and lancing devices.
11    This subsection does not apply to a group policy of
12accident and health insurance that does not provide a durable
13medical equipment benefit.
14    (e) Coverage shall be provided for the following
15pharmaceuticals and supplies when medically necessary and
16prescribed by a physician licensed to practice medicine in all
17of its branches. Coverage for the following items shall be
18subject to the same coverage, deductible, co-payment, and
19co-insurance provisions under the policy or a drug rider to the
20policy:
21        (1) insulin;
22        (2) syringes and needles;
23        (3) test strips for glucose monitors;
24        (4) FDA approved oral agents used to control blood
25    sugar; and
26        (5) glucagon emergency kits.

 

 

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1    This subsection does not apply to a group policy of
2accident and health insurance that does not provide a drug
3benefit.
4    (f) Coverage shall be provided for regular foot care exams
5by a physician or by a physician to whom a physician has
6referred the patient. Coverage for regular foot care exams
7shall be subject to the same deductible, co-payment, and
8co-insurance provisions that apply under the policy for other
9services provided by the same type of provider.
10    (g) If authorized by a physician, diabetes self-management
11training may be provided as a part of an office visit, group
12setting, or home visit.
13    (h) This Section shall not apply to agreements, contracts,
14or policies that provide coverage for a specified diagnosis or
15other limited benefit coverage.
16(Source: P.A. 97-281, eff. 1-1-12.)
 
17    Section 5. The Dietetic and Nutrition Services Practice Act
18is amended by changing Sections 1, 10, 15, 15.5, 20, 30, 37,
1945, 65, 70, 80, 85, 95, 97, 100, 105, 110, 115, 120, 125, 130,
20135, 140, 145, 155, 165, 175, and 180 and by adding Section 108
21as follows:
 
22    (225 ILCS 30/1)  (from Ch. 111, par. 8401-1)
23    (Section scheduled to be repealed on January 1, 2013)
24    Sec. 1. Short title. This Act may be cited as the Dietitian

 

 

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1Nutritionist Dietetic and Nutrition Services Practice Act.
2(Source: P.A. 87-784.)
 
3    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)
4    (Section scheduled to be repealed on January 1, 2013)
5    Sec. 10. Definitions. As used in this Act:
6    "Address of record" means the designated address recorded
7by the Department in the applicant's or licensee's application
8file or license file as maintained by the Department's
9licensure maintenance unit. It is the duty of the applicant or
10licensee to inform the Department of any change of address and
11those changes must be made either through the Department's
12website or by contacting the Department.
13    "Board" means the Dietitian Nutritionist Practice Board
14appointed by the Secretary Director.
15    "Certified clinical nutritionist" means an individual
16certified by the Clinical Nutrition Certification Board.
17    "Certified nutrition specialist" means an individual
18certified by the Certification Board of Nutrition Specialists.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Dietetics and nutrition services" means the integration
22and application of principles derived from the sciences of food
23and nutrition to provide for all aspects of nutrition care for
24individuals and groups, including, but not limited to:
25        (1) nutrition counseling; "nutrition counseling" means

 

 

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1    advising and assisting individuals or groups on
2    appropriate nutrition intake by integrating information
3    from the nutrition assessment;
4        (2) nutrition assessment; "nutrition assessment" means
5    the evaluation of the nutrition needs of individuals or
6    groups using appropriate data to determine nutrient needs
7    or status and make appropriate nutrition recommendations;
8        (3) medically prescribed diet; "medically prescribed
9    diet" means a diet prescribed when specific food or
10    nutrient levels need to be monitored, altered, or both as a
11    component of a treatment program for an individual whose
12    health status is impaired or at risk due to disease,
13    injury, or surgery and may only be performed as initiated
14    by or in consultation with a physician licensed to practice
15    medicine in all of its branches;
16        (4) medical nutrition therapy; "medical nutrition
17    therapy" means the component of nutrition care that deals
18    with:
19            (A) interpreting and recommending nutrient needs
20        relative to medically prescribed diets, including, but
21        not limited to, enteral feedings, specialized
22        intravenous solutions, and specialized oral feedings;
23            (B) food and prescription drug interactions; and
24            (C) developing and managing food service
25        operations whose chief function is nutrition care and
26        provision of medically prescribed diets;

 

 

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1        (5) nutrition services for individuals and groups;
2    "nutrition services for individuals and groups" includes,
3    but is not limited to, all of the following:
4            (A) providing nutrition assessments relative to
5        preventive maintenance or restorative care;
6            (B) providing nutrition education and nutrition
7        counseling as components of preventive maintenance or
8        restorative care; and
9            (C) developing and managing systems whose chief
10        function is nutrition care; nutrition services for
11        individuals and groups does not include medical
12        nutrition therapy as defined in this Act; and
13        (6) restorative; "restorative" means the component of
14    nutrition care that deals with oral dietary needs for
15    individuals and groups; activities shall relate to the
16    metabolism of food and the requirements for nutrients,
17    including dietary supplements for growth, development,
18    maintenance, or attainment of optimal health.
19    "Dietetics" means the integration and application of
20principles derived from the sciences of food and nutrition to
21provide for all aspects of nutrition care for individuals and
22groups, including, but not limited to nutrition services and
23medical nutrition therapy as defined in this Act.
24    "Diplomate of the American Clinical Board of Nutrition"
25means an individual certified by the American Clinical Board of
26Nutrition.

 

 

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1    "Director" means the Director of the Department of
2Professional Regulation.
3    "Licensed dietitian nutritionist" means a person licensed
4under this Act to practice dietetics and nutrition services, as
5defined in this Section including medical nutrition therapy.
6Activities of a licensed dietitian nutritionist do not include
7the medical differential diagnosis of the health status of an
8individual.
9    "Medical nutrition therapy" means the component of
10nutrition care that deals with:
11        (a) interpreting and recommending nutrient needs
12    relative to medically prescribed diets, including, but not
13    limited to tube feedings, specialized intravenous
14    solutions, and specialized oral feedings;
15        (b) food and prescription drug interactions; and
16        (c) developing and managing food service operations
17    whose chief function is nutrition care and provision of
18    medically prescribed diets.
19    "Medically prescribed diet" means a diet prescribed when
20specific food or nutrient levels need to be monitored, altered,
21or both as a component of a treatment program for an individual
22whose health status is impaired or at risk due to disease,
23injury, or surgery and may only be performed as initiated by or
24in consultation with a physician licensed to practice medicine
25in all of its branches.
26    "Nutrition assessment" means the evaluation of the

 

 

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1nutrition needs of individuals or groups using appropriate data
2to determine nutrient needs or status and make appropriate
3nutrition recommendations.
4    "Nutrition counseling" means advising and assisting
5individuals or groups on appropriate nutrition intake by
6integrating information from the nutrition assessment.
7    "Nutrition services for individuals and groups" shall
8include, but is not limited to, all of the following;
9        (a) Providing nutrition assessments relative to
10    preventive maintenance or restorative care.
11        (b) Providing nutrition education and nutrition
12    counseling as components of preventive maintenance or
13    restorative care.
14        (c) Developing and managing systems whose chief
15    function is nutrition care. Nutrition services for
16    individuals and groups does not include medical nutrition
17    therapy as defined in this Act.
18    "Practice experience" means a preprofessional, documented,
19supervised practice in dietetics or nutrition services that is
20acceptable to the Department in compliance with requirements
21for licensure, as specified in Section Sections 45 and 50. It
22may be or may include a documented, supervised practice
23experience which is a component of the educational requirements
24for licensure, as specified in Section 45 or 50.
25    "Registered dietitian" means an individual registered with
26the Commission on Dietetic Registration, the accrediting body

 

 

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1of the Academy of Nutrition and Dietetics, formerly known as
2for the American Dietetic Association.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Restorative" means the component of nutrition care that
6deals with oral dietary needs for individuals and groups.
7Activities shall relate to the metabolism of food and the
8requirements for nutrients, including dietary supplements for
9growth, development, maintenance, or attainment of optimal
10health.
11(Source: P.A. 92-642, eff. 10-31-03.)
 
12    (225 ILCS 30/15)  (from Ch. 111, par. 8401-15)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 15. License required.
15    (a) No person may engage for remuneration in the practice
16of dietetics and nutrition services nutrition services
17practice or hold himself or herself out as a licensed dietitian
18nutritionist unless the person is licensed in accordance with
19this Act. or meets one or more of the following criteria:
20    (b) This Section does not prohibit the practice of
21dietetics and nutrition services by the following:
22        (1) A The person is licensed in this State under any
23    other Act that authorizes the person to provide these
24    services. (2) The person that is licensed to practice
25    nutrition under the law of another state, territory of the

 

 

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1    United States, or country and has applied in writing to the
2    Department in form and substance satisfactory to the
3    Department for a license as a dietitian nutritionist until
4    (i) the expiration of 6 months after filing the written
5    application, (ii) the withdrawal of the application, or
6    (iii) the denial of the application by the Department.
7    (b) No person shall practice dietetics, as defined in this
8Act, or hold himself or herself out as a licensed dietitian
9nutritionist unless that person is so licensed under this Act
10or meets one or more of the following criteria:
11        (1) The person is licensed in this State under any
12    other Act that authorizes the person to provide these
13    services.
14        (2) The person is a dietary technical support person,
15    working in a hospital setting or a regulated Department of
16    Public Health or Department on Aging facility or program,
17    who has been trained and is supervised while engaged in the
18    practice of dietetics by a licensed dietitian nutritionist
19    in accordance with this Act and whose services are retained
20    by that facility or program on a full time or regular,
21    ongoing consultant basis.
22        (2) A (3) The person that is licensed to practice
23    dietetics under the law of another state, territory of the
24    United States, or country, or is a certified nutrition
25    specialist, a certified clinical nutritionist, a diplomate
26    of the American Clinical Board of Nutrition, or a

 

 

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1    registered dietitian, who has applied in writing to the
2    Department in form and substance satisfactory to the
3    Department for a license as a dietitian nutritionist until
4    (i) the expiration of 6 months after the filing the written
5    application, (ii) the withdrawal of the application, or
6    (iii) the denial of the application by the Department.
7    (c) No person shall practice dietetics or nutrition
8services, as defined in this Act, or hold himself or herself
9out as a licensed dietitian nutritionist, a dietitian, a
10nutritionist, or a nutrition counselor unless the person is
11licensed in accordance with this Act.
12(Source: P.A. 92-642, eff. 10-31-03.)
 
13    (225 ILCS 30/15.5)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 15.5. Unlicensed practice; violation; civil penalty.
16    (a) Any person who practices, offers to practice, attempts
17to practice, or holds oneself out as being able to provide
18practice dietetics and or nutrition services without being
19licensed under this Act shall, in addition to any other penalty
20provided by law, pay a civil penalty to the Department in an
21amount not to exceed $10,000 $5,000 for each offense as
22determined by the Department. The civil penalty shall be
23assessed by the Department after a hearing is held in
24accordance with the provisions set forth in this Act regarding
25the provision of a hearing for the discipline of a licensee.

 

 

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1    (b) The Department has the authority and power to
2investigate any and all unlicensed activity.
3    (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty. The
5order shall constitute a judgment and may be filed and
6execution had thereon in the same manner as any judgment from
7any court of record.
8(Source: P.A. 92-642, eff. 10-31-03.)
 
9    (225 ILCS 30/20)  (from Ch. 111, par. 8401-20)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 20. Exemptions. This Act does not prohibit or
12restrict:
13    (a) Any person licensed in this State under any other Act
14from engaging in the practice for which he or she is licensed.
15    (b) The practice of dietetics and or nutrition services by
16a person who is employed by the United States or State
17government or any of its bureaus, divisions, or agencies while
18in the discharge of the employee's official duties.
19    (c) The practice of dietetics and nutrition services by a
20person employed as a cooperative extension home economist, to
21the extent the activities are part of his or her employment.
22    (d) The practice of dietetics and nutrition services or
23dietetics by a person pursuing a course of study leading to a
24degree in dietetics, nutrition, or an equivalent major, as
25authorized by the Department, from a regionally accredited

 

 

09700SB2936sam002- 22 -LRB097 16902 MGM 72354 a

1school or program, if the activities and services constitute a
2part of a supervised course of study and if the person is
3designated by a title that clearly indicates the person's
4status as a student or trainee.
5    (e) The practice of dietetics and nutrition services or
6dietetics by a person fulfilling the supervised practice
7experience component of Section Sections 45 or 50, if the
8activities and services constitute a part of the experience
9necessary to meet the requirements of Section 45 or 50.
10    (f) A person, including a licensed acupuncturist, from:
11        (1) providing oral nutrition information as an
12    operator or employee of a health food store or business
13    that sells health products, including dietary supplements,
14    food, or food materials; or , or
15        (2) disseminating written nutrition information in
16    connection with the marketing and distribution of those
17    products, or discussing the use of those products, both
18    individually and as components of nutritional programs,
19    including explanations of their federally regulated label
20    claims, any known drug-nutrient interactions, their role
21    in various diets, or suggestions as how to best use and
22    combine them.
23    (g) The practice of dietetics and nutrition services by an
24educator who is in the employ of a nonprofit organization; , as
25authorized by the Department, a federal, state, county, or
26municipal agency, or other political subdivision; an

 

 

09700SB2936sam002- 23 -LRB097 16902 MGM 72354 a

1elementary or secondary school; or a regionally accredited
2institution of higher education, as long as the activities and
3services of the educator are part of his or her employment.
4    (h) The practice of dietetics and nutrition services by any
5person who provides weight control services, provided the
6nutrition program has been reviewed by, consultation is
7available from, and no program change can be initiated without
8prior approval by an individual licensed under this Act, an
9individual licensed to practice dietetics or nutrition
10services in another state that has licensure requirements
11considered by the Department to be at least as stringent as the
12requirements for licensure under this Act, or a registered
13dietitian.
14    (i) The practice of dietetics and nutrition services or
15dietetics by any person with a masters or doctorate degree with
16a major in nutrition or equivalent from a regionally accredited
17school recognized by the Department for the purpose of
18education and research.
19    (j) A person from providing general nutrition information
20or encouragement of general healthy eating choices that does
21not include the development of a customized nutrition regimen
22for a particular client or individual, or from providing
23encouragement for compliance with a customized nutrition plan
24prepared by a licensed dietitian nutritionist or any other
25licensed professional whose scope of practice includes
26nutrition assessment and counseling. Any person certified in

 

 

09700SB2936sam002- 24 -LRB097 16902 MGM 72354 a

1this State and who is employed by a facility or program
2regulated by the State of Illinois from engaging in the
3practice for which he or she is certified and authorized by the
4Department.
5    (k) The practice of dietetics and nutrition services by a
6graduate of a 2 year associate program or a 4 year
7baccalaureate program from a school or program accredited at
8the time of graduation by the appropriate accrediting agency
9recognized by the Council on Higher Education Accreditation and
10the United States Department of Education with a major in human
11nutrition, food and nutrition or its equivalent, as authorized
12by the Department, who is directly supervised by an individual
13licensed under this Act.
14    (l) Providing nutrition information as an employee of a
15nursing facility operated exclusively by and for those relying
16upon spiritual means through prayer alone for healing in
17accordance with the tenets and practices of a recognized church
18or religious denomination.
19    (m) A dietary technical support person working in a
20hospital setting or a regulated Department of Public Health or
21Department on Aging facility or program who has been trained
22and is supervised while engaged in the practice of dietetics by
23a licensed dietitian nutritionist in accordance with this Act
24and whose services are retained by that facility or program on
25a full-time or regular, ongoing consultant basis.
26    The provisions of this Act shall not be construed to

 

 

09700SB2936sam002- 25 -LRB097 16902 MGM 72354 a

1prohibit or limit any person from the free dissemination of
2information, from conducting a class or seminar, or from giving
3a speech related to nutrition if that person does not hold
4himself or herself out as a licensed dietitian nutritionist
5nutrition counselor or licensed dietitian in a manner
6prohibited by Section 15.
7(Source: P.A. 92-642, eff. 10-31-03.)
 
8    (225 ILCS 30/30)  (from Ch. 111, par. 8401-30)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 30. Dietitian Nutritionist Practice Board. The
11Secretary Director shall appoint a Dietitian Nutritionist
12Practice Board as follows: 7 individuals who shall be appointed
13by and shall serve in an advisory capacity to the Secretary
14Director. Of these 7 individuals, 6 4 members must be licensed
15under this Act, 2 of which must be a registered dietitian and 2
16of which must be either a certified clinical nutritionist, a
17certified nutrition specialist, or a diplomate of the American
18Clinical Board of Nutrition, ; one member must be a physician
19licensed to practice medicine in all of its branches; one
20member must be a licensed professional nurse; and one member
21must be a public member not licensed under this Act.
22    Members shall serve 3-year 3 year terms and until their
23successors are appointed and qualified, except the terms of the
24initial appointments. No member shall be reappointed to the
25Board for a term that would cause his or her continuous service

 

 

09700SB2936sam002- 26 -LRB097 16902 MGM 72354 a

1on the Board to be longer than 8 years. Appointments to fill
2vacancies shall be made in the same manner as original
3appointments, for the unexpired portion of the vacated term.
4Initial terms shall begin upon the effective date of this Act
5and Board members in office on that date shall be appointed to
6specific terms as indicated in this Section.
7    Insofar as possible, the licensed professionals appointed
8to serve on the Board shall be generally representative of the
9geographical distribution of licensed professionals within The
10membership of the Board shall reasonably represent all the
11geographic areas in this State. Any time there is a vacancy on
12the Board, any professional association composed of persons
13licensed under this Act may recommend licensees to fill the
14vacancy to the Board for the appointment of licensees, the
15organization representing the largest number of licensed
16physicians for the appointment of physicians to the Board, and
17the organization representing the largest number of licensed
18professional nurses for the appointment of a nurse to the
19Board.
20    A vacancy in the membership of the Board shall not impair
21the right of a quorum to exercise all the rights and perform
22all the duties of the Board.
23    Members of the Board shall have no liability in any action
24based upon any disciplinary proceeding or other activity
25performed in good faith as members of the Board.
26    The Secretary Director shall have the authority to remove

 

 

09700SB2936sam002- 27 -LRB097 16902 MGM 72354 a

1or suspend any member of the Board for cause at any time before
2the expiration of his or her term. The Secretary shall be the
3sole arbiter of cause from office for neglect of any duty
4required by law or for incompetency or unprofessional or
5dishonorable conduct.
6    The Secretary Director shall consider the recommendation
7of the Board on questions of standards of professional conduct,
8discipline, and qualifications of candidates or licensees
9under this Act.
10(Source: P.A. 92-642, eff. 10-31-03.)
 
11    (225 ILCS 30/45)  (from Ch. 111, par. 8401-45)
12    (Section scheduled to be repealed on January 1, 2013)
13    Sec. 45. Dietitian nutritionist; qualifications. A person
14shall be qualified for licensure as a dietitian nutritionist if
15that person meets all of the following requirements:
16    (a) Has applied in writing in form and substance acceptable
17to the Department and possesses a baccalaureate degree or post
18baccalaureate degree in human nutrition, foods and nutrition,
19dietetics, food systems management, nutrition education,
20nutrition, nutrition science, clinical nutrition, applied
21clinical nutrition, nutrition counseling, nutrition and
22functional medicine, nutrition and integrative health, or an
23equivalent major course of study as recommended by the Board
24and approved by the Department from a school or program
25accredited at the time of graduation from the appropriate

 

 

09700SB2936sam002- 28 -LRB097 16902 MGM 72354 a

1regional accrediting agency recognized by the Council on Higher
2Education Accreditation and the United States Department of
3Education.
4    (b) Has successfully completed an the examination
5authorized by the Department which may be or may include
6examinations an examination given by each of the American
7Clinical Board of Nutrition, the Certification Board of
8Nutrition Specialists, the Clinical Nutrition Certification
9Board, and the Commission on Dietetic Registration, or another
10examination approved by the Department.
11    The Department shall establish by rule a waiver of the
12examination requirement to applicants who, at the time of
13application, are acknowledged to be certified clinical
14nutritionists by the Clinical Nutrition Certification Board,
15certified nutrition specialists by the Certification Board of
16Nutrition Specialists, diplomates of the American Clinical
17Board of Nutrition, or registered dietitians by the Commission
18on Dietetic Registration and who are in compliance with other
19qualifications as included in the Act.
20    (c) Has completed a dietetic internship or documented,
21supervised practice experience in dietetics and nutrition
22services of not less than 900 hours under the supervision of a
23certified clinical nutritionist, certified nutrition
24specialist, diplomate of the American Clinical Board of
25Nutrition, registered dietitian or a licensed dietitian
26nutritionist, a State licensed healthcare practitioner, or an

 

 

09700SB2936sam002- 29 -LRB097 16902 MGM 72354 a

1individual with a doctoral degree conferred by a U.S.
2regionally accredited college or university with a major course
3of study in human nutrition, nutrition education, food and
4nutrition, dietetics, or food systems management, nutrition,
5nutrition science, clinical nutrition, applied clinical
6nutrition, nutrition counseling, nutrition and functional
7medicine, or nutrition and integrative health. Supervised
8practice experience must be completed in the United States or
9its territories. Supervisors who obtained their doctoral
10degree outside the United States and its territories must have
11their degrees validated as equivalent to the doctoral degree
12conferred by a U.S. regionally accredited college or
13university.
14(Source: P.A. 92-642, eff. 10-31-03.)
 
15    (225 ILCS 30/65)  (from Ch. 111, par. 8401-65)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 65. Expiration and renewal dates. The expiration date
18and renewal period for each license issued under this Act shall
19be set by rule.
20    As a condition for renewal of a license that expires on
21October 31, 2003, a licensed nutrition counselor shall be
22required to complete and submit to the Department proof of 30
23hours of continuing education in dietetics or nutrition
24services during the 24 months preceding the expiration date of
25the license in accordance with rules established by the

 

 

09700SB2936sam002- 30 -LRB097 16902 MGM 72354 a

1Department. A minimum of 24 hours of the required 30 hours of
2continuing education shall be in medical nutrition therapy,
3which shall include diet therapy, medical dietetics, clinical
4nutrition, or the equivalent, as provided by continuing
5education sponsors approved by the Department. The Department
6may adopt rules to implement this Section.
7    As a condition for renewal of a license, the licensee shall
8be required to complete 30 hours of continuing education in
9dietetics or nutrition services during the 24 months preceding
10the expiration date of the license in accordance with rules
11established by the Department. The continuing education shall
12be in courses approved by the Commission on Dietetic
13Registration or in courses taken from a sponsor approved by the
14Department. A sponsor shall be required to file an application,
15meet the requirements set forth in the rules of the Department,
16and pay the appropriate fee. The requirements for continuing
17education may be waived, in whole or in part, in cases of
18extreme hardship as defined by rule of the Department. The
19Department shall provide an orderly process for the
20reinstatement of licenses that have not been renewed due to the
21failure to meet the continuing education requirements of this
22Section.
23    Any person who has permitted his or her license to expire
24or who has had his or her license on inactive status may have
25the license restored by submitting an application to the
26Department, meeting continuing education requirements, and

 

 

09700SB2936sam002- 31 -LRB097 16902 MGM 72354 a

1filing proof acceptable with the Department of fitness to have
2the license restored, which may include sworn evidence
3certifying to active practice in another jurisdiction
4satisfactory to the Department and by paying the required
5restoration fee.
6    If the person has not maintained an active practice in
7another jurisdiction satisfactory to the Department, the
8Department shall determine, by an evaluation program
9established by rule, his or her fitness to resume active status
10and may require the person to complete a period of evaluated
11professional experience and may require successful completion
12of a practical examination.
13    Any person, however, whose license expired while (i) in
14Federal Service on active duty with the Armed Forces of the
15United States, or called into service or training with the
16State Militia, or (ii) in training or education under the
17supervision of the United States preliminary to induction into
18the military service may have his or her license restored
19without paying any lapsed renewal fees if within 2 years after
20honorable termination of the service, training, or education he
21or she furnishes the Department with satisfactory evidence to
22the effect that he or she has been so engaged and that the
23service, training or education has been terminated.
24(Source: P.A. 92-642, eff. 7-11-02.)
 
25    (225 ILCS 30/70)  (from Ch. 111, par. 8401-70)

 

 

09700SB2936sam002- 32 -LRB097 16902 MGM 72354 a

1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 70. Inactive status; restoration; military service.
3    (a) Any person who notifies the Department in writing on
4forms prescribed by the Department may elect to place his or
5her license on an inactive status and shall, subject to rules
6of the Department, be excused from payment of renewal fees
7until he or she notifies the Department in writing of the
8desires to resume active status.
9    (b) A licensee who has permitted his or her license to
10expire or who has had his or her license on inactive status may
11have the license restored by making application to the
12Department by filing proof acceptable to the Department of his
13or her fitness to have the license restored and by paying the
14required fees. Proof of fitness may include sworn evidence
15certifying to active lawful practice in another jurisdiction.
16If the licensee has not maintained an active practice in
17another jurisdiction satisfactory to the Department, then the
18Department shall determine, by an evaluation program
19established by rule, his or her fitness for restoration of the
20license and shall establish procedures and requirements for
21restoration.
22    (c) A licensee whose license expired while he or she was
23(1) in federal service on active duty with the Armed Forces of
24the United States or the State Militia called into service or
25training or (2) in training or education under the supervision
26of the United States before induction into the military

 

 

09700SB2936sam002- 33 -LRB097 16902 MGM 72354 a

1service, may have the license restored without paying any
2lapsed renewal fees if within 2 years after honorable
3termination of the service, training, or education he or she
4furnishes the Department with satisfactory evidence to the
5effect that he or she has been so engaged and that his or her
6service, training, or education has been so terminated.
7    (d) Any person requesting restoration from inactive status
8shall be required to pay the current renewal fee, shall meet
9continuing education requirements, and shall be required to
10restore his or her license as provided in Section 65 of this
11Act.
12    (e) A person licensed under this Act whose license is on
13inactive status or in a non-renewed status shall not engage in
14the practice of dietetics or nutrition services in the State of
15Illinois or use the title or advertise that he or she performs
16the services of a licensed dietitian nutritionist.
17    (f) Any person violating this Section shall be considered
18to be practicing without a license and will be subject to the
19disciplinary provisions of this Act.
20(Source: P.A. 92-642, eff. 10-31-03.)
 
21    (225 ILCS 30/80)  (from Ch. 111, par. 8401-80)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 80. Use of title; advertising. Only a person who is
24issued a license as a dietitian nutritionist under this Act may
25use the words "dietitian nutritionist", "dietitian", "licensed

 

 

09700SB2936sam002- 34 -LRB097 16902 MGM 72354 a

1nutritionist", or "nutrition counselor" or the letters
2"L.D.N." in connection with his or her name.
3    A person who meets the additional criteria for registration
4by the Commission on Dietetic Registration for the American
5Dietetic Association may assume or use the title or designation
6"Registered Dietitian" or "Registered Dietician" or use the
7letters "R.D." or any words, letters, abbreviations, or
8insignia indicating that the person is a registered dietitian.
9    Any person who meets the additional criteria for
10certification by the Clinical Nutrition Certification Board of
11the International and American Associations of Clinical
12Nutritionists may assume or use the title or designation
13"Certified Clinical Nutritionist" or use the letters "C.C.N."
14or any words, letters, abbreviations, or insignia indicating
15that the person is a certified clinical nutritionist.
16    Any person who meets the additional criteria for
17certification by the Certification Board of Nutrition
18Specialists may assume or use the title or designation
19"Certified Nutrition Specialist", or use the letters "C.N.S."
20or any words, letters, abbreviations, or insignia indicating
21that the person is a certified nutrition specialist.
22    A licensee shall include in every advertisement for
23services regulated under this Act his or her title as it
24appears on the license or the initials authorized under this
25Act. Advertisements shall not include false, fraudulent,
26deceptive, or misleading material or guarantees of success.

 

 

09700SB2936sam002- 35 -LRB097 16902 MGM 72354 a

1(Source: P.A. 92-642, eff. 10-31-03.)
 
2    (225 ILCS 30/85)  (from Ch. 111, par. 8401-85)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 85. Fees. The Department shall provide by rule for a
5schedule of fees for the administration and enforcement of this
6Act, including, but not limited to, original licensure,
7registration, renewal, and restoration. The fees shall be
8nonrefundable.
9    All fees, fines, and penalties collected under this Act
10shall be deposited into the General Professions Dedicated Fund
11and shall be appropriated to the Department for the ordinary
12and contingent expenses of the Department in the administration
13of this Act.
14(Source: P.A. 91-454, eff. 1-1-00.)
 
15    (225 ILCS 30/95)  (from Ch. 111, par. 8401-95)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 95. Grounds for discipline.
18    (1) The Department may refuse to issue or renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate proper, including imposing fines not to exceed
22$10,000 $1000 for each violation, with regard to any license or
23certificate for any one or combination of the following causes:
24        (a) Material misstatement in furnishing information to

 

 

09700SB2936sam002- 36 -LRB097 16902 MGM 72354 a

1    the Department.
2        (b) Violations of this Act or of its rules adopted
3    under this Act.
4        (c) Conviction by plea of guilty or nolo contendere,
5    finding of guilt, jury verdict, or entry of judgment or by
6    sentencing of any crime, including, but not limited to,
7    convictions, preceding sentences of supervision,
8    conditional discharge, or first offender probation, under
9    the laws of any jurisdiction of the United States (i) that
10    is a felony or (ii) that is a misdemeanor, an essential
11    element of which is dishonesty, or that is directly related
12    to the practice of the profession Conviction of any crime
13    under the laws of the United States or any state or
14    territory thereof that is (i) a felony; (ii) a misdemeanor,
15    an essential element of which is dishonesty; or (iii) a
16    crime that is directly related to the practice of the
17    profession.
18        (d) Fraud or Making any misrepresentation in applying
19    for or procuring a license under this Act or in connection
20    with applying for renewal of a license under this Act for
21    the purpose of obtaining licensure or violating any
22    provision of this Act.
23        (e) Professional incompetence or gross negligence.
24        (f) Malpractice.
25        (g) Aiding or assisting another person in violating any
26    provision of this Act or its rules.

 

 

09700SB2936sam002- 37 -LRB097 16902 MGM 72354 a

1        (h) Failing to provide information within 60 days in
2    response to a written request made by the Department.
3        (i) Engaging in dishonorable, unethical or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public.
6        (j) Habitual or excessive use or abuse of drugs defined
7    in law as controlled substances, alcohol addiction to
8    alcohol, narcotics, stimulants, or any other substance
9    that chemical agent or drug that results in the inability
10    to practice with reasonable judgment, skill, or safety.
11        (k) Discipline by another state, the District of
12    Columbia, territory, or country, or governmental agency if
13    at least one of the grounds for the discipline is the same
14    or substantially equivalent to those set forth in this Act.
15        (l) Charging for professional services not rendered,
16    including filing false statements for the collection of
17    fees for which services are not rendered Directly or
18    indirectly giving to or receiving from any person, firm,
19    corporation, partnership, or association any fee,
20    commission, rebate, or other form of compensation for any
21    professional services not actually or personally rendered.
22    Nothing in this paragraph (1) affects any bona fide
23    independent contractor or employment arrangements among
24    health care professionals, health facilities, health care
25    providers, or other entities, except as otherwise
26    prohibited by law. Any employment arrangements may include

 

 

09700SB2936sam002- 38 -LRB097 16902 MGM 72354 a

1    provisions for compensation, health insurance, pension, or
2    other employment benefits for the provision of services
3    within the scope of the licensee's practice under this Act.
4    Nothing in this paragraph (1) shall be construed to require
5    an employment arrangement to receive professional fees for
6    services rendered.
7        (m) A finding by the Department that the licensee,
8    after having his or her license placed on probationary
9    status, has violated the terms of probation.
10        (n) Willfully making or filing false records or reports
11    in his or her practice, including, but not limited to,
12    false records filed with State agencies or departments
13    Conviction by any court of competent jurisdiction, either
14    within or outside this State, of any violation of any law
15    governing the practice of dietetics or nutrition
16    counseling, if the Department determines, after
17    investigation, that the person has not been sufficiently
18    rehabilitated to warrant the public trust.
19        (o) Allowing one's license under this Act to be used by
20    an unlicensed person in violation of this Act A finding
21    that licensure has been applied for or obtained by
22    fraudulent means.
23        (p) Practicing under a false or, except as provided by
24    law, an assumed name or attempting to practice under a name
25    other than the full name as shown on the license or any
26    other legally authorized name.

 

 

09700SB2936sam002- 39 -LRB097 16902 MGM 72354 a

1        (q) Gross and willful overcharging for professional
2    services including filing statements for collection of
3    fees or monies for which services are not rendered.
4        (r) (Blank). Failure to (i) file a return, (ii) pay the
5    tax, penalty or interest shown in a filed return, or (iii)
6    pay any final assessment of tax, penalty or interest, as
7    required by any tax Act administered by the Illinois
8    Department of Revenue, until the requirements of any such
9    tax Act are satisfied.
10        (s) Willfully failing to report an instance of
11    suspected child abuse or neglect as required by the Abused
12    and Neglected Child Reporting Act.
13        (t) Cheating on or attempting to subvert a licensing
14    examination administered under this Act.
15        (u) Mental illness or disability that results in the
16    inability to practice under this Act with reasonable
17    judgment, skill, or safety.
18        (v) Physical illness, including, but not limited to,
19    deterioration through the aging process or loss of motor
20    skill that results in a licensee's inability to practice
21    under this Act with reasonable judgment, skill, or safety.
22    (2) The Department may refuse to issue or may suspend
23without hearing, as provided for in the Code of Civil
24Procedure, the license of any person who fails to file a
25return, or pay the tax, penalty, or interest shown in a filed
26return, or pay any final assessment of the tax, penalty, or

 

 

09700SB2936sam002- 40 -LRB097 16902 MGM 72354 a

1interest as required by any tax Act administered by the
2Illinois Department of Revenue, until such time as the
3requirements of any such tax Act are satisfied in accordance
4with subsection (g) of Section 2105-15 of the Civil
5Administrative Code of Illinois.
6    (3) The Department shall deny a license or renewal
7authorized by this Act to a person who has defaulted on an
8educational loan or scholarship provided or guaranteed by the
9Illinois Student Assistance Commission or any governmental
10agency of this State in accordance with item (5) of subsection
11(a) of Section 2105-15 of the Civil Administrative Code of
12Illinois.
13    (4) In cases where the Department of Healthcare and Family
14Services has previously determined a licensee or a potential
15licensee is more than 30 days delinquent in the payment of
16child support and has subsequently certified the delinquency to
17the Department, the Department may refuse to issue or renew or
18may revoke or suspend that person's license or may take other
19disciplinary action against that person based solely upon the
20certification of delinquency made by the Department of
21Healthcare and Family Services in accordance with item (5) of
22subsection (a) of Section 1205-15 of the Civil Administrative
23Code of Illinois.
24    (5) The determination by a circuit court that a licensee is
25subject to involuntary admission or judicial admission, as
26provided in the Mental Health and Developmental Disabilities

 

 

09700SB2936sam002- 41 -LRB097 16902 MGM 72354 a

1Code, operates as an automatic suspension. The suspension shall
2end only upon a finding by a court that the patient is no
3longer subject to involuntary admission or judicial admission
4and the issuance of an order so finding and discharging the
5patient.
6    (6) In enforcing this Act, the Department, upon a showing
7of a possible violation, may compel an individual licensed to
8practice under this Act, or who has applied for licensure under
9this Act, to submit to a mental or physical examination, or
10both, as required by and at the expense of the Department. The
11Department may order the examining physician to present
12testimony concerning the mental or physical examination of the
13licensee or applicant. No information shall be excluded by
14reason of any common law or statutory privilege relating to
15communications between the licensee or applicant and the
16examining physician. The examining physicians shall be
17specifically designated by the Department. The individual to be
18examined may have, at his or her own expense, another physician
19of his or her choice present during all aspects of this
20examination. The examination shall be performed by a physician
21licensed to practice medicine in all its branches. Failure of
22an individual to submit to a mental or physical examination,
23when directed, shall result in an automatic suspension without
24hearing.
25    A person holding a license under this Act or who has
26applied for a license under this Act who, because of a physical

 

 

09700SB2936sam002- 42 -LRB097 16902 MGM 72354 a

1or mental illness or disability, including, but not limited to,
2deterioration through the aging process or loss of motor skill,
3is unable to practice the profession with reasonable judgment,
4skill, or safety, may be required by the Department to submit
5to care, counseling, or treatment by physicians approved or
6designated by the Department as a condition, term, or
7restriction for continued, reinstated, or renewed licensure to
8practice. Submission to care, counseling, or treatment as
9required by the Department shall not be considered discipline
10of a license. If the licensee refuses to enter into a care,
11counseling, or treatment agreement or fails to abide by the
12terms of the agreement, then the Department may file a
13complaint to revoke, suspend, or otherwise discipline the
14license of the individual. The Secretary may order the license
15suspended immediately, pending a hearing by the Department.
16Fines shall not be assessed in disciplinary actions involving
17physical or mental illness or impairment.
18    In instances in which the Secretary immediately suspends a
19person's license under this Section, a hearing on that person's
20license must be convened by the Department within 15 days after
21the suspension and completed without appreciable delay. The
22Department shall have the authority to review the subject
23individual's record of treatment and counseling regarding the
24impairment to the extent permitted by applicable federal
25statutes and regulations safeguarding the confidentiality of
26medical records.

 

 

09700SB2936sam002- 43 -LRB097 16902 MGM 72354 a

1    An individual licensed under this Act and affected under
2this Section shall be afforded an opportunity to demonstrate to
3the Department that he or she can resume practice in compliance
4with acceptable and prevailing standards under the provisions
5of his or her license.
6    (2) In enforcing this Section, the Board, upon a showing of
7a possible violation, may compel a licensee or applicant to
8submit to a mental or physical examination, or both, as
9required by and at the expense of the Department. The examining
10physician shall be specifically designated by the Board. The
11Board or the Department may order the examining physician to
12present testimony concerning the mental or physical
13examination of a licensee or applicant. No information may be
14excluded by reason of any common law or statutory privilege
15relating to communications between a licensee or applicant and
16the examining physician. An individual to be examined may have,
17at his or her own expense, another physician of his or her
18choice present during all aspects of the examination. Failure
19of an individual to submit to a mental or physical examination,
20when directed, is grounds for suspension of his or her license.
21The license must remain suspended until the time that the
22individual submits to the examination or the Board finds, after
23notice and a hearing, that the refusal to submit to the
24examination was with reasonable cause. If the Board finds that
25an individual is unable to practice because of the reasons set
26forth in this Section, the Board must require the individual to

 

 

09700SB2936sam002- 44 -LRB097 16902 MGM 72354 a

1submit to care, counseling, or treatment by a physician
2approved by the Board, as a condition, term, or restriction for
3continued, reinstated, or renewed licensure to practice. In
4lieu of care, counseling, or treatment, the Board may recommend
5that the Department file a complaint to immediately suspend or
6revoke the license of the individual or otherwise discipline
7him or her. Any individual whose license was granted,
8continued, reinstated, or renewed subject to conditions,
9terms, or restrictions, as provided for in this Section, or any
10individual who was disciplined or placed on supervision
11pursuant to this Section must be referred to the Director for a
12determination as to whether the individual shall have his or
13her license suspended immediately, pending a hearing by the
14Board.
15    The Department shall deny any license or renewal under this
16Act to any person who has defaulted on an educational loan
17guaranteed by the Illinois Student Assistance Commission;
18however, the Department may issue a license or renewal if the
19person in default has established a satisfactory repayment
20record as determined by the Illinois Student Assistance
21Commission.
22    The determination by a circuit court that a registrant is
23subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code operates as an automatic suspension. This suspension will
26end only upon a finding by a court that the patient is no

 

 

09700SB2936sam002- 45 -LRB097 16902 MGM 72354 a

1longer subject to involuntary admission or judicial admission,
2the issuance of an order so finding and discharging the
3patient, and the recommendation of the Board to the Director
4that the registrant be allowed to resume practice.
5(Source: P.A. 96-1482, eff. 11-29-10.)
 
6    (225 ILCS 30/97)  (from Ch. 111, par. 8401-97)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 97. Payments; penalty for insufficient funds. Any
9person who delivers a check or other payment to the Department
10that is returned to the Department unpaid by the financial
11institution upon which it is drawn shall pay to the Department,
12in addition to the amount already owed to the Department, a
13fine of $50. The fines imposed by this Section are in addition
14to any other discipline provided under this Act for unlicensed
15practice or practice on a nonrenewed license. The Department
16shall notify the person that payment of fees and fines shall be
17paid to the Department by certified check or money order within
1830 calendar days of the notification. If, after the expiration
19of 30 days from the date of the notification, the person has
20failed to submit the necessary remittance, the Department shall
21automatically terminate the license or certificate or deny the
22application, without hearing. If, after termination or denial,
23the person seeks a license or certificate, he or she shall
24apply to the Department for restoration or issuance of the
25license or certificate and pay all fees and fines due to the

 

 

09700SB2936sam002- 46 -LRB097 16902 MGM 72354 a

1Department. The Department may establish a fee for the
2processing of an application for restoration of a license or
3certificate to pay all expenses of processing this application.
4The Secretary Director may waive the fines due under this
5Section in individual cases where the Secretary Director finds
6that the fines would be unreasonable or unnecessarily
7burdensome.
8(Source: P.A. 92-146, eff. 1-1-02.)
 
9    (225 ILCS 30/100)  (from Ch. 111, par. 8401-100)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 100. Injunctions; cease and desist orders.
12    (a) If any person violates a provision of this Act, the
13Secretary Director may, in the name of the People of the State
14of Illinois through the Attorney General of the State of
15Illinois or the State's Attorney of the county in which the
16violation is alleged to have occurred, petition for an order
17enjoining the violation or for an order enforcing compliance
18with this Act. Upon the filing of a verified petition, the
19court may issue a temporary restraining order, without notice
20or bond, and may preliminarily and permanently enjoin the
21violation. If it is established that the person has violated or
22is violating the injunction, the Court may punish the offender
23for contempt of court. Proceedings under this Section shall be
24in addition to, and not in lieu of, all other remedies and
25penalties provided by this Act.

 

 

09700SB2936sam002- 47 -LRB097 16902 MGM 72354 a

1    (b) If any person practices as a dietitian nutritionist
2dietitian or nutrition counselor or holds himself or herself
3out as such without having a valid license under this Act, then
4any licensee, any interested party, or any person injured
5thereby may, in addition to the Secretary Director, petition
6for relief as provided in subsection (a) of this Section.
7    (c) Whenever in the opinion of the Department any person
8violates any provision of this Act, the Department may issue a
9rule to show cause why an order to cease and desist should be
10entered against him or her. The rule shall clearly set forth
11the grounds relied upon the Department and shall provide a
12period of 7 days from the date of the rule to file an answer to
13the satisfaction of the Department. Failure to answer to the
14satisfaction of the Department shall cause in order to cease
15and desist to be issued immediately.
16(Source: P.A. 87-784.)
 
17    (225 ILCS 30/105)  (from Ch. 111, par. 8401-105)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 105. Investigation; notice and hearing. The
20Department may investigate the actions or qualifications of any
21applicant or of any person or persons holding or claiming to
22hold a license or certificate of registration. The Department
23shall, before refusing to issue or renew a license or to
24discipline a licensee under Section 95 before suspending,
25revoking, placing on probationary status, or taking any other

 

 

09700SB2936sam002- 48 -LRB097 16902 MGM 72354 a

1disciplinary action as the Department may deem proper with
2regard to any license or certificate of registration, at least
330 days before the date set for the hearing, (i) notify the
4accused in writing of any charges made and the time and place
5for a hearing of the charges before the Board, (ii) direct him
6or her to file his or her written answer to the charges with
7the Board under oath within 20 days after the service on him or
8her of the such notice, and (iii) inform the applicant or
9licensee him or her that failure if he or she fails to file an
10answer shall result in , default being will be taken against the
11applicant or licensee. At the time and place fixed in the
12notice, the Department shall proceed to hear the charges and
13the parties or their counsel shall be accorded ample
14opportunity to present any pertinent statements, testimony,
15evidence, and arguments. The Department may continue the
16hearing from time to time. In case the person, after receiving
17the notice, fails to file an answer, his or her license, may,
18in the discretion of the Department, be revoked, suspended, or
19placed on probationary status or the Department may take
20whatever disciplinary action considered proper, including
21limiting the scope, nature, or extent of the person's practice
22or the imposition of a fine, without a hearing, if the act or
23acts charged constitute sufficient grounds for that action
24under the Act. The written notice and any notice in the
25subsequent proceeding may be served by registered or certified
26mail to the licensee's address of record. him or her and his or

 

 

09700SB2936sam002- 49 -LRB097 16902 MGM 72354 a

1her license or certificate of registration may be suspended,
2revoked, placed on probationary status, or other disciplinary
3action may be taken with regard to the license or certificate,
4including limiting the scope, nature or extent of his or her
5practice, as the Department may deem proper. In case the
6person, after receiving notice, fails to file an answer, his or
7her license or certificate may, in the discretion of the
8Department, be suspended, revoked, or placed on probationary
9status, or the Department may take whatever disciplinary action
10deemed proper, including limiting the scope, nature, or extent
11of the person's practice or the imposition of a fine, without a
12hearing, if the act or acts charged constitute sufficient
13grounds for such action under this Act.
14    This written notice and any notice in the subsequent
15proceedings may be served by personal delivery to the accused
16person, or by registered or certified mail to the address last
17specified by the accused in his or her last notification to the
18Department. The written answer shall be served by personal
19delivery, certified delivery, or certified or registered mail
20to the Department. At the time and place fixed in the notice,
21the Department shall proceed to hear the charges and the
22parties or their counsel shall be accorded ample opportunity to
23present such statements, testimony, evidence, and argument as
24may be pertinent to the charges or to the defense thereto. The
25Department may continue such hearing from time to time. At the
26discretion of the Director after having first received the

 

 

09700SB2936sam002- 50 -LRB097 16902 MGM 72354 a

1recommendation of the Board, the accused person's certificate
2of registration may be suspended or revoked, if the evidence
3constitutes sufficient grounds for such action under this Act.
4(Source: P.A. 87-784; 87-1000; 87-1031; 88-45.)
 
5    (225 ILCS 30/108 new)
6    Sec. 108. Confidentiality. All information collected by
7the Department in the course of an examination or investigation
8of a licensee or applicant, including, but not limited to, any
9complaint against a licensee filed with the Department and
10information collected to investigate any such complaint, shall
11be maintained for the confidential use of the Department and
12shall not be disclosed. The Department may not disclose the
13information to anyone other than law enforcement officials,
14other regulatory agencies that have an appropriate regulatory
15interest as determined by the Secretary, or a party presenting
16a lawful subpoena to the Department. Information and documents
17disclosed to a federal, State, county, or local law enforcement
18agency shall not be disclosed by the agency for any purpose to
19any other agency or person. A formal complaint filed against a
20licensee by the Department or any order issued by the
21Department against a licensee or applicant shall be a public
22record, except as otherwise prohibited by law.
 
23    (225 ILCS 30/110)  (from Ch. 111, par. 8401-110)
24    (Section scheduled to be repealed on January 1, 2013)

 

 

09700SB2936sam002- 51 -LRB097 16902 MGM 72354 a

1    Sec. 110. Record of hearing. The Department, at its
2expense, shall preserve a record of all proceedings at the
3formal hearing of any case. The notice of hearing, complaint,
4and other documents in the nature of pleadings and written
5motions filed in the proceedings, the transcript of testimony,
6the report of the Board, and orders of the Department shall be
7in the record of the proceedings. The Department shall furnish
8a transcript of the record to any person interested in the
9hearing upon payment of the fee required under Section 2105-115
10of the Department of Professional Regulation Law (20 ILCS
112105/2105-115).
12(Source: P.A. 91-239, eff. 1-1-00.)
 
13    (225 ILCS 30/115)  (from Ch. 111, par. 8401-115)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 115. Subpoenas; oaths; attendance of witnesses.
16    (a) The Department may shall have the power to subpoena and
17to bring before it any person and to take the oral or written
18testimony or compel the production of any books, papers,
19records, or any other documents that the Secretary or his or
20her designee deems relevant or material to any investigation or
21hearing conducted by the Department either orally or by
22deposition, or both, with the same fees and mileage and in the
23same manner as prescribed in civil cases in the courts of this
24State.
25    (b) The Secretary Director, the designated hearing

 

 

09700SB2936sam002- 52 -LRB097 16902 MGM 72354 a

1officer, any and every member of the Board, or a certified
2shorthand court reporter may shall have power to administer
3oaths to witnesses at any hearing that the Department conducts
4is authorized to conduct and any other oaths authorized in any
5Act administered by the Department. Notwithstanding any other
6statute or Department rule to the contrary, all requests for
7testimony, production of documents, or records shall be in
8accordance with this Act.
9    (c) Any circuit court may, upon application of the
10Department or designee or of the applicant, licensee, or person
11holding a license against whom proceedings under this Act are
12pending, may enter an order requiring the attendance and
13testimony of witnesses and their testimony, and the production
14of relevant documents, papers, files, books and records in
15connection with any hearing or investigations. The court may
16compel obedience to its order by proceedings for contempt.
17(Source: P.A. 87-784; 87-1000.)
 
18    (225 ILCS 30/120)  (from Ch. 111, par. 8401-120)
19    (Section scheduled to be repealed on January 1, 2013)
20    Sec. 120. Board report. At the conclusion of the hearing,
21the Board shall present to the Secretary Director a written
22report of its findings of fact, conclusions of law, and
23recommendations. The report shall contain a finding whether or
24not the accused person violated this Act or failed to comply
25with the conditions required in this Act. The Board shall

 

 

09700SB2936sam002- 53 -LRB097 16902 MGM 72354 a

1specify the nature of the violation or failure to comply and
2shall make its recommendations to the Secretary Director.
3    The report of findings of fact, conclusions of law and
4recommendation of the Board shall be the basis for the
5Department's order for refusing to issue, restore, or renew a
6license or otherwise disciplining a licensee refusal or for the
7granting of a license. If the Secretary Director disagrees in
8any regard with the report of the Board, the Secretary Director
9may issue an order in contravention of the report. The Director
10shall provide a written report to the Board on any deviation
11and shall specify with particularity the reasons for that
12action in the final order. The finding is not admissible in
13evidence against the person in a criminal prosecution brought
14for the violation of this Act, but the hearing and finding is
15not a bar to a criminal prosecution brought for the violation
16of this Act.
17(Source: P.A. 87-784.)
 
18    (225 ILCS 30/125)  (from Ch. 111, par. 8401-125)
19    (Section scheduled to be repealed on January 1, 2013)
20    Sec. 125. Motion for rehearing. In any hearing involving
21the refusal to issue or renew or the discipline of a licensee,
22a copy of the Board's report shall be served upon the
23respondent by the Department, either personally or as provided
24in this Act for the service of the notice of hearing. Within 20
25calendar days after the service, the respondent may present to

 

 

09700SB2936sam002- 54 -LRB097 16902 MGM 72354 a

1the Department a motion in writing for a rehearing which shall
2specify the particular grounds for rehearing. If no motion for
3rehearing is filed, then upon the expiration of the time
4specified for filing a motion, or if motion for rehearing is
5denied, then upon denial, the Secretary Director may enter an
6order in accordance with recommendations of the Board, except
7as provided for in Section 120. If the respondent orders a
8transcript of the record from the reporting service and pays
9for it within the time for filing a motion for rehearing, the
1020 calendar day period within which a motion for rehearing may
11be filed shall commence upon the delivery of the transcript to
12the respondent.
13(Source: P.A. 87-784; 87-1000.)
 
14    (225 ILCS 30/130)  (from Ch. 111, par. 8401-130)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 130. Order for rehearing Rehearing. Whenever the
17Secretary Director is not satisfied that substantial justice
18has been done in the revocation, suspension, or refusal to
19issue or renew a license the Secretary Director may order a
20rehearing by the same or other hearing officers examiners.
21(Source: P.A. 87-784.)
 
22    (225 ILCS 30/135)  (from Ch. 111, par. 8401-135)
23    (Section scheduled to be repealed on January 1, 2013)
24    Sec. 135. Hearing officer. The Secretary Director shall

 

 

09700SB2936sam002- 55 -LRB097 16902 MGM 72354 a

1have the authority to appoint any attorney duly licensed to
2practice law in the State of Illinois to serve as the hearing
3officer in any action for refusal to issue or renew a license
4or to discipline a licensee or person holding a license. The
5hearing officer shall have full authority to conduct the
6hearing. The hearing officer shall report his or her findings
7and recommendations to the Board and the Secretary Director.
8The Board shall have 60 calendar days from receipt of the
9report to review the report of the hearing officer and present
10its findings of fact, conclusions of law, and recommendations
11to the Secretary Director. If the Board fails to present its
12report within the 60 calendar day period, the Secretary
13Director may issue an order based on the report of the hearing
14officer. If the Secretary Director disagrees with the
15recommendation of the Board or of the hearing officer, the
16Secretary Director may issue an order in contravention of the
17recommendation.
18(Source: P.A. 87-784; 87-1000.)
 
19    (225 ILCS 30/140)  (from Ch. 111, par. 8401-140)
20    (Section scheduled to be repealed on January 1, 2013)
21    Sec. 140. Order; certified copy. An order or a certified
22copy of an order, over the seal of the Department and
23purporting to be signed by the Secretary Director, shall be
24prima facie proof:
25        (a) that the signature is the genuine signature of the

 

 

09700SB2936sam002- 56 -LRB097 16902 MGM 72354 a

1    Secretary Director; and
2        (b) that the Secretary Director is duly appointed and
3    qualified. ; and
4        (c) that the Board and the Board members are qualified.
5(Source: P.A. 87-784.)
 
6    (225 ILCS 30/145)  (from Ch. 111, par. 8401-145)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 145. Restoration of license from discipline. At any
9time after the successful completion of a term of indefinite
10probation, suspension, or revocation of a license, the
11Department may restore the license to the licensee, unless,
12after an investigation and a hearing, the Secretary determines
13that restoration is not in the public interest or that the
14licensee has not been sufficiently rehabilitated to warrant the
15public trust. No person or entity whose license, certificate,
16or authority has been revoked as authorized in this Act may
17apply for restoration of that license, certification, or
18authority until such time as provided for in the Civil
19Administrative Code of Illinois. suspension or revocation of
20any license, the Department may restore the license to the
21accused person upon the written recommendation of the Board,
22unless after an investigation and a hearing the Board
23determines that restoration is not in the public interest.
24(Source: P.A. 87-784.)
 

 

 

09700SB2936sam002- 57 -LRB097 16902 MGM 72354 a

1    (225 ILCS 30/155)  (from Ch. 111, par. 8401-155)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 155. Summary suspension. The Secretary Director may
4summarily suspend the license of a licensee dietitian or
5nutrition counselor without a hearing, simultaneously with the
6institution of proceedings for a hearing provided for in
7Section 105 of this Act, if the Secretary Director finds that
8the evidence in his or her possession indicates that a
9licensee's continuation in practice would constitute an
10imminent danger to the public. In the event that the Secretary
11Director summarily suspends the license of a dietitian or
12nutrition counselor without a hearing, a hearing shall by the
13Board must be commenced held within 30 calendar days after the
14suspension has occurred and shall be concluded as expeditiously
15as possible.
16(Source: P.A. 87-784; 87-1000.)
 
17    (225 ILCS 30/165)  (from Ch. 111, par. 8401-165)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 165. Certification of record; receipt. The Department
20shall not be required to certify any record to the Court or
21file any answer in court or otherwise appear in any court in a
22judicial review proceeding, unless and until the Department has
23received from the plaintiff there is filed in the court, with
24the complaint, a receipt from the Department acknowledging
25payment of the costs of furnishing and certifying the record,

 

 

09700SB2936sam002- 58 -LRB097 16902 MGM 72354 a

1which costs shall be determined by the Department. Exhibits
2shall be certified without cost. Failure on the part of the
3plaintiff to file a receipt in Court is shall be grounds for
4dismissal of the action.
5(Source: P.A. 87-784.)
 
6    (225 ILCS 30/175)  (from Ch. 111, par. 8401-175)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 175. Illinois Administrative Procedure Act. The
9Illinois Administrative Procedure Act is expressly adopted and
10incorporated as if all of the provisions of that Act were
11included in this Act, except that the provision of paragraph
12(d) of Section 10-65 of the Illinois Administrative Procedure
13Act, which provides that at hearings the licensee or person
14holding a license has the right to show compliance with all
15lawful requirements for retention or continuation of the
16license, is specifically excluded. For the purpose of this Act,
17the notice required under Section 10-25 of the Illinois
18Administrative Procedure Act is deemed sufficient when mailed
19to the last known address of record of a party.
20(Source: P.A. 87-784; 88-670, eff. 12-2-94.)
 
21    (225 ILCS 30/180)  (from Ch. 111, par. 8401-180)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 180. Home rule. The regulation and licensing of
24dietitian nutritionists dietitians and nutrition counselors

 

 

09700SB2936sam002- 59 -LRB097 16902 MGM 72354 a

1are exclusive functions of the State. A home rule unit may not
2regulate or license dietitian nutritionists dietitians or
3nutrition counselors. This Section is a limitation and denial
4of home rule powers under paragraph (h) of Section 6 of Article
5VII of the Illinois Constitution.
6(Source: P.A. 87-784.)
 
7    (225 ILCS 30/56 rep.)
8    (225 ILCS 30/87 rep.)
9    Section 6. The Dietetic and Nutrition Services Practice Act
10is amended by repealing Sections 56 and 87.
 
11    Section 8. The Elder Abuse and Neglect Act is amended by
12changing Section 2 as follows:
 
13    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
14    Sec. 2. Definitions. As used in this Act, unless the
15context requires otherwise:
16    (a) "Abuse" means causing any physical, mental or sexual
17injury to an eligible adult, including exploitation of such
18adult's financial resources.
19    Nothing in this Act shall be construed to mean that an
20eligible adult is a victim of abuse, neglect, or self-neglect
21for the sole reason that he or she is being furnished with or
22relies upon treatment by spiritual means through prayer alone,
23in accordance with the tenets and practices of a recognized

 

 

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1church or religious denomination.
2    Nothing in this Act shall be construed to mean that an
3eligible adult is a victim of abuse because of health care
4services provided or not provided by licensed health care
5professionals.
6    (a-5) "Abuser" means a person who abuses, neglects, or
7financially exploits an eligible adult.
8    (a-7) "Caregiver" means a person who either as a result of
9a family relationship, voluntarily, or in exchange for
10compensation has assumed responsibility for all or a portion of
11the care of an eligible adult who needs assistance with
12activities of daily living.
13    (b) "Department" means the Department on Aging of the State
14of Illinois.
15    (c) "Director" means the Director of the Department.
16    (d) "Domestic living situation" means a residence where the
17eligible adult at the time of the report lives alone or with
18his or her family or a caregiver, or others, or a board and
19care home or other community-based unlicensed facility, but is
20not:
21        (1) A licensed facility as defined in Section 1-113 of
22    the Nursing Home Care Act;
23        (1.5) A facility licensed under the ID/DD Community
24    Care Act;
25        (1.7) A facility licensed under the Specialized Mental
26    Health Rehabilitation Act;

 

 

09700SB2936sam002- 61 -LRB097 16902 MGM 72354 a

1        (2) A "life care facility" as defined in the Life Care
2    Facilities Act;
3        (3) A home, institution, or other place operated by the
4    federal government or agency thereof or by the State of
5    Illinois;
6        (4) A hospital, sanitarium, or other institution, the
7    principal activity or business of which is the diagnosis,
8    care, and treatment of human illness through the
9    maintenance and operation of organized facilities
10    therefor, which is required to be licensed under the
11    Hospital Licensing Act;
12        (5) A "community living facility" as defined in the
13    Community Living Facilities Licensing Act;
14        (6) (Blank);
15        (7) A "community-integrated living arrangement" as
16    defined in the Community-Integrated Living Arrangements
17    Licensure and Certification Act;
18        (8) An assisted living or shared housing establishment
19    as defined in the Assisted Living and Shared Housing Act;
20    or
21        (9) A supportive living facility as described in
22    Section 5-5.01a of the Illinois Public Aid Code.
23    (e) "Eligible adult" means a person 60 years of age or
24older who resides in a domestic living situation and is, or is
25alleged to be, abused, neglected, or financially exploited by
26another individual or who neglects himself or herself.

 

 

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1    (f) "Emergency" means a situation in which an eligible
2adult is living in conditions presenting a risk of death or
3physical, mental or sexual injury and the provider agency has
4reason to believe the eligible adult is unable to consent to
5services which would alleviate that risk.
6    (f-5) "Mandated reporter" means any of the following
7persons while engaged in carrying out their professional
8duties:
9        (1) a professional or professional's delegate while
10    engaged in: (i) social services, (ii) law enforcement,
11    (iii) education, (iv) the care of an eligible adult or
12    eligible adults, or (v) any of the occupations required to
13    be licensed under the Clinical Psychologist Licensing Act,
14    the Clinical Social Work and Social Work Practice Act, the
15    Illinois Dental Practice Act, the Dietitian Nutritionist
16    the Dietetic and Nutrition Services Practice Act, the
17    Marriage and Family Therapy Licensing Act, the Medical
18    Practice Act of 1987, the Naprapathic Practice Act, the
19    Nurse Practice Act, the Nursing Home Administrators
20    Licensing and Disciplinary Act, the Illinois Occupational
21    Therapy Practice Act, the Illinois Optometric Practice Act
22    of 1987, the Pharmacy Practice Act, the Illinois Physical
23    Therapy Act, the Physician Assistant Practice Act of 1987,
24    the Podiatric Medical Practice Act of 1987, the Respiratory
25    Care Practice Act, the Professional Counselor and Clinical
26    Professional Counselor Licensing and Practice Act, the

 

 

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1    Illinois Speech-Language Pathology and Audiology Practice
2    Act, the Veterinary Medicine and Surgery Practice Act of
3    2004, and the Illinois Public Accounting Act;
4        (2) an employee of a vocational rehabilitation
5    facility prescribed or supervised by the Department of
6    Human Services;
7        (3) an administrator, employee, or person providing
8    services in or through an unlicensed community based
9    facility;
10        (4) any religious practitioner who provides treatment
11    by prayer or spiritual means alone in accordance with the
12    tenets and practices of a recognized church or religious
13    denomination, except as to information received in any
14    confession or sacred communication enjoined by the
15    discipline of the religious denomination to be held
16    confidential;
17        (5) field personnel of the Department of Healthcare and
18    Family Services, Department of Public Health, and
19    Department of Human Services, and any county or municipal
20    health department;
21        (6) personnel of the Department of Human Services, the
22    Guardianship and Advocacy Commission, the State Fire
23    Marshal, local fire departments, the Department on Aging
24    and its subsidiary Area Agencies on Aging and provider
25    agencies, and the Office of State Long Term Care Ombudsman;
26        (7) any employee of the State of Illinois not otherwise

 

 

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1    specified herein who is involved in providing services to
2    eligible adults, including professionals providing medical
3    or rehabilitation services and all other persons having
4    direct contact with eligible adults;
5        (8) a person who performs the duties of a coroner or
6    medical examiner; or
7        (9) a person who performs the duties of a paramedic or
8    an emergency medical technician.
9    (g) "Neglect" means another individual's failure to
10provide an eligible adult with or willful withholding from an
11eligible adult the necessities of life including, but not
12limited to, food, clothing, shelter or health care. This
13subsection does not create any new affirmative duty to provide
14support to eligible adults. Nothing in this Act shall be
15construed to mean that an eligible adult is a victim of neglect
16because of health care services provided or not provided by
17licensed health care professionals.
18    (h) "Provider agency" means any public or nonprofit agency
19in a planning and service area appointed by the regional
20administrative agency with prior approval by the Department on
21Aging to receive and assess reports of alleged or suspected
22abuse, neglect, or financial exploitation.
23    (i) "Regional administrative agency" means any public or
24nonprofit agency in a planning and service area so designated
25by the Department, provided that the designated Area Agency on
26Aging shall be designated the regional administrative agency if

 

 

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1it so requests. The Department shall assume the functions of
2the regional administrative agency for any planning and service
3area where another agency is not so designated.
4    (i-5) "Self-neglect" means a condition that is the result
5of an eligible adult's inability, due to physical or mental
6impairments, or both, or a diminished capacity, to perform
7essential self-care tasks that substantially threaten his or
8her own health, including: providing essential food, clothing,
9shelter, and health care; and obtaining goods and services
10necessary to maintain physical health, mental health,
11emotional well-being, and general safety. The term includes
12compulsive hoarding, which is characterized by the acquisition
13and retention of large quantities of items and materials that
14produce an extensively cluttered living space, which
15significantly impairs the performance of essential self-care
16tasks or otherwise substantially threatens life or safety.
17    (j) "Substantiated case" means a reported case of alleged
18or suspected abuse, neglect, financial exploitation, or
19self-neglect in which a provider agency, after assessment,
20determines that there is reason to believe abuse, neglect, or
21financial exploitation has occurred.
22(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
23eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
24eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12;
2597-813, eff. 7-13-12.)
 

 

 

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1    Section 10. The Unified Code of Corrections is amended by
2changing Section 5-5-5 as follows:
 
3    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
4    Sec. 5-5-5. Loss and Restoration of Rights.
5    (a) Conviction and disposition shall not entail the loss by
6the defendant of any civil rights, except under this Section
7and Sections 29-6 and 29-10 of The Election Code, as now or
8hereafter amended.
9    (b) A person convicted of a felony shall be ineligible to
10hold an office created by the Constitution of this State until
11the completion of his sentence.
12    (c) A person sentenced to imprisonment shall lose his right
13to vote until released from imprisonment.
14    (d) On completion of sentence of imprisonment or upon
15discharge from probation, conditional discharge or periodic
16imprisonment, or at any time thereafter, all license rights and
17privileges granted under the authority of this State which have
18been revoked or suspended because of conviction of an offense
19shall be restored unless the authority having jurisdiction of
20such license rights finds after investigation and hearing that
21restoration is not in the public interest. This paragraph (d)
22shall not apply to the suspension or revocation of a license to
23operate a motor vehicle under the Illinois Vehicle Code.
24    (e) Upon a person's discharge from incarceration or parole,
25or upon a person's discharge from probation or at any time

 

 

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1thereafter, the committing court may enter an order certifying
2that the sentence has been satisfactorily completed when the
3court believes it would assist in the rehabilitation of the
4person and be consistent with the public welfare. Such order
5may be entered upon the motion of the defendant or the State or
6upon the court's own motion.
7    (f) Upon entry of the order, the court shall issue to the
8person in whose favor the order has been entered a certificate
9stating that his behavior after conviction has warranted the
10issuance of the order.
11    (g) This Section shall not affect the right of a defendant
12to collaterally attack his conviction or to rely on it in bar
13of subsequent proceedings for the same offense.
14    (h) No application for any license specified in subsection
15(i) of this Section granted under the authority of this State
16shall be denied by reason of an eligible offender who has
17obtained a certificate of relief from disabilities, as defined
18in Article 5.5 of this Chapter, having been previously
19convicted of one or more criminal offenses, or by reason of a
20finding of lack of "good moral character" when the finding is
21based upon the fact that the applicant has previously been
22convicted of one or more criminal offenses, unless:
23        (1) there is a direct relationship between one or more
24    of the previous criminal offenses and the specific license
25    sought; or
26        (2) the issuance of the license would involve an

 

 

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1    unreasonable risk to property or to the safety or welfare
2    of specific individuals or the general public.
3    In making such a determination, the licensing agency shall
4consider the following factors:
5        (1) the public policy of this State, as expressed in
6    Article 5.5 of this Chapter, to encourage the licensure and
7    employment of persons previously convicted of one or more
8    criminal offenses;
9        (2) the specific duties and responsibilities
10    necessarily related to the license being sought;
11        (3) the bearing, if any, the criminal offenses or
12    offenses for which the person was previously convicted will
13    have on his or her fitness or ability to perform one or
14    more such duties and responsibilities;
15        (4) the time which has elapsed since the occurrence of
16    the criminal offense or offenses;
17        (5) the age of the person at the time of occurrence of
18    the criminal offense or offenses;
19        (6) the seriousness of the offense or offenses;
20        (7) any information produced by the person or produced
21    on his or her behalf in regard to his or her rehabilitation
22    and good conduct, including a certificate of relief from
23    disabilities issued to the applicant, which certificate
24    shall create a presumption of rehabilitation in regard to
25    the offense or offenses specified in the certificate; and
26        (8) the legitimate interest of the licensing agency in

 

 

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1    protecting property, and the safety and welfare of specific
2    individuals or the general public.
3    (i) A certificate of relief from disabilities shall be
4issued only for a license or certification issued under the
5following Acts:
6        (1) the Animal Welfare Act; except that a certificate
7    of relief from disabilities may not be granted to provide
8    for the issuance or restoration of a license under the
9    Animal Welfare Act for any person convicted of violating
10    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
11    Care for Animals Act or Section 26-5 or 48-1 of the
12    Criminal Code of 1961;
13        (2) the Illinois Athletic Trainers Practice Act;
14        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
15    and Nail Technology Act of 1985;
16        (4) the Boiler and Pressure Vessel Repairer Regulation
17    Act;
18        (5) the Boxing and Full-contact Martial Arts Act;
19        (6) the Illinois Certified Shorthand Reporters Act of
20    1984;
21        (7) the Illinois Farm Labor Contractor Certification
22    Act;
23        (8) the Interior Design Title Act;
24        (9) the Illinois Professional Land Surveyor Act of
25    1989;
26        (10) the Illinois Landscape Architecture Act of 1989;

 

 

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1        (11) the Marriage and Family Therapy Licensing Act;
2        (12) the Private Employment Agency Act;
3        (13) the Professional Counselor and Clinical
4    Professional Counselor Licensing and Practice Act;
5        (14) the Real Estate License Act of 2000;
6        (15) the Illinois Roofing Industry Licensing Act;
7        (16) the Professional Engineering Practice Act of
8    1989;
9        (17) the Water Well and Pump Installation Contractor's
10    License Act;
11        (18) the Electrologist Licensing Act;
12        (19) the Auction License Act;
13        (20) the Illinois Architecture Practice Act of 1989;
14        (21) the Dietitian Nutritionist Dietetic and Nutrition
15    Services Practice Act;
16        (22) the Environmental Health Practitioner Licensing
17    Act;
18        (23) the Funeral Directors and Embalmers Licensing
19    Code;
20        (24) the Land Sales Registration Act of 1999;
21        (25) the Professional Geologist Licensing Act;
22        (26) the Illinois Public Accounting Act; and
23        (27) the Structural Engineering Practice Act of 1989.
24(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11;
2597-706, eff. 6-25-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".