(225 ILCS 2/110)
(Section scheduled to be repealed on January 1, 2028)
Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, place on probation,
suspend, revoke or take other disciplinary or non-disciplinary action as deemed appropriate
including the imposition of fines not to exceed $10,000 for each
as the Department may deem proper,
regard to a license for any one or combination of the
(1) Violations of this Act or its rules.
(2) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of the profession.
(3) Making any misrepresentation for the purpose of
(4) Aiding or assisting another person in violating
any provision of this Act or its rules.
(5) Failing to provide information within 60 days in
response to a written request made by the Department which has been sent by certified or registered mail to the licensee's address of record or by email to the licensee's email address of record.
(6) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to one set forth in this Section.
(7) Solicitation of professional services by means
other than permitted under this Act.
(8) Failure to provide a patient with a copy of his
or her record upon the written request of the patient.
(9) Gross negligence in the practice of acupuncture.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in an acupuncturist's inability to practice with reasonable judgment, skill, or safety.
(11) A finding that licensure has been applied for or
obtained by fraudulent means.
(12) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under this Act.
(13) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or a neglected child as defined in the Abused and Neglected Child Reporting Act.
(14) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(15) The use of any words, abbreviations, figures or
letters (such as "Acupuncturist", "Licensed Acupuncturist", "Certified Acupuncturist", "Doctor of Acupuncture and Chinese Medicine", "Doctor of Acupuncture and Oriental Medicine", "Doctor of Acupuncture", "Oriental Medicine Practitioner", "Licensed Oriental Medicine Practitioner", "Oriental Medicine Doctor", "Licensed Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.", "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any designation used by the Accreditation Commission for Acupuncture and Oriental Medicine with the intention of indicating practice as a licensed acupuncturist without a valid license as an acupuncturist issued under this Act.
When the name of the licensed acupuncturist is used
professionally in oral, written, or printed announcements, professional cards, or publications for the information of the public, the degree title or degree abbreviation shall be added immediately following title and name. When the announcement, professional card, or publication is in writing or in print, the explanatory addition shall be in writing, type, or print not less than 1/2 the size of that used in the name and title. No person other than the holder of a valid existing license under this Act shall use the title and designation of "acupuncturist", either directly or indirectly, in connection with his or her profession or business.
(16) Using claims of superior quality of care to
entice the public or advertising fee comparisons of available services with those of other persons providing acupuncture services.
(17) Advertising of professional services that the
offeror of the services is not licensed to render. Advertising of professional services that contains false, fraudulent, deceptive, or misleading material or guarantees of success, statements that play upon the vanity or fears of the public, or statements that promote or produce unfair competition.
(18) Having treated ailments other than by the
practice of acupuncture as defined in this Act, or having treated ailments of as a licensed acupuncturist pursuant to a referral by written order that provides for management of the patient by a physician or dentist without having notified the physician or dentist who established the diagnosis that the patient is receiving acupuncture treatments.
(19) Unethical, unauthorized, or unprofessional
conduct as defined by rule.
(20) Physical illness, mental illness, or other
impairment that results in the inability to practice the profession with reasonable judgment, skill, and safety, including, without limitation, deterioration through the aging process, mental illness, or disability.
(21) Violation of the Health Care Worker
(22) Failure to refer a patient whose condition
should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the acupuncturist to a licensed physician or dentist.
The entry of an order by a circuit court establishing that any person
holding a license under this Act is subject to involuntary admission or
judicial admission as provided for in the Mental Health and Developmental
Disabilities Code operates as an automatic suspension of that license. That
person may have his or her license restored only upon the determination by a
circuit court that the patient is no longer subject to involuntary admission or
judicial admission and the issuance of an order so finding and discharging the
patient and upon the Board's recommendation to the Department that the license
be restored. Where the circumstances so indicate, the Board may recommend to
the Department that it require an examination prior to restoring a suspended
The Department may refuse to issue or renew the license
of any person
fails to (i) file a return or to pay the tax,
penalty or interest shown in a filed return or (ii) pay any final
assessment of the tax, penalty, or interest as required by any tax
Act administered by the Illinois Department of Revenue, until the
time that the requirements of that tax Act are satisfied.
In enforcing this Section, the Department upon a showing of
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The Department may order the examining physician to
testimony concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician. The examining
shall be specifically designated by the Department.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit to a mental
physical examination, when directed, shall be grounds for suspension of his or
license until the individual submits to the examination if the Department
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department finds an individual unable to practice because of
set forth in this Section, the Department may require that individual
care, counseling, or treatment by physicians approved
or designated by the Department, as a condition, term, or restriction
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, restored, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
such terms, conditions, or restrictions, shall be referred to the Secretary for
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30 days after the suspension and completed without
The Department and Board shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
An individual licensed under this Act and affected under this Section shall
afforded an opportunity to demonstrate to the Department that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-375, eff. 8-25-17.)