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90_SB0857enr
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Amends the Regulatory Agency Sunset Act to extend the
sunset date of the Marriage and Family Therapy Licensing Act,
the Illinois Nursing Act of 1987, the Nursing Home
Administrators Licensing and Disciplinary Act, the Physician
Assistant Practice Act of 1987, and the Illinois
Speech-Language Pathology and Audiology Practice Act to
January 1, 2008. Amends the Acupuncture Practice Act. Grants
additional rulemaking authority to the Department of
Professional Regulation. Changes the registration
requirements to licensing requirements. Establishes the Board
of Acupuncture and sets forth its powers and duties. Requires
an applicant for licensure to provide proof to the Department
that he or she has passed the National Commission for the
Certification of Acupuncturists examination or a
substantially equivalent examination approved by the
Department. Provides that an applicant has 3 years from the
date of application to complete the application process. Sets
forth the procedures for restoring an expired license and
placing a license on inactive status. Amends the Marriage and
Family Therapy Licensing Act, the Illinois Nursing Act of
1987, the Nursing Home Administrators Licensing and
Disciplinary Act, the Physician Assistant Practice Act of
1987, and the Illinois Speech-Language Pathology and
Audiology Practice Act. Allows the Department or the Board or
Committee to compel a licensee or applicant for licensure to
submit to a mental or physical examination upon a showing of
a possible violation of the Acts. Amends the licensing Acts
to delete specified fee requirements and to provide that the
Department of Professional Regulation shall set by rule fees
for the administration of each licensing Act. In each
licensing Act amended, makes technical and additional
substantive changes. Reorganizes certain provisions within
the Act. Deletes obsolete language in each licensing Act.
Effective December 30, 1997, except that changes to the
Acupuncture Practice Act take effect immediately.
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1 AN ACT to extend the boards of the Marriage and Family
2 Therapy Licensing Act and the Nursing Home Administrators
3 Licensing and Disciplinary Act and the committees of the
4 Illinois Nursing Act of 1987 and the Physician Assistant
5 Practice Act of 1987, concerning regulated professions, and
6 amending named Acts.
7 Be it enacted by the People of the State of Illinois,
8 represented in the General Assembly:
9 Section 5. The Regulatory Agency Sunset Act is amended
10 by changing Section 4.9 and adding Section 4.18 as follows:
11 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
12 (Text of Section before amendment by P.A. 89-702)
13 Sec. 4.9. The following Acts are repealed December 31,
14 1997:
15 The Medical Practice Act of 1987.
16 The Illinois Optometric Practice Act of 1987.
17 The Podiatric Medical Practice Act of 1987.
18 The Nursing Home Administrators Licensing and
19 Disciplinary Act.
20 The Physician Assistant Practice Act of 1987.
21 The Illinois Nursing Act of 1987.
22 The Clinical Social Work and Social Work Practice Act.
23 The Clinical Psychologist Licensing Act.
24 The Illinois Speech-Language Pathology and Audiology
25 Practice Act.
26 The Marriage and Family Therapy Licensing Act.
27 (Source: P.A. 89-706, eff. 1-31-97.)
28 (Text of Section after amendment by P.A. 89-702)
29 Sec. 4.9. The following Acts are repealed December 31,
30 1997:
31 The Podiatric Medical Practice Act of 1987.
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1 The Nursing Home Administrators Licensing and
2 Disciplinary Act.
3 The Physician Assistant Practice Act of 1987.
4 The Illinois Nursing Act of 1987.
5 The Clinical Social Work and Social Work Practice Act.
6 The Illinois Speech-Language Pathology and Audiology
7 Practice Act.
8 The Marriage and Family Therapy Licensing Act.
9 (Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
10 revised 2-7-97.)
11 (5 ILCS 80/4.18 new)
12 Sec. 4.18. Act repealed on January 1, 2008. The following
13 Act is repealed on January 1, 2008:
14 The Nursing Home Administrators Licensing and
15 Disciplinary Act.
16 The Physician Assistant Practice Act of 1987.
17 The Illinois Nursing Act of 1987.
18 The Marriage and Family Therapy Licensing Act.
19 Section 10. The Acupuncture Practice Act is amended by
20 changing Sections 10, 15, 20, 25, 35, 40, 50, 60, 70, 80, 90,
21 100, 110, 130, 140, 145, 150, 155, 160, 165, 170, 175, 180,
22 185, and 195 and by adding Sections 55, 75, 105, 135, 152,
23 and 154 as follows:
24 (225 ILCS 2/10)
25 Sec. 10. Definitions. As used in this Act:
26 "Acupuncture" means the evaluation or treatment of
27 persons affected through a method of stimulation of a certain
28 point or points on or immediately below the surface of the
29 body by the insertion of pre-sterilized, single-use,
30 disposable needles, unless medically contraindicated, with or
31 without the application of heat, electronic stimulation, or
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1 manual pressure to prevent or modify the perception of pain,
2 to normalize physiological functions, or for the treatment of
3 certain diseases or dysfunctions of the body. Acupuncture
4 does not include radiology, electrosurgery, chiropractic
5 technique, physical therapy, naprapathic technique, use or
6 prescribing of any drugs, medications, herbal preparations,
7 nutritional supplements, serums, or vaccines, or
8 determination of a differential diagnosis. An acupuncturist
9 registered under this Act who is not also licensed as a
10 physical therapist under the Illinois Physical Therapy Act
11 shall not hold himself or herself out as being qualified to
12 provide physical therapy or physiotherapy services. An
13 acupuncturist shall refer to a licensed physician or dentist,
14 any patient whose condition should, at the time of evaluation
15 or treatment, be determined to be beyond the scope of
16 practice of the acupuncturist.
17 "Acupuncturist" means a person who practices acupuncture
18 and who is licensed by the Department has met all
19 requirements as provided in this Act.
20 "Board" means the Board of Acupuncture.
21 "Dentist" means a person licensed under the Illinois
22 Dental Practice Act.
23 "Department" means the Department of Professional
24 Regulation.
25 "Director" means the Director of Professional Regulation.
26 "Physician" means a person licensed under the Medical
27 Practice Act of 1987.
28 "Referral by written order" for purposes of this Act
29 means a diagnosis, substantiated by signature of a physician
30 or dentist, that a patient's condition is such that it may be
31 treated by acupuncture as defined in this Act. The diagnosis
32 shall remain in effect until changed by the physician or
33 dentist who shall maintain management of the patient.
34 "State" includes:
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1 (1) the states of the United States of America;
2 (2) the District of Columbia; and
3 (3) the Commonwealth of Puerto Rico.
4 (Source: P.A. 89-706, eff. 1-31-97.)
5 (225 ILCS 2/15)
6 Sec. 15. Who may practice acupuncture. No person
7 licensed registered under this Act may treat human ailments
8 otherwise than by the practice of acupuncture as defined in
9 this Act; and no person licensed registered under this Act
10 may practice acupuncture on another person without having on
11 file a written referral order from a physician or dentist
12 licensed in Illinois. A physician or dentist licensed in
13 Illinois may practice acupuncture.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/20)
16 Sec. 20. Registration; Exempt activities. This Act does
17 not prohibit any person licensed in this State as a dentist
18 or physician from engaging in the practice for which he or
19 she is licensed.
20 (Source: P.A. 89-706, eff. 1-31-97.)
21 (225 ILCS 2/25)
22 Sec. 25. Powers and duties of Department. Subject to
23 the provisions of this Act, The Department shall exercise
24 powers and duties under this Act as follows:
25 (1) Review applications to ascertain the
26 qualifications of applicants for licensure registration.
27 (2) Adopt rules consistent with the provisions of
28 this Act for its administration and enforcement and may
29 prescribe forms that shall be used in connection with
30 this Act. The rules may define standards and criteria
31 for professional conduct and discipline. The Department
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1 shall consult with the Board in adopting rules. Notice
2 of proposed rulemaking shall be transmitted to the Board,
3 and the Department shall review the Board's response and
4 any recommendations made in the response.
5 (3) The Department may at any time seek the advice
6 and the expert knowledge of the Board on any matter
7 relating to the administration of this Act.
8 (3) Submit all registered complaints related to the
9 profession received by the Department to the Acupuncture
10 Examining Committee for review. The Department shall
11 also submit all complaints to the Medical Licensing Board
12 for review.
13 (4) Maintain a list of registered acupuncturists
14 authorized to practice in the State. This list shall
15 show the name of every registrant, his or her last known
16 place of residence, and the date and number of his or her
17 registration. Any interested person in the State may
18 obtain a copy of that list on application to the Director
19 and payment of the required fee.
20 (Source: P.A. 89-706, eff. 1-31-97.)
21 (225 ILCS 2/35)
22 Sec. 35. Board of Acupuncture. The Director shall
23 appoint a Board of Acupuncture to consist of 7 persons who
24 shall be appointed by and shall serve in an advisory capacity
25 to the Director. Four members must hold an active license to
26 engage in the practice of acupuncture in this State, one
27 member shall be a chiropractic physician licensed under the
28 Medical Practice Act of 1987 who is actively engaged in the
29 practice of acupuncture, one member shall be a physician
30 licensed to practice medicine in all of its branches in
31 Illinois, and one member must be a member of the public who
32 is not licensed under this Act or a similar Act of another
33 jurisdiction and who has no connection with the profession.
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1 The initial appointees who would otherwise be required to be
2 licensed acupuncturists shall instead be individuals who have
3 been practicing acupuncture for at least 5 years and who are
4 eligible under this Act for licensure as acupuncturists.
5 Members shall serve 4-year terms and until their
6 successors are appointed and qualified, except that of the
7 initial appointments, one member shall be appointed to serve
8 for 1 year, 2 members shall be appointed to serve for 2
9 years, 2 members shall be appointed to serve for 3 years, and
10 2 members shall be appointed to serve for 4 years and until
11 their successors are appointed and qualified. No member
12 shall be reappointed to the Board for a term that would cause
13 his or her continuous service on the Board to be longer than
14 8 consecutive years. Appointments to fill vacancies shall be
15 made in the same manner as original appointments for the
16 unexpired portion of the vacated term. Initial terms shall
17 begin upon the effective date of this amendatory Act of 1997.
18 The Board shall annually elect a chairperson and a
19 vice-chairperson who shall preside in the absence of the
20 chairperson. The membership of the Board should reasonably
21 reflect representation from the geographic areas in this
22 State. The Director may terminate the appointment of any
23 member for cause. The Director may give due consideration to
24 all recommendations of the Board. A majority of the Board
25 members currently appointed shall constitute a quorum. A
26 vacancy in the membership of the Board shall not impair the
27 right of a quorum to exercise the right and perform all the
28 duties of the Board. Members of the Board shall have no
29 liability in any action based upon any disciplinary
30 proceeding or other activity performed in good faith as a
31 member of the Board. Requirements for registration. No
32 person shall be registered to practice acupuncture unless he
33 or she has paid the required registration fee and
34 demonstrated competence in performing acupuncture by
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1 submitting proof of passing the National Commission for the
2 Certification of Acupuncturists examination.
3 (Source: P.A. 89-706, eff. 1-31-97.)
4 (225 ILCS 2/40)
5 Sec. 40. Application for licensure registration.
6 Applications for original licensure registration as an
7 acupuncturist shall be made to the Department in writing on
8 forms prescribed by the Department and shall be accompanied
9 by the required fee, which shall not be refundable.
10 Applicants shall submit with the application proof of
11 passing the National Commission for the Certification of
12 Acupuncturists examination or a substantially equivalent
13 examination approved by the Department or meeting any other
14 qualifications established by the Department.
15 An applicant has 3 years from the date of his or her
16 application to complete the application process. If the
17 process has not been completed in 3 years, the application
18 shall be denied, the fee shall be forfeited, and the
19 applicant must reapply and meet the requirements in effect at
20 the time of reapplication. Each application shall contain
21 proof of the particular qualifications required of the
22 applicant and shall be verified by the applicant under oath
23 or affirmation.
24 (Source: P.A. 89-706, eff. 1-31-97.)
25 (225 ILCS 2/50)
26 Sec. 50. Practice prohibited Title and designation of
27 registered acupuncturists. Unless he or she has been issued,
28 by the Department, a valid, existing license registration as
29 an acupuncturist under this Act, no person may use the title
30 and designation of "Acupuncturist", "Licensed Registered
31 Acupuncturist", "Certified Acupuncturist", "C.A.", "Act.",
32 "Lic. Reg. Act.", or "Lic. Reg. Ac." either directly or
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1 indirectly, in connection with his or her profession or
2 business. No person licensed registered under this Act may
3 use the designation "medical", directly or indirectly, in
4 connection with his or her profession or business. Nothing
5 shall prevent a physician from using the designation
6 "Acupuncturist".
7 No person may practice, offer to practice, attempt to
8 practice, or hold himself or herself out to practice as a
9 licensed acupuncturist without being licensed under this Act.
10 (Source: P.A. 89-706, eff. 1-31-97.)
11 (225 ILCS 2/55 new)
12 Sec. 55. Endorsement. The Department may, at its
13 discretion, license as an acupuncturist without examination,
14 on payment of the fee, an applicant for licensure who is an
15 acupuncturist under the laws of another state if the
16 requirements pertaining to acupuncture in that state were at
17 the date of his or her licensure substantially equal to the
18 requirements in force in Illinois on that date or if an
19 applicant possesses individual qualifications that are
20 substantially equal to the requirements under this Act.
21 An applicant has 3 years from the date of his or her
22 application to complete the application process. If the
23 process has not been completed in 3 years, the application
24 shall be denied, the fee shall be forfeited, and the
25 applicant must reapply and meet the requirements in effect at
26 the time of reapplication.
27 (225 ILCS 2/60)
28 Sec. 60. Display of license registration certificate;
29 change of address. A holder of a license registration
30 certificate under this Act shall display the license
31 certificate in a conspicuous place in the office or offices
32 where the holder practices acupuncture. A licensee
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1 registrant shall, whenever requested, exhibit his or her
2 license certificate of registration to any representative of
3 the Department and shall notify the Department of the address
4 or addresses, and of every change of address, where the
5 licensee registrant practices acupuncture.
6 (Source: P.A. 89-706, eff. 1-31-97.)
7 (225 ILCS 2/70)
8 Sec. 70. Renewal, reinstatement, or restoration of
9 license registration; continuing education; military service.
10 The expiration date and renewal period for each license
11 registration issued under this Act shall be set by rule. The
12 holder of a license registration certificate may renew that
13 license registration during the month preceding its
14 expiration date by paying the required fee.
15 In order to renew or restore a license, All renewal
16 applicants shall provide proof of having met the requirements
17 of continuing education registration set forth in the rules
18 of the Department.
19 A person who has permitted his or her license to expire
20 or who has had his or her license on inactive status may have
21 the license restored by submitting an application to the
22 Department, by meeting continuing education requirements, and
23 by filing proof acceptable to the Department of fitness to
24 have the license restored, which may include sworn evidence
25 certifying to active practice in another jurisdiction
26 satisfactory to the Department and by paying the required
27 restoration fee. If the person has not maintained an active
28 practice in another jurisdiction satisfactory to the
29 Department, the Department shall determine, by an evaluation
30 program established by rule, his or her fitness to resume
31 active status and may require the person to complete a period
32 of evaluated clinical experience and may require successful
33 completion of a practical examination.
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1 Any acupuncturist whose license registration expired
2 while he or she was (1) in federal service on active duty
3 with the Armed Forces of the United States or the State
4 Militia called into service or training or (2) in training or
5 education under the supervision of the United States
6 preliminary to induction into the military service, however,
7 may have his or her registration restored without paying any
8 lapsed renewal fees if within 2 years after honorable
9 termination of service, training, or education, he or she
10 furnishes the Department with satisfactory evidence that he
11 or she has been so engaged and that his or her service,
12 training, or education has been terminated.
13 (Source: P.A. 89-706, eff. 1-31-97.)
14 (225 ILCS 2/75 new)
15 Sec. 75. Inactive licenses. A licensee who notifies the
16 Department in writing on forms prescribed by the Department
17 may elect to place his or her license on inactive status and
18 shall, subject to rules of the Department, be excused from
19 payment of renewal fees until he or she notifies the
20 Department in writing of his or her desire to resume active
21 status. A licensee requesting restoration from inactive
22 status shall be required to pay the current renewal fee,
23 shall meet the continuing education requirements, and shall
24 be required to restore his or her license as provided in
25 Section 70 of this Act.
26 (225 ILCS 2/80)
27 Sec. 80. Fees. The Department shall provide by rule for
28 a schedule of fees for the administration and enforcement of
29 this Act, including but not limited to original licensure,
30 renewal, and restoration. The fees shall be nonrefundable.
31 The fees for application for registration, the renewal of a
32 registration, and all other purposes are not refundable and
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1 shall be adopted by rule.
2 All fees collected under this Act shall be deposited into
3 the General Professions Dedicated Fund and shall be
4 appropriated to the Department for the ordinary and
5 contingent expenses of the Department in the administration
6 of this Act.
7 (Source: P.A. 89-706, eff. 1-31-97.)
8 (225 ILCS 2/90)
9 Sec. 90. Roster. The Department shall maintain a roster
10 of the names and addresses of all licensees registrants and
11 of all persons person whose licenses registrations have been
12 disciplined. This roster shall be available upon written
13 request and payment of the required fee.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/100)
16 Sec. 100. Advertisement. Any person licensed registered
17 under this Act may advertise the availability of professional
18 services in the public media or on the premises where such
19 professional services are rendered. Such advertising shall
20 be limited to the following information:
21 (1) publication of the person's name, title, office
22 hours, address and telephone number;
23 (2) information pertaining to the person's areas of
24 specialization or limitation of professional practice;
25 (3) information on usual and customary fees for
26 routine professional services offered, which information
27 shall include, notification that fees may be adjusted due
28 to complications or unforeseen circumstances;
29 (4) announcement of the opening of, change of,
30 absence from, or return to business;
31 (5) announcement of additions to or deletions from
32 professional registered staff; and
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1 (6) the issuance of business or appointment cards.
2 It is unlawful for any person registered under this Act
3 to use testimonials or claims of superior quality of care to
4 entice the public. It shall be unlawful to advertise fee
5 comparisons of available services with those of other persons
6 providing acupuncture services.
7 This Act does not authorize the advertising of
8 professional services that the offeror of such services is
9 not licensed registered to render. Nor shall the advertiser
10 use statements that contain false, fraudulent, deceptive, or
11 misleading material or guarantees of success, statements that
12 play upon the vanity or fears of the public, or statements
13 that promote or produce unfair competition.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/105 new)
16 Sec. 105. Unlicensed practice; civil penalty. A person
17 who practices, offers to practice, attempts to practice, or
18 holds himself or herself out to practice as a licensed
19 acupuncturist without being licensed under this Act shall, in
20 addition to any other penalty provided by law, pay a civil
21 penalty to the Department in an amount not to exceed $5,000
22 for each offense as determined by the Department. The civil
23 penalty shall be assessed by the Department after a hearing
24 is held in accordance with the provisions set forth in this
25 Act regarding the provision of a hearing for the discipline
26 of a licensee.
27 (225 ILCS 2/110)
28 Sec. 110. Grounds for disciplinary action.
29 (a) The Department may refuse to issue or to renew,
30 place on probation, suspend, revoke or take other
31 disciplinary action as deemed appropriate including the
32 imposition of or may revoke a registration or impose fines
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1 not to exceed $5,000 for each violation, as the Department
2 may deem proper, with regard to a license registration for
3 any one or combination of the following causes:
4 (1) Violations of the Act or its rules.
5 (2) Conviction of any crime under the laws of any
6 U.S. jurisdiction that is (i) a felony, (ii) a
7 misdemeanor, an essential element of which is dishonesty,
8 or (iii) directly related to the practice of the
9 profession.
10 (3) Making any misrepresentation for the purpose of
11 obtaining a license registration.
12 (4) Aiding or assisting another person in violating
13 any provision of this Act or its rules.
14 (5) Failing to provide information within 60 days
15 in response to a written request made by the Department
16 which has been sent by certified or registered mail to
17 the licensee's registrant's last known address.
18 (6) Discipline by another U.S. jurisdiction or
19 foreign nation, if at least one of the grounds for the
20 discipline is the same or substantially equivalent to one
21 set forth in this Section.
22 (7) Solicitation of professional services by means
23 other than permitted under this Act advertising.
24 (8) Failure to provide a patient with a copy of his
25 or her record upon the written request of the patient.
26 (9) Gross negligence in the practice of acupuncture
27 Conviction by any court of competent jurisdiction, either
28 within or outside of this State, or any violation of any
29 law governing the practice of acupuncture; conviction in
30 this or another state of any crime which is a felony
31 under the laws of this State or conviction of a felony in
32 a federal court, if the Department determines after
33 investigation that the person has not been sufficiently
34 rehabilitated to warrant the public trust.
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1 (10) Habitual or excessive use or addiction to
2 alcohol, narcotics, stimulants, or any other chemical
3 agent or drug that results in an acupuncturist's
4 inability to practice with reasonable judgment, skill, or
5 safety.
6 (11) (10) A finding that licensure registration has
7 been applied for or obtained by fraudulent means.
8 (12) A pattern of practice or other behavior that
9 demonstrates incapacity or incompetence to practice under
10 this Act.
11 (13) (11) Being named as a perpetrator in an
12 indicated report by the Department of Children and Family
13 Services under the Abused and Neglected Child Reporting
14 Act and upon proof by clear and convincing evidence that
15 the licensee registrant has caused a child to be an
16 abused child or a neglected child as defined in the
17 Abused and Neglected Child Reporting Act.
18 (14) (12) Wilfully failing to report an instance of
19 suspected child abuse or neglect as required by the
20 Abused and Neglected Child Reporting Act.
21 (15) (13) The use of any words, abbreviations,
22 figures or letters (such as Acupuncturist, Licensed
23 Registered Acupuncturist, Certified Acupuncturist, C.A.,
24 Act., Lic. Reg. Act., or Lic. Reg. Ac.) with the
25 intention of indicating practice as a licensed registered
26 acupuncturist without a valid license registration as an
27 acupuncturist issued under this Act.
28 (16) Using testimonials or claims of superior
29 quality of care to entice the public or advertising fee
30 comparisons of available services with those of other
31 persons providing acupuncture services.
32 (17) Advertising of professional services that the
33 offeror of the services is not licensed to render.
34 Advertising of professional services that contains false,
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1 fraudulent, deceptive, or misleading material or
2 guarantees of success, statements that play upon the
3 vanity or fears of the public, or statements that promote
4 or produce unfair competition.
5 (14) The performance of acupuncture service in
6 conjunction with a scheme or plan with another person,
7 firm, or corporation known by the registrant to be
8 advertising in a manner contrary to this Act or otherwise
9 violating the laws of the State of Illinois concerning
10 the practice of acupuncture.
11 (18) (15) Having treated ailments of human beings
12 other than by the practice of acupuncture as defined in
13 this Act, or having treated ailments of human beings as a
14 licensed registered acupuncturist independent of a
15 written referral order from a physician or dentist, or
16 having failed to notify the physician or dentist who
17 established the diagnosis that the patient is receiving
18 acupuncture treatment pursuant to that diagnosis.
19 (19) Unethical, unauthorized, or unprofessional
20 conduct as defined by rule.
21 (20) Physical illness including but not limited to
22 deterioration through the aging process, mental illness,
23 or disability that results in the inability to practice
24 the profession with reasonable judgment, skill, and
25 safety.
26 (21) Violation of the Health Care Worker
27 Self-Referral Act.
28 The entry of an order by a circuit court establishing
29 that any person holding a license under this Act is subject
30 to involuntary admission or judicial admission as provided
31 for in the Mental Health and Developmental Disabilities Code
32 operates as an automatic suspension of that license. That
33 person may have his or her license restored only upon the
34 determination by a circuit court that the patient is no
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1 longer subject to involuntary admission or judicial admission
2 and the issuance of an order so finding and discharging the
3 patient and upon the Board's recommendation to the Department
4 that the license be restored. Where the circumstances so
5 indicate, the Board may recommend to the Department that it
6 require an examination prior to restoring a suspended
7 license.
8 The Department may refuse to issue or renew the license
9 registration of any person who fails to (i) file a return or
10 to pay the tax, penalty or interest shown in a filed return
11 or (ii) pay any final assessment of the tax, penalty, or
12 interest as required by any tax Act administered by the
13 Illinois Department of Revenue, until the time that the
14 requirements of that tax Act are satisfied.
15 In enforcing this Section, the Department or Board upon a
16 showing of a possible violation may compel an individual
17 licensed to practice under this Act, or who has applied for
18 licensure under this Act, to submit to a mental or physical
19 examination, or both, as required by and at the expense of
20 the Department. The Department or Board may order the
21 examining physician to present testimony concerning the
22 mental or physical examination of the licensee or applicant.
23 No information shall be excluded by reason of any common law
24 or statutory privilege relating to communications between the
25 licensee or applicant and the examining physician. The
26 examining physicians shall be specifically designated by the
27 Board or Department. The individual to be examined may have,
28 at his or her own expense, another physician of his or her
29 choice present during all aspects of this examination.
30 Failure of an individual to submit to a mental or physical
31 examination, when directed, shall be grounds for suspension
32 of his or her license until the individual submits to the
33 examination if the Department finds, after notice and
34 hearing, that the refusal to submit to the examination was
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1 without reasonable cause.
2 If the Department or Board finds an individual unable to
3 practice because of the reasons set forth in this Section,
4 the Department or Board may require that individual to submit
5 to care, counseling, or treatment by physicians approved or
6 designated by the Department or Board, as a condition, term,
7 or restriction for continued, reinstated, or renewed
8 licensure to practice; or, in lieu of care, counseling, or
9 treatment, the Department may file, or the Board may
10 recommend to the Department to file, a complaint to
11 immediately suspend, revoke, or otherwise discipline the
12 license of the individual. An individual whose license was
13 granted, continued, reinstated, renewed, disciplined or
14 supervised subject to such terms, conditions, or
15 restrictions, and who fails to comply with such terms,
16 conditions, or restrictions, shall be referred to the
17 Director for a determination as to whether the individual
18 shall have his or her license suspended immediately, pending
19 a hearing by the Department.
20 In instances in which the Director immediately suspends a
21 person's license under this Section, a hearing on that
22 person's license must be convened by the Department within 15
23 days after the suspension and completed without appreciable
24 delay. The Department and Board shall have the authority to
25 review the subject individual's record of treatment and
26 counseling regarding the impairment to the extent permitted
27 by applicable federal statutes and regulations safeguarding
28 the confidentiality of medical records.
29 An individual licensed under this Act and affected under
30 this Section shall be afforded an opportunity to demonstrate
31 to the Department or Board that he or she can resume practice
32 in compliance with acceptable and prevailing standards under
33 the provisions of his or her license.
34 (Source: P.A. 89-706, eff. 1-31-97.)
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1 (225 ILCS 2/130)
2 Sec. 130. Injunctions; criminal offenses; cease and
3 desist order.
4 (a) If any person violates the provisions of this Act,
5 the Director may, in the name of the People of the State of
6 Illinois, through the Attorney General of the State of
7 Illinois or the State's Attorney for any county in which the
8 action is brought, petition for an order enjoining the
9 violation or for an order enforcing compliance with this Act.
10 Upon the filing of a verified petition in court, the court
11 may issue a temporary restraining order, without notice or
12 condition bond, and may preliminarily and permanently enjoin
13 the violation. If it is established that the person has
14 violated or is violating the injunction, the Court may punish
15 the offender for contempt of court. Proceedings under this
16 Section shall be in addition to, and not in lieu of, all
17 other remedies and penalties provided by this Act.
18 (b) Whenever in the opinion of the Department a person
19 violates a provision of this Act, the Department may issue a
20 rule to show cause why an order to cease and desist should
21 not be entered against that person. The rule shall clearly
22 set forth the grounds relied upon by the Department and shall
23 allow at least 7 days from the date of the rule to file an
24 answer to the satisfaction of the Department. Failure to
25 answer to the satisfaction of the Department shall cause an
26 order to cease and desist to be issued immediately.
27 (c) (b) Other than as provided in Section 20 of this
28 Act, if any person practices as an acupuncturist or holds
29 himself or herself out as a licensed registered acupuncturist
30 under this Act without being issued a valid existing license
31 registration by the Department, then any licensed registered
32 acupuncturist, any interested party, or any person injured
33 thereby may, in addition to the Director, petition for relief
34 as provided in subsection (a) of this Section.
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1 Whoever knowingly practices or offers to practice
2 acupuncture in this State without being registered for that
3 purpose shall be guilty of a Class A misdemeanor and for each
4 subsequent conviction, shall be guilty of a Class 4 felony.
5 Notwithstanding any other provision of this Act, all criminal
6 fines, monies, or other property collected or received by the
7 Department under this Section or any other State or federal
8 statute, including, but not limited to, property forfeited to
9 the Department under Section 505 of the Illinois Controlled
10 Substances Act, shall be deposited into the Professional
11 Regulation Evidence Fund.
12 (c) Whenever in the opinion of the Department any person
13 violates any provision of this Act, the Department may issue
14 a rule to show cause why an order to cease and desist should
15 not be entered against that person. The rule shall clearly
16 set forth the grounds relied upon the Department and shall
17 provide a period of 7 days from the date of the rule to file
18 an answer to the satisfaction of the Department. Failure to
19 answer to the satisfaction of the Department shall cause an
20 order to cease and desist to be issued immediately.
21 (Source: P.A. 89-706, eff. 1-31-97.)
22 (225 ILCS 2/135 new)
23 Sec. 135. Criminal violations. Whoever knowingly
24 practices or offers to practice acupuncture in this State
25 without being licensed for that purpose shall be guilty of a
26 Class A misdemeanor and for each subsequent conviction shall
27 be guilty of a Class 4 felony. Notwithstanding any other
28 provision of this Act, all criminal fines, moneys, or other
29 property collected or received by the Department under this
30 Section or any other State or federal statute, including but
31 not limited to property forfeited to the Department under
32 Section 505 of the Illinois Controlled Substances Act, shall
33 be deposited into the Professional Regulation Evidence Fund.
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1 (225 ILCS 2/140)
2 Sec. 140. Investigation; notice; hearing. Licenses may
3 be refused, revoked, suspended, or otherwise disciplined in
4 the manner provided by this Act and not otherwise. The
5 Department may upon its own motion and shall upon the
6 verified complaint in writing of any person setting forth
7 facts that if proven would constitute grounds for refusal to
8 issue or for suspension or revocation under this Act,
9 investigate the actions of a person applying for, holding, or
10 claiming to hold a license. The Department shall, before
11 refusing to issue or renew, suspending, or revoking a license
12 or taking other discipline pursuant to Section 110 of this
13 Act, and at least 30 days prior to the date set for the
14 hearing, notify in writing the applicant or licensee of any
15 charges made, shall afford the applicant or licensee an
16 opportunity to be heard in person or by counsel in reference
17 to the charges, and direct the applicant or licensee to file
18 a written answer to the Department under oath within 20 days
19 after the service of the notice and inform the applicant or
20 licensee that failure to file an answer will result in
21 default being taken against the applicant or licensee and
22 that the license may be suspended, revoked, placed on
23 probationary status, or other disciplinary action may be
24 taken, including limiting the scope, nature, or extent of
25 practice, as the Director may deem proper. Written notice
26 may be served by personal delivery to the applicant or
27 licensee or by mailing the notice by certified mail to his or
28 her last known place of residence or to the place of business
29 last specified by the applicant or licensee in his or her
30 last notification to the Department. If the person fails to
31 file an answer after receiving notice, his or her license
32 may, in the discretion of the Department, be suspended,
33 revoked, or placed on probationary status or the Department
34 may take whatever disciplinary action deemed proper,
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1 including limiting the scope, nature, or extent of the
2 person's practice or the imposition of a fine, without a
3 hearing, if the act or acts charged constitute sufficient
4 grounds for such action under this Act. At the time and
5 place fixed in the notice, the Department shall proceed to
6 hearing of the charges and both the applicant or licensee and
7 the complainant shall be afforded ample opportunity to
8 present, in person or by counsel, any statements, testimony,
9 evidence, and arguments that may be pertinent to the charges
10 or to their defense. The Department may continue a hearing
11 from time to time. If the Board is not sitting at the time
12 and place fixed in the notice or at the time and place to
13 which the hearing shall have been continued, the Department
14 may continue the hearing for a period not to exceed 30 days.
15 Investigation; notice; hearing. The Department may
16 investigate the actions of any applicant or of any person or
17 persons holding or claiming to hold a registration. Before
18 taking any disciplinary action with regard to any
19 registration, at least 30 days prior to the date set for the
20 hearing, the Department shall (i) notify the accused in
21 writing of any charges made and the time and place for a
22 hearing of the charges before the Department, (ii) direct him
23 or her to file a written answer with the Department under
24 oath within 20 days after the service of the notice, and
25 (iii) inform him or her that failure answer shall result in
26 default being taken against him or her and his or her
27 registration being disciplined, as the Department may deem
28 proper. The written notice may be served by personal
29 delivery or certified delivery or certified or registered
30 mail to the registrant. At the time and place fixed in the
31 notice, the Department shall proceed to hear the charges and
32 the parties, or their counsel, shall be accorded ample
33 opportunity to present any statements, testimony, evidence
34 and argument that may be pertinent to the charges or to their
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1 defense. The Department may continue the hearing from time
2 to time. At the discretion of the Director, the accused
3 person's registration may be disciplined as the Director may
4 deem proper, including limiting the scope, nature, or extent
5 of the person's practice, without a hearing, if the act or
6 acts charged constitute sufficient grounds for that action
7 under this Act.
8 (Source: P.A. 89-706, eff. 1-31-97.)
9 (225 ILCS 2/145)
10 Sec. 145. Formal hearing; preservation of record. The
11 Department, at its expense, shall preserve a record of all
12 proceedings at the formal hearing of any case involving the
13 refusal to issue or renew a license registration or
14 discipline of a licensee registrant. The notice of hearing,
15 complaint, and all other documents in the nature of pleadings
16 and written motions filed in the proceedings, the transcript
17 of testimony, the report of the hearing officer, and order of
18 the Department shall be the record of the proceeding.
19 (Source: P.A. 89-706, eff. 1-31-97.)
20 (225 ILCS 2/150)
21 Sec. 150. Witnesses; production of documents; contempt.
22 Any circuit court may, upon application of the Department or
23 its designee or of the applicant or licensee registrant
24 against whom proceedings under Section 140 of this Act are
25 pending, enter an order requiring the attendance of witnesses
26 and their testimony and the production of documents, papers,
27 files, books, and records in connection with any hearing or
28 investigation. The court may compel obedience to its order
29 by proceedings for contempt.
30 (Source: P.A. 89-706, eff. 1-31-97.)
31 (225 ILCS 2/152 new)
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1 Sec. 152. Certification of record. The Department shall
2 not be required to certify a record to the court, file any
3 answer in court, or otherwise appear in any court in a
4 judicial review proceeding, unless there is filed in the
5 court with the complaint a receipt from the Department
6 acknowledging payment of the costs of furnishing and
7 certifying the record. Failure on the part of the plaintiff
8 to file a receipt in court shall be grounds for dismissal of
9 the action.
10 (225 ILCS 2/154 new)
11 Sec. 154. Compelling testimony. Any circuit court may,
12 upon application of the Department or its designee or of the
13 applicant or licensee against whom proceedings pursuant to
14 Section 140 of this Act are pending, enter an order requiring
15 the attendance of witnesses and their testimony, and the
16 production of documents, papers, files, books, and records in
17 connection with any hearing or investigation. The court may
18 compel obedience to its order through proceedings for
19 contempt.
20 (225 ILCS 2/155)
21 Sec. 155. Subpoena; oaths. The Department shall have
22 power to subpoena and bring before it any person in this
23 State and to take testimony either orally or by deposition or
24 both with the same fees and mileage and in the same manner as
25 prescribed by law in judicial proceedings in civil cases in
26 circuit courts of this State. The Department shall also have
27 the power to subpoena the production of documents, papers,
28 files, books, and records in connection with a hearing or
29 investigation.
30 The Director and the hearing officer designated by the
31 Director shall each have power to administer oaths to
32 witnesses at any hearing that the Department is authorized to
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1 conduct under this Act and any other oaths required or
2 authorized to be administered by the Department under this
3 Act.
4 (Source: P.A. 89-706, eff. 1-31-97.)
5 (225 ILCS 2/160)
6 Sec. 160. Findings of facts, conclusions of law, and
7 recommendations. At the conclusion of the hearing, the
8 hearing officer shall present to the Director a written
9 report of its findings of fact, conclusions of law, and
10 recommendations. The report shall contain a finding whether
11 or not the accused person violated this Act or failed to
12 comply with the conditions required in this Act. The hearing
13 officer shall specify the nature of the violation or failure
14 to comply and shall make his or her recommendations to the
15 Director.
16 The report of findings of fact, conclusions of law, and
17 recommendations of the hearing officer may shall be the basis
18 of the order of the Department. If the Director disagrees in
19 any regard with the report of the hearing officer, the
20 Director shall may issue an order in contravention of the
21 report. Within 60 days after taking that action the Director
22 shall provide a written report to the hearing officer on any
23 deviation and shall specify with particularity the reasons
24 for the action in the final order. The finding is not
25 admissible in evidence against the person in a criminal
26 prosecution brought for the violation of this Act, but the
27 hearing and findings are not a bar to a criminal prosecution
28 brought for the violation of this Act.
29 (Source: P.A. 89-706, eff. 1-31-97.)
30 (225 ILCS 2/165)
31 Sec. 165. Hearing officer. The Director shall have the
32 authority to appoint any attorney duly licensed to practice
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1 law in the State of Illinois to serve as the hearing officer
2 in any action for discipline of a license registration. The
3 hearing officer shall have full authority to conduct the
4 hearing. The hearing officer shall report his or her findings
5 of fact, conclusions of law, and recommendations to the Board
6 and the Director. The Board shall have 60 days after receipt
7 of the report to review the report of the hearing officer and
8 to present its findings of fact, conclusions of law, and
9 recommendations to the Director.
10 (Source: P.A. 89-706, eff. 1-31-97.)
11 (225 ILCS 2/170)
12 Sec. 170. Service of report; rehearing; order. In any
13 case involving the discipline of a license registration, a
14 copy of the hearing officer's report shall be served upon the
15 respondent by the Department, either personally or as
16 provided in this Act for the service of the notice of
17 hearing. Within 20 days after the service, the respondent
18 may present to the Department a motion in writing for a
19 rehearing that shall specify the particular grounds for
20 rehearing. If no motion for rehearing is filed, then upon
21 the expiration of the time specified for filing a motion, or
22 if a motion for rehearing is denied, then upon the denial the
23 Director may enter an order in accordance with this Act. If
24 the respondent orders from the reporting office and pays for
25 a transcript of the record within the time for filing a
26 motion for rehearing, the 20 day period within which the
27 motion may be filed shall commence upon the delivery of the
28 transcript to the respondent.
29 (Source: P.A. 89-706, eff. 1-31-97.)
30 (225 ILCS 2/175)
31 Sec. 175. Substantial justice to be done; rehearing.
32 Whenever the Director is satisfied that substantial justice
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1 has not been done in the discipline of a license
2 registration, the Director may order a rehearing by the same
3 or another hearing officer.
4 (Source: P.A. 89-706, eff. 1-31-97.)
5 (225 ILCS 2/180)
6 Sec. 180. Order or certified copy as prima facie proof.
7 An order or a certified copy thereof, over the seal of the
8 Department and purporting to be signed by the Director, shall
9 be prima facie proof:
10 (1) that the signature is the genuine signature of
11 the Director; and
12 (2) that such Director is duly appointed and
13 qualified; and.
14 (3) that the Board and its members are qualified to
15 act.
16 (Source: P.A. 89-706, eff. 1-31-97.)
17 (225 ILCS 2/185)
18 Sec. 185. Restoration of license registration. At any
19 time after the suspension or revocation of any license
20 registration the Department may restore it to the accused
21 person, unless after an investigation and a hearing the
22 Department determines that restoration is not in the public
23 interest. Where circumstances of suspension or revocation so
24 indicate, the Department may require an examination of the
25 accused person prior to restoring his or her license.
26 (Source: P.A. 89-706, eff. 1-31-97.)
27 (225 ILCS 2/195)
28 Sec. 195. Imminent danger to public; temporary
29 suspension. The Director may temporarily suspend the license
30 registration of an acupuncturist without a hearing,
31 simultaneously with the institution of proceedings for a
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1 hearing provided for in Section 140 of this Act, if the
2 Director finds that evidence in his or her possession
3 indicates that continuation in practice would constitute an
4 imminent danger to the public. In the event that the
5 Director temporarily suspends a license registration without
6 a hearing, a hearing by the Department must be held within 30
7 days after the suspension has occurred and be concluded
8 without appreciable delay.
9 (Source: P.A. 89-706, eff. 1-31-97.)
10 (225 ILCS 2/45 rep.)
11 (225 ILCS 2/205 rep.)
12 Section 15. The Acupuncture Practice Act is amended by
13 repealing Sections 45 and 205.
14 Section 17. The Illinois Dental Practice Act is amended
15 by changing Section 21 as follows:
16 (225 ILCS 25/21) (from Ch. 111, par. 2321)
17 Sec. 21. Fees. The fees for the administration and
18 enforcement of this Act, including but not limited to
19 original licensure, renewal, and restoration fees, shall be
20 set by the Department by rule. However, the fee for
21 application for renewal of a license as a dentist or
22 specialist is $75 per year and the fee for application for
23 renewal of a license as a dental hygienist is $37.50 per
24 year. The fees shall be nonrefundable. The Department is
25 authorized to impose the following nonrefundable fees:
26 (a) License as dentist or specialist.
27 (1) Application for temporary training or
28 restricted faculty license: $25.
29 (2) Application for initial license pursuant to
30 examination: $25.
31 (3) Applicants for any examination shall be
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1 required to pay, either to the Department or to the
2 designated testing service, a fee covering the cost of
3 initial screening to determine eligibility and providing
4 the examination.
5 (4) Application for licensure from a person
6 licensed as a dentist under the laws of another state or
7 territory of the United States: $50.
8 (5) Application for renewal of a license: $50 per
9 year.
10 (6) Application for restoration of a license: $10
11 plus payment of all lapsed renewal fees.
12 (7) Application for inactive status: $10.
13 (8) Application for restoration from inactive
14 status: the current renewal fee.
15 (9) Application for restoration after failure to
16 notify Department of change of address: $15, plus payment
17 of all lapsed renewal fees.
18 (10) Application for an initial permit to
19 administer general anesthesia or parenteral conscious
20 sedation: $25.
21 (11) Application for renewal of a permit to
22 administer general anesthesia or parenteral conscious
23 sedation: $25 per year.
24 (b) License as dental hygienist.
25 (1) Application for initial license pursuant to
26 examination: $25.
27 (2) Applicants for any examination shall be
28 required to pay, either to the Department or to the
29 designated testing service, a fee covering the cost of
30 initial screening to determine eligibility and providing
31 the examination.
32 (3) Application for license from a person licensed
33 as a dental hygienist under the laws of another state or
34 territory of the United States: $50.
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1 (4) Application for renewal of a license: $15 per
2 year.
3 (5) Application for restoration of a license: $10
4 plus payment of all lapsed renewal fees, but not to
5 exceed $85.
6 (6) Application for inactive status: $10.
7 (7) Application for restoration from inactive
8 status: the current renewal fee.
9 (c) General fees.
10 (1) Application for a duplicate license: $20.
11 (2) Application for a certification of a
12 registrant's record for any purpose: $20.
13 (3) Application to have the scoring of an
14 examination administered by the Department reviewed and
15 verified: $20, plus any fees charged by the applicable
16 testing service.
17 (4) The fee for a wall certificate showing a
18 license shall be the actual cost of producing such
19 certificate.
20 (5) The fee for a roster of persons licensed as
21 dentists or dental specialists or dental hygienists in
22 this State shall be the actual cost of producing such a
23 roster.
24 (6) The fee for dental licensing, disciplinary or
25 investigative records pursuant to a subpoena is $1 per
26 page.
27 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
28 Section 20. The Marriage and Family Therapy Licensing Act
29 is amended by changing Sections 20, 25, 30, 40, 45, 55, 60,
30 65, 85, 90, 95, and 165 as follows:
31 (225 ILCS 55/20) (from Ch. 111, par. 8351-20)
32 Sec. 20. Powers and duties of the Department. Subject
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1 to the provisions of this Act, the Department shall exercise
2 the following functions, powers, and duties:
3 (a) Conduct or authorize examinations to ascertain
4 the fitness and qualifications of applicants for
5 licensure and issue licenses to those who are found to be
6 fit and qualified.
7 (b) Prescribe rules and regulations for a method of
8 examination of candidates.
9 (b-5) Prescribe rules for determining approved
10 graduate programs and prepare and maintain a list of
11 colleges and universities offering approved programs.
12 (c) Conduct hearings on proceedings to revoke,
13 suspend, or refuse to issue licenses.
14 (d) Promulgate rules and regulations required for
15 the administration of this Act.
16 The Board may make recommendations on matters relating to
17 continuing education, including the number of hours necessary
18 for license renewal, waivers for those unable to meet the
19 requirements, and acceptable course content.
20 (Source: P.A. 87-783; 87-1237.)
21 (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
22 Sec. 25. Marriage and Family Therapy Licensing and
23 Disciplinary Board.
24 (a) There is established within the Department the
25 Marriage and Family Therapy Licensing and Disciplinary Board
26 to be appointed by the Director. The Board shall be composed
27 of 7 persons who shall serve in an advisory capacity to the
28 Director. The Board shall elect a chairperson and a vice
29 chairperson chairman.
30 (b) In appointing members of the Board, the Director
31 shall give due consideration to recommendations by members of
32 the profession of marriage and family therapy and by the
33 statewide organizations solely representing the interests of
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1 marriage and family therapists.
2 (c) Five members of the Board shall be marriage and
3 family therapists who have been in active practice for at
4 least 5 years immediately preceding their appointment, or
5 engaged in the education and training of masters, doctoral,
6 or post-doctoral students of marriage and family therapy, or
7 engaged in marriage and family therapy research. Each
8 marriage or family therapy teacher or researcher shall have
9 spent the majority of the time devoted to the study or
10 research of marriage and family therapy during the 2 years
11 immediately preceding his or her appointment to the Board.
12 The initial appointees shall be licensed under this Act
13 within one year after appointment to the Board.
14 (d) Two members shall be representatives of the general
15 public who have no direct affiliation or work experience with
16 the practice of marriage and family therapy and who clearly
17 represent consumer interests.
18 (e) Board members Of the first Board members appointed,
19 3 members shall be appointed to serve for 2 years, 2 shall be
20 appointed to serve for 3 years, and the remaining 2 shall be
21 appointed to serve for 4 years. Their successors shall be
22 appointed for terms of 4 years each, except that any person
23 chosen to fill a vacancy shall be appointed only for the
24 unexpired term of the Board member whom he or she shall
25 succeed. Upon the expiration of this term of office, a Board
26 member shall continue to serve until a successor is appointed
27 and qualified. No member shall be reappointed to the Board
28 for a term that would cause continuous service on the Board
29 to be longer than 8 years.
30 (f) The membership of the Board shall reasonably reflect
31 representation from the various geographic areas of the
32 State.
33 (g) Members of the Board shall be immune from suit in
34 any action based upon any disciplinary proceedings or other
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1 activities performed in good faith as members of the Board.
2 (h) The Director may remove any member of the Board for
3 any cause that, in the opinion of the Director, reasonably
4 justifies termination.
5 (i) The Director may consider the recommendations of the
6 Board on questions of standards of professional conduct,
7 discipline, and qualification of candidates or licensees
8 under this Act.
9 (j) The members of the Board shall be reimbursed for all
10 legitimate, necessary, and authorized expenses.
11 (k) A majority of the Board members currently appointed
12 shall constitute a quorum. A vacancy in the membership of the
13 Board shall not impair the right of a quorum to exercise all
14 the rights and perform all the duties of the Board.
15 (Source: P.A. 87-783; 87-1237.)
16 (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
17 Sec. 30. Application.
18 (a) Applications for original licensure shall be made to
19 the Department in writing on forms prescribed by the
20 Department and shall be accompanied by the appropriate
21 documentation and the required fee, which fee is
22 nonrefundable. Any application shall require such
23 information as, in the judgment of the Department, will
24 enable the Department to pass on the qualifications of the
25 applicant for licensing.
26 (b) Applicants have 3 years from the date of application
27 to complete the application process. If the application has
28 not been completed within 3 years, the application shall be
29 denied, the fee shall be forfeited, and the applicant must
30 reapply and meet the requirements in effect at the time of
31 reapplication.
32 (c) A license shall not be denied to an applicant
33 because of the applicant's race, religion, creed, national
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1 origin, political beliefs or activities, age, sex, sexual
2 orientation, or physical impairment If an applicant neglects,
3 fails or refuses to take an examination, or fails to pass an
4 examination for a license under this Act within 3 years after
5 filing an application, the application is denied. However,
6 the applicant may thereafter make a new application
7 accompanied by the required fee and shall meet the
8 requirements in force at the time of making the new
9 application.
10 (Source: P.A. 87-783; 87-1237.)
11 (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
12 Sec. 40. Qualifications for licensure.
13 (a) A person is qualified for licensure as a marriage
14 and family therapist if that person:
15 (1) is at least 21 years of age;
16 (2) has applied in writing on forms prepared and
17 furnished by the Department;
18 (3) (blank);
19 (4) has not engaged or is not engaged in any
20 practice or conduct that would be grounds for
21 disciplining a licensee under Section 85 of this Act;
22 (5) satisfies the education and experience
23 requirements of subsection (b) of this Section; and
24 (6) passes a written examination authorized by the
25 Department.
26 (b) Any person who applies to the Department shall be
27 issued a license by the Department if the person meets the
28 qualifications set forth in subsection (a) of this Section
29 and provides evidence to the Department that the person:
30 (1) holds a master's or doctoral degree in marriage
31 and family therapy approved by the Department from a
32 regionally accredited educational institution; holds a
33 master's or doctoral degree from a regionally accredited
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1 educational institution in marriage and family therapy or
2 in a related field with an equivalent course of study in
3 marriage and family therapy that is recommended by the
4 Board and approved by the Department; or holds a master's
5 or doctoral degree from a program accredited by the
6 commission on accreditations for marriage and family
7 therapy education of the American Association for
8 Marriage and Family Therapists;
9 (2) following the receipt of the first qualifying
10 degree, has at least 2 years of experience, as defined by
11 rule, in the practice of marriage and family therapy,
12 including at least 1,000 hours of face-to-face contact
13 with couples and families for the purpose of evaluation
14 and treatment;
15 (3) has completed at least 200 hours of supervision
16 of marriage and family therapy, as defined by rule.
17 (Source: P.A. 89-387, eff. 8-20-95.)
18 (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
19 Sec. 45. Licenses; renewals; restoration; person in
20 military service.
21 (a) The expiration date and renewal period for each
22 license issued under this Act shall be set by rule. As a
23 condition for renewal of a license, the licensee shall be
24 required to complete continuing education under requirements
25 set forth in rules of the Department.
26 (b) Any person who has permitted his or her license to
27 expire may have his or her license restored by making
28 application to the Department and filing proof acceptable to
29 the Department of fitness to have his or her license
30 restored, which may include sworn evidence certifying to
31 active practice in another jurisdiction satisfactory to the
32 Department, complying with any continuing education
33 requirements, and paying the required restoration fee.
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1 (c) If the person has not maintained an active practice
2 in another jurisdiction satisfactory to the Department, the
3 Board shall determine, by an evaluation program established
4 by rule, the person's fitness to resume active status and may
5 require the person to complete a period of evaluated clinical
6 experience and successful completion of a practical
7 examination.
8 However, any person whose license expired while (i) in
9 federal service on active duty with the Armed Forces of the
10 United States or called into service or training with the
11 State Militia, or (ii) in training or education under the
12 supervision of the United States preliminary to induction
13 into the military service may have his or her license renewed
14 or restored without paying any lapsed renewal fees if, within
15 2 years after honorable termination of the service, training
16 or education, except under condition other than honorable, he
17 or she furnishes the Department with satisfactory evidence to
18 the effect that he or she has been so engaged and that the
19 service, training, or education has been so terminated.
20 (d) Any person who notifies the Department, in writing
21 on forms prescribed by the Department, may place his or her
22 license on inactive status and shall be excused from the
23 payment of renewal fees until the person notifies the
24 Department in writing of the intention to resume active
25 practice.
26 (e) Any person requesting his or her license be changed
27 from inactive to active status shall be required to pay the
28 current renewal fee and shall also demonstrate compliance
29 with the continuing education requirements.
30 (f) Any marriage and family therapist whose license is
31 nonrenewed or on inactive status shall not engage in the
32 practice of marriage and family therapy in the State of
33 Illinois and use the title or advertise that he or she
34 performs the services of a "licensed marriage and family
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1 therapist".
2 (g) Any person violating subsection (f) of this Section
3 shall be considered to be practicing without a license and
4 will be subject to the disciplinary provisions of this Act.
5 (h) (Blank) A license to practice shall not be denied
6 any applicant because of the applicant's race, religion,
7 creed, national origin, political beliefs or activities, age,
8 sex, sexual orientation, or physical impairment.
9 (Source: P.A. 87-783; 87-1237.)
10 (225 ILCS 55/55) (from Ch. 111, par. 8351-55)
11 Sec. 55. Fees. The fees imposed under this Act are as
12 follows and are not refundable:
13 (a) Except as provided in subsection (c), the fees for
14 the administration and enforcement of this Act, including but
15 not limited to original licensure, renewal, and restoration,
16 shall be set by rule of the Department. The fees shall be
17 nonrefundable The fee for original application for a license
18 as a licensed marriage and family therapist is $100.
19 (b) (Blank) The fee for a temporary license is $100.
20 (c) In addition to the application fee, applicants for
21 the examination are required to pay, either to the Department
22 or the designated testing service, a fee covering the cost of
23 determining an applicant's eligibility and providing the
24 examination. Failure to appear for the examination on the
25 scheduled date, at the time and place specified, after the
26 applicant's application and fee for examination have been
27 received and acknowledged by the Department or the designated
28 testing service, shall result in the forfeiture of the fee.
29 (d) The fee for the renewal of a license is $60 per
30 year.
31 (e) The fee for the restoration of a license that has
32 been expired for 5 years or less is $20 plus payment of all
33 unpaid fees for every year the license has been lapsed.
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1 (f) The fee for the restoration of a license that has
2 been expired for more than 5 years is $200.
3 (g) The fee for the issuance of a duplicate license, a
4 replacement license for a license that has been lost or
5 destroyed, or a license with a change of name or address,
6 other than during the renewal period is $20. No fee is
7 required for name and address changes on Department records
8 when no duplicate license is issued.
9 (h) The fee for the certification of a license for any
10 purpose is $20.
11 (i) The fee to have the scoring of an examination
12 administered by the Department reviewed and verified is $20,
13 plus any fee charged by the testing service.
14 (j) The fee for a wall license is the actual cost of
15 producing the license.
16 (k) The fee for a roster of persons licensed as marriage
17 and family therapists is the actual cost of production of the
18 roster.
19 (l) The fee for application for a license by a marriage
20 and family therapist licensed under the laws of another
21 jurisdiction is $200.
22 (m) The fee for application as a continuing education
23 sponsor is $500. State agencies, State colleges and State
24 universities in Illinois are exempt from paying this fee.
25 (n) The fee for renewal as a continuing education
26 sponsor is $125 per year.
27 (Source: P.A. 87-783; 87-1237.)
28 (225 ILCS 55/60) (from Ch. 111, par. 8351-60)
29 Sec. 60. Payments; penalty for insufficient funds. Any
30 person who delivers a check or other payment to the
31 Department that is returned to the Department unpaid by the
32 financial institution upon which it is drawn shall pay to the
33 Department, in addition to the amount already owed to the
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1 Department, a fine of $50. If a person practices without
2 paying the renewal fee or issuance fee and the fine due, an
3 additional fine of $100 shall be imposed. The fines imposed
4 by this Section are in addition to any other discipline
5 provided under this Act prohibiting unlicensed practice or
6 practice on a nonrenewed license. The Department shall notify
7 the person that payment of fees and fines shall be paid to
8 the Department by certified check or money order within 30
9 calendar days after notification. If, after the expiration of
10 30 days from the date of the notification, the person has
11 failed to submit the necessary remittance, the Department
12 shall automatically terminate the license or certificate or
13 deny the application, without hearing. If, after termination
14 or denial, the person seeks a license or certificate, he or
15 she shall apply to the Department for restoration or issuance
16 of the license or certificate and pay all fees and fines due
17 to the Department. The Department may establish a fee for the
18 processing of an application for restoration of a license or
19 certificate to pay all expenses of processing this
20 application. The Director may waive the fines due under this
21 Section in individual cases where the Director finds that the
22 fines would be unreasonable or unnecessarily burdensome.
23 (Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
24 (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
25 Sec. 65. Endorsement. The Department may issue a license
26 as a licensed marriage and family therapist, without the
27 required examination, to an applicant licensed under the laws
28 of another state if the requirements for licensure in that
29 state are, on the date of licensure, substantially equal to
30 the requirements of this Act or to a person who, at the time
31 of his or her application for licensure, possessed individual
32 qualifications that were substantially equivalent to the
33 requirements then in force in this State. An applicant under
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1 this Section shall pay all of the required fees.
2 Applicants have 3 years from the date of application to
3 complete the application process. If the process has not been
4 completed within the 3 years, the application shall be
5 denied, the fee shall be forfeited, and the applicant must
6 reapply and meet the requirements in effect at the time of
7 reapplication.
8 (Source: P.A. 87-783; 87-1237.)
9 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
10 Sec. 85. Refusal, revocation or suspension.
11 (a) The Department may refuse to issue or renew, or may
12 revoke a license, or may suspend, place on probation, fine,
13 or take any disciplinary action as the Department may deem
14 proper, including fines not to exceed $1000 for each
15 violation, with regard to any licensee or certificate for any
16 one or combination of the following causes:
17 (1) Material misstatement in furnishing information
18 to the Department.
19 (2) Violations of this Act or its rules.
20 (3) Conviction of any crime under the laws of the
21 United States or any state or territory thereof that is
22 (i) a felony, (ii) a misdemeanor, an essential element of
23 which is dishonesty, or (iii) a crime that which is
24 related to the practice of the profession.
25 (4) Making any misrepresentation for the purpose of
26 obtaining a license or violating any provision of this
27 Act or its rules.
28 (5) Professional incompetence or gross negligence.
29 (6) Malpractice.
30 (7) Aiding or assisting another person in violating
31 any provision of this Act or its rules.
32 (8) Failing, within 60 days, to provide information
33 in response to a written request made by the Department.
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1 (9) Engaging in dishonorable, unethical, or
2 unprofessional conduct of a character likely to deceive,
3 defraud or harm the public as defined by the rules of the
4 Department, or violating the rules of professional
5 conduct adopted by the Board and published by the
6 Department.
7 (10) Habitual or excessive use or addiction to
8 alcohol, narcotics, stimulants, or any other chemical
9 agent or drug that results in the inability to practice
10 with reasonable judgment, skill, or safety.
11 (11) Discipline by another state, territory, or
12 country if at least one of the grounds for the discipline
13 is the same or substantially equivalent to those set
14 forth in this Act.
15 (12) Directly or indirectly giving to or receiving
16 from any person, firm, corporation, partnership or
17 association any fee, commission, rebate, or other form of
18 compensation for any professional services not actually
19 or personally rendered.
20 (13) A finding by the Department that the licensee,
21 after having his or her license placed on probationary
22 status, has violated the terms of probation.
23 (14) Abandonment of a patient without cause.
24 (15) Willfully making or filing false records or
25 reports relating to a licensee's practice, including but
26 not limited to, false records filed with State agencies
27 or departments.
28 (16) Wilfully failing to report an instance of
29 suspected child abuse or neglect as required by the
30 Abused and Neglected Child Reporting Act.
31 (17) Being named as a perpetrator in an indicated
32 report by the Department of Children and Family Services
33 under the Abused and Neglected Child Reporting Act and
34 upon proof by clear and convincing evidence that the
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1 licensee has caused a child to be an abused child or
2 neglected child as defined in the Abused and Neglected
3 Child Reporting Act.
4 (18) Physical or mental disability, including
5 deterioration through the aging process, or loss of
6 abilities and skills that which results in the inability
7 to practice the profession with reasonable judgment,
8 skill, or safety.
9 (19) Solicitation of professional services by using
10 false or misleading advertising.
11 (20) A finding that licensure has been applied for
12 or obtained by fraudulent means.
13 (21) Practicing or attempting to practice under a
14 name other than the full name as shown on the license or
15 any other legally authorized name.
16 (22) Gross overcharging for professional services
17 including filing statements for collection of fees or
18 moneys monies for which services are not rendered.
19 (b) The Department shall deny any application for a
20 license, without hearing, or renewal under this Act to any
21 person who has defaulted on an educational loan guaranteed by
22 the Illinois Student Assistance Commission; however, the
23 Department may issue a license or renewal if the person in
24 default has established a satisfactory repayment record as
25 determined by the Illinois Student Assistance Commission.
26 (c) The determination by a circuit court that a licensee
27 is subject to involuntary admission or judicial admission, as
28 provided in the Mental Health and Developmental Disabilities
29 Code, operates as an automatic suspension. The suspension
30 will terminate only upon a finding by a court that the
31 patient is no longer subject to involuntary admission or
32 judicial admission and the issuance of an order so finding
33 and discharging the patient, and upon the recommendation of
34 the Board to the Director that the licensee be allowed to
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1 resume his or her practice as a licensed marriage and family
2 therapist.
3 (d) The Department may refuse to issue or may suspend
4 the license of any person who fails to file a return, pay the
5 tax, penalty, or interest shown in a filed return or pay any
6 final assessment of tax, penalty, or interest, as required by
7 any tax Act administered by the Illinois Department of
8 Revenue, until the time the requirements of the tax Act are
9 satisfied.
10 (e) In enforcing this Section, the Department or Board
11 upon a showing of a possible violation may compel an
12 individual licensed to practice under this Act, or who has
13 applied for licensure under this Act, to submit to a mental
14 or physical examination, or both, as required by and at the
15 expense of the Department. The Department or Board may order
16 the examining physician to present testimony concerning the
17 mental or physical examination of the licensee or applicant.
18 No information shall be excluded by reason of any common law
19 or statutory privilege relating to communications between the
20 licensee or applicant and the examining physician. The
21 examining physicians shall be specifically designated by the
22 Board or Department. The individual to be examined may have,
23 at his or her own expense, another physician of his or her
24 choice present during all aspects of this examination.
25 Failure of an individual to submit to a mental or physical
26 examination, when directed, shall be grounds for suspension
27 of his or her license until the individual submits to the
28 examination if the Department finds, after notice and
29 hearing, that the refusal to submit to the examination was
30 without reasonable cause.
31 If the Department or Board finds an individual unable to
32 practice because of the reasons set forth in this Section,
33 the Department or Board may require that individual to submit
34 to care, counseling, or treatment by physicians approved or
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1 designated by the Department or Board, as a condition, term,
2 or restriction for continued, reinstated, or renewed
3 licensure to practice; or, in lieu of care, counseling, or
4 treatment, the Department may file, or the Board may
5 recommend to the Department to file, a complaint to
6 immediately suspend, revoke, or otherwise discipline the
7 license of the individual. An individual whose license was
8 granted, continued, reinstated, renewed, disciplined or
9 supervised subject to such terms, conditions, or
10 restrictions, and who fails to comply with such terms,
11 conditions, or restrictions, shall be referred to the
12 Director for a determination as to whether the individual
13 shall have his or her license suspended immediately, pending
14 a hearing by the Department.
15 In instances in which the Director immediately suspends a
16 person's license under this Section, a hearing on that
17 person's license must be convened by the Department within 15
18 days after the suspension and completed without appreciable
19 delay. The Department and Board shall have the authority to
20 review the subject individual's record of treatment and
21 counseling regarding the impairment to the extent permitted
22 by applicable federal statutes and regulations safeguarding
23 the confidentiality of medical records.
24 An individual licensed under this Act and affected under
25 this Section shall be afforded an opportunity to demonstrate
26 to the Department or Board that he or she can resume practice
27 in compliance with acceptable and prevailing standards under
28 the provisions of his or her license.
29 (Source: P.A. 87-783; 87-1237.)
30 (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
31 Sec. 90. Violations; injunctions; cease and desist
32 order.
33 (a) If any person violates a provision of this Act, the
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1 Director may, in the name of the People of the State of
2 Illinois, through the Attorney General of the State of
3 Illinois, petition for an order enjoining the violation or
4 for an order enforcing compliance with this Act. Upon the
5 filing of a verified petition in court, the court may issue a
6 temporary restraining order, without notice or bond, and may
7 preliminarily and permanently enjoin the violation. If it is
8 established that the person has violated or is violating the
9 injunction, the Court may punish the offender for contempt of
10 court. Proceedings under this Section are in addition to,
11 and not in lieu of, all other remedies and penalties provided
12 by this Act.
13 (b) If any person practices as a marriage and family
14 therapist or holds himself or herself out as such without
15 having a valid license certificate under this Act, then any
16 licensee, any interested party or any person injured thereby
17 may, in addition to the Director, petition for relief as
18 provided in subsection (a) of this Section.
19 (c) Whenever in the opinion of the Department any person
20 violates any provision of this Act, the Department may issue
21 a rule to show cause why an order to cease and desist should
22 not be entered against him or her. The rule shall clearly
23 set forth the grounds relied upon by the Department and shall
24 provide a period of 7 days from the date of the rule to file
25 an answer to the satisfaction of the Department. Failure to
26 answer to the satisfaction of the Department shall cause an
27 order to cease and desist to be issued immediately.
28 (Source: P.A. 87-783.)
29 (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
30 Sec. 95. Investigation; notice and hearing. The
31 Department may investigate the actions or qualifications of
32 any person or persons holding or claiming to hold a license
33 certificate of registration. Before suspending, revoking,
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1 placing on probationary status, or taking any other
2 disciplinary action as the Department may deem proper with
3 regard to any license or certificate of registration, at
4 least 30 days before the date set for the hearing, the
5 Department shall (i) notify the accused in writing of any
6 charges made and the time and place for a hearing on the
7 charges before the Board, (ii) direct him or her to file a
8 written answer to the charges with the Board under oath
9 within 20 days after the service on him or her of such
10 notice, and (iii) inform him or her that if he or she fails
11 to file an answer, default will be taken against him or her
12 and his or her license or certificate of registration may be
13 suspended, revoked, placed on probationary status, or other
14 disciplinary action taken with regard to the license or
15 certificate, including limiting the scope, nature, or extent
16 of his or her practice, as the Department may deem proper. In
17 case the person, after receiving notice, fails to file an
18 answer, his or her license or certificate may, in the
19 discretion of the Department, be suspended, revoked, placed
20 on probationary status, or the Department may take whatever
21 disciplinary action deemed proper, including limiting the
22 scope, nature, or extent of the person's practice or the
23 imposition of a fine, without a hearing, if the act or acts
24 charged constitute sufficient for such action under this Act.
25 This written notice and any notice in the subsequent
26 proceedings may be served by personal delivery to the accused
27 person, or by registered or certified mail to the address
28 last specified by the accused in his last notification to the
29 Department. In case the person fails to file an answer after
30 receiving notice, his or her license or certificate may, in
31 the discretion of the Department, be suspended, revoked, or
32 placed on probationary status, or the Department may take
33 whatever disciplinary action deemed proper, including
34 limiting the scope, nature, or extent of the person's
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1 practice or the imposition of a fine, without a hearing, if
2 the act or acts charged constitute sufficient grounds for
3 such action under this Act. The written answer shall be
4 served by personal delivery, certified delivery, or certified
5 or registered mail to the Department. At the time and place
6 fixed in the notice, the Department shall proceed to hear the
7 charges and the parties or their counsel shall be accorded
8 ample opportunity to present such statements, testimony,
9 evidence, and argument as may be pertinent to the charges or
10 to the defense thereto. The Department may continue such
11 hearing from time to time. At the discretion of the Director
12 after having first received the recommendation of the Board,
13 the accused person's license certificate of registration may
14 be suspended or revoked, if the evidence constitutes
15 sufficient grounds for such action under this Act.
16 (Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
17 (225 ILCS 55/165) (from Ch. 111, par. 8351-165)
18 Sec. 165. Illinois Administrative Procedure Act. The
19 Illinois Administrative Procedure Act is expressly adopted
20 and incorporated in this Act as if all of the provisions of
21 that Act were included in this Act, except that the provision
22 of paragraph (d) of Section 10-65 of the Illinois
23 Administrative Procedure Act, which provides that at hearings
24 the license certificate holder has the right to show
25 compliance with all lawful requirements for retention,
26 continuation or renewal of the certificate, is specifically
27 excluded. For the purpose of this Act the notice required
28 under Section 10-25 of the Illinois Administrative Procedure
29 Act is deemed sufficient when mailed to the last known
30 address of a party.
31 (Source: P.A. 87-783; 88-670, eff. 12-2-94.)
32 (225 ILCS 55/50 rep.)
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1 Section 25. The Marriage and Family Therapy Licensing Act
2 is amended by repealing Section 50.
3 Section 30. The Illinois Nursing Act of 1987 is amended
4 by changing Sections 3, 4, 7, 10, 11, 12, 14, 16, 17, 21, 23,
5 24, 25, 26, 27, 30, 32, 33, 35, 36, 37, 38, 39, 40, 42, 43,
6 and 47 as follows:
7 (225 ILCS 65/3) (from Ch. 111, par. 3503)
8 Sec. 3. Definitions. Each of the following terms, when
9 used in this Act, shall have the meaning ascribed to it in
10 this Section, except where the context clearly indicates
11 otherwise:
12 (a) "Department" means the Department of Professional
13 Regulation;
14 (b) "Director" means the Director of the Department of
15 Professional Regulation;
16 (c) "Board Committee" means the Board of Committee on
17 Nursing appointed by the Director;
18 (d) "Academic year" means the customary annual schedule
19 of courses at a college, university, or approved school,
20 customarily regarded as the school year as distinguished from
21 the calendar year;
22 (e) "Approved program of professional nursing education"
23 and "approved program of practical nursing education" are
24 programs of professional or practical nursing, respectively,
25 approved by the Department under the provisions of this Act;
26 (f) "Nursing Act Coordinator" means a registered
27 professional nurse appointed by the Director to carry out the
28 administrative policies of the Department;
29 (g) "Assistant Nursing Act Coordinator" means a
30 registered professional nurse appointed by the Director to
31 assist in carrying out the administrative policies of the
32 Department;
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1 (h) "Registered" is the equivalent of "licensed";
2 (i) "Practical nurse" or "licensed practical nurse"
3 means a person who is licensed as a practical nurse under
4 this Act and practices practical nursing as defined in
5 paragraph (j) of this Section. Only a practical nurse
6 licensed under this Act is entitled to use the title
7 "licensed practical nurse" and the abbreviation "L.P.N.";
8 (j) "Practical nursing" means the performance, for
9 compensation, of acts in the care of the ill, injured, or
10 infirmed, selected by and performed under the direction of a
11 registered professional nurse, licensed physician, dentist,
12 or podiatrist, requiring the basic nursing skill, judgment,
13 and knowledge acquired by means of a completed course of
14 study in an approved practical nursing education program;
15 (k) "Registered nurse" or "registered professional
16 nurse" means a person who is licensed as a professional nurse
17 under this Act and practices nursing as defined in paragraph
18 (l) of this Section. Only a registered nurse licensed under
19 this Act is entitled to use the titles "registered nurse" and
20 "registered professional nurse" and the abbreviation, "R.N.";
21 (l) "Professional nursing" includes all its specialties,
22 and means the performance for compensation of any nursing
23 act, (1) in the nursing evaluation, observation, care, and
24 counsel of the ill, injured, or infirmed; (2) in the
25 maintenance of health or prevention of illness of others; (3)
26 in the administration of medications and treatments as
27 prescribed by a licensed physician, dentist, or podiatrist;
28 or (4) any act in the supervision or teaching of nursing,
29 which requires substantial, specialized judgment and skill
30 the proper performance of which is based on knowledge and
31 application of the principles of biological, physical, and
32 social science acquired by means of a completed course in an
33 approved school of professional nursing. The foregoing shall
34 not be deemed to include those acts of medical diagnosis or
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1 prescription of therapeutic or corrective measures that which
2 are properly performed only by physicians licensed in the
3 State of Illinois; and
4 (m) "Current nursing practice update course" means a
5 planned nursing education curriculum approved by the
6 Department consisting of activities that which have
7 educational objectives, instructional methods, content or
8 subject matter, clinical practice, and evaluation methods,
9 related to basic review and updating content and specifically
10 planned for those nurses previously licensed in the United
11 States or its territories and preparing for reentry into
12 nursing practice.
13 (Source: P.A. 85-981.)
14 (225 ILCS 65/4) (from Ch. 111, par. 3504)
15 Sec. 4. Policy; application of Act. For the protection of
16 life and the promotion of health, and the prevention of
17 illness and communicable diseases, any person practicing or
18 offering to practice professional and practical nursing in
19 Illinois shall submit evidence that he or she is qualified to
20 practice, and shall be licensed as hereinafter provided under
21 this Act. No person shall practice or offer to practice
22 professional or practical nursing in Illinois or use any
23 title, sign, card or device to indicate that such a person is
24 practicing professional or practical nursing unless such
25 person has been licensed under the provisions of this Act.
26 This Act does not prohibit the following:
27 (a) The practice of nursing in Federal employment in the
28 discharge of the employee's duties by a person who is
29 employed by the United States government or any bureau,
30 division or agency thereof and is a legally qualified and
31 licensed nurse of another state or territory and not in
32 conflict with Sections 6, 12, 13, and 25 of this Act;
33 (b) Nursing that which is included in their program of
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1 study by students enrolled in programs of nursing or in
2 current nurse practice update courses approved by the
3 Department;
4 (c) The furnishing of nursing assistance in an
5 emergency;
6 (d) The practice of nursing by a nurse who holds an
7 active license in another state when providing services to
8 patients in Illinois during a bonafide emergency or in
9 immediate preparation for or during interstate transit;
10 (e) The incidental care of the sick by members of the
11 family, domestic servants or housekeepers, or care of the
12 sick where treatment is by prayer or spiritual means;
13 (f) Persons from being employed as nursing aides,
14 attendants, orderlies and other auxiliary workers in private
15 homes, long term care facilities, nurseries, hospitals or
16 other institutions;
17 (g) The practice of practical nursing by one who has
18 applied in writing to the Department in form and substance
19 satisfactory to the Department, for a license as a licensed
20 practical nurse and has complied with all the provisions
21 under Section 12 13, except the passing of an examination to
22 be eligible to receive such license, until: the decision of
23 the Department that the applicant has failed to pass the next
24 available examination authorized by the Department, or
25 failed, without an approved excuse, to take the next
26 available examination authorized by the Department, or the
27 withdrawal of the application, not to exceed 3 months. No
28 applicant for licensure practicing under the provisions of
29 this paragraph shall practice practical nursing except under
30 the direct supervision of a registered professional nurse
31 licensed under this Act or a licensed physician, dentist or
32 podiatrist. In no instance shall any such applicant practice
33 or be employed in any supervisory capacity;
34 (h) The practice of practical nursing by one who is a
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1 licensed practical nurse under the laws of another U.S.
2 jurisdiction and has applied in writing to the Department, in
3 form and substance satisfactory to the Department, for a
4 license as a licensed practical nurse and who is qualified to
5 receive such license under Section 12 13, until: (1) the
6 expiration of 6 months after the filing of such written
7 application, or (2) the withdrawal of such application, or
8 (3) the denial of such application by the Department;
9 (i) The practice of professional nursing by one who has
10 applied in writing to the Department in form and substance
11 satisfactory to the Department for a license as a registered
12 professional nurse and has complied with all the provisions
13 under Section 12 except the passing of an examination to be
14 eligible to receive such license until: the decision of the
15 Department that the applicant has failed to pass the next
16 available examination authorized by the Department, or
17 failed, without an approved excuse, to take the next
18 available examination authorized by the Department or the
19 withdrawal of the application, not to exceed 3 months. No
20 applicant for licensure practicing under the provisions of
21 this paragraph shall practice professional nursing except
22 under the direct supervision of a registered professional
23 nurse licensed under this Act. In no instance shall any such
24 applicant practice or be employed in any supervisory
25 capacity;
26 (j) The practice of professional nursing by one who is a
27 registered professional nurse under the laws of another
28 state, territory of the United States or country and has
29 applied in writing to the Department, in form and substance
30 satisfactory to the Department, for a license as a registered
31 professional nurse and who is qualified to receive such
32 license under Section 12, until: (1) the expiration of 6 12
33 months after the filing of such written application, or (2)
34 the withdrawal of such application, or (3) the denial of such
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1 application by the Department;
2 (k) The practice of professional nursing that which is
3 included in a program of study by one who is a registered
4 professional nurse under the laws of another state or
5 territory of the United States or foreign country, territory
6 or province and who is enrolled in a graduate nursing
7 education program or a program for the completion of a
8 baccalaureate nursing degree in this State which program
9 includes clinical supervision by faculty as determined by the
10 educational institution offering the program and the health
11 care organization where the practice of nursing occurs. The
12 educational institution will file with the Department each
13 academic term a list of the names and origin of license of
14 all professional nurses practicing nursing as part of their
15 programs under this provision; or
16 (l) Any person licensed in this State under any other
17 Act from engaging in the practice for which she or he is
18 licensed.
19 An applicant for license practicing under the exceptions
20 set forth in subparagraphs (g), (h), (i), and (j) of this
21 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
22 Pend. respectively and no other.
23 (Source: P.A. 85-981.)
24 (225 ILCS 65/7) (from Ch. 111, par. 3507)
25 Sec. 7. Board.
26 (a) The Director shall appoint the Board Committee which
27 shall be composed of 9 registered professional nurses, 2
28 licensed practical nurses and one public member who shall
29 also be a voting non-voting member and who is not a licensed
30 health care provider. Two Three registered nurses shall hold
31 at least a master's degree in nursing and be educators in
32 professional nursing programs, one representing baccalaureate
33 nursing education, one representing associate degree nursing
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1 education, and one representing diploma education; one
2 registered nurse shall hold at least a bachelor's degree with
3 a major in nursing and be an educator in a licensed practical
4 nursing program; one registered nurse shall hold a master's
5 degree in nursing and shall represent nursing service
6 administration; 2 registered nurses shall represent clinical
7 nursing practice, one of whom shall have at least a master's
8 degree in nursing; and 2 registered nurses shall represent
9 advanced specialty practice. Each of the 11 nurses shall have
10 had a minimum of 5 years experience in nursing, 3 three of
11 which shall be in the area they represent on the Board
12 committee and be actively engaged in the area of nursing they
13 represent at the time of appointment and during their tenure
14 on the Board Committee. Members shall be appointed for a
15 term of 3 years. No member shall be eligible for appointment
16 to more than 2 consecutive terms and any appointment to fill
17 a vacancy shall be for the unexpired portion of the term. In
18 making Board Committee appointments, the Director shall give
19 consideration to recommendations submitted by nursing
20 organizations. Consideration shall be given to equal
21 geographic representation. The Board Committee shall receive
22 actual and necessary expenses incurred in the performance of
23 their duties.
24 In making the initial appointments, the Director shall
25 appoint all new members for terms of 2, 3 and 4 years and
26 such terms shall be staggered as follows: 3 shall be
27 appointed for terms of 2 years; 3 shall be appointed for
28 terms of 3 years;, and 3 shall be appointed for terms of 4
29 years. However, such appointment shall be made in a manner
30 so that each member appointed prior to January 1, 1987, whose
31 current appointed term has not expired, will be allowed to
32 serve out the remainder of his or her term.
33 The Director may remove any member of the Board committee
34 for misconduct, incapacity, or neglect of duty. The Director
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1 shall reduce to writing any causes for removal.
2 The Board Committee shall meet annually to elect a
3 chairperson and vice chairperson. The Board Committee may
4 hold such other meetings during the year as may be necessary
5 to conduct its business. Six voting members of the Board
6 Committee shall constitute a quorum at any meeting. Any
7 action taken by the Board Committee must be on the
8 affirmative vote of 6 members. Voting by proxy shall not be
9 permitted.
10 The Board Committee shall submit an annual report to the
11 Director.
12 The members of the Board Committee shall be immune from
13 suit in any action based upon any disciplinary proceedings or
14 other acts performed in good faith as members of the Board
15 Committee.
16 (b) The Board Committee is authorized to:
17 (1) recommend the adoption and, from time to time,
18 the revision of such rules that and regulations which may
19 be necessary to carry out the provisions of this Act;
20 (2) conduct hearings and disciplinary conferences
21 upon charges calling for discipline of a licensee as
22 provided in Section 25;
23 (3) report to the Department, upon completion of a
24 hearing, the disciplinary actions recommended to be taken
25 against persons violating this Act;
26 (4) recommend the approval, denial of approval,
27 withdrawal of approval, or discipline of nursing
28 education programs;
29 (5) participate in a national organization of state
30 boards of nursing; and
31 (6) recommend a list of the registered nurses to
32 serve as Nursing Act Coordinator and Assistant Nursing
33 Act Coordinator, respectively.
34 (Source: P.A. 87-268.)
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1 (225 ILCS 65/10) (from Ch. 111, par. 3510)
2 Sec. 10. Department powers and duties.
3 (a) The Department shall exercise the powers and duties
4 prescribed by the Civil Administrative Code of Illinois for
5 administration of licensing acts and shall exercise such
6 other powers and duties necessary for effectuating the
7 purpose of this Act. None of the functions, powers or duties
8 of the Department with respect to licensure and examination,
9 shall be exercised by the Department except upon review by
10 the Board Committee. The Department shall promulgate rules
11 to implement, interpret, or make specific the provisions and
12 purposes of this Act; however no such rulemaking shall be
13 promulgated by the Department except upon review by the Board
14 the affirmative vote of 5 members of the Committee.
15 (b) The Department shall:
16 (1) (blank); Issue quarterly to the Committee a
17 report of the status of all formal complaints filed by
18 the Department and significant issues as determined by
19 the Committee.
20 (2) prepare and maintain a list of approved
21 programs of professional nursing education and programs
22 of practical nursing education in this State, whose
23 graduates, if they have the other necessary
24 qualifications provided in this Act, shall be eligible to
25 apply for a license to practice nursing in this State;
26 (3) promulgate rules defining what constitutes an
27 approved program of professional nursing education and
28 what constitutes an approved program of practical nursing
29 education; and
30 (4) promulgate rules for examination of candidates
31 for licenses; and for issuance of licenses authorizing
32 candidates upon passing an examination to practice under
33 this Act.
34 (Source: P.A. 85-981.)
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1 (225 ILCS 65/11) (from Ch. 111, par. 3511)
2 Sec. 11. Nursing Act Coordinator. The Department shall
3 obtain, pursuant to the Personnel Code, as amended, a Nursing
4 Act Coordinator and assistants. The Nursing Act Coordinator
5 and assistants shall be professional nurses licensed in this
6 State and graduated from approved schools of nursing, and
7 each shall have been actively engaged in nursing education
8 not less than one year prior to appointment. The Nursing Act
9 Coordinator shall hold at least a master's degree in nursing
10 from an approved college or university; and have at least 5
11 years' experience since graduation in progressively
12 responsible positions in nursing education. Each assistant
13 shall hold at least a master's degree in nursing from an
14 approved college or university; and have at least 3 years'
15 experience since graduation in progressively responsible
16 positions in nursing education. The Nursing Act Coordinator
17 and assistants shall perform such administrative functions as
18 may be delegated to them by the Director.
19 (Source: P.A. 85-981.)
20 (225 ILCS 65/12) (from Ch. 111, par. 3512)
21 Sec. 12. Qualifications for licensure.
22 (a) Each applicant who successfully meets the
23 requirements of this Section shall be entitled to licensure
24 as a Registered Nurse or Licensed Practical Nurse, whichever
25 is applicable.
26 (b) An applicant for licensure by examination to
27 practice as a registered nurse or licensed practical nurse
28 shall:
29 (1) submit a completed written application, on
30 forms provided by the Department and fees as established
31 by the Department;
32 (2) for registered nurse licensure, have completed
33 an approved professional nursing education program of not
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1 less than 2 academic years and have graduated from the
2 program; for licensed practical nurse licensure, have
3 completed an approved practical nursing education program
4 of not less than one academic year and have graduated
5 from the program;
6 (3) have not violated the provisions of Section 25
7 of this Act. The Department may take into consideration
8 any felony conviction of th