Illinois General Assembly - Full Text of HB5031
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Full Text of HB5031  102nd General Assembly

HB5031eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5031 EngrossedLRB102 24653 AMQ 33892 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
 
20    (5 ILCS 80/4.38)
21    Sec. 4.38. Acts repealed on January 1, 2028. The following
22Acts are repealed on January 1, 2028:

 

 

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1    The Acupuncture Practice Act.
2    The Clinical Social Work and Social Work Practice Act.
3    The Home Medical Equipment and Services Provider License
4Act.
5    The Illinois Petroleum Education and Marketing Act.
6    The Illinois Speech-Language Pathology and Audiology
7Practice Act.
8    The Interpreter for the Deaf Licensure Act of 2007.
9    The Naprapathic Practice Act.
10    The Nurse Practice Act.
11    The Nursing Home Administrators Licensing and Disciplinary
12Act.
13    The Physician Assistant Practice Act of 1987.
14    The Podiatric Medical Practice Act of 1987.
15(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
16100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
178-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
18100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
19    Section 10. The Naprapathic Practice Act is amended by
20changing Sections 10, 15, 17, 57, 110, 125, 145, 150, 155, 165,
21and 190 and by adding Sections 11 and 36 as follows:
 
22    (225 ILCS 63/10)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 10. Definitions. In this Act:

 

 

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1    "Address of record" means the designated address recorded
2by the Department in the applicant's or licensee's application
3file or license file as maintained by the Department's
4licensure maintenance unit. It is the duty of the applicant or
5licensee to inform the Department of any change of address and
6those changes must be made either through the Department's
7website or by contacting the Department.
8    "Board" means the Board of Naprapathy appointed by the
9Secretary.
10    "Email address of record" means the designated email
11address recorded by the Department in the applicant's
12application file or the licensee's license file, as maintained
13by the Department's licensure maintenance unit.
14    "Naprapath" means a person who practices Naprapathy and
15who has met all requirements as provided in the Act.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Secretary" means the Secretary of the Department of
19Financial and Professional Regulation.
20    "Referral" means the following of guidance or direction to
21the naprapath given by the licensed physician, dentist, or
22podiatric physician who maintains supervision of the patient.
23    "Documented current and relevant diagnosis" means a
24diagnosis, substantiated by signature or oral verification of
25a licensed physician, dentist, or podiatric physician, that a
26patient's condition is such that it may be treated by

 

 

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1naprapathy as defined in this Act, which diagnosis shall
2remain in effect until changed by the licensed physician,
3dentist, or podiatric physician.
4(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13.)
 
5    (225 ILCS 63/11 new)
6    Sec. 11. Address of record; email address of record. All
7applicants and licensees shall:
8        (1) provide a valid address and email address to the
9    Department, which shall serve as the address of record and
10    email address of record, respectively, at the time of
11    application for licensure or renewal of a license; and
12        (2) inform the Department of any change of address of
13    record or email address of record within 14 days after
14    such change either through the Department's website or by
15    contacting the Department's licensure maintenance unit.
 
16    (225 ILCS 63/15)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 15. Practice of naprapathy defined; referrals.
19Naprapathic practice means the identification, evaluation, and
20treatment evaluation of persons with connective tissue
21disorders through the use of naprapathic case history and
22palpation or treatment of persons by the use of connective
23tissue manipulation, therapeutic and rehabilitative exercise,
24postural counseling, nutritional counseling, and the use of

 

 

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1the effective properties of physical measures of heat, cold,
2light, water, radiant energy, electricity, sound and air, and
3assistive devices for the purpose of preventing, correcting,
4or alleviating a physical disability.
5    Naprapathic practice includes, but is not limited to, the
6treatment of contractures, muscle spasms, inflammation, scar
7tissue formation, adhesions, lesions, laxity, hypotonicity,
8rigidity, structural imbalance, bruising, contusions, muscular
9atrophy, and partial separation of connective tissue fibers.
10    Naprapathic practice also includes: (a) performance of
11specialized tests and measurements, (b) administration of
12specialized treatment procedures, (c) interpretation of
13referrals from licensed physicians, dentists, and podiatric
14physicians, (d) establishment and modification of naprapathic
15treatment programs, and (e) supervision or teaching of
16naprapathy.
17    Naprapathic practice does not include radiology, surgery,
18pharmacology, or invasive diagnostic testing, or determination
19of a differential diagnosis; provided, however, the limitation
20on determining a differential diagnosis shall not in any
21manner limit a naprapath licensed under this Act from
22performing an evaluation authorized under this Act. A
23naprapath licensed under this Act who is not also licensed as a
24physical therapist under the Illinois Physical Therapy Act
25shall not hold himself or herself out as qualified to provide
26physical therapy or physiotherapy services. Nothing in this

 

 

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1Section shall limit a naprapath from employing appropriate
2naprapathic techniques that he or she is educated and licensed
3to perform. A naprapath shall refer to a licensed physician,
4dentist, or podiatric physician any patient whose medical
5condition should, at the time of evaluation or treatment, be
6determined to be beyond the scope of practice of the
7naprapath. A naprapath shall order additional screening if the
8patient does not demonstrate measurable or functional
9improvement after 6 visits and continued improvement
10thereafter. A naprapath shall refer a patient to the patient's
11treating health care professional of record or, in the case
12where there is no health care professional of record, to a
13health care professional of the patient's choice, if the
14patient's condition, at the time of evaluation or services, is
15determined to be beyond the scope of practice of the
16naprapath.
17(Source: P.A. 98-214, eff. 8-9-13.)
 
18    (225 ILCS 63/17)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 17. Educational and professional qualifications for
21licensure. A person may be qualified to receive a license as a
22naprapath if he or she:
23        (1) is at least 21 18 years of age and of good moral
24    character;
25        (2) for licenses granted on or before December 31,

 

 

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1    2027, has graduated from a 2-year 2 year college level
2    program or its equivalent approved by the Department;
3        (2.5) for licenses granted on or after January 1,
4    2028, has graduated from a 4-year college level program or
5    its equivalent approved by the Department;
6        (3) has graduated from a curriculum in naprapathy
7    approved by the Department. In approving a curriculum in
8    naprapathy, the Department shall consider, but not be
9    bound by, a curriculum approved by the American
10    Naprapathic Association, the Illinois Naprapathic
11    Association, or a national or regional accrediting body
12    recognized by the United States Department of Education;
13        (4) has passed an examination approved by the
14    Department to determine a person's fitness to practice as
15    a naprapath; and
16        (5) has met all other requirements of the Act.
17    The Department has the right and may request a personal
18interview with an applicant to further evaluate a person's
19qualifications for a license.
20(Source: P.A. 97-778, eff. 7-13-12.)
 
21    (225 ILCS 63/36 new)
22    Sec. 36. Board of Naprapathy. The Secretary shall appoint
23a Board of Naprapathy to consist of 7 persons who shall serve
24in an advisory capacity to the Secretary. Four members must
25hold an active license to engage in the practice of

 

 

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1naprapathy, one member shall be a physician licensed under the
2Medical Practice Act of 1987, one member shall be an
3acupuncturist licensed under the Acupuncture Practice Act, and
4one member of the public.
5    Members shall serve 4-year terms and until their
6successors are appointed and qualified. No member may be
7appointed to more than 2 consecutive full terms. Appointments
8to fill vacancies shall be made in the same manner as original
9appointments for the unexpired portion of the vacated term.
10Initial terms shall begin upon the effective date of this
11amendatory Act of the 102nd General Assembly.
12    The Board may annually elect a chairperson and a
13vice-chairperson who shall preside in the absence of the
14chairperson. The membership of the Board shall reasonably
15reflect the demographic diversity of the State as well as
16representation from the geographic areas in this State. The
17Secretary may terminate the appointment of any member for
18cause. The Secretary may give due consideration to all
19recommendations of the Board. A majority of the Board members
20currently appointed shall constitute a quorum. A vacancy in
21the membership of the Board shall not impair the right of a
22quorum to exercise the right and perform all duties of the
23Board. Members of the Board shall have no liability in any
24action based upon any disciplinary proceeding or other
25activity performed in good faith as a member of the Board.
 

 

 

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1    (225 ILCS 63/57)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 57. Social Security Number on license application. In
4addition to any other information required to be contained in
5the application, every application for an original, renewal,
6reinstated, or restored license under this Act shall include
7the applicant's Social Security Number, which shall be
8retained in the agency's records pertaining to the license. As
9soon as practical, the Department shall assign a customer's
10identification number to each applicant for a license.
11    Every application for a renewal or restored license shall
12require the applicant's customer identification number.
13(Source: P.A. 97-400, eff. 1-1-12; 97-778, eff. 7-13-12.)
 
14    (225 ILCS 63/110)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 110. Grounds for disciplinary action; refusal,
17revocation, suspension.
18    (a) The Department may refuse to issue or to renew, or may
19revoke, suspend, place on probation, reprimand or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate, including imposing fines not to exceed
22$10,000 for each violation, with regard to any licensee or
23license for any one or combination of the following causes:
24        (1) Violations of this Act or of rules adopted under
25    this Act.

 

 

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1        (2) Making a material misstatement in furnishing
2    information to the Department or otherwise making
3    misleading, deceptive, untrue, or fraudulent
4    representations in violation of this Act or otherwise in
5    the practice of the profession Material misstatement in
6    furnishing information to the Department.
7        (3) Conviction by plea of guilty or nolo contendere,
8    finding of guilt, jury verdict, or entry of judgment, or
9    by sentencing of any crime, including, but not limited to,
10    convictions, preceding sentences of supervision,
11    conditional discharge, or first offender probation, under
12    the laws of any jurisdiction of the United States: (i)
13    that is a felony or (ii) that is a misdemeanor, an
14    essential element of which is dishonesty, or that is
15    directly related to the practice of the profession.
16        (4) Fraud or any misrepresentation in applying for or
17    procuring a license under this Act or in connection with
18    applying for renewal of a license under this Act.
19        (5) Professional incompetence or gross negligence.
20        (6) Malpractice.
21        (7) Aiding or assisting another person in violating
22    any provision of this Act or its rules.
23        (8) Failing to provide information within 60 days in
24    response to a written request made by the Department.
25        (9) Engaging in dishonorable, unethical, or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud, or harm the public.
2        (10) Habitual or excessive use or abuse of drugs
3    defined in law as controlled substances, alcohol, or any
4    other substance which results in the inability to practice
5    with reasonable judgment, skill, or safety.
6        (11) Discipline by another U.S. jurisdiction or
7    foreign nation if at least one of the grounds for the
8    discipline is the same or substantially equivalent to
9    those set forth in this Act.
10        (12) Directly or indirectly giving to or receiving
11    from any person, firm, corporation, partnership, or
12    association any fee, commission, rebate, or other form of
13    compensation for any professional services not actually or
14    personally rendered. This shall not be deemed to include
15    rent or other remunerations paid to an individual,
16    partnership, or corporation by a naprapath for the lease,
17    rental, or use of space, owned or controlled by the
18    individual, partnership, corporation, or association.
19    Nothing in this paragraph (12) affects any bona fide
20    independent contractor or employment arrangements among
21    health care professionals, health facilities, health care
22    providers, or other entities, except as otherwise
23    prohibited by law. Any employment arrangements may include
24    provisions for compensation, health insurance, pension, or
25    other employment benefits for the provision of services
26    within the scope of the licensee's practice under this

 

 

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1    Act. Nothing in this paragraph (12) shall be construed to
2    require an employment arrangement to receive professional
3    fees for services rendered.
4        (13) Using the title "Doctor" or its abbreviation
5    without further clarifying that title or abbreviation with
6    the word "naprapath" or "naprapathy" or the designation
7    "D.N.".
8        (14) A finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation.
11        (15) Abandonment of a patient without cause.
12        (16) Willfully making or filing false records or
13    reports relating to a licensee's practice, including but
14    not limited to, false records filed with State agencies or
15    departments.
16        (17) Willfully failing to report an instance of
17    suspected child abuse or neglect as required by the Abused
18    and Neglected Child Reporting Act.
19        (18) Physical or mental illness or disability,
20    including, but not limited to, deterioration through the
21    aging process or loss of motor skill that results in the
22    inability to practice the profession with reasonable
23    judgment, skill, or safety.
24        (19) Solicitation of professional services by means
25    other than permitted advertising.
26        (20) Failure to provide a patient with a copy of his or

 

 

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1    her record upon the written request of the patient.
2        (21) Cheating on or attempting to subvert the
3    licensing examination administered under this Act.
4        (22) Allowing one's license under this Act to be used
5    by an unlicensed person in violation of this Act.
6        (23) (Blank).
7        (24) Being named as a perpetrator in an indicated
8    report by the Department of Children and Family Services
9    under the Abused and Neglected Child Reporting Act and
10    upon proof by clear and convincing evidence that the
11    licensee has caused a child to be an abused child or a
12    neglected child as defined in the Abused and Neglected
13    Child Reporting Act.
14        (25) Practicing under a false or, except as provided
15    by law, an assumed name.
16        (26) Immoral conduct in the commission of any act,
17    such as sexual abuse, sexual misconduct, or sexual
18    exploitation, related to the licensee's practice.
19        (27) Maintaining a professional relationship with any
20    person, firm, or corporation when the naprapath knows, or
21    should know, that the person, firm, or corporation is
22    violating this Act.
23        (28) Promotion of the sale of food supplements,
24    devices, appliances, or goods provided for a client or
25    patient in such manner as to exploit the patient or client
26    for financial gain of the licensee.

 

 

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1        (29) Having treated ailments of human beings other
2    than by the practice of naprapathy as defined in this Act
3    unless authorized to do so by State law. , or having
4    treated ailments of human beings as a licensed naprapath
5    independent of a documented referral or documented current
6    and relevant diagnosis from a physician, dentist, or
7    podiatric physician, or having failed to notify the
8    physician, dentist, or podiatric physician who established
9    a documented current and relevant diagnosis that the
10    patient is receiving naprapathic treatment pursuant to
11    that diagnosis.
12        (30) Use by a registered naprapath of the word
13    "infirmary", "hospital", "school", "university", in
14    English or any other language, in connection with the
15    place where naprapathy may be practiced or demonstrated.
16        (31) Continuance of a naprapath in the employ of any
17    person, firm, or corporation, or as an assistant to any
18    naprapath or naprapaths, directly or indirectly, after his
19    or her employer or superior has been found guilty of
20    violating or has been enjoined from violating the laws of
21    the State of Illinois relating to the practice of
22    naprapathy when the employer or superior persists in that
23    violation.
24        (32) The performance of naprapathic service in
25    conjunction with a scheme or plan with another person,
26    firm, or corporation known to be advertising in a manner

 

 

HB5031 Engrossed- 15 -LRB102 24653 AMQ 33892 b

1    contrary to this Act or otherwise violating the laws of
2    the State of Illinois concerning the practice of
3    naprapathy.
4        (33) Failure to provide satisfactory proof of having
5    participated in approved continuing education programs as
6    determined by and approved by the Secretary. Exceptions
7    for extreme hardships are to be defined by the rules of the
8    Department.
9        (34) (Blank).
10        (35) Gross or willful overcharging for professional
11    services.
12        (36) (Blank).
13    All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the
15fine, unless an alternate payment schedule has been agreed
16upon in writing.
17    (b) A person not licensed under this Act and engaged in the
18business of offering naprapathy services through others, shall
19not aid, abet, assist, procure, advise, employ, or contract
20with any unlicensed person to practice naprapathy contrary to
21any rules or provisions of this Act. A person violating this
22subsection (b) shall be treated as a licensee for the purposes
23of disciplinary action under this Section and shall be subject
24to cease and desist orders as provided in Section 90 of this
25Act. The Department may refuse to issue or may suspend without
26hearing, as provided for in the Department of Professional

 

 

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1Regulation Law of the Civil Administrative Code, the license
2of any person who fails to file a return, or pay the tax,
3penalty, or interest shown in a filed return, or pay any final
4assessment of the tax, penalty, or interest as required by any
5tax Act administered by the Illinois Department of Revenue,
6until such time as the requirements of any such tax Act are
7satisfied in accordance with subsection (g) of Section 2105-15
8of the Department of Professional Regulation Law of the Civil
9Administrative Code of Illinois.
10    (b-5) The Department may refuse to issue or may suspend
11the license of any person who fails to file a tax return, to
12pay the tax, penalty, or interest shown in a filed tax return,
13or to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Department of
15Revenue, until the requirements of the tax Act are satisfied
16in accordance with subsection (g) of Section 2105-15 of the
17Civil Administrative Code of Illinois.
18    (c) (Blank).
19    (d) In cases where the Department of Healthcare and Family
20Services has previously determined a licensee or a potential
21licensee is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency
23to the Department, the Department may refuse to issue or renew
24or may revoke or suspend that person's license or may take
25other disciplinary action against that person based solely
26upon the certification of delinquency made by the Department

 

 

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1of Healthcare and Family Services in accordance with item (5)
2of subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code
4of Illinois.
5    (e) The determination by a circuit court that a licensee
6is subject to involuntary admission or judicial admission, as
7provided in the Mental Health and Developmental Disabilities
8Code, operates as an automatic suspension. The suspension
9shall end only upon a finding by a court that the patient is no
10longer subject to involuntary admission or judicial admission
11and the issuance of an order so finding and discharging the
12patient and upon the Board's recommendation to the Department
13that the license be restored. Where the circumstances so
14indicate, the Board may recommend to the Department that it
15require an examination prior to restoring a suspended license.
16    (f) In enforcing this Act, the Department, upon a showing
17of a possible violation, may compel an individual licensed to
18practice under this Act, or who has applied for licensure
19under this Act, to submit to a mental or physical examination,
20or both, as required by and at the expense of the Department.
21The Department or Board may order the examining physician to
22present testimony concerning the mental or physical
23examination of the licensee or applicant. No information shall
24be excluded by reason of any common law or statutory privilege
25relating to communications between the licensee or applicant
26and the examining physician. The examining physicians shall be

 

 

HB5031 Engrossed- 18 -LRB102 24653 AMQ 33892 b

1specifically designated by the Board or Department. The
2individual to be examined may have, at his or her own expense,
3another physician of his or her choice present during all
4aspects of this examination. The examination shall be
5performed by a physician under the Medical Practice Act of
61987. Failure of an individual to submit to a mental or
7physical examination, when directed, shall result in an
8automatic suspension without hearing. and evaluation, or both,
9which may include a substance abuse or sexual offender
10evaluation, as required by and at the expense of the
11Department. The Department shall specifically designate the
12examining physician licensed to practice medicine in all of
13its branches or, if applicable, the multidisciplinary team
14involved in providing the mental or physical examination and
15evaluation, or both. The multidisciplinary team shall be led
16by a physician licensed to practice medicine in all of its
17branches and may consist of one or more or a combination of
18physicians licensed to practice medicine in all of its
19branches, licensed chiropractic physicians, licensed clinical
20psychologists, licensed clinical social workers, licensed
21clinical professional counselors, and other professional and
22administrative staff. Any examining physician or member of the
23multidisciplinary team may require any person ordered to
24submit to an examination and evaluation pursuant to this
25Section to submit to any additional supplemental testing
26deemed necessary to complete any examination or evaluation

 

 

HB5031 Engrossed- 19 -LRB102 24653 AMQ 33892 b

1process, including, but not limited to, blood testing,
2urinalysis, psychological testing, or neuropsychological
3testing.
4    The Department may order the examining physician or any
5member of the multidisciplinary team to provide to the
6Department any and all records including business records that
7relate to the examination and evaluation, including any
8supplemental testing performed. The Department may order the
9examining physician or any member of the multidisciplinary
10team to present testimony concerning the examination and
11evaluation of the licensee or applicant, including testimony
12concerning any supplemental testing or documents in any way
13related to the examination and evaluation. No information,
14report, record, or other documents in any way related to the
15examination and evaluation shall be excluded by reason of any
16common law or statutory privilege relating to communications
17between the licensee or applicant and the examining physician
18or any member of the multidisciplinary team. No authorization
19is necessary from the licensee or applicant ordered to undergo
20an evaluation and examination for the examining physician or
21any member of the multidisciplinary team to provide
22information, reports, records, or other documents or to
23provide any testimony regarding the examination and
24evaluation. The individual to be examined may have, at his or
25her own expense, another physician of his or her choice
26present during all aspects of this examination. Failure of an

 

 

HB5031 Engrossed- 20 -LRB102 24653 AMQ 33892 b

1individual to submit to a mental or physical examination and
2evaluation, or both, when directed, shall result in an
3automatic suspension without hearing, until such time as the
4individual submits to the examination.
5    A person holding a license under this Act or who has
6applied for a license under this Act who, because of a physical
7or mental illness or disability, including, but not limited
8to, deterioration through the aging process or loss of motor
9skill, is unable to practice the profession with reasonable
10judgment, skill, or safety, may be required by the Department
11to submit to care, counseling, or treatment by physicians
12approved or designated by the Department as a condition, term,
13or restriction for continued, reinstated, or renewed licensure
14to practice. Submission to care, counseling, or treatment as
15required by the Department shall not be considered discipline
16of a license. If the licensee refuses to enter into a care,
17counseling, or treatment agreement or fails to abide by the
18terms of the agreement, the Department may file a complaint to
19revoke, suspend, or otherwise discipline the license of the
20individual. The Secretary may order the license suspended
21immediately, pending a hearing by the Department. Fines shall
22not be assessed in disciplinary actions involving physical or
23mental illness or impairment.
24    In instances in which the Secretary immediately suspends a
25person's license under this Section, a hearing on that
26person's license must be convened by the Department within 15

 

 

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1days after the suspension and completed without appreciable
2delay. The Department and the Board shall have the authority
3to review the subject individual's record of treatment and
4counseling regarding the impairment to the extent permitted by
5applicable federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    An individual licensed under this Act and affected under
8this Section shall be afforded an opportunity to demonstrate
9to the Department that he or she can resume practice in
10compliance with acceptable and prevailing standards under the
11provisions of his or her license.
12(Source: P.A. 100-872, eff. 8-14-18.)
 
13    (225 ILCS 63/125)
14    (Section scheduled to be repealed on January 1, 2023)
15    Sec. 125. Investigation; notice; hearing. The Department
16may investigate the actions of any applicant or of any person
17or persons holding or claiming to hold a license. Before
18refusing to issue, refusing to renew, or taking any
19disciplinary action under Section 110 regarding a license, the
20Department shall, at least 30 days prior to the date set for
21the hearing, notify in writing the applicant for, or holder
22of, a license of the nature of any charges and that a hearing
23will be held on a date designated. The Department shall direct
24the applicant or licensee to file a written answer with the
25Department under oath within 20 days after the service of the

 

 

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1notice and inform the applicant or licensee that failure to
2file an answer shall result in default being taken against the
3applicant or licensee. At the time and place fixed in the
4notice, the Department shall proceed to hear the charges and
5the parties or their counsel shall be accorded ample
6opportunity to present any pertinent statements, testimony,
7evidence, and arguments. The Department may continue the
8hearing from time to time. If the person, after receiving the
9notice, fails to file an answer, his or her license may, in the
10discretion of the Department, be revoked, suspended, or placed
11on probationary status or the Department may take whatever
12disciplinary action considered proper, including limiting the
13scope, nature, or extent of the person's practice under the
14Act. If the Board is not sitting at the time and place fixed in
15the notice or at the time and place to which the hearing shall
16have been continued, the Department may continue the hearing
17for a period not to exceed 30 days. The written notice in the
18subsequent proceeding may be served by U.S. registered or
19certified mail or email to the licensee's address or email
20address of record.
21(Source: P.A. 97-778, eff. 7-13-12.)
 
22    (225 ILCS 63/145)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 145. Findings of facts, conclusions of law, and
25recommendations. At the conclusion of the hearing the Board

 

 

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1hearing officer shall present to the Secretary a written
2report of its findings of fact, conclusions of law, and
3recommendations. The report shall contain a finding whether or
4not the accused person violated this Act or failed to comply
5with the conditions required in this Act. The Board hearing
6officer shall specify the nature of the violation or failure
7to comply and shall make its recommendations to the Secretary.
8    The report of findings of fact, conclusions of law, and
9recommendations of the Board hearing officer shall be the
10basis for the Department's order refusing to issue, restore,
11or renew a license, or otherwise disciplining a licensee. If
12the Secretary disagrees in any regard with the report of the
13Board hearing officer, the Secretary may issue an order in
14contravention of the Board's hearing officer's
15recommendations. The finding is not admissible in evidence
16against the person in a criminal prosecution brought for the
17violation of this Act, but the hearing and findings are not a
18bar to a criminal prosecution brought for the violation of
19this Act.
20    If the Secretary fails to issue a final order within 30
21days after the receipt of the hearing officer's findings of
22fact, conclusions of law, and recommendations, then the
23hearing officer's findings of fact, conclusions of law, and
24recommendations shall become a final order of the Department
25without further review.
26(Source: P.A. 97-778, eff. 7-13-12.)
 

 

 

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1    (225 ILCS 63/150)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 150. Hearing officer. The Secretary shall have the
4authority to appoint any attorney duly licensed to practice
5law in the State of Illinois to serve as the hearing officer in
6any action for Departmental refusal to issue, renew, or
7license an applicant, or disciplinary action against a
8licensee. The hearing officer shall have full authority to
9conduct the hearing. The hearing officer shall report his or
10her findings of fact, conclusions of law, and recommendations
11to the Board and the Secretary. The Board shall review the
12report of the hearing officer and present its findings of
13fact, conclusions of law, and recommendations to the
14Secretary. If the Secretary disagrees with the recommendation
15of the hearing officer, he or she may issue an order in
16contravention of that recommendation.
17(Source: P.A. 97-778, eff. 7-13-12.)
 
18    (225 ILCS 63/155)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 155. Service of report; rehearing; order. In any case
21involving the refusal to issue or renew or the discipline of a
22license, a copy of the Board's hearing officer's report shall
23be served upon the respondent by the Department, either
24personally or as provided in this Act for the service of the

 

 

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1notice of hearing. Within 20 days after the service, the
2respondent may present to the Department a motion in writing
3for a rehearing that shall specify the particular grounds for
4rehearing. If no motion for rehearing is filed, then upon the
5expiration of the time specified for filing a motion, or if a
6motion for rehearing is denied, then upon the denial the
7Secretary may enter an order in accordance with this Act. If
8the respondent orders from the reporting service and pays for
9a transcript of the record within the time for filing a motion
10for rehearing, the 20 calendar day period within which the
11motion may be filed shall commence upon the delivery of the
12transcript to the respondent.
13(Source: P.A. 97-778, eff. 7-13-12.)
 
14    (225 ILCS 63/165)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 165. Order or certified copy as prima facie proof. An
17order or a certified copy thereof, over the seal of the
18Department and purporting to be signed by the Secretary, shall
19be prima facie proof:
20        (a) that the signature is the genuine signature of the
21    Secretary; and
22        (b) that such Secretary is duly appointed and
23    qualified; and .
24        (c) that the Board and its members are qualified to
25    act.

 

 

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1(Source: P.A. 97-778, eff. 7-13-12.)
 
2    (225 ILCS 63/190)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 190. The Department shall not be required to certify
5any record to the Court or file any answer in court or
6otherwise appear in any court in a judicial review proceeding,
7unless and until the Department receives from the plaintiff
8payment of the costs of furnishing and certifying the record,
9which costs shall be determined by the Department. Exhibits
10shall be certified without cost. Failure on the part of the
11plaintiff to file a receipt in court is grounds for dismissal
12of the action.
13(Source: P.A. 97-778, eff. 7-13-12.)
 
14    (225 ILCS 63/95 rep.)
15    Section 15. The Naprapathic Practice Act is amended by
16repealing Section 95.
 
17    Section 99. Effective date. This Section and Section 5
18take effect upon becoming law.