97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2936

 

Introduced 2/1/2012, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Dietetic and Nutrition Services Practice Act. Changes the short title to the Dietitian Nutritionist Practice Act. Provides that any person who practices, offers to practice, attempts to practice, or holds oneself out as being able to provide dietetics and nutrition services without being licensed under the Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department of Financial and Professional Regulation in an amount not to exceed $10,000 (instead of $5,000) for each offense as determined by the Department. Reduces the number of members on the Dietitian Nutritionist Practice Board to 5 (instead of 7). Provides that to qualify for licensure as a dietitian nutritionist, the number of hours completed in a dietetic internship or documented, supervised practice experience in dietetics and nutrition services is a minimum of 1,200 hours (instead of 900 hours). Provides that the Department may, with regard to any license, refuse to issue or renew or may revoke, suspend, place on probation, reprimand or take other disciplinary or non-disciplinary action as the Department may deem proper, including imposing fines not to exceed $10,000 (instead of $1,000) per violation, for any one or any combination of specified offenses. Creates a provision concerning the confidentiality of all information collected by the Department in the course of an examination or investigation of a licensee or applicant. Repeals provisions concerning transition and deposit of fees and fines. Makes other changes. Amends the Regulatory Sunset Act to extend the Dietitian Nutritionist Practice Act from January 1, 2013 to January 1, 2023. Effective immediately.


LRB097 16902 CEL 62090 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Regulatory Sunset Act is amended by changing
5Section 4.23 and by adding Section 4.33 as follows:
 
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January
91, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing Act.
18    The Wholesale Drug Distribution Licensing Act.
19    Section 2.5 of the Illinois Plumbing License Law.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
 
21    (5 ILCS 80/4.33 new)
22    Sec. 4.33. Act repealed on January 1, 2023. The following

 

 

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1Act is repealed on January 1, 2023:
2    The Dietitian Nutritionist Practice Act.
 
3    Section 2. The Department of Public Health Powers and
4Duties Law of the Civil Administrative Code of Illinois is
5amended by changing Section 2310-210 as follows:
 
6    (20 ILCS 2310/2310-210)  (was 20 ILCS 2310/55.62a)
7    Sec. 2310-210. Advisory Panel on Minority Health.
8    (a) In this Section:
9    "Health profession" means any health profession regulated
10under the laws of this State, including, without limitation,
11professions regulated under the Illinois Athletic Trainers
12Practice Act, the Clinical Psychologist Licensing Act, the
13Clinical Social Work and Social Work Practice Act, the Illinois
14Dental Practice Act, the Dietitian Nutritionist Dietetic and
15Nutrition Services Practice Act, the Marriage and Family
16Therapy Licensing Act, the Medical Practice Act of 1987, the
17Naprapathic Practice Act, the Nurse Practice Act, the Illinois
18Occupational Therapy Practice Act, the Illinois Optometric
19Practice Act of 1987, the Illinois Physical Therapy Act, the
20Physician Assistant Practice Act of 1987, the Podiatric Medical
21Practice Act of 1987, the Professional Counselor and Clinical
22Professional Counselor Licensing Act, and the Illinois
23Speech-Language Pathology and Audiology Practice Act.
24    "Minority" has the same meaning as in Section 2310-215.

 

 

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1    (b) The General Assembly finds as follows:
2        (1) The health status of individuals from ethnic and
3    racial minorities in this State is significantly lower than
4    the health status of the general population of the State.
5        (2) Minorities suffer disproportionately high rates of
6    cancer, stroke, heart disease, diabetes, sickle-cell
7    anemia, lupus, substance abuse, acquired immune deficiency
8    syndrome, other diseases and disorders, unintentional
9    injuries, and suicide.
10        (3) The incidence of infant mortality among minorities
11    is almost double that for the general population.
12        (4) Minorities suffer disproportionately from lack of
13    access to health care and poor living conditions.
14        (5) Minorities are under-represented in the health
15    care professions.
16        (6) Minority participation in the procurement policies
17    of the health care industry is lacking.
18        (7) Minority health professionals historically have
19    tended to practice in low-income areas and to serve
20    minorities.
21        (8) National experts on minority health report that
22    access to health care among minorities can be substantially
23    improved by increasing the number of minority health
24    professionals.
25        (9) Increasing the number of minorities serving on the
26    facilities of health professional schools is an important

 

 

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1    factor in attracting minorities to pursue a career in
2    health professions.
3        (10) Retaining minority health professionals currently
4    practicing in this State and those receiving training and
5    education in this State is an important factor in
6    maintaining and increasing the number of minority health
7    professionals in Illinois.
8        (11) An Advisory Panel on Minority Health is necessary
9    to address the health issues affecting minorities in this
10    State.
11    (c) The General Assembly's intent is as follows:
12        (1) That all Illinoisans have access to health care.
13        (2) That the gap between the health status of
14    minorities and other Illinoisans be closed.
15        (3) That the health issues that disproportionately
16    affect minorities be addressed to improve the health status
17    of minorities.
18        (4) That the number of minorities in the health
19    professions be increased.
20    (d) The Advisory Panel on Minority Health is created. The
21Advisory Panel shall consist of 25 members appointed by the
22Director of Public Health. The members shall represent health
23professions and the General Assembly.
24    (e) The Advisory Panel shall assist the Department in the
25following manner:
26        (1) Examination of the following areas as they relate

 

 

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1    to minority health:
2            (A) Access to health care.
3            (B) Demographic factors.
4            (C) Environmental factors.
5            (D) Financing of health care.
6            (E) Health behavior.
7            (F) Health knowledge.
8            (G) Utilization of quality care.
9            (H) Minorities in health care professions.
10        (2) Development of monitoring, tracking, and reporting
11    mechanisms for programs and services with minority health
12    goals and objectives.
13        (3) Communication with local health departments,
14    community-based organizations, voluntary health
15    organizations, and other public and private organizations
16    statewide, on an ongoing basis, to learn more about their
17    services to minority communities, the health problems of
18    minority communities, and their ideas for improving
19    minority health.
20        (4) Promotion of communication among all State
21    agencies that provide services to minority populations.
22        (5) Building coalitions between the State and
23    leadership in minority communities.
24        (6) Encouragement of recruitment and retention of
25    minority health professionals.
26        (7) Improvement in methods for collecting and

 

 

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

 

 

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

 

 

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

 

 

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1    in diabetes management to whom the individual has been
2    referred by the primary care physician.
3        (2) an insurance plan means (A) a physician licensed to
4    practice medicine in all of its branches or (B) a
5    certified, registered, or licensed health care
6    professional with expertise in diabetes management to whom
7    the individual has been referred by a physician.
8    (c) Coverage under this Section for diabetes
9self-management training, including medical nutrition
10education, shall be limited to the following:
11        (1) Up to 3 medically necessary visits to a qualified
12    provider upon initial diagnosis of diabetes by the
13    patient's physician or, if diagnosis of diabetes was made
14    within one year prior to the effective date of this
15    amendatory Act of 1998 where the insured was a covered
16    individual, up to 3 medically necessary visits to a
17    qualified provider within one year after that effective
18    date.
19        (2) Up to 2 medically necessary visits to a qualified
20    provider upon a determination by a patient's physician that
21    a significant change in the patient's symptoms or medical
22    condition has occurred. A "significant change" in
23    condition means symptomatic hyperglycemia (greater than
24    250 mg/dl on repeated occasions), severe hypoglycemia
25    (requiring the assistance of another person), onset or
26    progression of diabetes, or a significant change in medical

 

 

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1    condition that would require a significantly different
2    treatment regimen.
3    Payment by the insurer or health maintenance organization
4for the coverage required for diabetes self-management
5training pursuant to the provisions of this Section is only
6required to be made for services provided. No coverage is
7required for additional visits beyond those specified in items
8(1) and (2) of this subsection.
9    Coverage under this subsection (c) for diabetes
10self-management training shall be subject to the same
11deductible, co-payment, and co-insurance provisions that apply
12to coverage under the policy for other services provided by the
13same type of provider.
14    (d) Coverage shall be provided for the following equipment
15when medically necessary and prescribed by a physician licensed
16to practice medicine in all of its branches. Coverage for the
17following items shall be subject to deductible, co-payment and
18co-insurance provisions provided for under the policy or a
19durable medical equipment rider to the policy:
20        (1) blood glucose monitors;
21        (2) blood glucose monitors for the legally blind;
22        (3) cartridges for the legally blind; and
23        (4) lancets and lancing devices.
24    This subsection does not apply to a group policy of
25accident and health insurance that does not provide a durable
26medical equipment benefit.

 

 

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1    (e) Coverage shall be provided for the following
2pharmaceuticals and supplies when medically necessary and
3prescribed by a physician licensed to practice medicine in all
4of its branches. Coverage for the following items shall be
5subject to the same coverage, deductible, co-payment, and
6co-insurance provisions under the policy or a drug rider to the
7policy:
8        (1) insulin;
9        (2) syringes and needles;
10        (3) test strips for glucose monitors;
11        (4) FDA approved oral agents used to control blood
12    sugar; and
13        (5) glucagon emergency kits.
14    This subsection does not apply to a group policy of
15accident and health insurance that does not provide a drug
16benefit.
17    (f) Coverage shall be provided for regular foot care exams
18by a physician or by a physician to whom a physician has
19referred the patient. Coverage for regular foot care exams
20shall be subject to the same deductible, co-payment, and
21co-insurance provisions that apply under the policy for other
22services provided by the same type of provider.
23    (g) If authorized by a physician, diabetes self-management
24training may be provided as a part of an office visit, group
25setting, or home visit.
26    (h) This Section shall not apply to agreements, contracts,

 

 

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1or policies that provide coverage for a specified diagnosis or
2other limited benefit coverage.
3(Source: P.A. 97-281, eff. 1-1-12.)
 
4    Section 5. The Dietetic and Nutrition Services Practice Act
5is amended by changing Sections 1, 10, 15, 15.5, 20, 30, 37,
645, 65, 70, 80, 85, 95, 97, 100, 105, 110, 115, 120, 125, 130,
7135, 140, 145, 155, 165, 175, and 180 and by adding Section 108
8as follows:
 
9    (225 ILCS 30/1)  (from Ch. 111, par. 8401-1)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 1. Short title. This Act may be cited as the Dietitian
12Nutritionist Dietetic and Nutrition Services Practice Act.
13(Source: P.A. 87-784.)
 
14    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 10. Definitions. As used in this Act:
17    "Address of record" means the designated address recorded
18by the Department in the applicant's or licensee's application
19file or license file as maintained by the Department's
20licensure maintenance unit. It is the duty of the applicant or
21licensee to inform the Department of any change of address and
22those changes must be made either through the Department's
23website or by contacting the Department.

 

 

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1    "Board" means the Dietitian Nutritionist Practice Board
2appointed by the Secretary Director.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Dietetics and nutrition services" means the integration
6and application of principles derived from the sciences of food
7and nutrition to provide for all aspects of nutrition care for
8individuals and groups, including, but not limited to:
9        (1) nutrition counseling; "nutrition counseling" means
10    advising and assisting individuals or groups on
11    appropriate nutrition intake by integrating information
12    from the nutrition assessment;
13        (2) nutrition assessment; "nutrition assessment" means
14    the evaluation of the nutrition needs of individuals or
15    groups using appropriate data to determine nutrient needs
16    or status and make appropriate nutrition recommendations;
17        (3) medically prescribed diet; "medically prescribed
18    diet" means a diet prescribed when specific food or
19    nutrient levels need to be monitored, altered, or both as a
20    component of a treatment program for an individual whose
21    health status is impaired or at risk due to disease,
22    injury, or surgery and may only be performed as initiated
23    by or in consultation with a physician licensed to practice
24    medicine in all of its branches;
25        (4) medical nutrition therapy; "medical nutrition
26    therapy" means the component of nutrition care that deals

 

 

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1    with:
2            (A) interpreting and recommending nutrient needs
3        relative to medically prescribed diets, including, but
4        not limited to, enteral feedings, specialized
5        intravenous solutions, and specialized oral feedings;
6            (B) food and prescription drug interactions; and
7            (C) developing and managing food service
8        operations whose chief function is nutrition care and
9        provision of medically prescribed diets;
10        (5) nutrition services for individuals and groups;
11    "nutrition services for individuals and groups" includes,
12    but is not limited to, all of the following:
13            (A) providing nutrition assessments relative to
14        preventive maintenance or restorative care;
15            (B) providing nutrition education and nutrition
16        counseling as components of preventive maintenance or
17        restorative care; and
18            (C) developing and managing systems whose chief
19        function is nutrition care; nutrition services for
20        individuals and groups does not include medical
21        nutrition therapy as defined in this Act; and
22        (6) restorative; "restorative" means the component of
23    nutrition care that deals with oral dietary needs for
24    individuals and groups; activities shall relate to the
25    metabolism of food and the requirements for nutrients,
26    including dietary supplements for growth, development,

 

 

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1    maintenance, or attainment of optimal health.
2    "Dietetics" means the integration and application of
3principles derived from the sciences of food and nutrition to
4provide for all aspects of nutrition care for individuals and
5groups, including, but not limited to nutrition services and
6medical nutrition therapy as defined in this Act.
7    "Director" means the Director of the Department of
8Professional Regulation.
9    "Licensed dietitian nutritionist" means a person licensed
10under this Act to practice dietetics and nutrition services, as
11defined in this Section including medical nutrition therapy.
12Activities of a licensed dietitian nutritionist do not include
13the medical differential diagnosis of the health status of an
14individual.
15    "Medical nutrition therapy" means the component of
16nutrition care that deals with:
17        (a) interpreting and recommending nutrient needs
18    relative to medically prescribed diets, including, but not
19    limited to tube feedings, specialized intravenous
20    solutions, and specialized oral feedings;
21        (b) food and prescription drug interactions; and
22        (c) developing and managing food service operations
23    whose chief function is nutrition care and provision of
24    medically prescribed diets.
25    "Medically prescribed diet" means a diet prescribed when
26specific food or nutrient levels need to be monitored, altered,

 

 

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1or both as a component of a treatment program for an individual
2whose health status is impaired or at risk due to disease,
3injury, or surgery and may only be performed as initiated by or
4in consultation with a physician licensed to practice medicine
5in all of its branches.
6    "Nutrition assessment" means the evaluation of the
7nutrition needs of individuals or groups using appropriate data
8to determine nutrient needs or status and make appropriate
9nutrition recommendations.
10    "Nutrition counseling" means advising and assisting
11individuals or groups on appropriate nutrition intake by
12integrating information from the nutrition assessment.
13    "Nutrition services for individuals and groups" shall
14include, but is not limited to, all of the following;
15        (a) Providing nutrition assessments relative to
16    preventive maintenance or restorative care.
17        (b) Providing nutrition education and nutrition
18    counseling as components of preventive maintenance or
19    restorative care.
20        (c) Developing and managing systems whose chief
21    function is nutrition care. Nutrition services for
22    individuals and groups does not include medical nutrition
23    therapy as defined in this Act.
24    "Practice experience" means a preprofessional, documented,
25supervised practice in dietetics or nutrition services that is
26acceptable to the Department in compliance with requirements

 

 

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1for licensure, as specified in Section Sections 45 and 50. It
2may be or may include a documented, supervised practice
3experience which is a component of the educational requirements
4for licensure, as specified in Section 45 or 50.
5    "Registered dietitian" means an individual registered with
6the Commission on Dietetic Registration, the accrediting body
7of the Academy of Nutrition and Dietetics, formerly known as
8for the American Dietetic Association.
9    "Secretary" means the Secretary of Financial and
10Professional Regulation.
11    "Restorative" means the component of nutrition care that
12deals with oral dietary needs for individuals and groups.
13Activities shall relate to the metabolism of food and the
14requirements for nutrients, including dietary supplements for
15growth, development, maintenance, or attainment of optimal
16health.
17(Source: P.A. 92-642, eff. 10-31-03.)
 
18    (225 ILCS 30/15)  (from Ch. 111, par. 8401-15)
19    (Section scheduled to be repealed on January 1, 2013)
20    Sec. 15. License required.
21    (a) No person may engage for remuneration in the practice
22of dietetics and nutrition services nutrition services
23practice or hold himself or herself out as a licensed dietitian
24nutritionist unless the person is licensed in accordance with
25this Act. or meets one or more of the following criteria:

 

 

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1    (b) This Section does not prohibit the practice of
2dietetics and nutrition services by the following:
3        (1) A The person is licensed in this State under any
4    other Act that authorizes the person to provide these
5    services. (2) The person that is licensed to practice
6    nutrition under the law of another state, territory of the
7    United States, or country and has applied in writing to the
8    Department in form and substance satisfactory to the
9    Department for a license as a dietitian nutritionist until
10    (i) the expiration of 6 months after filing the written
11    application, (ii) the withdrawal of the application, or
12    (iii) the denial of the application by the Department.
13    (b) No person shall practice dietetics, as defined in this
14Act, or hold himself or herself out as a licensed dietitian
15nutritionist unless that person is so licensed under this Act
16or meets one or more of the following criteria:
17        (1) The person is licensed in this State under any
18    other Act that authorizes the person to provide these
19    services.
20        (2) The person is a dietary technical support person,
21    working in a hospital setting or a regulated Department of
22    Public Health or Department on Aging facility or program,
23    who has been trained and is supervised while engaged in the
24    practice of dietetics by a licensed dietitian nutritionist
25    in accordance with this Act and whose services are retained
26    by that facility or program on a full time or regular,

 

 

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1    ongoing consultant basis.
2        (2) A (3) The person that is licensed to practice
3    dietetics under the law of another state, territory of the
4    United States, or country, or is a registered dietitian,
5    who has applied in writing to the Department in form and
6    substance satisfactory to the Department for a license as a
7    dietitian nutritionist until (i) the expiration of 6 months
8    after the filing the written application, (ii) the
9    withdrawal of the application, or (iii) the denial of the
10    application by the Department.
11    (c) No person shall practice dietetics or nutrition
12services, as defined in this Act, or hold himself or herself
13out as a licensed dietitian nutritionist, a dietitian, a
14nutritionist, or a nutrition counselor unless the person is
15licensed in accordance with this Act.
16(Source: P.A. 92-642, eff. 10-31-03.)
 
17    (225 ILCS 30/15.5)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 15.5. Unlicensed practice; violation; civil penalty.
20    (a) Any person who practices, offers to practice, attempts
21to practice, or holds oneself out as being able to provide
22practice dietetics and or nutrition services without being
23licensed under this Act shall, in addition to any other penalty
24provided by law, pay a civil penalty to the Department in an
25amount not to exceed $10,000 $5,000 for each offense as

 

 

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1determined by the Department. The civil penalty shall be
2assessed by the Department after a hearing is held in
3accordance with the provisions set forth in this Act regarding
4the provision of a hearing for the discipline of a licensee.
5    (b) The Department has the authority and power to
6investigate any and all unlicensed activity.
7    (c) The civil penalty shall be paid within 60 days after
8the effective date of the order imposing the civil penalty. The
9order shall constitute a judgment and may be filed and
10execution had thereon in the same manner as any judgment from
11any court of record.
12(Source: P.A. 92-642, eff. 10-31-03.)
 
13    (225 ILCS 30/20)  (from Ch. 111, par. 8401-20)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 20. Exemptions. This Act does not prohibit or
16restrict:
17    (a) Any person licensed in this State under any other Act
18from engaging in the practice for which he or she is licensed.
19    (b) The practice of dietetics and or nutrition services by
20a person who is employed by the United States or State
21government or any of its bureaus, divisions, or agencies while
22in the discharge of the employee's official duties.
23    (c) The practice of dietetics and nutrition services by a
24person employed as a cooperative extension home economist, to
25the extent the activities are part of his or her employment.

 

 

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1    (d) The practice of dietetics and nutrition services or
2dietetics by a person pursuing a course of study leading to a
3degree in dietetics, nutrition, or an equivalent major, as
4authorized by the Department, from a regionally accredited
5school or program, if the activities and services constitute a
6part of a supervised course of study and if the person is
7designated by a title that clearly indicates the person's
8status as a student or trainee.
9    (e) The practice of dietetics and nutrition services or
10dietetics by a person fulfilling the supervised practice
11experience component of Section Sections 45 or 50, if the
12activities and services constitute a part of the experience
13necessary to meet the requirements of Section 45 or 50.
14    (f) A person from providing oral nutrition information as
15an operator or employee of a health food store or business that
16sells health products, including dietary supplements, food, or
17food materials, or disseminating written nutrition information
18in connection with the marketing and distribution of those
19products.
20    (g) The practice of dietetics and nutrition services by an
21educator who is in the employ of a nonprofit organization; , as
22authorized by the Department, a federal, state, county, or
23municipal agency, or other political subdivision; an
24elementary or secondary school; or a regionally accredited
25institution of higher education, as long as the activities and
26services of the educator are part of his or her employment.

 

 

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1    (h) The practice of dietetics and nutrition services by any
2person who provides weight control services, provided the
3nutrition program has been reviewed by, consultation is
4available from, and no program change can be initiated without
5prior approval by an individual licensed under this Act, an
6individual licensed to practice dietetics or nutrition
7services in another state that has licensure requirements
8considered by the Department to be at least as stringent as the
9requirements for licensure under this Act, or a registered
10dietitian.
11    (i) The practice of dietetics and nutrition services or
12dietetics by any person with a masters or doctorate degree with
13a major in nutrition or equivalent from a regionally accredited
14school recognized by the Department for the purpose of
15education and research.
16    (j) (Blank). Any person certified in this State and who is
17employed by a facility or program regulated by the State of
18Illinois from engaging in the practice for which he or she is
19certified and authorized by the Department.
20    (k) The practice of dietetics and nutrition services by a
21graduate of a 2 year associate program or a 4 year
22baccalaureate program from a school or program accredited at
23the time of graduation by the appropriate accrediting agency
24recognized by the Council on Higher Education Accreditation and
25the United States Department of Education with a major in human
26nutrition, food and nutrition or its equivalent, as authorized

 

 

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1by the Department, who is directly supervised by an individual
2licensed under this Act.
3    (l) Providing nutrition information as an employee of a
4nursing facility operated exclusively by and for those relying
5upon spiritual means through prayer alone for healing in
6accordance with the tenets and practices of a recognized church
7or religious denomination.
8    (m) A dietary technical support person working in a
9hospital setting or a regulated Department of Public Health or
10Department on Aging facility or program who has been trained
11and is supervised while engaged in the practice of dietetics by
12a licensed dietitian nutritionist in accordance with this Act
13and whose services are retained by that facility or program on
14a full-time or regular, ongoing consultant basis.
15    The provisions of this Act shall not be construed to
16prohibit or limit any person from the free dissemination of
17information, from conducting a class or seminar, or from giving
18a speech related to nutrition if that person does not hold
19himself or herself out as a licensed dietitian nutritionist
20nutrition counselor or licensed dietitian in a manner
21prohibited by Section 15.
22(Source: P.A. 92-642, eff. 10-31-03.)
 
23    (225 ILCS 30/30)  (from Ch. 111, par. 8401-30)
24    (Section scheduled to be repealed on January 1, 2013)
25    Sec. 30. Dietitian Nutritionist Practice Board. The

 

 

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1Secretary Director shall appoint a Dietitian Nutritionist
2Practice Board as follows: 5 7 individuals who shall be
3appointed by and shall serve in an advisory capacity to the
4Secretary Director. Of these 5 7 individuals, 4 members must be
5licensed under this Act; one member must be a physician
6licensed to practice medicine in all of its branches; one
7member must be a licensed professional nurse; and one member
8must be a public member not licensed under this Act.
9    Members shall serve 3-year 3 year terms and until their
10successors are appointed and qualified, except the terms of the
11initial appointments. No member shall be reappointed to the
12Board for a term that would cause his or her continuous service
13on the Board to be longer than 8 years. Appointments to fill
14vacancies shall be made in the same manner as original
15appointments, for the unexpired portion of the vacated term.
16Initial terms shall begin upon the effective date of this Act
17and Board members in office on that date shall be appointed to
18specific terms as indicated in this Section.
19    Insofar as possible, the licensed professionals appointed
20to serve on the Board shall be generally representative of the
21geographical distribution of licensed professionals within The
22membership of the Board shall reasonably represent all the
23geographic areas in this State. Any time there is a vacancy on
24the Board, any professional association composed of persons
25licensed under this Act may recommend licensees to fill the
26vacancy to the Board for the appointment of licensees, the

 

 

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1organization representing the largest number of licensed
2physicians for the appointment of physicians to the Board, and
3the organization representing the largest number of licensed
4professional nurses for the appointment of a nurse to the
5Board.
6    A vacancy in the membership of the Board shall not impair
7the right of a quorum to exercise all the rights and perform
8all the duties of the Board.
9    Members of the Board shall have no liability in any action
10based upon any disciplinary proceeding or other activity
11performed in good faith as members of the Board.
12    The Secretary Director shall have the authority to remove
13or suspend any member of the Board for cause at any time before
14the expiration of his or her term. The Secretary shall be the
15sole arbiter of cause from office for neglect of any duty
16required by law or for incompetency or unprofessional or
17dishonorable conduct.
18    The Secretary Director shall consider the recommendation
19of the Board on questions of standards of professional conduct,
20discipline, and qualifications of candidates or licensees
21under this Act.
22(Source: P.A. 92-642, eff. 10-31-03.)
 
23    (225 ILCS 30/45)  (from Ch. 111, par. 8401-45)
24    (Section scheduled to be repealed on January 1, 2013)
25    Sec. 45. Dietitian nutritionist; qualifications. A person

 

 

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1shall be qualified for licensure as a dietitian nutritionist if
2that person meets all of the following requirements:
3    (a) Has applied in writing in form and substance acceptable
4to the Department and possesses a baccalaureate degree or post
5baccalaureate degree in human nutrition, foods and nutrition,
6dietetics, food systems management, nutrition education, or an
7equivalent major course of study as recommended by the Board
8and approved by the Department from a school or program
9accredited at the time of graduation from the appropriate
10regional accrediting agency recognized by the Council on Higher
11Education Accreditation and the United States Department of
12Education.
13    (b) Has successfully completed the examination authorized
14by the Department which may be or may include an examination
15given by the Commission on Dietetic Registration.
16    The Department shall establish by rule a waiver of the
17examination requirement to applicants who, at the time of
18application, are acknowledged to be registered dietitians by
19the Commission on Dietetic Registration and who are in
20compliance with other qualifications as included in the Act.
21    (c) Has completed a dietetic internship or documented,
22supervised practice experience in dietetics and nutrition
23services of not less than 1,200 900 hours under the supervision
24of a registered dietitian or a licensed dietitian nutritionist,
25a State licensed healthcare practitioner, or an individual with
26a doctoral degree conferred by a U.S. regionally accredited

 

 

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

 

 

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

 

 

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1    If the person has not maintained an active practice in
2another jurisdiction satisfactory to the Department, the
3Department shall determine, by an evaluation program
4established by rule, his or her fitness to resume active status
5and may require the person to complete a period of evaluated
6professional experience and may require successful completion
7of a practical examination.
8    Any person, however, whose license expired while (i) in
9Federal Service on active duty with the Armed Forces of the
10United States, or called into service or training with the
11State Militia, or (ii) in training or education under the
12supervision of the United States preliminary to induction into
13the military service may have his or her license restored
14without paying any lapsed renewal fees if within 2 years after
15honorable termination of the service, training, or education he
16or she furnishes the Department with satisfactory evidence to
17the effect that he or she has been so engaged and that the
18service, training or education has been terminated.
19(Source: P.A. 92-642, eff. 7-11-02.)
 
20    (225 ILCS 30/70)  (from Ch. 111, par. 8401-70)
21    (Section scheduled to be repealed on January 1, 2013)
22    Sec. 70. Inactive status; restoration; military service.
23    (a) Any person who notifies the Department in writing on
24forms prescribed by the Department may elect to place his or
25her license on an inactive status and shall, subject to rules

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    sentencing of any crime, including, but not limited to,
2    convictions, preceding sentences of supervision,
3    conditional discharge, or first offender probation, under
4    the laws of any jurisdiction of the United States (i) that
5    is a felony or (ii) that is a misdemeanor, an essential
6    element of which is dishonesty, or that is directly related
7    to the practice of the profession Conviction of any crime
8    under the laws of the United States or any state or
9    territory thereof that is (i) a felony; (ii) a misdemeanor,
10    an essential element of which is dishonesty; or (iii) a
11    crime that is directly related to the practice of the
12    profession.
13        (d) Fraud or Making any misrepresentation in applying
14    for or procuring a license under this Act or in connection
15    with applying for renewal of a license under this Act for
16    the purpose of obtaining licensure or violating any
17    provision of this Act.
18        (e) Professional incompetence or gross negligence.
19        (f) Malpractice.
20        (g) Aiding or assisting another person in violating any
21    provision of this Act or its rules.
22        (h) Failing to provide information within 60 days in
23    response to a written request made by the Department.
24        (i) Engaging in dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (225 ILCS 30/97)  (from Ch. 111, par. 8401-97)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 97. Payments; penalty for insufficient funds. Any
4person who delivers a check or other payment to the Department
5that is returned to the Department unpaid by the financial
6institution upon which it is drawn shall pay to the Department,
7in addition to the amount already owed to the Department, a
8fine of $50. The fines imposed by this Section are in addition
9to any other discipline provided under this Act for unlicensed
10practice or practice on a nonrenewed license. The Department
11shall notify the person that payment of fees and fines shall be
12paid to the Department by certified check or money order within
1330 calendar days of the notification. If, after the expiration
14of 30 days from the date of the notification, the person has
15failed to submit the necessary remittance, the Department shall
16automatically terminate the license or certificate or deny the
17application, without hearing. If, after termination or denial,
18the person seeks a license or certificate, he or she shall
19apply to the Department for restoration or issuance of the
20license or certificate and pay all fees and fines due to the
21Department. The Department may establish a fee for the
22processing of an application for restoration of a license or
23certificate to pay all expenses of processing this application.
24The Secretary Director may waive the fines due under this
25Section in individual cases where the Secretary Director finds

 

 

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

 

 

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1for relief as provided in subsection (a) of this Section.
2    (c) Whenever in the opinion of the Department any person
3violates any provision of this Act, the Department may issue a
4rule to show cause why an order to cease and desist should be
5entered against him or her. The rule shall clearly set forth
6the grounds relied upon the Department and shall provide a
7period of 7 days from the date of the rule to file an answer to
8the satisfaction of the Department. Failure to answer to the
9satisfaction of the Department shall cause in order to cease
10and desist to be issued immediately.
11(Source: P.A. 87-784.)
 
12    (225 ILCS 30/105)  (from Ch. 111, par. 8401-105)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 105. Investigation; notice and hearing. The
15Department may investigate the actions or qualifications of any
16applicant or of any person or persons holding or claiming to
17hold a license or certificate of registration. The Department
18shall, before refusing to issue or renew a license or to
19discipline a licensee under Section 95 before suspending,
20revoking, placing on probationary status, or taking any other
21disciplinary action as the Department may deem proper with
22regard to any license or certificate of registration, at least
2330 days before the date set for the hearing, (i) notify the
24accused in writing of any charges made and the time and place
25for a hearing of the charges before the Board, (ii) direct him

 

 

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

 

 

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

 

 

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1    (225 ILCS 30/108 new)
2    Sec. 108. Confidentiality. All information collected by
3the Department in the course of an examination or investigation
4of a licensee or applicant, including, but not limited to, any
5complaint against a licensee filed with the Department and
6information collected to investigate any such complaint, shall
7be maintained for the confidential use of the Department and
8shall not be disclosed. The Department may not disclose the
9information to anyone other than law enforcement officials,
10other regulatory agencies that have an appropriate regulatory
11interest as determined by the Secretary, or a party presenting
12a lawful subpoena to the Department. Information and documents
13disclosed to a federal, State, county, or local law enforcement
14agency shall not be disclosed by the agency for any purpose to
15any other agency or person. A formal complaint filed against a
16licensee by the Department or any order issued by the
17Department against a licensee or applicant shall be a public
18record, except as otherwise prohibited by law.
 
19    (225 ILCS 30/110)  (from Ch. 111, par. 8401-110)
20    (Section scheduled to be repealed on January 1, 2013)
21    Sec. 110. Record of hearing. The Department, at its
22expense, shall preserve a record of all proceedings at the
23formal hearing of any case. The notice of hearing, complaint,
24and other documents in the nature of pleadings and written
25motions filed in the proceedings, the transcript of testimony,

 

 

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1the report of the Board, and orders of the Department shall be
2in the record of the proceedings. The Department shall furnish
3a transcript of the record to any person interested in the
4hearing upon payment of the fee required under Section 2105-115
5of the Department of Professional Regulation Law (20 ILCS
62105/2105-115).
7(Source: P.A. 91-239, eff. 1-1-00.)
 
8    (225 ILCS 30/115)  (from Ch. 111, par. 8401-115)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 115. Subpoenas; oaths; attendance of witnesses.
11    (a) The Department may shall have the power to subpoena and
12to bring before it any person and to take the oral or written
13testimony or compel the production of any books, papers,
14records, or any other documents that the Secretary or his or
15her designee deems relevant or material to any investigation or
16hearing conducted by the Department either orally or by
17deposition, or both, with the same fees and mileage and in the
18same manner as prescribed in civil cases in the courts of this
19State.
20    (b) The Secretary Director, the designated hearing
21officer, any and every member of the Board, or a certified
22shorthand court reporter may shall have power to administer
23oaths to witnesses at any hearing that the Department conducts
24is authorized to conduct and any other oaths authorized in any
25Act administered by the Department. Notwithstanding any other

 

 

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

 

 

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

 

 

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1order in accordance with recommendations of the Board, except
2as provided for in Section 120. If the respondent orders a
3transcript of the record from the reporting service and pays
4for it within the time for filing a motion for rehearing, the
520 calendar day period within which a motion for rehearing may
6be filed shall commence upon the delivery of the transcript to
7the respondent.
8(Source: P.A. 87-784; 87-1000.)
 
9    (225 ILCS 30/130)  (from Ch. 111, par. 8401-130)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 130. Order for rehearing Rehearing. Whenever the
12Secretary Director is not satisfied that substantial justice
13has been done in the revocation, suspension, or refusal to
14issue or renew a license the Secretary Director may order a
15rehearing by the same or other hearing officers examiners.
16(Source: P.A. 87-784.)
 
17    (225 ILCS 30/135)  (from Ch. 111, par. 8401-135)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 135. Hearing officer. The Secretary Director shall
20have the authority to appoint any attorney duly licensed to
21practice law in the State of Illinois to serve as the hearing
22officer in any action for refusal to issue or renew a license
23or to discipline a licensee or person holding a license. The
24hearing officer shall have full authority to conduct the

 

 

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

 

 

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

 

 

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1institution of proceedings for a hearing provided for in
2Section 105 of this Act, if the Secretary Director finds that
3the evidence in his or her possession indicates that a
4licensee's continuation in practice would constitute an
5imminent danger to the public. In the event that the Secretary
6Director summarily suspends the license of a dietitian or
7nutrition counselor without a hearing, a hearing shall by the
8Board must be commenced held within 30 calendar days after the
9suspension has occurred and shall be concluded as expeditiously
10as possible.
11(Source: P.A. 87-784; 87-1000.)
 
12    (225 ILCS 30/165)  (from Ch. 111, par. 8401-165)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 165. Certification of record; receipt. The Department
15shall not be required to certify any record to the Court or
16file any answer in court or otherwise appear in any court in a
17judicial review proceeding, unless and until the Department has
18received from the plaintiff there is filed in the court, with
19the complaint, a receipt from the Department acknowledging
20payment of the costs of furnishing and certifying the record,
21which costs shall be determined by the Department. Exhibits
22shall be certified without cost. Failure on the part of the
23plaintiff to file a receipt in Court is shall be grounds for
24dismissal of the action.
25(Source: P.A. 87-784.)
 

 

 

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

 

 

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1(Source: P.A. 87-784.)
 
2    (225 ILCS 30/56 rep.)
3    (225 ILCS 30/87 rep.)
4    Section 6. The Dietetic and Nutrition Services Practice Act
5is amended by repealing Sections 56 and 87.
 
6    Section 8. The Elder Abuse and Neglect Act is amended by
7changing Section 2 as follows:
 
8    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
9    Sec. 2. Definitions. As used in this Act, unless the
10context requires otherwise:
11    (a) "Abuse" means causing any physical, mental or sexual
12injury to an eligible adult, including exploitation of such
13adult's financial resources.
14    Nothing in this Act shall be construed to mean that an
15eligible adult is a victim of abuse, neglect, or self-neglect
16for the sole reason that he or she is being furnished with or
17relies upon treatment by spiritual means through prayer alone,
18in accordance with the tenets and practices of a recognized
19church or religious denomination.
20    Nothing in this Act shall be construed to mean that an
21eligible adult is a victim of abuse because of health care
22services provided or not provided by licensed health care
23professionals.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1impairments, or both, or a diminished capacity, to perform
2essential self-care tasks that substantially threaten his or
3her own health, including: providing essential food, clothing,
4shelter, and health care; and obtaining goods and services
5necessary to maintain physical health, mental health,
6emotional well-being, and general safety. The term includes
7compulsive hoarding, which is characterized by the acquisition
8and retention of large quantities of items and materials that
9produce an extensively cluttered living space, which
10significantly impairs the performance of essential self-care
11tasks or otherwise substantially threatens life or safety.
12    (j) "Substantiated case" means a reported case of alleged
13or suspected abuse, neglect, financial exploitation, or
14self-neglect in which a provider agency, after assessment,
15determines that there is reason to believe abuse, neglect, or
16financial exploitation has occurred.
17(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
18eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
19eff. 1-1-12; 97-300, eff. 8-11-11; revised 10-4-11.)
 
20    Section 10. The Unified Code of Corrections is amended by
21changing Section 5-5-5 as follows:
 
22    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
23    Sec. 5-5-5. Loss and Restoration of Rights.
24    (a) Conviction and disposition shall not entail the loss by

 

 

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

 

 

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

 

 

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1    employment of persons previously convicted of one or more
2    criminal offenses;
3        (2) the specific duties and responsibilities
4    necessarily related to the license being sought;
5        (3) the bearing, if any, the criminal offenses or
6    offenses for which the person was previously convicted will
7    have on his or her fitness or ability to perform one or
8    more such duties and responsibilities;
9        (4) the time which has elapsed since the occurrence of
10    the criminal offense or offenses;
11        (5) the age of the person at the time of occurrence of
12    the criminal offense or offenses;
13        (6) the seriousness of the offense or offenses;
14        (7) any information produced by the person or produced
15    on his or her behalf in regard to his or her rehabilitation
16    and good conduct, including a certificate of relief from
17    disabilities issued to the applicant, which certificate
18    shall create a presumption of rehabilitation in regard to
19    the offense or offenses specified in the certificate; and
20        (8) the legitimate interest of the licensing agency in
21    protecting property, and the safety and welfare of specific
22    individuals or the general public.
23    (i) A certificate of relief from disabilities shall be
24issued only for a license or certification issued under the
25following Acts:
26        (1) the Animal Welfare Act; except that a certificate

 

 

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1    of relief from disabilities may not be granted to provide
2    for the issuance or restoration of a license under the
3    Animal Welfare Act for any person convicted of violating
4    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
5    Care for Animals Act or Section 26-5 of the Criminal Code
6    of 1961;
7        (2) the Illinois Athletic Trainers Practice Act;
8        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
9    and Nail Technology Act of 1985;
10        (4) the Boiler and Pressure Vessel Repairer Regulation
11    Act;
12        (5) the Boxing and Full-contact Martial Arts Act;
13        (6) the Illinois Certified Shorthand Reporters Act of
14    1984;
15        (7) the Illinois Farm Labor Contractor Certification
16    Act;
17        (8) the Interior Design Title Act;
18        (9) the Illinois Professional Land Surveyor Act of
19    1989;
20        (10) the Illinois Landscape Architecture Act of 1989;
21        (11) the Marriage and Family Therapy Licensing Act;
22        (12) the Private Employment Agency Act;
23        (13) the Professional Counselor and Clinical
24    Professional Counselor Licensing Act;
25        (14) the Real Estate License Act of 2000;
26        (15) the Illinois Roofing Industry Licensing Act;

 

 

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

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.23
4    5 ILCS 80/4.33 new
5    20 ILCS 2310/2310-210was 20 ILCS 2310/55.62a
6    215 ILCS 5/356w
7    225 ILCS 30/1from Ch. 111, par. 8401-1
8    225 ILCS 30/10from Ch. 111, par. 8401-10
9    225 ILCS 30/15from Ch. 111, par. 8401-15
10    225 ILCS 30/15.5
11    225 ILCS 30/20from Ch. 111, par. 8401-20
12    225 ILCS 30/30from Ch. 111, par. 8401-30
13    225 ILCS 30/45from Ch. 111, par. 8401-45
14    225 ILCS 30/65from Ch. 111, par. 8401-65
15    225 ILCS 30/70from Ch. 111, par. 8401-70
16    225 ILCS 30/80from Ch. 111, par. 8401-80
17    225 ILCS 30/85from Ch. 111, par. 8401-85
18    225 ILCS 30/95from Ch. 111, par. 8401-95
19    225 ILCS 30/97from Ch. 111, par. 8401-97
20    225 ILCS 30/100from Ch. 111, par. 8401-100
21    225 ILCS 30/105from Ch. 111, par. 8401-105
22    225 ILCS 30/108 new
23    225 ILCS 30/110from Ch. 111, par. 8401-110
24    225 ILCS 30/115from Ch. 111, par. 8401-115
25    225 ILCS 30/120from Ch. 111, par. 8401-120

 

 

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1    225 ILCS 30/125from Ch. 111, par. 8401-125
2    225 ILCS 30/130from Ch. 111, par. 8401-130
3    225 ILCS 30/135from Ch. 111, par. 8401-135
4    225 ILCS 30/140from Ch. 111, par. 8401-140
5    225 ILCS 30/145from Ch. 111, par. 8401-145
6    225 ILCS 30/155from Ch. 111, par. 8401-155
7    225 ILCS 30/165from Ch. 111, par. 8401-165
8    225 ILCS 30/175from Ch. 111, par. 8401-175
9    225 ILCS 30/180from Ch. 111, par. 8401-180
10    225 ILCS 30/56 rep.
11    225 ILCS 30/87 rep.
12    320 ILCS 20/2from Ch. 23, par. 6602
13    730 ILCS 5/5-5-5from Ch. 38, par. 1005-5-5