Full Text of SB1229 98th General Assembly
SB1229sam002 98TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 4/9/2013
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| 1 | | AMENDMENT TO SENATE BILL 1229
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1229, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Dietitian Nutritionist Practice Act is | 6 | | amended by changing Sections 10 and 95 and by adding Section 17 | 7 | | as follows:
| 8 | | (225 ILCS 30/10) (from Ch. 111, par. 8401-10)
| 9 | | (Section scheduled to be repealed on January 1, 2023)
| 10 | | Sec. 10. Definitions. As used in this Act:
| 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's or licensee's application
| 13 | | file or license file as maintained by the Department's | 14 | | licensure maintenance unit. It is the duty of the applicant or
| 15 | | licensee to inform the Department of any change of address and | 16 | | those changes must be made either through the Department's |
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| 1 | | website or by contacting the Department. | 2 | | "Board" means the Dietitian Nutritionist Practice Board
| 3 | | appointed by the Secretary.
| 4 | | "Certified clinical nutritionist" means an individual | 5 | | certified by the Clinical Nutrition Certification Board. | 6 | | "Certified nutrition specialist" means an individual | 7 | | certified by the Certification Board for of Nutrition | 8 | | Specialists. | 9 | | "Department" means the Department of Financial and | 10 | | Professional Regulation.
| 11 | | "Dietetics and nutrition services" means the integration | 12 | | and application of principles derived from the sciences of food | 13 | | and nutrition to provide for all aspects of nutrition care for | 14 | | individuals and groups, including, but not limited to: | 15 | | (1) nutrition counseling; "nutrition counseling" means | 16 | | advising and assisting individuals or groups on | 17 | | appropriate nutrition intake by integrating information | 18 | | from the nutrition assessment; | 19 | | (2) nutrition assessment; "nutrition assessment" means | 20 | | the evaluation of the nutrition needs of individuals or | 21 | | groups using appropriate data to determine nutrient needs | 22 | | or status and make appropriate nutrition recommendations; | 23 | | (3) medically prescribed diet; "medically prescribed | 24 | | diet" is one form of medical nutrition therapy and means a | 25 | | diet prescribed when specific food or nutrient levels need | 26 | | to be monitored, altered, or both as a component of a |
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| 1 | | treatment program for an individual whose health status is | 2 | | impaired or at risk due to disease, injury, or surgery and | 3 | | may only be performed as initiated by or in consultation | 4 | | with a physician licensed under the Medical Practice Act of | 5 | | 1987 acting within the scope of his or her practice, except | 6 | | that a medically prescribed diet for a resident of a | 7 | | nursing home shall only be performed as initiated by or in | 8 | | consultation with a physician licensed to practice | 9 | | medicine in all of its branches; | 10 | | (4) medical nutrition therapy; "medical nutrition
| 11 | | therapy" means the component of nutrition care that deals | 12 | | with the systematic use of food and oral supplementation, | 13 | | based on the nutrition assessment and individual health | 14 | | status and need to manage health conditions; medical | 15 | | nutrition therapy; "medical nutrition therapy" means the | 16 | | component of nutrition care that deals with: | 17 | | (A) interpreting and recommending nutrient needs | 18 | | relative to medically prescribed diets, including, but | 19 | | not limited to, enteral feedings, specialized | 20 | | intravenous solutions, and specialized oral feedings; | 21 | | (B) food and prescription drug interactions; and | 22 | | (C) developing and managing food service | 23 | | operations whose chief function is nutrition care and | 24 | | provision of medically prescribed diets; | 25 | | (5) nutrition services for individuals and groups; | 26 | | "nutrition services for individuals and groups" includes, |
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| 1 | | but is not limited to, all of the following: | 2 | | (A) providing nutrition assessments relative to | 3 | | preventive maintenance or restorative care; | 4 | | (B) providing nutrition education and nutrition | 5 | | counseling as components of preventive maintenance or | 6 | | restorative care; and | 7 | | (C) developing and managing systems whose chief | 8 | | function is nutrition care; nutrition services for | 9 | | individuals and groups does not include medical | 10 | | nutrition therapy as defined in this Act; and | 11 | | (6) restorative; "restorative" means the component of | 12 | | nutrition care that deals with oral dietary needs for | 13 | | individuals and groups; activities shall relate to the | 14 | | metabolism of food and the requirements for nutrients, | 15 | | including dietary supplements for growth, development, | 16 | | maintenance, or attainment of optimal health.
| 17 | | "Diplomate of the American Clinical Board of Nutrition" | 18 | | means an individual certified by the American Clinical Board of | 19 | | Nutrition.
| 20 | | "Licensed dietitian nutritionist" means a person licensed | 21 | | under this Act to
practice dietetics and nutrition services, as | 22 | | defined in this Section.
Activities of a licensed dietitian | 23 | | nutritionist do not include the medical
differential diagnosis | 24 | | of the health status of an individual.
| 25 | | "Practice experience" means a preprofessional, documented, | 26 | | supervised
practice in dietetics or nutrition services that is |
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| 1 | | acceptable to the
Department in compliance with requirements | 2 | | for licensure, as specified in Section
45. It may be or may | 3 | | include a documented, supervised
practice experience which is a | 4 | | component of the educational requirements
for licensure, as | 5 | | specified in Section 45.
| 6 | | "Registered dietitian" means an individual registered with | 7 | | the Commission
on Dietetic Registration, the accrediting body | 8 | | of the Academy of Nutrition and Dietetics, formerly known as | 9 | | the American
Dietetic
Association.
| 10 | | "Secretary" means the Secretary of Financial and | 11 | | Professional Regulation. | 12 | | "Telepractice" means the delivery of services under this | 13 | | Act by means other than in-person, including, but not limited | 14 | | to, telephone, email, internet, or other methods of electronic | 15 | | communication. Telepractice is not prohibited under this Act | 16 | | provided that the provision of telepractice services is | 17 | | appropriate for the client and the level of care provided meets | 18 | | the required level of care for that client. Individuals | 19 | | providing services regulated by this Act via telepractice shall | 20 | | comply with and are subject to all licensing and disciplinary | 21 | | provisions of this Act.
| 22 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 23 | | (225 ILCS 30/17 new) | 24 | | Sec. 17. Other activities subject to licensure under this | 25 | | Act. |
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| 1 | | (1) Enteral and parenteral nutrition therapy shall consist | 2 | | of enteral feedings or specialized intravenous solutions and | 3 | | shall only be performed by an individual licensed under this | 4 | | Act who: | 5 | | (a) is a registered dietitian registered with the | 6 | | Commission on Dietetic Registration, the accrediting body | 7 | | of the Academy of Nutrition and Dietetics, formerly known | 8 | | as the American Dietetic Association; | 9 | | (b) is a certified nutrition support clinician as | 10 | | certified by the National Board of Nutrition Support | 11 | | Certification; or | 12 | | (c) meets the requirements set forth in the rules of | 13 | | the Department. | 14 | | (2) Developing and managing food service operations whose | 15 | | chief function is nutrition care shall only be performed by an | 16 | | individual licensed under this Act.
| 17 | | (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
| 18 | | (Section scheduled to be repealed on January 1, 2023)
| 19 | | Sec. 95. Grounds for discipline.
| 20 | | (1) The Department may refuse to issue or
renew, or may | 21 | | revoke, suspend, place on probation, reprimand, or take other
| 22 | | disciplinary or non-disciplinary action as the Department may | 23 | | deem appropriate, including imposing fines not to
exceed | 24 | | $10,000 for each violation, with regard to any license or | 25 | | certificate for
any one or combination of the following causes:
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| 1 | | (a) Material misstatement in furnishing information to | 2 | | the Department.
| 3 | | (b) Violations of this Act or of
rules adopted under | 4 | | this Act.
| 5 | | (c) Conviction by plea of guilty or nolo contendere, | 6 | | finding of guilt, jury verdict, or entry of judgment or by | 7 | | sentencing of any crime, including, but not limited to, | 8 | | convictions, preceding sentences of supervision, | 9 | | conditional discharge, or first offender probation, under | 10 | | the laws of any jurisdiction of the United States (i) that | 11 | | is a felony or (ii) that is a misdemeanor, an essential | 12 | | element of which is dishonesty, or that is directly related | 13 | | to the practice of the profession.
| 14 | | (d) Fraud or any misrepresentation in applying for or | 15 | | procuring a license under this Act or in connection with | 16 | | applying for renewal of a license under this Act.
| 17 | | (e) Professional incompetence or gross negligence.
| 18 | | (f) Malpractice.
| 19 | | (g) Aiding or assisting another person in violating any | 20 | | provision of
this Act or its rules.
| 21 | | (h) Failing to provide information within 60 days in | 22 | | response to a
written request made by the Department.
| 23 | | (i) Engaging in dishonorable, unethical or | 24 | | unprofessional conduct of a
character likely to deceive, | 25 | | defraud, or harm the public.
| 26 | | (j) Habitual or excessive use or abuse of drugs defined |
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| 1 | | in law as controlled substances, alcohol, or any other | 2 | | substance that results in the
inability to practice with | 3 | | reasonable judgment, skill, or safety.
| 4 | | (k) Discipline by another state, the District of | 5 | | Columbia, territory, country, or governmental agency if at | 6 | | least one
of the grounds for the discipline is the same or | 7 | | substantially equivalent
to those set forth in this Act.
| 8 | | (l) Charging for professional services not rendered, | 9 | | including filing false statements for the collection of | 10 | | fees for which services are not rendered. Nothing in this | 11 | | paragraph (1) affects any bona fide independent contractor | 12 | | or employment arrangements among health care | 13 | | professionals, health facilities, health care providers, | 14 | | or other entities, except as otherwise prohibited by law. | 15 | | Any employment arrangements may include provisions for | 16 | | compensation, health insurance, pension, or other | 17 | | employment benefits for the provision of services within | 18 | | the scope of the licensee's practice under this Act. | 19 | | Nothing in this paragraph (1) shall be construed to require | 20 | | an employment arrangement to receive professional fees for | 21 | | services rendered.
| 22 | | (m) A finding by the Department that the licensee, | 23 | | after having his or her
license placed on probationary | 24 | | status, has violated the terms of probation.
| 25 | | (n) Willfully making or filing false records or reports | 26 | | in his or her practice, including, but not limited to, |
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| 1 | | false records filed with State agencies or departments.
| 2 | | (o) Allowing one's license under this Act to be used by | 3 | | an unlicensed person in violation of this Act.
| 4 | | (p) Practicing under a false or, except as provided by | 5 | | law, an assumed name.
| 6 | | (q) Gross and willful overcharging for professional | 7 | | services.
| 8 | | (r) (Blank).
| 9 | | (s) Willfully failing to report an instance of | 10 | | suspected child abuse
or neglect as required by the Abused | 11 | | and Neglected Child Reporting Act.
| 12 | | (t) Cheating on or attempting to subvert a licensing | 13 | | examination administered under this Act. | 14 | | (u) Mental illness or disability that results in the | 15 | | inability to practice under this Act with reasonable | 16 | | judgment, skill, or safety. | 17 | | (v) Physical illness, including, but not limited to, | 18 | | deterioration through the aging process or loss of motor | 19 | | skill that results in a licensee's inability to practice | 20 | | under this Act with reasonable judgment, skill, or safety. | 21 | | (w) Advising an individual to discontinue, reduce, | 22 | | increase, or otherwise alter the intake of a drug | 23 | | prescribed by a physician licensed to practice medicine in | 24 | | all its branches or by a prescriber as defined in Section | 25 | | 102 of the Illinois Controlled Substance Act. | 26 | | (2) The Department may refuse to issue or may suspend |
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| 1 | | without hearing, as provided for in the Code of Civil | 2 | | Procedure, the license of any person who fails to file a | 3 | | return, or pay the tax, penalty, or interest shown in a filed | 4 | | return, or pay any final assessment of the tax, penalty, or | 5 | | interest as required by any tax Act administered by the | 6 | | Illinois Department of Revenue, until such time as the | 7 | | requirements of any such tax Act are satisfied in accordance | 8 | | with subsection (g) of Section 2105-15 of the Civil | 9 | | Administrative Code of Illinois. | 10 | | (3) The Department shall deny a license or renewal | 11 | | authorized by this Act to a person who has defaulted on an | 12 | | educational loan or scholarship provided or guaranteed by the | 13 | | Illinois Student Assistance Commission or any governmental | 14 | | agency of this State in accordance with item (5) of subsection | 15 | | (a) of Section 2105-15 of the Civil Administrative Code of | 16 | | Illinois. | 17 | | (4) In cases where the Department of Healthcare and Family | 18 | | Services has previously determined a licensee or a potential | 19 | | licensee is more than 30 days delinquent in the payment of | 20 | | child support and has subsequently certified the delinquency to | 21 | | the Department, the Department may refuse to issue or renew or | 22 | | may revoke or suspend that person's license or may take other | 23 | | disciplinary action against that person based solely upon the | 24 | | certification of delinquency made by the Department of | 25 | | Healthcare and Family Services in accordance with item (5) of | 26 | | subsection (a) of Section 1205-15 of the Civil Administrative |
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| 1 | | Code of Illinois. | 2 | | (5) The determination by a circuit court that a licensee is | 3 | | subject to involuntary admission or judicial admission, as | 4 | | provided in the Mental Health and Developmental Disabilities | 5 | | Code, operates as an automatic suspension. The suspension shall | 6 | | end only upon a finding by a court that the patient is no | 7 | | longer subject to involuntary admission or judicial admission | 8 | | and the issuance of an order so finding and discharging the | 9 | | patient. | 10 | | (6) In enforcing this Act, the Department, upon a showing | 11 | | of a possible violation, may compel an individual licensed to | 12 | | practice under this Act, or who has applied for licensure under | 13 | | this Act, to submit to a mental or physical examination, or | 14 | | both, as required by and at the expense of the Department. The | 15 | | Department may order the examining physician to present | 16 | | testimony concerning the mental or physical examination of the | 17 | | licensee or applicant. No information shall be excluded by | 18 | | reason of any common law or statutory privilege relating to | 19 | | communications between the licensee or applicant and the | 20 | | examining physician. The examining physicians shall be | 21 | | specifically designated by the Department. The individual to be | 22 | | examined may have, at his or her own expense, another physician | 23 | | of his or her choice present during all aspects of this | 24 | | examination. The examination shall be performed by a physician | 25 | | licensed to practice medicine in all its branches. Failure of | 26 | | an individual to submit to a mental or physical examination, |
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| 1 | | when directed, shall result in an automatic suspension without | 2 | | hearing. | 3 | | A person holding a license under this Act or who has | 4 | | applied for a license under this Act who, because of a physical | 5 | | or mental illness or disability, including, but not limited to, | 6 | | deterioration through the aging process or loss of motor skill, | 7 | | is unable to practice the profession with reasonable judgment, | 8 | | skill, or safety, may be required by the Department to submit | 9 | | to care, counseling, or treatment by physicians approved or | 10 | | designated by the Department as a condition, term, or | 11 | | restriction for continued, reinstated, or renewed licensure to | 12 | | practice. Submission to care, counseling, or treatment as | 13 | | required by the Department shall not be considered discipline | 14 | | of a license. If the licensee refuses to enter into a care, | 15 | | counseling, or treatment agreement or fails to abide by the | 16 | | terms of the agreement, then the Department may file a | 17 | | complaint to revoke, suspend, or otherwise discipline the | 18 | | license of the individual. The Secretary may order the license | 19 | | suspended immediately, pending a hearing by the Department. | 20 | | Fines shall not be assessed in disciplinary actions involving | 21 | | physical or mental illness or impairment. | 22 | | In instances in which the Secretary immediately suspends a | 23 | | person's license under this Section, a hearing on that person's | 24 | | license must be convened by the Department within 15 days after | 25 | | the suspension and completed without appreciable delay. The | 26 | | Department shall have the authority to review the subject |
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| 1 | | individual's record of treatment and counseling regarding the | 2 | | impairment to the extent permitted by applicable federal | 3 | | statutes and regulations safeguarding the confidentiality of
| 4 | | medical records. | 5 | | An individual licensed under this Act and affected under | 6 | | this Section shall be afforded an opportunity to demonstrate to | 7 | | the Department that he or she can resume practice in compliance | 8 | | with acceptable and prevailing standards under the provisions | 9 | | of his or her license.
| 10 | | (Source: P.A. 96-1482, eff. 11-29-10; 97-1141, eff. 12-28-12.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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