State of Illinois
2019 and 2020


Introduced 2/5/2019, by Sen. Don Harmon


225 ILCS 2/16 new
225 ILCS 2/110

    Amends the Acupuncture Practice Act. Provides that no person licensed under the Act may hold himself or herself out as being trained in Chinese herbology without proof of having a specified status or successful completion of a specified examination, with a violation constituting a ground for disciplinary action. Makes conforming changes.

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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Acupuncture Practice Act is amended by
5changing Section 110 and by adding Section 16 as follows:
6    (225 ILCS 2/16 new)
7    Sec. 16. Chinese herbology; practice. No person licensed
8under this Act may hold himself or herself out as being trained
9in Chinese herbology without proof of status as a Diplomate of
10Oriental Medicine certified by the National Certification
11Commission for Acupuncture and Oriental Medicine or a
12substantially equivalent status that is approved by the
13Department or proof that he or she has successfully completed
14the National Certification Commission for Acupuncture and
15Oriental Medicine Chinese Herbology Examination or a
16substantially equivalent examination approved by the
17Department. A violation of this Section is subject to the
18disciplinary action described in Section 110.
19    (225 ILCS 2/110)
20    (Section scheduled to be repealed on January 1, 2028)
21    Sec. 110. Grounds for disciplinary action.
22    (a) The Department may refuse to issue or to renew, place



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1on probation, suspend, revoke or take other disciplinary or
2non-disciplinary action as deemed appropriate including the
3imposition of fines not to exceed $10,000 for each violation,
4as the Department may deem proper, with regard to a license for
5any one or combination of the following causes:
6        (1) Violations of this Act or its rules.
7        (2) Conviction by plea of guilty or nolo contendere,
8    finding of guilt, jury verdict, or entry of judgment or
9    sentencing, including, but not limited to, convictions,
10    preceding sentences of supervision, conditional discharge,
11    or first offender probation, under the laws of any
12    jurisdiction of the United States that is (i) a felony or
13    (ii) a misdemeanor, an essential element of which is
14    dishonesty or that is directly related to the practice of
15    the profession.
16        (3) Making any misrepresentation for the purpose of
17    obtaining a license.
18        (4) Aiding or assisting another person in violating any
19    provision of this Act or its rules.
20        (5) Failing to provide information within 60 days in
21    response to a written request made by the Department which
22    has been sent by certified or registered mail to the
23    licensee's address of record or by email to the licensee's
24    email address of record.
25        (6) Discipline by another U.S. jurisdiction or foreign
26    nation, if at least one of the grounds for the discipline



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1    is the same or substantially equivalent to one set forth in
2    this Section.
3        (7) Solicitation of professional services by means
4    other than permitted under this Act.
5        (8) Failure to provide a patient with a copy of his or
6    her record upon the written request of the patient.
7        (9) Gross negligence in the practice of acupuncture.
8        (10) Habitual or excessive use or addiction to alcohol,
9    narcotics, stimulants, or any other chemical agent or drug
10    that results in an acupuncturist's inability to practice
11    with reasonable judgment, skill, or safety.
12        (11) A finding that licensure has been applied for or
13    obtained by fraudulent means.
14        (12) A pattern of practice or other behavior that
15    demonstrates incapacity or incompetence to practice under
16    this Act.
17        (13) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    under the Abused and Neglected Child Reporting Act and upon
20    proof by clear and convincing evidence that the licensee
21    has caused a child to be an abused child or a neglected
22    child as defined in the Abused and Neglected Child
23    Reporting Act.
24        (14) Willfully failing to report an instance of
25    suspected child abuse or neglect as required by the Abused
26    and Neglected Child Reporting Act.



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1        (15) The use of any words, abbreviations, figures or
2    letters (such as "Acupuncturist", "Licensed
3    Acupuncturist", "Certified Acupuncturist", "Doctor of
4    Acupuncture and Chinese Medicine", "Doctor of Acupuncture
5    and Oriental Medicine", "Doctor of Acupuncture", "Oriental
6    Medicine Practitioner", "Licensed Oriental Medicine
7    Practitioner", "Oriental Medicine Doctor", "Licensed
8    Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.",
9    "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any
10    designation used by the Accreditation Commission for
11    Acupuncture and Oriental Medicine with the intention of
12    indicating practice as a licensed acupuncturist without a
13    valid license as an acupuncturist issued under this Act.
14        When the name of the licensed acupuncturist is used
15    professionally in oral, written, or printed announcements,
16    professional cards, or publications for the information of
17    the public, the degree title or degree abbreviation shall
18    be added immediately following title and name. When the
19    announcement, professional card, or publication is in
20    writing or in print, the explanatory addition shall be in
21    writing, type, or print not less than 1/2 the size of that
22    used in the name and title. No person other than the holder
23    of a valid existing license under this Act shall use the
24    title and designation of "acupuncturist", either directly
25    or indirectly, in connection with his or her profession or
26    business.



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1        (16) Using claims of superior quality of care to entice
2    the public or advertising fee comparisons of available
3    services with those of other persons providing acupuncture
4    services.
5        (17) Advertising of professional services that the
6    offeror of the services is not licensed to render.
7    Advertising of professional services that contains false,
8    fraudulent, deceptive, or misleading material or
9    guarantees of success, statements that play upon the vanity
10    or fears of the public, or statements that promote or
11    produce unfair competition.
12        (18) Having treated ailments other than by the practice
13    of acupuncture as defined in this Act, or having treated
14    ailments of as a licensed acupuncturist pursuant to a
15    referral by written order that provides for management of
16    the patient by a physician or dentist without having
17    notified the physician or dentist who established the
18    diagnosis that the patient is receiving acupuncture
19    treatments.
20        (19) Unethical, unauthorized, or unprofessional
21    conduct as defined by rule.
22        (20) Physical illness, mental illness, or other
23    impairment that results in the inability to practice the
24    profession with reasonable judgment, skill, and safety,
25    including, without limitation, deterioration through the
26    aging process, mental illness, or disability.



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1        (21) Violation of the Health Care Worker Self-Referral
2    Act.
3        (22) Failure to refer a patient whose condition should,
4    at the time of evaluation or treatment, be determined to be
5    beyond the scope of practice of the acupuncturist to a
6    licensed physician or dentist.
7        (23) Holding himself or herself out as being trained in
8    Chinese herbology without being able to provide the
9    Department with proof of status as a Diplomate of Oriental
10    Medicine certified by the National Certification
11    Commission for Acupuncture and Oriental Medicine or a
12    substantially equivalent status approved by the Department
13    or proof that he or she has successfully completed the
14    National Certification Commission for Acupuncture and
15    Oriental Medicine Chinese Herbology Examination or a
16    substantially equivalent examination approved by the
17    Department.
18    The entry of an order by a circuit court establishing that
19any person holding a license under this Act is subject to
20involuntary admission or judicial admission as provided for in
21the Mental Health and Developmental Disabilities Code operates
22as an automatic suspension of that license. That person may
23have his or her license restored only upon the determination by
24a circuit court that the patient is no longer subject to
25involuntary admission or judicial admission and the issuance of
26an order so finding and discharging the patient and upon the



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1Board's recommendation to the Department that the license be
2restored. Where the circumstances so indicate, the Board may
3recommend to the Department that it require an examination
4prior to restoring a suspended license.
5    The Department may refuse to issue or renew the license of
6any person who fails to (i) file a return or to pay the tax,
7penalty or interest shown in a filed return or (ii) pay any
8final assessment of the tax, penalty, or interest as required
9by any tax Act administered by the Illinois Department of
10Revenue, until the time that the requirements of that tax Act
11are satisfied.
12    In enforcing this Section, the Department upon a showing of
13a possible violation may compel an individual licensed to
14practice under this Act, or who has applied for licensure under
15this Act, to submit to a mental or physical examination, or
16both, as required by and at the expense of the Department. The
17Department may order the examining physician to present
18testimony concerning the mental or physical examination of the
19licensee or applicant. No information shall be excluded by
20reason of any common law or statutory privilege relating to
21communications between the licensee or applicant and the
22examining physician. The examining physicians shall be
23specifically designated by the Department. The individual to be
24examined may have, at his or her own expense, another physician
25of his or her choice present during all aspects of this
26examination. Failure of an individual to submit to a mental or



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1physical examination, when directed, shall be grounds for
2suspension of his or her license until the individual submits
3to the examination if the Department finds, after notice and
4hearing, that the refusal to submit to the examination was
5without reasonable cause.
6    If the Department finds an individual unable to practice
7because of the reasons set forth in this Section, the
8Department may require that individual to submit to care,
9counseling, or treatment by physicians approved or designated
10by the Department, as a condition, term, or restriction for
11continued, restored, or renewed licensure to practice; or, in
12lieu of care, counseling, or treatment, the Department may file
13a complaint to immediately suspend, revoke, or otherwise
14discipline the license of the individual. An individual whose
15license was granted, continued, restored, renewed, disciplined
16or supervised subject to such terms, conditions, or
17restrictions, and who fails to comply with such terms,
18conditions, or restrictions, shall be referred to the Secretary
19for a determination as to whether the individual shall have his
20or her license suspended immediately, pending a hearing by the
22    In instances in which the Secretary immediately suspends a
23person's license under this Section, a hearing on that person's
24license must be convened by the Department within 30 days after
25the suspension and completed without appreciable delay. The
26Department and Board shall have the authority to review the



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1subject individual's record of treatment and counseling
2regarding the impairment to the extent permitted by applicable
3federal statutes and regulations safeguarding the
4confidentiality of medical records.
5    An individual licensed under this Act and affected under
6this Section shall be afforded an opportunity to demonstrate to
7the Department that he or she can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of his or her license.
10(Source: P.A. 100-375, eff. 8-25-17.)