Sen. Iris Y. Martinez

Filed: 4/9/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1229

2    AMENDMENT NO. ______. Amend Senate Bill 1229, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Dietitian Nutritionist Practice Act is
6amended by changing Sections 10 and 95 and by adding Section 17
7as follows:
 
8    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 10. Definitions. As used in this Act:
11    "Address of record" means the designated address recorded
12by the Department in the applicant's or licensee's application
13file or license file as maintained by the Department's
14licensure maintenance unit. It is the duty of the applicant or
15licensee to inform the Department of any change of address and
16those changes must be made either through the Department's

 

 

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1website or by contacting the Department.
2    "Board" means the Dietitian Nutritionist Practice Board
3appointed by the Secretary.
4    "Certified clinical nutritionist" means an individual
5certified by the Clinical Nutrition Certification Board.
6    "Certified nutrition specialist" means an individual
7certified by the Certification Board for of Nutrition
8Specialists.
9    "Department" means the Department of Financial and
10Professional Regulation.
11    "Dietetics and nutrition services" means the integration
12and application of principles derived from the sciences of food
13and nutrition to provide for all aspects of nutrition care for
14individuals and groups, including, but not limited to:
15        (1) nutrition counseling; "nutrition counseling" means
16    advising and assisting individuals or groups on
17    appropriate nutrition intake by integrating information
18    from the nutrition assessment;
19        (2) nutrition assessment; "nutrition assessment" means
20    the evaluation of the nutrition needs of individuals or
21    groups using appropriate data to determine nutrient needs
22    or status and make appropriate nutrition recommendations;
23        (3) medically prescribed diet; "medically prescribed
24    diet" is one form of medical nutrition therapy and means a
25    diet prescribed when specific food or nutrient levels need
26    to be monitored, altered, or both as a component of a

 

 

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1    treatment program for an individual whose health status is
2    impaired or at risk due to disease, injury, or surgery and
3    may only be performed as initiated by or in consultation
4    with a physician licensed under the Medical Practice Act of
5    1987 acting within the scope of his or her practice, except
6    that a medically prescribed diet for a resident of a
7    nursing home shall only be performed as initiated by or in
8    consultation with a physician licensed to practice
9    medicine in all of its branches;
10        (4) medical nutrition therapy; "medical nutrition
11    therapy" means the component of nutrition care that deals
12    with the systematic use of food and oral supplementation,
13    based on the nutrition assessment and individual health
14    status and need to manage health conditions; medical
15    nutrition therapy; "medical nutrition therapy" means the
16    component of nutrition care that deals with:
17            (A) interpreting and recommending nutrient needs
18        relative to medically prescribed diets, including, but
19        not limited to, enteral feedings, specialized
20        intravenous solutions, and specialized oral feedings;
21            (B) food and prescription drug interactions; and
22            (C) developing and managing food service
23        operations whose chief function is nutrition care and
24        provision of medically prescribed diets;
25        (5) nutrition services for individuals and groups;
26    "nutrition services for individuals and groups" includes,

 

 

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1    but is not limited to, all of the following:
2            (A) providing nutrition assessments relative to
3        preventive maintenance or restorative care;
4            (B) providing nutrition education and nutrition
5        counseling as components of preventive maintenance or
6        restorative care; and
7            (C) developing and managing systems whose chief
8        function is nutrition care; nutrition services for
9        individuals and groups does not include medical
10        nutrition therapy as defined in this Act; and
11        (6) restorative; "restorative" means the component of
12    nutrition care that deals with oral dietary needs for
13    individuals and groups; activities shall relate to the
14    metabolism of food and the requirements for nutrients,
15    including dietary supplements for growth, development,
16    maintenance, or attainment of optimal health.
17    "Diplomate of the American Clinical Board of Nutrition"
18means an individual certified by the American Clinical Board of
19Nutrition.
20    "Licensed dietitian nutritionist" means a person licensed
21under this Act to practice dietetics and nutrition services, as
22defined in this Section. Activities of a licensed dietitian
23nutritionist do not include the medical differential diagnosis
24of the health status of an individual.
25    "Practice experience" means a preprofessional, documented,
26supervised practice in dietetics or nutrition services that is

 

 

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1acceptable to the Department in compliance with requirements
2for licensure, as specified in Section 45. It may be or may
3include a documented, supervised practice experience which is a
4component of the educational requirements for licensure, as
5specified in Section 45.
6    "Registered dietitian" means an individual registered with
7the Commission on Dietetic Registration, the accrediting body
8of the Academy of Nutrition and Dietetics, formerly known as
9the American Dietetic Association.
10    "Secretary" means the Secretary of Financial and
11Professional Regulation.
12    "Telepractice" means the delivery of services under this
13Act by means other than in-person, including, but not limited
14to, telephone, email, internet, or other methods of electronic
15communication. Telepractice is not prohibited under this Act
16provided that the provision of telepractice services is
17appropriate for the client and the level of care provided meets
18the required level of care for that client. Individuals
19providing services regulated by this Act via telepractice shall
20comply with and are subject to all licensing and disciplinary
21provisions of this Act.
22(Source: P.A. 97-1141, eff. 12-28-12.)
 
23    (225 ILCS 30/17 new)
24    Sec. 17. Other activities subject to licensure under this
25Act.

 

 

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1    (1) Enteral and parenteral nutrition therapy shall consist
2of enteral feedings or specialized intravenous solutions and
3shall only be performed by an individual licensed under this
4Act who:
5        (a) is a registered dietitian registered with the
6    Commission on Dietetic Registration, the accrediting body
7    of the Academy of Nutrition and Dietetics, formerly known
8    as the American Dietetic Association;
9        (b) is a certified nutrition support clinician as
10    certified by the National Board of Nutrition Support
11    Certification; or
12        (c) meets the requirements set forth in the rules of
13    the Department.
14    (2) Developing and managing food service operations whose
15chief function is nutrition care shall only be performed by an
16individual licensed under this Act.
 
17    (225 ILCS 30/95)  (from Ch. 111, par. 8401-95)
18    (Section scheduled to be repealed on January 1, 2023)
19    Sec. 95. Grounds for discipline.
20    (1) The Department may refuse to issue or renew, or may
21revoke, suspend, place on probation, reprimand, or take other
22disciplinary or non-disciplinary action as the Department may
23deem appropriate, including imposing fines not to exceed
24$10,000 for each violation, with regard to any license or
25certificate for any one or combination of the following causes:

 

 

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1        (a) Material misstatement in furnishing information to
2    the Department.
3        (b) Violations of this Act or of rules adopted under
4    this Act.
5        (c) Conviction by plea of guilty or nolo contendere,
6    finding of guilt, jury verdict, or entry of judgment or by
7    sentencing of any crime, including, but not limited to,
8    convictions, preceding sentences of supervision,
9    conditional discharge, or first offender probation, under
10    the laws of any jurisdiction of the United States (i) that
11    is a felony or (ii) that is a misdemeanor, an essential
12    element of which is dishonesty, or that is directly related
13    to the practice of the profession.
14        (d) Fraud or any misrepresentation in applying for or
15    procuring a license under this Act or in connection with
16    applying for renewal of a license under this Act.
17        (e) Professional incompetence or gross negligence.
18        (f) Malpractice.
19        (g) Aiding or assisting another person in violating any
20    provision of this Act or its rules.
21        (h) Failing to provide information within 60 days in
22    response to a written request made by the Department.
23        (i) Engaging in dishonorable, unethical or
24    unprofessional conduct of a character likely to deceive,
25    defraud, or harm the public.
26        (j) Habitual or excessive use or abuse of drugs defined

 

 

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1    in law as controlled substances, alcohol, or any other
2    substance that results in the inability to practice with
3    reasonable judgment, skill, or safety.
4        (k) Discipline by another state, the District of
5    Columbia, territory, country, or governmental agency if at
6    least one of the grounds for the discipline is the same or
7    substantially equivalent to those set forth in this Act.
8        (l) Charging for professional services not rendered,
9    including filing false statements for the collection of
10    fees for which services are not rendered. Nothing in this
11    paragraph (1) affects any bona fide independent contractor
12    or employment arrangements among health care
13    professionals, health facilities, health care providers,
14    or other entities, except as otherwise prohibited by law.
15    Any employment arrangements may include provisions for
16    compensation, health insurance, pension, or other
17    employment benefits for the provision of services within
18    the scope of the licensee's practice under this Act.
19    Nothing in this paragraph (1) shall be construed to require
20    an employment arrangement to receive professional fees for
21    services rendered.
22        (m) A finding by the Department that the licensee,
23    after having his or her license placed on probationary
24    status, has violated the terms of probation.
25        (n) Willfully making or filing false records or reports
26    in his or her practice, including, but not limited to,

 

 

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1    false records filed with State agencies or departments.
2        (o) Allowing one's license under this Act to be used by
3    an unlicensed person in violation of this Act.
4        (p) Practicing under a false or, except as provided by
5    law, an assumed name.
6        (q) Gross and willful overcharging for professional
7    services.
8        (r) (Blank).
9        (s) Willfully failing to report an instance of
10    suspected child abuse or neglect as required by the Abused
11    and Neglected Child Reporting Act.
12        (t) Cheating on or attempting to subvert a licensing
13    examination administered under this Act.
14        (u) Mental illness or disability that results in the
15    inability to practice under this Act with reasonable
16    judgment, skill, or safety.
17        (v) Physical illness, including, but not limited to,
18    deterioration through the aging process or loss of motor
19    skill that results in a licensee's inability to practice
20    under this Act with reasonable judgment, skill, or safety.
21        (w) Advising an individual to discontinue, reduce,
22    increase, or otherwise alter the intake of a drug
23    prescribed by a physician licensed to practice medicine in
24    all its branches or by a prescriber as defined in Section
25    102 of the Illinois Controlled Substance Act.
26    (2) The Department may refuse to issue or may suspend

 

 

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1without hearing, as provided for in the Code of Civil
2Procedure, the license of any person who fails to file a
3return, or pay the tax, penalty, or interest shown in a filed
4return, or pay any final assessment of the tax, penalty, or
5interest as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied in accordance
8with subsection (g) of Section 2105-15 of the Civil
9Administrative Code of Illinois.
10    (3) The Department shall deny a license or renewal
11authorized by this Act to a person who has defaulted on an
12educational loan or scholarship provided or guaranteed by the
13Illinois Student Assistance Commission or any governmental
14agency of this State in accordance with item (5) of subsection
15(a) of Section 2105-15 of the Civil Administrative Code of
16Illinois.
17    (4) In cases where the Department of Healthcare and Family
18Services has previously determined a licensee or a potential
19licensee is more than 30 days delinquent in the payment of
20child support and has subsequently certified the delinquency to
21the Department, the Department may refuse to issue or renew or
22may revoke or suspend that person's license or may take other
23disciplinary action against that person based solely upon the
24certification of delinquency made by the Department of
25Healthcare and Family Services in accordance with item (5) of
26subsection (a) of Section 1205-15 of the Civil Administrative

 

 

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1Code of Illinois.
2    (5) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission, as
4provided in the Mental Health and Developmental Disabilities
5Code, operates as an automatic suspension. The suspension shall
6end only upon a finding by a court that the patient is no
7longer subject to involuntary admission or judicial admission
8and the issuance of an order so finding and discharging the
9patient.
10    (6) In enforcing this Act, the Department, upon a showing
11of a possible violation, may compel an individual licensed to
12practice under this Act, or who has applied for licensure under
13this Act, to submit to a mental or physical examination, or
14both, as required by and at the expense of the Department. The
15Department may order the examining physician to present
16testimony concerning the mental or physical examination of the
17licensee or applicant. No information shall be excluded by
18reason of any common law or statutory privilege relating to
19communications between the licensee or applicant and the
20examining physician. The examining physicians shall be
21specifically designated by the Department. The individual to be
22examined may have, at his or her own expense, another physician
23of his or her choice present during all aspects of this
24examination. The examination shall be performed by a physician
25licensed to practice medicine in all its branches. Failure of
26an individual to submit to a mental or physical examination,

 

 

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

 

 

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1individual's record of treatment and counseling regarding the
2impairment to the extent permitted by applicable federal
3statutes and regulations safeguarding the confidentiality of
4medical records.
5    An individual licensed under this Act and affected under
6this Section shall be afforded an opportunity to demonstrate to
7the Department that he or she can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of his or her license.
10(Source: P.A. 96-1482, eff. 11-29-10; 97-1141, eff. 12-28-12.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".