Illinois General Assembly - Full Text of SB2936
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Full Text of SB2936  97th General Assembly

SB2936enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Regulatory Sunset Act is amended by changing
5Sections 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 Section Acts and Sections repealed on January 1,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9Acts are repealed on January 1, 2013: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.)
 
16    (5 ILCS 80/4.33)
17    Sec. 4.33. Acts Act repealed on January 1, 2023. The
18following Acts are Act is repealed on January 1, 2023:
19    The Dietitian Nutritionist Practice Act.
20    The Elevator Safety and Regulation Act.
21    The Fire Equipment Distributor and Employee Regulation Act
22of 2011.

 

 

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1    The Funeral Directors and Embalmers Licensing Code.
2    The Naprapathic Practice Act.
3    The Professional Counselor and Clinical Professional
4Counselor Licensing and Practice Act.
5    The Wholesale Drug Distribution Licensing Act.
6(Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12;
797-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff.
88-22-12; 97-1130, eff. 8-28-12; revised 9-20-12.)
 
9    Section 2. The Department of Public Health Powers and
10Duties Law of the Civil Administrative Code of Illinois is
11amended by changing Section 2310-210 as follows:
 
12    (20 ILCS 2310/2310-210)  (was 20 ILCS 2310/55.62a)
13    Sec. 2310-210. Advisory Panel on Minority Health.
14    (a) In this Section:
15    "Health profession" means any health profession regulated
16under the laws of this State, including, without limitation,
17professions regulated under the Illinois Athletic Trainers
18Practice Act, the Clinical Psychologist Licensing Act, the
19Clinical Social Work and Social Work Practice Act, the Illinois
20Dental Practice Act, the Dietitian Nutritionist Dietetic and
21Nutrition Services Practice Act, the Marriage and Family
22Therapy Licensing Act, the Medical Practice Act of 1987, the
23Naprapathic Practice Act, the Nurse Practice Act, the Illinois
24Occupational Therapy Practice Act, the Illinois Optometric

 

 

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1Practice Act of 1987, the Illinois Physical Therapy Act, the
2Physician Assistant Practice Act of 1987, the Podiatric Medical
3Practice Act of 1987, the Professional Counselor and Clinical
4Professional Counselor Licensing Act, and the Illinois
5Speech-Language Pathology and Audiology Practice Act.
6    "Minority" has the same meaning as in Section 2310-215.
7    (b) The General Assembly finds as follows:
8        (1) The health status of individuals from ethnic and
9    racial minorities in this State is significantly lower than
10    the health status of the general population of the State.
11        (2) Minorities suffer disproportionately high rates of
12    cancer, stroke, heart disease, diabetes, sickle-cell
13    anemia, lupus, substance abuse, acquired immune deficiency
14    syndrome, other diseases and disorders, unintentional
15    injuries, and suicide.
16        (3) The incidence of infant mortality among minorities
17    is almost double that for the general population.
18        (4) Minorities suffer disproportionately from lack of
19    access to health care and poor living conditions.
20        (5) Minorities are under-represented in the health
21    care professions.
22        (6) Minority participation in the procurement policies
23    of the health care industry is lacking.
24        (7) Minority health professionals historically have
25    tended to practice in low-income areas and to serve
26    minorities.

 

 

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

 

 

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1Advisory Panel shall consist of 25 members appointed by the
2Director of Public Health. The members shall represent health
3professions and the General Assembly.
4    (e) The Advisory Panel shall assist the Department in the
5following manner:
6        (1) Examination of the following areas as they relate
7    to minority health:
8            (A) Access to health care.
9            (B) Demographic factors.
10            (C) Environmental factors.
11            (D) Financing of health care.
12            (E) Health behavior.
13            (F) Health knowledge.
14            (G) Utilization of quality care.
15            (H) Minorities in health care professions.
16        (2) Development of monitoring, tracking, and reporting
17    mechanisms for programs and services with minority health
18    goals and objectives.
19        (3) Communication with local health departments,
20    community-based organizations, voluntary health
21    organizations, and other public and private organizations
22    statewide, on an ongoing basis, to learn more about their
23    services to minority communities, the health problems of
24    minority communities, and their ideas for improving
25    minority health.
26        (4) Promotion of communication among all State

 

 

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1    agencies that provide services to minority populations.
2        (5) Building coalitions between the State and
3    leadership in minority communities.
4        (6) Encouragement of recruitment and retention of
5    minority health professionals.
6        (7) Improvement in methods for collecting and
7    reporting data on minority health.
8        (8) Improvement in accessibility to health and medical
9    care for minority populations in under-served rural and
10    urban areas.
11        (9) Reduction of communication barriers for
12    non-English speaking residents.
13        (10) Coordination of the development and dissemination
14    of culturally appropriate and sensitive education
15    material, public awareness messages, and health promotion
16    programs for minorities.
17    (f) On or before January 1, 1997 the Advisory Panel shall
18submit an interim report to the Governor and the General
19Assembly. The interim report shall include an update on the
20Advisory Panel's progress in performing its functions under
21this Section and shall include recommendations, including
22recommendations for any necessary legislative changes.
23    On or before January 1, 1998 the Advisory Panel shall
24submit a final report to the Governor and the General Assembly.
25The final report shall include the following:
26        (1) An evaluation of the health status of minorities in

 

 

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1    this State.
2        (2) An evaluation of minority access to health care in
3    this State.
4        (3) Recommendations for improving the health status of
5    minorities in this State.
6        (4) Recommendations for increasing minority access to
7    health care in this State.
8        (5) Recommendations for increasing minority
9    participation in the procurement policies of the health
10    care industry.
11        (6) Recommendations for increasing the number of
12    minority health professionals in this State.
13        (7) Recommendations that will ensure that the health
14    status of minorities in this State continues to be
15    addressed beyond the expiration of the Advisory Panel.
16(Source: P.A. 95-639, eff. 10-5-07.)
 
17    Section 3. The Illinois Insurance Code is amended by
18changing Section 356w as follows:
 
19    (215 ILCS 5/356w)
20    Sec. 356w. Diabetes self-management training and
21education.
22    (a) A group policy of accident and health insurance that is
23amended, delivered, issued, or renewed after the effective date
24of this amendatory Act of 1998 shall provide coverage for

 

 

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1outpatient self-management training and education, equipment,
2and supplies, as set forth in this Section, for the treatment
3of type 1 diabetes, type 2 diabetes, and gestational diabetes
4mellitus.
5    (b) As used in this Section:
6    "Diabetes self-management training" means instruction in
7an outpatient setting which enables a diabetic patient to
8understand the diabetic management process and daily
9management of diabetic therapy as a means of avoiding frequent
10hospitalization and complications. Diabetes self-management
11training shall include the content areas listed in the National
12Standards for Diabetes Self-Management Education Programs as
13published by the American Diabetes Association, including
14medical nutrition therapy and education programs, as defined by
15the contract of insurance, that allow the patient to maintain
16an A1c level within the range identified in nationally
17recognized standards of care.
18    "Medical nutrition therapy" shall have the meaning
19ascribed to that term "medical nutrition care" in the Dietitian
20Nutritionist Dietetic and Nutrition Services Practice Act.
21    "Physician" means a physician licensed to practice
22medicine in all of its branches providing care to the
23individual.
24    "Qualified provider" for an individual that is enrolled in:
25        (1) a health maintenance organization that uses a
26    primary care physician to control access to specialty care

 

 

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1    means (A) the individual's primary care physician licensed
2    to practice medicine in all of its branches, (B) a
3    physician licensed to practice medicine in all of its
4    branches to whom the individual has been referred by the
5    primary care physician, or (C) a certified, registered, or
6    licensed network health care professional with expertise
7    in diabetes management to whom the individual has been
8    referred by the primary care physician.
9        (2) an insurance plan means (A) a physician licensed to
10    practice medicine in all of its branches or (B) a
11    certified, registered, or licensed health care
12    professional with expertise in diabetes management to whom
13    the individual has been referred by a physician.
14    (c) Coverage under this Section for diabetes
15self-management training, including medical nutrition
16education, shall be limited to the following:
17        (1) Up to 3 medically necessary visits to a qualified
18    provider upon initial diagnosis of diabetes by the
19    patient's physician or, if diagnosis of diabetes was made
20    within one year prior to the effective date of this
21    amendatory Act of 1998 where the insured was a covered
22    individual, up to 3 medically necessary visits to a
23    qualified provider within one year after that effective
24    date.
25        (2) Up to 2 medically necessary visits to a qualified
26    provider upon a determination by a patient's physician that

 

 

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1    a significant change in the patient's symptoms or medical
2    condition has occurred. A "significant change" in
3    condition means symptomatic hyperglycemia (greater than
4    250 mg/dl on repeated occasions), severe hypoglycemia
5    (requiring the assistance of another person), onset or
6    progression of diabetes, or a significant change in medical
7    condition that would require a significantly different
8    treatment regimen.
9    Payment by the insurer or health maintenance organization
10for the coverage required for diabetes self-management
11training pursuant to the provisions of this Section is only
12required to be made for services provided. No coverage is
13required for additional visits beyond those specified in items
14(1) and (2) of this subsection.
15    Coverage under this subsection (c) for diabetes
16self-management training shall be subject to the same
17deductible, co-payment, and co-insurance provisions that apply
18to coverage under the policy for other services provided by the
19same type of provider.
20    (d) Coverage shall be provided for the following equipment
21when medically necessary and prescribed by a physician licensed
22to practice medicine in all of its branches. Coverage for the
23following items shall be subject to deductible, co-payment and
24co-insurance provisions provided for under the policy or a
25durable medical equipment rider to the policy:
26        (1) blood glucose monitors;

 

 

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

 

 

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1co-insurance provisions that apply under the policy for other
2services provided by the same type of provider.
3    (g) If authorized by a physician, diabetes self-management
4training may be provided as a part of an office visit, group
5setting, or home visit.
6    (h) This Section shall not apply to agreements, contracts,
7or policies that provide coverage for a specified diagnosis or
8other limited benefit coverage.
9(Source: P.A. 97-281, eff. 1-1-12.)
 
10    Section 5. The Dietetic and Nutrition Services Practice Act
11is amended by changing Sections 1, 10, 15, 15.5, 20, 30, 37,
1245, 65, 70, 80, 85, 95, 97, 100, 105, 110, 115, 120, 125, 130,
13135, 140, 145, 155, 165, 175, and 180 and by adding Section 108
14as follows:
 
15    (225 ILCS 30/1)  (from Ch. 111, par. 8401-1)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 1. Short title. This Act may be cited as the Dietitian
18Nutritionist Dietetic and Nutrition Services Practice Act.
19(Source: P.A. 87-784.)
 
20    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)
21    (Section scheduled to be repealed on January 1, 2013)
22    Sec. 10. Definitions. As used in this Act:
23    "Address of record" means the designated address recorded

 

 

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1by the Department in the applicant's or licensee's application
2file or license file as maintained by the Department's
3licensure maintenance unit. It is the duty of the applicant or
4licensee to inform the Department of any change of address and
5those changes must be made either through the Department's
6website or by contacting the Department.
7    "Board" means the Dietitian Nutritionist Practice Board
8appointed by the Secretary Director.
9    "Certified clinical nutritionist" means an individual
10certified by the Clinical Nutrition Certification Board.
11    "Certified nutrition specialist" means an individual
12certified by the Certification Board of Nutrition Specialists.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "Dietetics and nutrition services" means the integration
16and application of principles derived from the sciences of food
17and nutrition to provide for all aspects of nutrition care for
18individuals and groups, including, but not limited to:
19        (1) nutrition counseling; "nutrition counseling" means
20    advising and assisting individuals or groups on
21    appropriate nutrition intake by integrating information
22    from the nutrition assessment;
23        (2) nutrition assessment; "nutrition assessment" means
24    the evaluation of the nutrition needs of individuals or
25    groups using appropriate data to determine nutrient needs
26    or status and make appropriate nutrition recommendations;

 

 

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

 

 

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1        restorative care; and
2            (C) developing and managing systems whose chief
3        function is nutrition care; nutrition services for
4        individuals and groups does not include medical
5        nutrition therapy as defined in this Act; and
6        (6) restorative; "restorative" means the component of
7    nutrition care that deals with oral dietary needs for
8    individuals and groups; activities shall relate to the
9    metabolism of food and the requirements for nutrients,
10    including dietary supplements for growth, development,
11    maintenance, or attainment of optimal health.
12    "Dietetics" means the integration and application of
13principles derived from the sciences of food and nutrition to
14provide for all aspects of nutrition care for individuals and
15groups, including, but not limited to nutrition services and
16medical nutrition therapy as defined in this Act.
17    "Diplomate of the American Clinical Board of Nutrition"
18means an individual certified by the American Clinical Board of
19Nutrition.
20    "Director" means the Director of the Department of
21Professional Regulation.
22    "Licensed dietitian nutritionist" means a person licensed
23under this Act to practice dietetics and nutrition services, as
24defined in this Section including medical nutrition therapy.
25Activities of a licensed dietitian nutritionist do not include
26the medical differential diagnosis of the health status of an

 

 

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

 

 

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1include, 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.
7        (c) Developing and managing systems whose chief
8    function is nutrition care. Nutrition services for
9    individuals and groups does not include medical nutrition
10    therapy as defined in this Act.
11    "Practice experience" means a preprofessional, documented,
12supervised practice in dietetics or nutrition services that is
13acceptable to the Department in compliance with requirements
14for licensure, as specified in Section Sections 45 and 50. It
15may be or may include a documented, supervised practice
16experience which is a component of the educational requirements
17for licensure, as specified in Section 45 or 50.
18    "Registered dietitian" means an individual registered with
19the Commission on Dietetic Registration, the accrediting body
20of the Academy of Nutrition and Dietetics, formerly known as
21for the American Dietetic Association.
22    "Secretary" means the Secretary of Financial and
23Professional Regulation.
24    "Restorative" means the component of nutrition care that
25deals with oral dietary needs for individuals and groups.
26Activities shall relate to the metabolism of food and the

 

 

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1requirements for nutrients, including dietary supplements for
2growth, development, maintenance, or attainment of optimal
3health.
4(Source: P.A. 92-642, eff. 10-31-03.)
 
5    (225 ILCS 30/15)  (from Ch. 111, par. 8401-15)
6    (Section scheduled to be repealed on January 1, 2013)
7    Sec. 15. License required.
8    (a) No person may engage for remuneration in the practice
9of dietetics and nutrition services nutrition services
10practice or hold himself or herself out as a licensed dietitian
11nutritionist unless the person is licensed in accordance with
12this Act. or meets one or more of the following criteria:
13    (b) This Section does not prohibit the practice of
14dietetics and nutrition services by the following:
15        (1) A The person is licensed in this State under any
16    other Act that authorizes the person to provide these
17    services. (2) The person that is licensed to practice
18    nutrition under the law of another state, territory of the
19    United States, or country and has applied in writing to the
20    Department in form and substance satisfactory to the
21    Department for a license as a dietitian nutritionist until
22    (i) the expiration of 6 months after filing the written
23    application, (ii) the withdrawal of the application, or
24    (iii) the denial of the application by the Department.
25    (b) No person shall practice dietetics, as defined in this

 

 

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

 

 

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1services, as defined in this Act, or hold himself or herself
2out as a licensed dietitian nutritionist, a dietitian, a
3nutritionist, or a nutrition counselor unless the person is
4licensed in accordance with this Act.
5(Source: P.A. 92-642, eff. 10-31-03.)
 
6    (225 ILCS 30/15.5)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 15.5. Unlicensed practice; violation; civil penalty.
9    (a) Any person who practices, offers to practice, attempts
10to practice, or holds oneself out as being able to provide
11practice dietetics and or nutrition services without being
12licensed under this Act shall, in addition to any other penalty
13provided by law, pay a civil penalty to the Department in an
14amount not to exceed $10,000 $5,000 for each offense as
15determined by the Department. The civil penalty shall be
16assessed by the Department after a hearing is held in
17accordance with the provisions set forth in this Act regarding
18the provision of a hearing for the discipline of a licensee.
19    (b) The Department has the authority and power to
20investigate any and all unlicensed activity.
21    (c) The civil penalty shall be paid within 60 days after
22the effective date of the order imposing the civil penalty. The
23order shall constitute a judgment and may be filed and
24execution had thereon in the same manner as any judgment from
25any court of record.

 

 

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1(Source: P.A. 92-642, eff. 10-31-03.)
 
2    (225 ILCS 30/20)  (from Ch. 111, par. 8401-20)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 20. Exemptions. This Act does not prohibit or
5restrict:
6    (a) Any person licensed in this State under any other Act
7from engaging in the practice for which he or she is licensed.
8    (b) The practice of dietetics and or nutrition services by
9a person who is employed by the United States or State
10government or any of its bureaus, divisions, or agencies while
11in the discharge of the employee's official duties.
12    (c) The practice of dietetics and nutrition services by a
13person employed as a cooperative extension home economist, to
14the extent the activities are part of his or her employment.
15    (d) The practice of dietetics and nutrition services or
16dietetics by a person pursuing a course of study leading to a
17degree in dietetics, nutrition, or an equivalent major, as
18authorized by the Department, from a regionally accredited
19school or program, if the activities and services constitute a
20part of a supervised course of study and if the person is
21designated by a title that clearly indicates the person's
22status as a student or trainee.
23    (e) The practice of dietetics and nutrition services or
24dietetics by a person fulfilling the supervised practice
25experience component of Section Sections 45 or 50, if the

 

 

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1activities and services constitute a part of the experience
2necessary to meet the requirements of Section 45 or 50.
3    (f) A person, including a licensed acupuncturist, from:
4        (1) providing oral nutrition information as an
5    operator or employee of a health food store or business
6    that sells health products, including dietary supplements,
7    food, or food materials; or , or
8        (2) disseminating written nutrition information in
9    connection with the marketing and distribution of those
10    products, or discussing the use of those products, both
11    individually and as components of nutritional programs,
12    including explanations of their federally regulated label
13    claims, any known drug-nutrient interactions, their role
14    in various diets, or suggestions as how to best use and
15    combine them.
16    (g) The practice of dietetics and nutrition services by an
17educator who is in the employ of a nonprofit organization; , as
18authorized by the Department, a federal, state, county, or
19municipal agency, or other political subdivision; an
20elementary or secondary school; or a regionally accredited
21institution of higher education, as long as the activities and
22services of the educator are part of his or her employment.
23    (h) The practice of dietetics and nutrition services by any
24person who provides weight control services, provided the
25nutrition program has been reviewed by, consultation is
26available from, and no program change can be initiated without

 

 

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1prior approval by an individual licensed under this Act, an
2individual licensed to practice dietetics or nutrition
3services in another state that has licensure requirements
4considered by the Department to be at least as stringent as the
5requirements for licensure under this Act, or a registered
6dietitian.
7    (i) The practice of dietetics and nutrition services or
8dietetics by any person with a masters or doctorate degree with
9a major in nutrition or equivalent from a regionally accredited
10school recognized by the Department for the purpose of
11education and research.
12    (j) A person from providing general nutrition information
13or encouragement of general healthy eating choices that does
14not include the development of a customized nutrition regimen
15for a particular client or individual, or from providing
16encouragement for compliance with a customized nutrition plan
17prepared by a licensed dietitian nutritionist or any other
18licensed professional whose scope of practice includes
19nutrition assessment and counseling. Any person certified in
20this State and who is employed by a facility or program
21regulated by the State of Illinois from engaging in the
22practice for which he or she is certified and authorized by the
23Department.
24    (k) The practice of dietetics and nutrition services by a
25graduate of a 2 year associate program or a 4 year
26baccalaureate program from a school or program accredited at

 

 

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1the time of graduation by the appropriate accrediting agency
2recognized by the Council on Higher Education Accreditation and
3the United States Department of Education with a major in human
4nutrition, food and nutrition or its equivalent, as authorized
5by the Department, who is directly supervised by an individual
6licensed under this Act.
7    (l) Providing nutrition information as an employee of a
8nursing facility operated exclusively by and for those relying
9upon spiritual means through prayer alone for healing in
10accordance with the tenets and practices of a recognized church
11or religious denomination.
12    (m) A dietary technical support person working in a
13hospital setting or a regulated Department of Public Health or
14Department on Aging facility or program who has been trained
15and is supervised while engaged in the practice of dietetics by
16a licensed dietitian nutritionist in accordance with this Act
17and whose services are retained by that facility or program on
18a full-time or regular, ongoing consultant basis.
19    The provisions of this Act shall not be construed to
20prohibit or limit any person from the free dissemination of
21information, from conducting a class or seminar, or from giving
22a speech related to nutrition if that person does not hold
23himself or herself out as a licensed dietitian nutritionist
24nutrition counselor or licensed dietitian in a manner
25prohibited by Section 15.
26(Source: P.A. 92-642, eff. 10-31-03.)
 

 

 

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1    (225 ILCS 30/30)  (from Ch. 111, par. 8401-30)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 30. Dietitian Nutritionist Practice Board. The
4Secretary Director shall appoint a Dietitian Nutritionist
5Practice Board as follows: 7 individuals who shall be appointed
6by and shall serve in an advisory capacity to the Secretary
7Director. Of these 7 individuals, 6 4 members must be licensed
8under this Act, 2 of which must be a registered dietitian and 2
9of which must be either a certified clinical nutritionist, a
10certified nutrition specialist, or a diplomate of the American
11Clinical Board of Nutrition, ; one member must be a physician
12licensed to practice medicine in all of its branches; one
13member must be a licensed professional nurse; and one member
14must be a public member not licensed under this Act.
15    Members shall serve 3-year 3 year terms and until their
16successors are appointed and qualified, except the terms of the
17initial appointments. No member shall be reappointed to the
18Board for a term that would cause his or her continuous service
19on the Board to be longer than 8 years. Appointments to fill
20vacancies shall be made in the same manner as original
21appointments, for the unexpired portion of the vacated term.
22Initial terms shall begin upon the effective date of this Act
23and Board members in office on that date shall be appointed to
24specific terms as indicated in this Section.
25    Insofar as possible, the licensed professionals appointed

 

 

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1to serve on the Board shall be generally representative of the
2geographical distribution of licensed professionals within The
3membership of the Board shall reasonably represent all the
4geographic areas in this State. Any time there is a vacancy on
5the Board, any professional association composed of persons
6licensed under this Act may recommend licensees to fill the
7vacancy to the Board for the appointment of licensees, the
8organization representing the largest number of licensed
9physicians for the appointment of physicians to the Board, and
10the organization representing the largest number of licensed
11professional nurses for the appointment of a nurse to the
12Board.
13    A vacancy in the membership of the Board shall not impair
14the right of a quorum to exercise all the rights and perform
15all the duties of the Board.
16    Members of the Board shall have no liability in any action
17based upon any disciplinary proceeding or other activity
18performed in good faith as members of the Board.
19    The Secretary Director shall have the authority to remove
20or suspend any member of the Board for cause at any time before
21the expiration of his or her term. The Secretary shall be the
22sole arbiter of cause from office for neglect of any duty
23required by law or for incompetency or unprofessional or
24dishonorable conduct.
25    The Secretary Director shall consider the recommendation
26of the Board on questions of standards of professional conduct,

 

 

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1discipline, and qualifications of candidates or licensees
2under this Act.
3(Source: P.A. 92-642, eff. 10-31-03.)
 
4    (225 ILCS 30/45)  (from Ch. 111, par. 8401-45)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 45. Dietitian nutritionist; qualifications. A person
7shall be qualified for licensure as a dietitian nutritionist if
8that person meets all of the following requirements:
9    (a) Has applied in writing in form and substance acceptable
10to the Department and possesses a baccalaureate degree or post
11baccalaureate degree in human nutrition, foods and nutrition,
12dietetics, food systems management, nutrition education,
13nutrition, nutrition science, clinical nutrition, applied
14clinical nutrition, nutrition counseling, nutrition and
15functional medicine, nutrition and integrative health, or an
16equivalent major course of study as recommended by the Board
17and approved by the Department from a school or program
18accredited at the time of graduation from the appropriate
19regional accrediting agency recognized by the Council on Higher
20Education Accreditation and the United States Department of
21Education.
22    (b) Has successfully completed an the examination
23authorized by the Department which may be or may include
24examinations an examination given by each of the American
25Clinical Board of Nutrition, the Certification Board of

 

 

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1Nutrition Specialists, the Clinical Nutrition Certification
2Board, and the Commission on Dietetic Registration, or another
3examination approved by the Department.
4    The Department shall establish by rule a waiver of the
5examination requirement to applicants who, at the time of
6application, are acknowledged to be certified clinical
7nutritionists by the Clinical Nutrition Certification Board,
8certified nutrition specialists by the Certification Board of
9Nutrition Specialists, diplomates of the American Clinical
10Board of Nutrition, or registered dietitians by the Commission
11on Dietetic Registration and who are in compliance with other
12qualifications as included in the Act.
13    (c) Has completed a dietetic internship or documented,
14supervised practice experience in dietetics and nutrition
15services of not less than 900 hours under the supervision of a
16certified clinical nutritionist, certified nutrition
17specialist, diplomate of the American Clinical Board of
18Nutrition, registered dietitian or a licensed dietitian
19nutritionist, a State licensed healthcare practitioner, or an
20individual with a doctoral degree conferred by a U.S.
21regionally accredited college or university with a major course
22of study in human nutrition, nutrition education, food and
23nutrition, dietetics, or food systems management, nutrition,
24nutrition science, clinical nutrition, applied clinical
25nutrition, nutrition counseling, nutrition and functional
26medicine, or nutrition and integrative health. Supervised

 

 

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

 

 

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

 

 

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1Department shall determine, by an evaluation program
2established by rule, his or her fitness to resume active status
3and may require the person to complete a period of evaluated
4professional experience and may require successful completion
5of a practical examination.
6    Any person, however, whose license expired while (i) in
7Federal Service on active duty with the Armed Forces of the
8United States, or called into service or training with the
9State Militia, or (ii) in training or education under the
10supervision of the United States preliminary to induction into
11the military service may have his or her license restored
12without paying any lapsed renewal fees if within 2 years after
13honorable termination of the service, training, or education he
14or she furnishes the Department with satisfactory evidence to
15the effect that he or she has been so engaged and that the
16service, training or education has been terminated.
17(Source: P.A. 92-642, eff. 7-11-02.)
 
18    (225 ILCS 30/70)  (from Ch. 111, par. 8401-70)
19    (Section scheduled to be repealed on January 1, 2013)
20    Sec. 70. Inactive status; restoration; military service.
21    (a) Any person who notifies the Department in writing on
22forms prescribed by the Department may elect to place his or
23her license on an inactive status and shall, subject to rules
24of the Department, be excused from payment of renewal fees
25until he or she notifies the Department in writing of the

 

 

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1desires to resume active status.
2    (b) A licensee who has permitted his or her license to
3expire or who has had his or her license on inactive status may
4have the license restored by making application to the
5Department by filing proof acceptable to the Department of his
6or her fitness to have the license restored and by paying the
7required fees. Proof of fitness may include sworn evidence
8certifying to active lawful practice in another jurisdiction.
9If the licensee has not maintained an active practice in
10another jurisdiction satisfactory to the Department, then the
11Department shall determine, by an evaluation program
12established by rule, his or her fitness for restoration of the
13license and shall establish procedures and requirements for
14restoration.
15    (c) A licensee whose license expired while he or she was
16(1) in federal service on active duty with the Armed Forces of
17the United States or the State Militia called into service or
18training or (2) in training or education under the supervision
19of the United States before induction into the military
20service, may have the license restored without paying any
21lapsed renewal fees if within 2 years after honorable
22termination of the service, training, or education he or she
23furnishes the Department with satisfactory evidence to the
24effect that he or she has been so engaged and that his or her
25service, training, or education has been so terminated.
26    (d) Any person requesting restoration from inactive status

 

 

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1shall be required to pay the current renewal fee, shall meet
2continuing education requirements, and shall be required to
3restore his or her license as provided in Section 65 of this
4Act.
5    (e) A person licensed under this Act whose license is on
6inactive status or in a non-renewed status shall not engage in
7the practice of dietetics or nutrition services in the State of
8Illinois or use the title or advertise that he or she performs
9the services of a licensed dietitian nutritionist.
10    (f) Any person violating this Section shall be considered
11to be practicing without a license and will be subject to the
12disciplinary provisions of this Act.
13(Source: P.A. 92-642, eff. 10-31-03.)
 
14    (225 ILCS 30/80)  (from Ch. 111, par. 8401-80)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 80. Use of title; advertising. Only a person who is
17issued a license as a dietitian nutritionist under this Act may
18use the words "dietitian nutritionist", "dietitian", "licensed
19nutritionist", or "nutrition counselor" or the letters
20"L.D.N." in connection with his or her name.
21    A person who meets the additional criteria for registration
22by the Commission on Dietetic Registration for the American
23Dietetic Association may assume or use the title or designation
24"Registered Dietitian" or "Registered Dietician" or use the
25letters "R.D." or any words, letters, abbreviations, or

 

 

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1insignia indicating that the person is a registered dietitian.
2    Any person who meets the additional criteria for
3certification by the Clinical Nutrition Certification Board of
4the International and American Associations of Clinical
5Nutritionists may assume or use the title or designation
6"Certified Clinical Nutritionist" or use the letters "C.C.N."
7or any words, letters, abbreviations, or insignia indicating
8that the person is a certified clinical nutritionist.
9    Any person who meets the additional criteria for
10certification by the Certification Board of Nutrition
11Specialists may assume or use the title or designation
12"Certified Nutrition Specialist", or use the letters "C.N.S."
13or any words, letters, abbreviations, or insignia indicating
14that the person is a certified nutrition specialist.
15    A licensee shall include in every advertisement for
16services regulated under this Act his or her title as it
17appears on the license or the initials authorized under this
18Act. Advertisements shall not include false, fraudulent,
19deceptive, or misleading material or guarantees of success.
20(Source: P.A. 92-642, eff. 10-31-03.)
 
21    (225 ILCS 30/85)  (from Ch. 111, par. 8401-85)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 85. Fees. The Department shall provide by rule for a
24schedule of fees for the administration and enforcement of this
25Act, including, but not limited to, original licensure,

 

 

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1registration, renewal, and restoration. The fees shall be
2nonrefundable.
3    All fees, fines, and penalties collected under this Act
4shall be deposited into the General Professions Dedicated Fund
5and shall be appropriated to the Department for the ordinary
6and contingent expenses of the Department in the administration
7of this Act.
8(Source: P.A. 91-454, eff. 1-1-00.)
 
9    (225 ILCS 30/95)  (from Ch. 111, par. 8401-95)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 95. Grounds for discipline.
12    (1) The Department may refuse to issue or renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action as the Department may
15deem appropriate proper, including imposing fines not to exceed
16$10,000 $1000 for each violation, with regard to any license or
17certificate for any one or combination of the following causes:
18        (a) Material misstatement in furnishing information to
19    the Department.
20        (b) Violations of this Act or of its rules adopted
21    under this Act.
22        (c) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or by
24    sentencing of any crime, including, but not limited to,
25    convictions, preceding sentences of supervision,

 

 

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1    conditional discharge, or first offender probation, under
2    the laws of any jurisdiction of the United States (i) that
3    is a felony or (ii) that is a misdemeanor, an essential
4    element of which is dishonesty, or that is directly related
5    to the practice of the profession Conviction of any crime
6    under the laws of the United States or any state or
7    territory thereof that is (i) a felony; (ii) a misdemeanor,
8    an essential element of which is dishonesty; or (iii) a
9    crime that is directly related to the practice of the
10    profession.
11        (d) Fraud or Making any misrepresentation in applying
12    for or procuring a license under this Act or in connection
13    with applying for renewal of a license under this Act for
14    the purpose of obtaining licensure or violating any
15    provision of this Act.
16        (e) Professional incompetence or gross negligence.
17        (f) Malpractice.
18        (g) Aiding or assisting another person in violating any
19    provision of this Act or its rules.
20        (h) Failing to provide information within 60 days in
21    response to a written request made by the Department.
22        (i) Engaging in dishonorable, unethical or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public.
25        (j) Habitual or excessive use or abuse of drugs defined
26    in law as controlled substances, alcohol addiction to

 

 

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1    alcohol, narcotics, stimulants, or any other substance
2    that chemical agent or drug that results in the inability
3    to practice with reasonable judgment, skill, or safety.
4        (k) Discipline by another state, the District of
5    Columbia, territory, or country, or governmental agency if
6    at least one of the grounds for the discipline is the same
7    or 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 Directly or
11    indirectly giving to or receiving from any person, firm,
12    corporation, partnership, or association any fee,
13    commission, rebate, or other form of compensation for any
14    professional services not actually or personally rendered.
15    Nothing in this paragraph (1) affects any bona fide
16    independent contractor or employment arrangements among
17    health care professionals, health facilities, health care
18    providers, or other entities, except as otherwise
19    prohibited by law. Any employment arrangements may include
20    provisions for compensation, health insurance, pension, or
21    other employment benefits for the provision of services
22    within the scope of the licensee's practice under this Act.
23    Nothing in this paragraph (1) shall be construed to require
24    an employment arrangement to receive professional fees for
25    services rendered.
26        (m) A finding by the Department that the licensee,

 

 

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1    after having his or her license placed on probationary
2    status, has violated the terms of probation.
3        (n) Willfully making or filing false records or reports
4    in his or her practice, including, but not limited to,
5    false records filed with State agencies or departments
6    Conviction by any court of competent jurisdiction, either
7    within or outside this State, of any violation of any law
8    governing the practice of dietetics or nutrition
9    counseling, if the Department determines, after
10    investigation, that the person has not been sufficiently
11    rehabilitated to warrant the public trust.
12        (o) Allowing one's license under this Act to be used by
13    an unlicensed person in violation of this Act A finding
14    that licensure has been applied for or obtained by
15    fraudulent means.
16        (p) Practicing under a false or, except as provided by
17    law, an assumed name or attempting to practice under a name
18    other than the full name as shown on the license or any
19    other legally authorized name.
20        (q) Gross and willful overcharging for professional
21    services including filing statements for collection of
22    fees or monies for which services are not rendered.
23        (r) (Blank). Failure to (i) file a return, (ii) pay the
24    tax, penalty or interest shown in a filed return, or (iii)
25    pay any final assessment of tax, penalty or interest, as
26    required by any tax Act administered by the Illinois

 

 

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1    Department of Revenue, until the requirements of any such
2    tax Act are satisfied.
3        (s) Willfully failing to report an instance of
4    suspected child abuse or neglect as required by the Abused
5    and Neglected Child Reporting Act.
6        (t) Cheating on or attempting to subvert a licensing
7    examination administered under this Act.
8        (u) Mental illness or disability that results in the
9    inability to practice under this Act with reasonable
10    judgment, skill, or safety.
11        (v) Physical illness, including, but not limited to,
12    deterioration through the aging process or loss of motor
13    skill that results in a licensee's inability to practice
14    under this Act with reasonable judgment, skill, or safety.
15    (2) The Department may refuse to issue or may suspend
16without hearing, as provided for in the Code of Civil
17Procedure, the license of any person who fails to file a
18return, or pay the tax, penalty, or interest shown in a filed
19return, or pay any final assessment of the tax, penalty, or
20interest as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied in accordance
23with subsection (g) of Section 2105-15 of the Civil
24Administrative Code of Illinois.
25    (3) The Department shall deny a license or renewal
26authorized by this Act to a person who has defaulted on an

 

 

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1educational loan or scholarship provided or guaranteed by the
2Illinois Student Assistance Commission or any governmental
3agency of this State in accordance with item (5) of subsection
4(a) of Section 2105-15 of the Civil Administrative Code of
5Illinois.
6    (4) In cases where the Department of Healthcare and Family
7Services has previously determined a licensee or a potential
8licensee is more than 30 days delinquent in the payment of
9child support and has subsequently certified the delinquency to
10the Department, the Department may refuse to issue or renew or
11may revoke or suspend that person's license or may take other
12disciplinary action against that person based solely upon the
13certification of delinquency made by the Department of
14Healthcare and Family Services in accordance with item (5) of
15subsection (a) of Section 1205-15 of the Civil Administrative
16Code of Illinois.
17    (5) The determination by a circuit court that a licensee is
18subject to involuntary admission or judicial admission, as
19provided in the Mental Health and Developmental Disabilities
20Code, operates as an automatic suspension. The suspension shall
21end only upon a finding by a court that the patient is no
22longer subject to involuntary admission or judicial admission
23and the issuance of an order so finding and discharging the
24patient.
25    (6) In enforcing this Act, the Department, upon a showing
26of a possible violation, may compel an individual licensed to

 

 

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1practice under this Act, or who has applied for licensure under
2this Act, to submit to a mental or physical examination, or
3both, as required by and at the expense of the Department. The
4Department may order the examining physician to present
5testimony concerning the mental or physical examination of the
6licensee or applicant. No information shall be excluded by
7reason of any common law or statutory privilege relating to
8communications between the licensee or applicant and the
9examining physician. The examining physicians shall be
10specifically designated by the Department. The individual to be
11examined may have, at his or her own expense, another physician
12of his or her choice present during all aspects of this
13examination. The examination shall be performed by a physician
14licensed to practice medicine in all its branches. Failure of
15an individual to submit to a mental or physical examination,
16when directed, shall result in an automatic suspension without
17hearing.
18    A person holding a license under this Act or who has
19applied for a license under this Act who, because of a physical
20or mental illness or disability, including, but not limited to,
21deterioration through the aging process or loss of motor skill,
22is unable to practice the profession with reasonable judgment,
23skill, or safety, may be required by the Department to submit
24to care, counseling, or treatment by physicians approved or
25designated by the Department as a condition, term, or
26restriction for continued, reinstated, or renewed licensure to

 

 

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1practice. Submission to care, counseling, or treatment as
2required by the Department shall not be considered discipline
3of a license. If the licensee refuses to enter into a care,
4counseling, or treatment agreement or fails to abide by the
5terms of the agreement, then the Department may file a
6complaint to revoke, suspend, or otherwise discipline the
7license of the individual. The Secretary may order the license
8suspended immediately, pending a hearing by the Department.
9Fines shall not be assessed in disciplinary actions involving
10physical or mental illness or impairment.
11    In instances in which the Secretary immediately suspends a
12person's license under this Section, a hearing on that person's
13license must be convened by the Department within 15 days after
14the suspension and completed without appreciable delay. The
15Department shall have the authority to review the subject
16individual's record of treatment and counseling regarding the
17impairment to the extent permitted by applicable federal
18statutes and regulations safeguarding the confidentiality of
19medical records.
20    An individual licensed under this Act and affected under
21this Section shall be afforded an opportunity to demonstrate to
22the Department that he or she can resume practice in compliance
23with acceptable and prevailing standards under the provisions
24of his or her license.
25    (2) In enforcing this Section, the Board, upon a showing of
26a possible violation, may compel a licensee or applicant to

 

 

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1submit to a mental or physical examination, or both, as
2required by and at the expense of the Department. The examining
3physician shall be specifically designated by the Board. The
4Board or the Department may order the examining physician to
5present testimony concerning the mental or physical
6examination of a licensee or applicant. No information may be
7excluded by reason of any common law or statutory privilege
8relating to communications between a licensee or applicant and
9the examining physician. An individual to be examined may have,
10at his or her own expense, another physician of his or her
11choice present during all aspects of the examination. Failure
12of an individual to submit to a mental or physical examination,
13when directed, is grounds for suspension of his or her license.
14The license must remain suspended until the time that the
15individual submits to the examination or the Board finds, after
16notice and a hearing, that the refusal to submit to the
17examination was with reasonable cause. If the Board finds that
18an individual is unable to practice because of the reasons set
19forth in this Section, the Board must require the individual to
20submit to care, counseling, or treatment by a physician
21approved by the Board, as a condition, term, or restriction for
22continued, reinstated, or renewed licensure to practice. In
23lieu of care, counseling, or treatment, the Board may recommend
24that the Department file a complaint to immediately suspend or
25revoke the license of the individual or otherwise discipline
26him or her. Any individual whose license was granted,

 

 

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1continued, reinstated, or renewed subject to conditions,
2terms, or restrictions, as provided for in this Section, or any
3individual who was disciplined or placed on supervision
4pursuant to this Section must be referred to the Director for a
5determination as to whether the individual shall have his or
6her license suspended immediately, pending a hearing by the
7Board.
8    The Department shall deny any license or renewal under this
9Act to any person who has defaulted on an educational loan
10guaranteed by the Illinois Student Assistance Commission;
11however, the Department may issue a license or renewal if the
12person in default has established a satisfactory repayment
13record as determined by the Illinois Student Assistance
14Commission.
15    The determination by a circuit court that a registrant is
16subject to involuntary admission or judicial admission as
17provided in the Mental Health and Developmental Disabilities
18Code operates as an automatic suspension. This suspension will
19end only upon a finding by a court that the patient is no
20longer subject to involuntary admission or judicial admission,
21the issuance of an order so finding and discharging the
22patient, and the recommendation of the Board to the Director
23that the registrant be allowed to resume practice.
24(Source: P.A. 96-1482, eff. 11-29-10.)
 
25    (225 ILCS 30/97)  (from Ch. 111, par. 8401-97)

 

 

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1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 97. Payments; penalty for insufficient funds. Any
3person who delivers a check or other payment to the Department
4that is returned to the Department unpaid by the financial
5institution upon which it is drawn shall pay to the Department,
6in addition to the amount already owed to the Department, a
7fine of $50. The fines imposed by this Section are in addition
8to any other discipline provided under this Act for unlicensed
9practice or practice on a nonrenewed license. The Department
10shall notify the person that payment of fees and fines shall be
11paid to the Department by certified check or money order within
1230 calendar days of the notification. If, after the expiration
13of 30 days from the date of the notification, the person has
14failed to submit the necessary remittance, the Department shall
15automatically terminate the license or certificate or deny the
16application, without hearing. If, after termination or denial,
17the person seeks a license or certificate, he or she shall
18apply to the Department for restoration or issuance of the
19license or certificate and pay all fees and fines due to the
20Department. The Department may establish a fee for the
21processing of an application for restoration of a license or
22certificate to pay all expenses of processing this application.
23The Secretary Director may waive the fines due under this
24Section in individual cases where the Secretary Director finds
25that the fines would be unreasonable or unnecessarily
26burdensome.

 

 

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1(Source: P.A. 92-146, eff. 1-1-02.)
 
2    (225 ILCS 30/100)  (from Ch. 111, par. 8401-100)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 100. Injunctions; cease and desist orders.
5    (a) If any person violates a provision of this Act, the
6Secretary Director may, in the name of the People of the State
7of Illinois through the Attorney General of the State of
8Illinois or the State's Attorney of the county in which the
9violation is alleged to have occurred, petition for an order
10enjoining the violation or for an order enforcing compliance
11with this Act. Upon the filing of a verified petition, the
12court may issue a temporary restraining order, without notice
13or bond, and may preliminarily and permanently enjoin the
14violation. If it is established that the person has violated or
15is violating the injunction, the Court may punish the offender
16for contempt of court. Proceedings under this Section shall be
17in addition to, and not in lieu of, all other remedies and
18penalties provided by this Act.
19    (b) If any person practices as a dietitian nutritionist
20dietitian or nutrition counselor or holds himself or herself
21out as such without having a valid license under this Act, then
22any licensee, any interested party, or any person injured
23thereby may, in addition to the Secretary Director, petition
24for relief as provided in subsection (a) of this Section.
25    (c) Whenever in the opinion of the Department any person

 

 

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1violates any provision of this Act, the Department may issue a
2rule to show cause why an order to cease and desist should be
3entered against him or her. The rule shall clearly set forth
4the grounds relied upon the Department and shall provide a
5period of 7 days from the date of the rule to file an answer to
6the satisfaction of the Department. Failure to answer to the
7satisfaction of the Department shall cause in order to cease
8and desist to be issued immediately.
9(Source: P.A. 87-784.)
 
10    (225 ILCS 30/105)  (from Ch. 111, par. 8401-105)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 105. Investigation; notice and hearing. The
13Department may investigate the actions or qualifications of any
14applicant or of any person or persons holding or claiming to
15hold a license or certificate of registration. The Department
16shall, before refusing to issue or renew a license or to
17discipline a licensee under Section 95 before suspending,
18revoking, placing on probationary status, or taking any other
19disciplinary action as the Department may deem proper with
20regard to any license or certificate of registration, at least
2130 days before the date set for the hearing, (i) notify the
22accused in writing of any charges made and the time and place
23for a hearing of the charges before the Board, (ii) direct him
24or her to file his or her written answer to the charges with
25the Board under oath within 20 days after the service on him or

 

 

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1her of the such notice, and (iii) inform the applicant or
2licensee him or her that failure if he or she fails to file an
3answer shall result in , default being will be taken against the
4applicant or licensee. At the time and place fixed in the
5notice, the Department shall proceed to hear the charges and
6the parties or their counsel shall be accorded ample
7opportunity to present any pertinent statements, testimony,
8evidence, and arguments. The Department may continue the
9hearing from time to time. In case the person, after receiving
10the notice, fails to file an answer, his or her license, may,
11in the discretion of the Department, be revoked, suspended, or
12placed on probationary status or the Department may take
13whatever disciplinary action considered proper, including
14limiting the scope, nature, or extent of the person's practice
15or the imposition of a fine, without a hearing, if the act or
16acts charged constitute sufficient grounds for that action
17under the Act. The written notice and any notice in the
18subsequent proceeding may be served by registered or certified
19mail to the licensee's address of record. him or her and his or
20her license or certificate of registration may be suspended,
21revoked, placed on probationary status, or other disciplinary
22action may be taken with regard to the license or certificate,
23including limiting the scope, nature or extent of his or her
24practice, as the Department may deem proper. In case the
25person, after receiving notice, fails to file an answer, his or
26her license or certificate may, in the discretion of the

 

 

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1Department, be suspended, revoked, or placed on probationary
2status, or the Department may take whatever disciplinary action
3deemed proper, including limiting the scope, nature, or extent
4of the person's practice or the imposition of a fine, without a
5hearing, if the act or acts charged constitute sufficient
6grounds for such action under this Act.
7    This written notice and any notice in the subsequent
8proceedings may be served by personal delivery to the accused
9person, or by registered or certified mail to the address last
10specified by the accused in his or her last notification to the
11Department. The written answer shall be served by personal
12delivery, certified delivery, or certified or registered mail
13to the Department. At the time and place fixed in the notice,
14the Department shall proceed to hear the charges and the
15parties or their counsel shall be accorded ample opportunity to
16present such statements, testimony, evidence, and argument as
17may be pertinent to the charges or to the defense thereto. The
18Department may continue such hearing from time to time. At the
19discretion of the Director after having first received the
20recommendation of the Board, the accused person's certificate
21of registration may be suspended or revoked, if the evidence
22constitutes sufficient grounds for such action under this Act.
23(Source: P.A. 87-784; 87-1000; 87-1031; 88-45.)
 
24    (225 ILCS 30/108 new)
25    Sec. 108. Confidentiality. All information collected by

 

 

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1the Department in the course of an examination or investigation
2of a licensee or applicant, including, but not limited to, any
3complaint against a licensee filed with the Department and
4information collected to investigate any such complaint, shall
5be maintained for the confidential use of the Department and
6shall not be disclosed. The Department may not disclose the
7information to anyone other than law enforcement officials,
8other regulatory agencies that have an appropriate regulatory
9interest as determined by the Secretary, or a party presenting
10a lawful subpoena to the Department. Information and documents
11disclosed to a federal, State, county, or local law enforcement
12agency shall not be disclosed by the agency for any purpose to
13any other agency or person. A formal complaint filed against a
14licensee by the Department or any order issued by the
15Department against a licensee or applicant shall be a public
16record, except as otherwise prohibited by law.
 
17    (225 ILCS 30/110)  (from Ch. 111, par. 8401-110)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 110. Record of hearing. The Department, at its
20expense, shall preserve a record of all proceedings at the
21formal hearing of any case. The notice of hearing, complaint,
22and other documents in the nature of pleadings and written
23motions filed in the proceedings, the transcript of testimony,
24the report of the Board, and orders of the Department shall be
25in the record of the proceedings. The Department shall furnish

 

 

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1a transcript of the record to any person interested in the
2hearing upon payment of the fee required under Section 2105-115
3of the Department of Professional Regulation Law (20 ILCS
42105/2105-115).
5(Source: P.A. 91-239, eff. 1-1-00.)
 
6    (225 ILCS 30/115)  (from Ch. 111, par. 8401-115)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 115. Subpoenas; oaths; attendance of witnesses.
9    (a) The Department may shall have the power to subpoena and
10to bring before it any person and to take the oral or written
11testimony or compel the production of any books, papers,
12records, or any other documents that the Secretary or his or
13her designee deems relevant or material to any investigation or
14hearing conducted by the Department either orally or by
15deposition, or both, with the same fees and mileage and in the
16same manner as prescribed in civil cases in the courts of this
17State.
18    (b) The Secretary Director, the designated hearing
19officer, any and every member of the Board, or a certified
20shorthand court reporter may shall have power to administer
21oaths to witnesses at any hearing that the Department conducts
22is authorized to conduct and any other oaths authorized in any
23Act administered by the Department. Notwithstanding any other
24statute or Department rule to the contrary, all requests for
25testimony, production of documents, or records shall be in

 

 

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1accordance with this Act.
2    (c) Any circuit court may, upon application of the
3Department or designee or of the applicant, licensee, or person
4holding a license against whom proceedings under this Act are
5pending, may enter an order requiring the attendance and
6testimony of witnesses and their testimony, and the production
7of relevant documents, papers, files, books and records in
8connection with any hearing or investigations. The court may
9compel obedience to its order by proceedings for contempt.
10(Source: P.A. 87-784; 87-1000.)
 
11    (225 ILCS 30/120)  (from Ch. 111, par. 8401-120)
12    (Section scheduled to be repealed on January 1, 2013)
13    Sec. 120. Board report. At the conclusion of the hearing,
14the Board shall present to the Secretary Director a written
15report of its findings of fact, conclusions of law, and
16recommendations. The report shall contain a finding whether or
17not the accused person violated this Act or failed to comply
18with the conditions required in this Act. The Board shall
19specify the nature of the violation or failure to comply and
20shall make its recommendations to the Secretary Director.
21    The report of findings of fact, conclusions of law and
22recommendation of the Board shall be the basis for the
23Department's order for refusing to issue, restore, or renew a
24license or otherwise disciplining a licensee refusal or for the
25granting of a license. If the Secretary Director disagrees in

 

 

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1any regard with the report of the Board, the Secretary Director
2may issue an order in contravention of the report. The Director
3shall provide a written report to the Board on any deviation
4and shall specify with particularity the reasons for that
5action in the final order. The finding is not admissible in
6evidence against the person in a criminal prosecution brought
7for the violation of this Act, but the hearing and finding is
8not a bar to a criminal prosecution brought for the violation
9of this Act.
10(Source: P.A. 87-784.)
 
11    (225 ILCS 30/125)  (from Ch. 111, par. 8401-125)
12    (Section scheduled to be repealed on January 1, 2013)
13    Sec. 125. Motion for rehearing. In any hearing involving
14the refusal to issue or renew or the discipline of a licensee,
15a copy of the Board's report shall be served upon the
16respondent by the Department, either personally or as provided
17in this Act for the service of the notice of hearing. Within 20
18calendar days after the service, the respondent may present to
19the Department a motion in writing for a rehearing which shall
20specify the particular grounds for rehearing. If no motion for
21rehearing is filed, then upon the expiration of the time
22specified for filing a motion, or if motion for rehearing is
23denied, then upon denial, the Secretary Director may enter an
24order in accordance with recommendations of the Board, except
25as provided for in Section 120. If the respondent orders a

 

 

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1transcript of the record from the reporting service and pays
2for it within the time for filing a motion for rehearing, the
320 calendar day period within which a motion for rehearing may
4be filed shall commence upon the delivery of the transcript to
5the respondent.
6(Source: P.A. 87-784; 87-1000.)
 
7    (225 ILCS 30/130)  (from Ch. 111, par. 8401-130)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 130. Order for rehearing Rehearing. Whenever the
10Secretary Director is not satisfied that substantial justice
11has been done in the revocation, suspension, or refusal to
12issue or renew a license the Secretary Director may order a
13rehearing by the same or other hearing officers examiners.
14(Source: P.A. 87-784.)
 
15    (225 ILCS 30/135)  (from Ch. 111, par. 8401-135)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 135. Hearing officer. The Secretary Director shall
18have the authority to appoint any attorney duly licensed to
19practice law in the State of Illinois to serve as the hearing
20officer in any action for refusal to issue or renew a license
21or to discipline a licensee or person holding a license. The
22hearing officer shall have full authority to conduct the
23hearing. The hearing officer shall report his or her findings
24and recommendations to the Board and the Secretary Director.

 

 

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1The Board shall have 60 calendar days from receipt of the
2report to review the report of the hearing officer and present
3its findings of fact, conclusions of law, and recommendations
4to the Secretary Director. If the Board fails to present its
5report within the 60 calendar day period, the Secretary
6Director may issue an order based on the report of the hearing
7officer. If the Secretary Director disagrees with the
8recommendation of the Board or of the hearing officer, the
9Secretary Director may issue an order in contravention of the
10recommendation.
11(Source: P.A. 87-784; 87-1000.)
 
12    (225 ILCS 30/140)  (from Ch. 111, par. 8401-140)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 140. Order; certified copy. An order or a certified
15copy of an order, over the seal of the Department and
16purporting to be signed by the Secretary Director, shall be
17prima facie proof:
18        (a) that the signature is the genuine signature of the
19    Secretary Director; and
20        (b) that the Secretary Director is duly appointed and
21    qualified. ; and
22        (c) that the Board and the Board members are qualified.
23(Source: P.A. 87-784.)
 
24    (225 ILCS 30/145)  (from Ch. 111, par. 8401-145)

 

 

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1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 145. Restoration of license from discipline. At any
3time after the successful completion of a term of indefinite
4probation, suspension, or revocation of a license, the
5Department may restore the license to the licensee, unless,
6after an investigation and a hearing, the Secretary determines
7that restoration is not in the public interest or that the
8licensee has not been sufficiently rehabilitated to warrant the
9public trust. No person or entity whose license, certificate,
10or authority has been revoked as authorized in this Act may
11apply for restoration of that license, certification, or
12authority until such time as provided for in the Civil
13Administrative Code of Illinois. suspension or revocation of
14any license, the Department may restore the license to the
15accused person upon the written recommendation of the Board,
16unless after an investigation and a hearing the Board
17determines that restoration is not in the public interest.
18(Source: P.A. 87-784.)
 
19    (225 ILCS 30/155)  (from Ch. 111, par. 8401-155)
20    (Section scheduled to be repealed on January 1, 2013)
21    Sec. 155. Summary suspension. The Secretary Director may
22summarily suspend the license of a licensee dietitian or
23nutrition counselor without a hearing, simultaneously with the
24institution of proceedings for a hearing provided for in
25Section 105 of this Act, if the Secretary Director finds that

 

 

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1the evidence in his or her possession indicates that a
2licensee's continuation in practice would constitute an
3imminent danger to the public. In the event that the Secretary
4Director summarily suspends the license of a dietitian or
5nutrition counselor without a hearing, a hearing shall by the
6Board must be commenced held within 30 calendar days after the
7suspension has occurred and shall be concluded as expeditiously
8as possible.
9(Source: P.A. 87-784; 87-1000.)
 
10    (225 ILCS 30/165)  (from Ch. 111, par. 8401-165)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 165. Certification of record; receipt. The Department
13shall not be required to certify any record to the Court or
14file any answer in court or otherwise appear in any court in a
15judicial review proceeding, unless and until the Department has
16received from the plaintiff there is filed in the court, with
17the complaint, a receipt from the Department acknowledging
18payment of the costs of furnishing and certifying the record,
19which costs shall be determined by the Department. Exhibits
20shall be certified without cost. Failure on the part of the
21plaintiff to file a receipt in Court is shall be grounds for
22dismissal of the action.
23(Source: P.A. 87-784.)
 
24    (225 ILCS 30/175)  (from Ch. 111, par. 8401-175)

 

 

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1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 175. Illinois Administrative Procedure Act. The
3Illinois Administrative Procedure Act is expressly adopted and
4incorporated as if all of the provisions of that Act were
5included in this Act, except that the provision of paragraph
6(d) of Section 10-65 of the Illinois Administrative Procedure
7Act, which provides that at hearings the licensee or person
8holding a license has the right to show compliance with all
9lawful requirements for retention or continuation of the
10license, is specifically excluded. For the purpose of this Act,
11the notice required under Section 10-25 of the Illinois
12Administrative Procedure Act is deemed sufficient when mailed
13to the last known address of record of a party.
14(Source: P.A. 87-784; 88-670, eff. 12-2-94.)
 
15    (225 ILCS 30/180)  (from Ch. 111, par. 8401-180)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 180. Home rule. The regulation and licensing of
18dietitian nutritionists dietitians and nutrition counselors
19are exclusive functions of the State. A home rule unit may not
20regulate or license dietitian nutritionists dietitians or
21nutrition counselors. This Section is a limitation and denial
22of home rule powers under paragraph (h) of Section 6 of Article
23VII of the Illinois Constitution.
24(Source: P.A. 87-784.)
 

 

 

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1    (225 ILCS 30/56 rep.)
2    (225 ILCS 30/87 rep.)
3    Section 6. The Dietetic and Nutrition Services Practice Act
4is amended by repealing Sections 56 and 87.
 
5    Section 8. The Elder Abuse and Neglect Act is amended by
6changing Section 2 as follows:
 
7    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
8    Sec. 2. Definitions. As used in this Act, unless the
9context requires otherwise:
10    (a) "Abuse" means causing any physical, mental or sexual
11injury to an eligible adult, including exploitation of such
12adult's financial resources.
13    Nothing in this Act shall be construed to mean that an
14eligible adult is a victim of abuse, neglect, or self-neglect
15for the sole reason that he or she is being furnished with or
16relies upon treatment by spiritual means through prayer alone,
17in accordance with the tenets and practices of a recognized
18church or religious denomination.
19    Nothing in this Act shall be construed to mean that an
20eligible adult is a victim of abuse because of health care
21services provided or not provided by licensed health care
22professionals.
23    (a-5) "Abuser" means a person who abuses, neglects, or
24financially exploits an eligible adult.

 

 

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1    (a-7) "Caregiver" means a person who either as a result of
2a family relationship, voluntarily, or in exchange for
3compensation has assumed responsibility for all or a portion of
4the care of an eligible adult who needs assistance with
5activities of daily living.
6    (b) "Department" means the Department on Aging of the State
7of Illinois.
8    (c) "Director" means the Director of the Department.
9    (d) "Domestic living situation" means a residence where the
10eligible adult at the time of the report lives alone or with
11his or her family or a caregiver, or others, or a board and
12care home or other community-based unlicensed facility, but is
13not:
14        (1) A licensed facility as defined in Section 1-113 of
15    the Nursing Home Care Act;
16        (1.5) A facility licensed under the ID/DD Community
17    Care Act;
18        (1.7) A facility licensed under the Specialized Mental
19    Health Rehabilitation Act;
20        (2) A "life care facility" as defined in the Life Care
21    Facilities Act;
22        (3) A home, institution, or other place operated by the
23    federal government or agency thereof or by the State of
24    Illinois;
25        (4) A hospital, sanitarium, or other institution, the
26    principal activity or business of which is the diagnosis,

 

 

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1    care, and treatment of human illness through the
2    maintenance and operation of organized facilities
3    therefor, which is required to be licensed under the
4    Hospital Licensing Act;
5        (5) A "community living facility" as defined in the
6    Community Living Facilities Licensing Act;
7        (6) (Blank);
8        (7) A "community-integrated living arrangement" as
9    defined in the Community-Integrated Living Arrangements
10    Licensure and Certification Act;
11        (8) An assisted living or shared housing establishment
12    as defined in the Assisted Living and Shared Housing Act;
13    or
14        (9) A supportive living facility as described in
15    Section 5-5.01a of the Illinois Public Aid Code.
16    (e) "Eligible adult" means a person 60 years of age or
17older who resides in a domestic living situation and is, or is
18alleged to be, abused, neglected, or financially exploited by
19another individual or who neglects himself or herself.
20    (f) "Emergency" means a situation in which an eligible
21adult is living in conditions presenting a risk of death or
22physical, mental or sexual injury and the provider agency has
23reason to believe the eligible adult is unable to consent to
24services which would alleviate that risk.
25    (f-5) "Mandated reporter" means any of the following
26persons while engaged in carrying out their professional

 

 

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1duties:
2        (1) a professional or professional's delegate while
3    engaged in: (i) social services, (ii) law enforcement,
4    (iii) education, (iv) the care of an eligible adult or
5    eligible adults, or (v) any of the occupations required to
6    be licensed under the Clinical Psychologist Licensing Act,
7    the Clinical Social Work and Social Work Practice Act, the
8    Illinois Dental Practice Act, the Dietitian Nutritionist
9    the Dietetic and Nutrition Services Practice Act, the
10    Marriage and Family Therapy Licensing Act, the Medical
11    Practice Act of 1987, the Naprapathic Practice Act, the
12    Nurse Practice Act, the Nursing Home Administrators
13    Licensing and Disciplinary Act, the Illinois Occupational
14    Therapy Practice Act, the Illinois Optometric Practice Act
15    of 1987, the Pharmacy Practice Act, the Illinois Physical
16    Therapy Act, the Physician Assistant Practice Act of 1987,
17    the Podiatric Medical Practice Act of 1987, the Respiratory
18    Care Practice Act, the Professional Counselor and Clinical
19    Professional Counselor Licensing and Practice Act, the
20    Illinois Speech-Language Pathology and Audiology Practice
21    Act, the Veterinary Medicine and Surgery Practice Act of
22    2004, and the Illinois Public Accounting Act;
23        (2) an employee of a vocational rehabilitation
24    facility prescribed or supervised by the Department of
25    Human Services;
26        (3) an administrator, employee, or person providing

 

 

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1    services in or through an unlicensed community based
2    facility;
3        (4) any religious practitioner who provides treatment
4    by prayer or spiritual means alone in accordance with the
5    tenets and practices of a recognized church or religious
6    denomination, except as to information received in any
7    confession or sacred communication enjoined by the
8    discipline of the religious denomination to be held
9    confidential;
10        (5) field personnel of the Department of Healthcare and
11    Family Services, Department of Public Health, and
12    Department of Human Services, and any county or municipal
13    health department;
14        (6) personnel of the Department of Human Services, the
15    Guardianship and Advocacy Commission, the State Fire
16    Marshal, local fire departments, the Department on Aging
17    and its subsidiary Area Agencies on Aging and provider
18    agencies, and the Office of State Long Term Care Ombudsman;
19        (7) any employee of the State of Illinois not otherwise
20    specified herein who is involved in providing services to
21    eligible adults, including professionals providing medical
22    or rehabilitation services and all other persons having
23    direct contact with eligible adults;
24        (8) a person who performs the duties of a coroner or
25    medical examiner; or
26        (9) a person who performs the duties of a paramedic or

 

 

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1    an emergency medical technician.
2    (g) "Neglect" means another individual's failure to
3provide an eligible adult with or willful withholding from an
4eligible adult the necessities of life including, but not
5limited to, food, clothing, shelter or health care. This
6subsection does not create any new affirmative duty to provide
7support to eligible adults. Nothing in this Act shall be
8construed to mean that an eligible adult is a victim of neglect
9because of health care services provided or not provided by
10licensed health care professionals.
11    (h) "Provider agency" means any public or nonprofit agency
12in a planning and service area appointed by the regional
13administrative agency with prior approval by the Department on
14Aging to receive and assess reports of alleged or suspected
15abuse, neglect, or financial exploitation.
16    (i) "Regional administrative agency" means any public or
17nonprofit agency in a planning and service area so designated
18by the Department, provided that the designated Area Agency on
19Aging shall be designated the regional administrative agency if
20it so requests. The Department shall assume the functions of
21the regional administrative agency for any planning and service
22area where another agency is not so designated.
23    (i-5) "Self-neglect" means a condition that is the result
24of an eligible adult's inability, due to physical or mental
25impairments, or both, or a diminished capacity, to perform
26essential self-care tasks that substantially threaten his or

 

 

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1her own health, including: providing essential food, clothing,
2shelter, and health care; and obtaining goods and services
3necessary to maintain physical health, mental health,
4emotional well-being, and general safety. The term includes
5compulsive hoarding, which is characterized by the acquisition
6and retention of large quantities of items and materials that
7produce an extensively cluttered living space, which
8significantly impairs the performance of essential self-care
9tasks or otherwise substantially threatens life or safety.
10    (j) "Substantiated case" means a reported case of alleged
11or suspected abuse, neglect, financial exploitation, or
12self-neglect in which a provider agency, after assessment,
13determines that there is reason to believe abuse, neglect, or
14financial exploitation has occurred.
15(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
16eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
17eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12;
1897-813, eff. 7-13-12.)
 
19    Section 10. The Unified Code of Corrections is amended by
20changing Section 5-5-5 as follows:
 
21    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
22    Sec. 5-5-5. Loss and Restoration of Rights.
23    (a) Conviction and disposition shall not entail the loss by
24the defendant of any civil rights, except under this Section

 

 

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1and Sections 29-6 and 29-10 of The Election Code, as now or
2hereafter amended.
3    (b) A person convicted of a felony shall be ineligible to
4hold an office created by the Constitution of this State until
5the completion of his sentence.
6    (c) A person sentenced to imprisonment shall lose his right
7to vote until released from imprisonment.
8    (d) On completion of sentence of imprisonment or upon
9discharge from probation, conditional discharge or periodic
10imprisonment, or at any time thereafter, all license rights and
11privileges granted under the authority of this State which have
12been revoked or suspended because of conviction of an offense
13shall be restored unless the authority having jurisdiction of
14such license rights finds after investigation and hearing that
15restoration is not in the public interest. This paragraph (d)
16shall not apply to the suspension or revocation of a license to
17operate a motor vehicle under the Illinois Vehicle Code.
18    (e) Upon a person's discharge from incarceration or parole,
19or upon a person's discharge from probation or at any time
20thereafter, the committing court may enter an order certifying
21that the sentence has been satisfactorily completed when the
22court believes it would assist in the rehabilitation of the
23person and be consistent with the public welfare. Such order
24may be entered upon the motion of the defendant or the State or
25upon the court's own motion.
26    (f) Upon entry of the order, the court shall issue to the

 

 

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1person in whose favor the order has been entered a certificate
2stating that his behavior after conviction has warranted the
3issuance of the order.
4    (g) This Section shall not affect the right of a defendant
5to collaterally attack his conviction or to rely on it in bar
6of subsequent proceedings for the same offense.
7    (h) No application for any license specified in subsection
8(i) of this Section granted under the authority of this State
9shall be denied by reason of an eligible offender who has
10obtained a certificate of relief from disabilities, as defined
11in Article 5.5 of this Chapter, having been previously
12convicted of one or more criminal offenses, or by reason of a
13finding of lack of "good moral character" when the finding is
14based upon the fact that the applicant has previously been
15convicted of one or more criminal offenses, unless:
16        (1) there is a direct relationship between one or more
17    of the previous criminal offenses and the specific license
18    sought; or
19        (2) the issuance of the license would involve an
20    unreasonable risk to property or to the safety or welfare
21    of specific individuals or the general public.
22    In making such a determination, the licensing agency shall
23consider the following factors:
24        (1) the public policy of this State, as expressed in
25    Article 5.5 of this Chapter, to encourage the licensure and
26    employment of persons previously convicted of one or more

 

 

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1    criminal offenses;
2        (2) the specific duties and responsibilities
3    necessarily related to the license being sought;
4        (3) the bearing, if any, the criminal offenses or
5    offenses for which the person was previously convicted will
6    have on his or her fitness or ability to perform one or
7    more such duties and responsibilities;
8        (4) the time which has elapsed since the occurrence of
9    the criminal offense or offenses;
10        (5) the age of the person at the time of occurrence of
11    the criminal offense or offenses;
12        (6) the seriousness of the offense or offenses;
13        (7) any information produced by the person or produced
14    on his or her behalf in regard to his or her rehabilitation
15    and good conduct, including a certificate of relief from
16    disabilities issued to the applicant, which certificate
17    shall create a presumption of rehabilitation in regard to
18    the offense or offenses specified in the certificate; and
19        (8) the legitimate interest of the licensing agency in
20    protecting property, and the safety and welfare of specific
21    individuals or the general public.
22    (i) A certificate of relief from disabilities shall be
23issued only for a license or certification issued under the
24following Acts:
25        (1) the Animal Welfare Act; except that a certificate
26    of relief from disabilities may not be granted to provide

 

 

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1    for the issuance or restoration of a license under the
2    Animal Welfare Act for any person convicted of violating
3    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
4    Care for Animals Act or Section 26-5 or 48-1 of the
5    Criminal Code of 1961;
6        (2) the Illinois Athletic Trainers Practice Act;
7        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
8    and Nail Technology Act of 1985;
9        (4) the Boiler and Pressure Vessel Repairer Regulation
10    Act;
11        (5) the Boxing and Full-contact Martial Arts Act;
12        (6) the Illinois Certified Shorthand Reporters Act of
13    1984;
14        (7) the Illinois Farm Labor Contractor Certification
15    Act;
16        (8) the Interior Design Title Act;
17        (9) the Illinois Professional Land Surveyor Act of
18    1989;
19        (10) the Illinois Landscape Architecture Act of 1989;
20        (11) the Marriage and Family Therapy Licensing Act;
21        (12) the Private Employment Agency Act;
22        (13) the Professional Counselor and Clinical
23    Professional Counselor Licensing and Practice Act;
24        (14) the Real Estate License Act of 2000;
25        (15) the Illinois Roofing Industry Licensing Act;
26        (16) the Professional Engineering Practice Act of

 

 

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1    1989;
2        (17) the Water Well and Pump Installation Contractor's
3    License Act;
4        (18) the Electrologist Licensing Act;
5        (19) the Auction License Act;
6        (20) the Illinois Architecture Practice Act of 1989;
7        (21) the Dietitian Nutritionist Dietetic and Nutrition
8    Services Practice Act;
9        (22) the Environmental Health Practitioner Licensing
10    Act;
11        (23) the Funeral Directors and Embalmers Licensing
12    Code;
13        (24) the Land Sales Registration Act of 1999;
14        (25) the Professional Geologist Licensing Act;
15        (26) the Illinois Public Accounting Act; and
16        (27) the Structural Engineering Practice Act of 1989.
17(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11;
1897-706, eff. 6-25-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.