Full Text of SB2936 97th General Assembly
SB2936sam003 97TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 11/28/2012
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| 1 | | AMENDMENT TO SENATE BILL 2936
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2936 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.23 and 4.33 as follows:
| 6 | | (5 ILCS 80/4.23)
| 7 | | Sec. 4.23. Section Acts and Sections repealed on January 1,
| 8 | | 2013. The following Section of an Act is Acts and Sections of | 9 | | Acts are
repealed on January 1, 2013:
| 10 | | The Dietetic and Nutrition Services Practice Act.
| 11 | | Section 2.5 of the Illinois Plumbing License Law.
| 12 | | (Source: P.A. 96-1499, eff. 1-18-11; 97-706, eff. 6-25-12; | 13 | | 97-778, eff. 7-13-12; 97-804, eff. 1-1-13; 97-979, eff. | 14 | | 8-17-12; 97-1048, eff. 8-22-12; 97-1130, eff. 8-28-12; revised | 15 | | 9-20-12.)
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| 1 | | (5 ILCS 80/4.33) | 2 | | Sec. 4.33. Acts Act repealed on January 1,
2023. The | 3 | | following Acts are Act is
repealed on January 1, 2023: | 4 | | The Dietitian Nutritionist Practice Act. | 5 | | The Elevator Safety and Regulation Act.
| 6 | | The Fire Equipment Distributor and Employee Regulation Act | 7 | | of 2011. | 8 | | The Funeral Directors and Embalmers Licensing Code. | 9 | | The Naprapathic Practice Act. | 10 | | The Professional Counselor and Clinical Professional | 11 | | Counselor
Licensing and Practice Act. | 12 | | The Wholesale Drug Distribution Licensing Act. | 13 | | (Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12; | 14 | | 97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff. | 15 | | 8-22-12; 97-1130, eff. 8-28-12; revised 9-20-12.) | 16 | | Section 2. The Department of Public Health Powers and | 17 | | Duties Law of the
Civil Administrative Code of Illinois is | 18 | | amended by changing Section 2310-210 as follows:
| 19 | | (20 ILCS 2310/2310-210) (was 20 ILCS 2310/55.62a)
| 20 | | Sec. 2310-210. Advisory Panel on Minority Health.
| 21 | | (a) In this Section:
| 22 | | "Health profession" means any health profession regulated | 23 | | under the laws of
this State, including, without limitation, | 24 | | professions regulated under the
Illinois Athletic Trainers |
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| 1 | | Practice Act, the Clinical Psychologist Licensing
Act, the | 2 | | Clinical Social Work and Social Work Practice Act, the Illinois | 3 | | Dental
Practice Act, the Dietitian Nutritionist Dietetic and | 4 | | Nutrition Services Practice Act, the Marriage
and Family | 5 | | Therapy Licensing Act, the Medical Practice Act of 1987, the
| 6 | | Naprapathic Practice Act, the Nurse Practice Act, the
Illinois
| 7 | | Occupational Therapy Practice Act, the Illinois Optometric | 8 | | Practice Act of
1987, the Illinois
Physical Therapy Act, the | 9 | | Physician Assistant Practice Act of 1987, the
Podiatric Medical | 10 | | Practice Act of
1987, the Professional Counselor and Clinical | 11 | | Professional Counselor Licensing
Act, and the Illinois | 12 | | Speech-Language Pathology and Audiology Practice Act.
| 13 | | "Minority" has the same meaning as in Section 2310-215.
| 14 | | (b) The General Assembly finds as follows:
| 15 | | (1) The health status of individuals from ethnic and | 16 | | racial minorities in
this State is significantly lower than | 17 | | the health status of the general
population of the State.
| 18 | | (2) Minorities suffer disproportionately high rates of | 19 | | cancer, stroke,
heart disease, diabetes, sickle-cell | 20 | | anemia, lupus, substance abuse, acquired
immune deficiency | 21 | | syndrome, other diseases and disorders, unintentional
| 22 | | injuries, and suicide.
| 23 | | (3) The incidence of infant mortality among minorities | 24 | | is almost double
that for the general population.
| 25 | | (4) Minorities suffer disproportionately from lack of | 26 | | access to health
care and poor living conditions.
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| 1 | | (5) Minorities are under-represented in the health | 2 | | care professions.
| 3 | | (6) Minority participation in the procurement policies | 4 | | of the health care
industry is lacking.
| 5 | | (7) Minority health professionals historically have | 6 | | tended to practice in
low-income areas and to serve | 7 | | minorities.
| 8 | | (8) National experts on minority health report that | 9 | | access to health care
among minorities can be substantially | 10 | | improved by increasing the number of
minority health | 11 | | professionals.
| 12 | | (9) Increasing the number of minorities serving on the | 13 | | facilities of
health professional schools is an important | 14 | | factor in attracting minorities to
pursue a career in | 15 | | health professions.
| 16 | | (10) Retaining minority health professionals currently | 17 | | practicing in this
State and those receiving training and | 18 | | education in this State is an important
factor in | 19 | | maintaining and increasing the number of minority health
| 20 | | professionals in Illinois.
| 21 | | (11) An Advisory Panel on Minority Health is necessary | 22 | | to address the
health issues affecting minorities in this | 23 | | State.
| 24 | | (c) The General Assembly's intent is as follows:
| 25 | | (1) That all Illinoisans have access to health care.
| 26 | | (2) That the gap between the health status of |
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| 1 | | minorities and other
Illinoisans
be closed.
| 2 | | (3) That the health issues that disproportionately | 3 | | affect minorities be
addressed to improve the health status | 4 | | of minorities.
| 5 | | (4) That the number of minorities in the health | 6 | | professions be increased.
| 7 | | (d) The Advisory Panel on Minority Health is created. The | 8 | | Advisory Panel
shall consist of 25 members appointed by the | 9 | | Director of Public Health. The
members shall represent health | 10 | | professions and the General Assembly.
| 11 | | (e) The Advisory Panel shall assist the Department in the | 12 | | following manner:
| 13 | | (1) Examination of the following areas as they relate | 14 | | to minority health:
| 15 | | (A) Access to health care.
| 16 | | (B) Demographic factors.
| 17 | | (C) Environmental factors.
| 18 | | (D) Financing of health care.
| 19 | | (E) Health behavior.
| 20 | | (F) Health knowledge.
| 21 | | (G) Utilization of quality care.
| 22 | | (H) Minorities in health care professions.
| 23 | | (2) Development of monitoring, tracking, and reporting | 24 | | mechanisms for
programs
and services with minority health | 25 | | goals and objectives.
| 26 | | (3) Communication with local health departments, |
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| 1 | | community-based
organizations,
voluntary health | 2 | | organizations, and other public and private organizations
| 3 | | statewide, on an ongoing basis, to learn more about their | 4 | | services to
minority communities, the health problems of | 5 | | minority communities, and their
ideas for improving | 6 | | minority health.
| 7 | | (4) Promotion of communication among all State | 8 | | agencies that provide
services
to minority populations.
| 9 | | (5) Building coalitions between the State and | 10 | | leadership in minority
communities.
| 11 | | (6) Encouragement of recruitment and retention of | 12 | | minority health
professionals.
| 13 | | (7) Improvement in methods for collecting and | 14 | | reporting data on minority
health.
| 15 | | (8) Improvement in accessibility to health and medical | 16 | | care for minority
populations in under-served rural and | 17 | | urban areas.
| 18 | | (9) Reduction of communication barriers for | 19 | | non-English speaking
residents.
| 20 | | (10) Coordination of the development and dissemination | 21 | | of culturally
appropriate
and sensitive education | 22 | | material, public awareness messages, and health
promotion | 23 | | programs for minorities.
| 24 | | (f) On or before January 1, 1997 the Advisory Panel shall | 25 | | submit an
interim report to the Governor and the General | 26 | | Assembly. The interim report
shall include an update on the |
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| 1 | | Advisory Panel's progress in performing its
functions under | 2 | | this Section and shall include
recommendations, including | 3 | | recommendations for any necessary legislative
changes.
| 4 | | On or before January 1, 1998 the Advisory Panel shall | 5 | | submit a final report
to the Governor and the General Assembly. | 6 | | The final report shall include the
following:
| 7 | | (1) An evaluation of the health status of minorities in | 8 | | this State.
| 9 | | (2) An evaluation of minority access to health care in | 10 | | this State.
| 11 | | (3) Recommendations for improving the health status of | 12 | | minorities in this
State.
| 13 | | (4) Recommendations for increasing minority access to | 14 | | health care in this
State.
| 15 | | (5) Recommendations for increasing minority | 16 | | participation in the
procurement policies of the health | 17 | | care industry.
| 18 | | (6) Recommendations for increasing the number of | 19 | | minority health
professionals in this State.
| 20 | | (7) Recommendations that will ensure that the health | 21 | | status of minorities
in this State continues to be | 22 | | addressed beyond the expiration of the Advisory
Panel.
| 23 | | (Source: P.A. 95-639, eff. 10-5-07.)
| 24 | | Section 3. The Illinois Insurance Code is amended by | 25 | | changing Section 356w as follows:
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| 1 | | (215 ILCS 5/356w)
| 2 | | Sec. 356w. Diabetes self-management training and | 3 | | education.
| 4 | | (a) A group policy of accident and health insurance that is | 5 | | amended,
delivered,
issued, or renewed after the
effective date | 6 | | of this amendatory Act of 1998 shall provide coverage for
| 7 | | outpatient self-management
training and education, equipment, | 8 | | and supplies, as set forth in this Section,
for the treatment | 9 | | of type 1 diabetes, type 2 diabetes, and gestational diabetes
| 10 | | mellitus.
| 11 | | (b) As used in this Section:
| 12 | | "Diabetes self-management training"
means instruction in | 13 | | an outpatient setting
which enables a diabetic patient to | 14 | | understand the diabetic management process
and daily | 15 | | management of
diabetic therapy as a means of avoiding frequent | 16 | | hospitalization and
complications. Diabetes self-management | 17 | | training shall include
the content areas listed in the National | 18 | | Standards for Diabetes Self-Management
Education Programs as | 19 | | published by the American Diabetes Association, including
| 20 | | medical nutrition therapy and education programs, as defined by | 21 | | the contract of insurance, that allow the patient to maintain | 22 | | an A1c level within the range identified in nationally | 23 | | recognized standards of care.
| 24 | | "Medical nutrition therapy" shall have the meaning
| 25 | | ascribed to that term "medical nutrition care" in the Dietitian |
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| 1 | | Nutritionist Dietetic and Nutrition Services
Practice Act.
| 2 | | "Physician" means a
physician licensed to practice | 3 | | medicine in all of
its branches providing care to the | 4 | | individual.
| 5 | | "Qualified provider" for an
individual that is enrolled in:
| 6 | | (1) a health maintenance organization that uses a
| 7 | | primary
care physician to
control access to specialty care | 8 | | means (A) the individual's primary care
physician licensed | 9 | | to practice
medicine in all of its branches, (B) a | 10 | | physician licensed to practice
medicine in all of its | 11 | | branches to
whom the individual has been referred by the | 12 | | primary care physician, or (C) a
certified, registered, or
| 13 | | licensed network health care professional with expertise | 14 | | in diabetes management
to whom the individual
has been | 15 | | referred by the primary care physician.
| 16 | | (2) an insurance plan
means (A) a physician licensed to | 17 | | practice medicine in
all of its branches or (B) a
| 18 | | certified, registered, or licensed health care | 19 | | professional with expertise in
diabetes management to whom | 20 | | the individual has been referred by a physician.
| 21 | | (c) Coverage under this Section for diabetes | 22 | | self-management training,
including medical nutrition
| 23 | | education, shall be limited to the following:
| 24 | | (1) Up to 3 medically necessary visits to a qualified | 25 | | provider upon
initial diagnosis of diabetes
by the | 26 | | patient's
physician or, if diagnosis of diabetes was made |
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| 1 | | within one year prior to the
effective date of
this | 2 | | amendatory Act
of 1998 where the insured was a covered | 3 | | individual, up to 3 medically necessary
visits to a | 4 | | qualified provider within one
year after that
effective
| 5 | | date.
| 6 | | (2) Up to 2 medically necessary visits to a qualified | 7 | | provider upon a
determination by a
patient's
physician that | 8 | | a significant change in the patient's symptoms or medical
| 9 | | condition has
occurred. A "significant change" in | 10 | | condition means symptomatic
hyperglycemia (greater than | 11 | | 250 mg/dl on repeated occasions), severe
hypoglycemia | 12 | | (requiring the assistance of another person), onset or | 13 | | progression
of diabetes, or a significant change in medical | 14 | | condition that would require a
significantly different | 15 | | treatment regimen.
| 16 | | Payment by the insurer or health maintenance organization | 17 | | for the coverage
required for diabetes self-management | 18 | | training pursuant to the provisions of
this Section is only | 19 | | required to be made for services provided.
No coverage is | 20 | | required for additional visits beyond those specified in items
| 21 | | (1) and (2) of this subsection.
| 22 | | Coverage under this subsection (c) for diabetes | 23 | | self-management training
shall
be subject to the same
| 24 | | deductible, co-payment, and co-insurance provisions that apply | 25 | | to coverage
under
the policy for other
services provided by the | 26 | | same type of provider.
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| 1 | | (d) Coverage shall be provided for the following
equipment | 2 | | when medically necessary
and prescribed by a physician licensed | 3 | | to practice medicine in all
of its branches.
Coverage for the | 4 | | following items shall be subject to deductible, co-payment
and | 5 | | co-insurance provisions
provided for under the policy or a | 6 | | durable medical equipment rider to the
policy:
| 7 | | (1) blood glucose monitors;
| 8 | | (2) blood glucose monitors for the legally blind;
| 9 | | (3) cartridges for the legally blind; and
| 10 | | (4) lancets and lancing devices.
| 11 | | This subsection does not apply to a group policy of | 12 | | accident and health
insurance that does not provide a durable | 13 | | medical equipment benefit.
| 14 | | (e) Coverage shall be provided for the following | 15 | | pharmaceuticals and
supplies when
medically necessary and | 16 | | prescribed by a physician licensed to
practice medicine in all | 17 | | of its
branches.
Coverage for the following items shall be | 18 | | subject to the same coverage,
deductible,
co-payment, and | 19 | | co-insurance
provisions under the policy or a drug rider to the | 20 | | policy:
| 21 | | (1) insulin;
| 22 | | (2) syringes and needles;
| 23 | | (3) test strips for glucose monitors;
| 24 | | (4) FDA approved oral agents used to control blood | 25 | | sugar; and
| 26 | | (5) glucagon emergency kits.
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| 1 | | This subsection does not apply to a group policy of | 2 | | accident and health
insurance that does not provide a drug | 3 | | benefit.
| 4 | | (f) Coverage shall be provided for regular foot care exams | 5 | | by a
physician or by a
physician to whom a physician has | 6 | | referred the patient. Coverage
for regular foot care exams
| 7 | | shall be subject to the same deductible, co-payment, and | 8 | | co-insurance
provisions
that apply under the policy for
other | 9 | | services provided by the same type of provider.
| 10 | | (g) If authorized by a physician, diabetes self-management
| 11 | | training may be provided as a part of an office visit, group | 12 | | setting, or home
visit.
| 13 | | (h) This Section shall not apply to agreements, contracts, | 14 | | or policies that
provide coverage for a specified diagnosis or | 15 | | other limited benefit coverage.
| 16 | | (Source: P.A. 97-281, eff. 1-1-12.)
| 17 | | Section 5. The Dietetic and Nutrition Services Practice Act | 18 | | is amended by changing Sections 1, 10, 15, 15.5, 20, 30, 37, | 19 | | 45, 65, 70, 80, 85, 95, 97, 100, 105, 110, 115, 120, 125, 130, | 20 | | 135, 140, 145, 155, 165, 175, and 180 and by adding Section 108 | 21 | | as follows:
| 22 | | (225 ILCS 30/1) (from Ch. 111, par. 8401-1)
| 23 | | (Section scheduled to be repealed on January 1, 2013)
| 24 | | Sec. 1. Short title. This Act may be cited as the Dietitian |
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| 1 | | Nutritionist Dietetic and Nutrition Services Practice Act.
| 2 | | (Source: P.A. 87-784.)
| 3 | | (225 ILCS 30/10) (from Ch. 111, par. 8401-10)
| 4 | | (Section scheduled to be repealed on January 1, 2013)
| 5 | | Sec. 10. Definitions. As used in this Act:
| 6 | | "Address of record" means the designated address recorded | 7 | | by the Department in the applicant's or licensee's application
| 8 | | file or license file as maintained by the Department's | 9 | | licensure maintenance unit. It is the duty of the applicant or
| 10 | | licensee to inform the Department of any change of address and | 11 | | those changes must be made either through the Department's | 12 | | website or by contacting the Department. | 13 | | "Board" means the Dietitian Nutritionist Practice Board
| 14 | | appointed by the Secretary Director .
| 15 | | "Certified clinical nutritionist" means an individual | 16 | | certified by the Clinical Nutrition Certification Board. | 17 | | "Certified nutrition specialist" means an individual | 18 | | certified by the Certification Board of Nutrition Specialists. | 19 | | "Department" means the Department of Financial and | 20 | | Professional Regulation.
| 21 | | "Dietetics and nutrition services" means the integration | 22 | | and application of principles derived from the sciences of food | 23 | | and nutrition to provide for all aspects of nutrition care for | 24 | | individuals and groups, including, but not limited to: | 25 | | (1) nutrition counseling; "nutrition counseling" means |
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| 1 | | advising and assisting individuals or groups on | 2 | | appropriate nutrition intake by integrating information | 3 | | from the nutrition assessment; | 4 | | (2) nutrition assessment; "nutrition assessment" means | 5 | | the evaluation of the nutrition needs of individuals or | 6 | | groups using appropriate data to determine nutrient needs | 7 | | or status and make appropriate nutrition recommendations; | 8 | | (3) medically prescribed diet; "medically prescribed | 9 | | diet" means a diet prescribed when specific food or | 10 | | nutrient levels need to be monitored, altered, or both as a | 11 | | component of a treatment program for an individual whose | 12 | | health status is impaired or at risk due to disease, | 13 | | injury, or surgery and may only be performed as initiated | 14 | | by or in consultation with a physician licensed to practice | 15 | | medicine in all of its branches; | 16 | | (4) medical nutrition therapy; "medical nutrition | 17 | | therapy" means the component of nutrition care that deals | 18 | | with: | 19 | | (A) interpreting and recommending nutrient needs | 20 | | relative to medically prescribed diets, including, but | 21 | | not limited to, enteral feedings, specialized | 22 | | intravenous solutions, and specialized oral feedings; | 23 | | (B) food and prescription drug interactions; and | 24 | | (C) developing and managing food service | 25 | | operations whose chief function is nutrition care and | 26 | | provision of medically prescribed diets; |
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| 1 | | (5) nutrition services for individuals and groups; | 2 | | "nutrition services for individuals and groups" includes, | 3 | | but is not limited to, all of the following: | 4 | | (A) providing nutrition assessments relative to | 5 | | preventive maintenance or restorative care; | 6 | | (B) providing nutrition education and nutrition | 7 | | counseling as components of preventive maintenance or | 8 | | restorative care; and | 9 | | (C) developing and managing systems whose chief | 10 | | function is nutrition care; nutrition services for | 11 | | individuals and groups does not include medical | 12 | | nutrition therapy as defined in this Act; and | 13 | | (6) restorative; "restorative" means the component of | 14 | | nutrition care that deals with oral dietary needs for | 15 | | individuals and groups; activities shall relate to the | 16 | | metabolism of food and the requirements for nutrients, | 17 | | including dietary supplements for growth, development, | 18 | | maintenance, or attainment of optimal health. | 19 | | "Dietetics" means the integration and application of | 20 | | principles derived
from the sciences of food and nutrition to | 21 | | provide for all aspects of
nutrition care for individuals and | 22 | | groups, including, but not limited to
nutrition services and | 23 | | medical nutrition therapy as defined in
this Act.
| 24 | | "Diplomate of the American Clinical Board of Nutrition" | 25 | | means an individual certified by the American Clinical Board of | 26 | | Nutrition. |
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| 1 | | "Director" means the Director of the Department of | 2 | | Professional
Regulation.
| 3 | | "Licensed dietitian nutritionist" means a person licensed | 4 | | under this Act to
practice dietetics and nutrition services, as | 5 | | defined in this Section including medical nutrition therapy .
| 6 | | Activities of a licensed dietitian nutritionist do not include | 7 | | the medical
differential diagnosis of the health status of an | 8 | | individual.
| 9 | | "Medical nutrition therapy" means the component of | 10 | | nutrition
care that deals
with:
| 11 | | (a) interpreting and recommending nutrient needs | 12 | | relative to medically
prescribed diets, including, but not | 13 | | limited to tube feedings, specialized
intravenous | 14 | | solutions, and specialized oral feedings;
| 15 | | (b) food and prescription drug interactions; and
| 16 | | (c) developing and managing food service operations | 17 | | whose chief
function is nutrition care and provision of | 18 | | medically prescribed diets.
| 19 | | "Medically prescribed diet" means a diet prescribed when | 20 | | specific food or
nutrient levels need to be monitored, altered, | 21 | | or both as a component of a
treatment program for an individual | 22 | | whose health status is impaired or at
risk due to disease, | 23 | | injury, or surgery and may only be performed as
initiated by or | 24 | | in consultation with a physician licensed to practice
medicine | 25 | | in all of its branches.
| 26 | | "Nutrition assessment" means the evaluation of the |
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| 1 | | nutrition needs of
individuals or groups using appropriate data | 2 | | to determine nutrient needs
or status and make appropriate | 3 | | nutrition recommendations.
| 4 | | "Nutrition counseling" means advising and assisting | 5 | | individuals or groups
on appropriate nutrition intake by | 6 | | integrating information from the nutrition
assessment.
| 7 | | "Nutrition services for individuals and groups" shall | 8 | | include, but is not
limited to, all of the following;
| 9 | | (a) Providing nutrition assessments relative to | 10 | | preventive maintenance
or restorative care.
| 11 | | (b) Providing nutrition education and nutrition | 12 | | counseling as
components of preventive maintenance or | 13 | | restorative care.
| 14 | | (c) Developing and managing systems whose chief | 15 | | function is nutrition
care. Nutrition services for | 16 | | individuals and groups does not include
medical nutrition | 17 | | therapy as defined in this Act.
| 18 | | "Practice experience" means a preprofessional, documented, | 19 | | supervised
practice in dietetics or nutrition services that is | 20 | | acceptable to the
Department in compliance with requirements | 21 | | for licensure, as specified in Section
Sections 45 and 50 . It | 22 | | may be or may include a documented, supervised
practice | 23 | | experience which is a component of the educational requirements
| 24 | | for licensure, as specified in Section 45 or 50 .
| 25 | | "Registered dietitian" means an individual registered with | 26 | | the Commission
on Dietetic Registration, the accrediting body |
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| 1 | | of the Academy of Nutrition and Dietetics, formerly known as | 2 | | for the American
Dietetic
Association.
| 3 | | "Secretary" means the Secretary of Financial and | 4 | | Professional Regulation. | 5 | | "Restorative" means the component of nutrition care that | 6 | | deals with oral
dietary needs for individuals and groups. | 7 | | Activities shall relate to the
metabolism of food and the | 8 | | requirements for nutrients, including dietary
supplements for | 9 | | growth, development, maintenance, or attainment of optimal
| 10 | | health.
| 11 | | (Source: P.A. 92-642, eff. 10-31-03.)
| 12 | | (225 ILCS 30/15) (from Ch. 111, par. 8401-15)
| 13 | | (Section scheduled to be repealed on January 1, 2013)
| 14 | | Sec. 15. License required.
| 15 | | (a) No person may engage for remuneration in the practice | 16 | | of dietetics and nutrition services nutrition services | 17 | | practice
or hold himself or herself out as a licensed dietitian | 18 | | nutritionist unless the
person is licensed in accordance with | 19 | | this Act . or meets one or more of the
following criteria:
| 20 | | (b) This Section does not prohibit the practice of | 21 | | dietetics and nutrition services by the following:
| 22 | | (1) A The person is licensed in this State under any | 23 | | other Act that
authorizes the person to provide these | 24 | | services.
(2) The person that is licensed to practice | 25 | | nutrition under the law of another
state, territory of the |
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| 1 | | United States, or country and has applied in writing
to the | 2 | | Department in form and substance satisfactory to the | 3 | | Department for a
license as a dietitian nutritionist until | 4 | | (i) the expiration of 6 months after
filing the written | 5 | | application, (ii) the withdrawal of the application, or
| 6 | | (iii) the denial of the application by the Department.
| 7 | | (b) No person shall practice dietetics, as defined in this | 8 | | Act, or hold
himself or herself out as a licensed dietitian | 9 | | nutritionist unless that
person is so
licensed under this Act | 10 | | or meets one or more of the following criteria:
| 11 | | (1) The person is licensed in this State under any | 12 | | other Act that
authorizes the person to provide these | 13 | | services.
| 14 | | (2) The person is a dietary technical support person, | 15 | | working in a
hospital setting or a regulated Department of | 16 | | Public Health
or Department on Aging
facility
or program, | 17 | | who has been trained and is supervised while engaged in the
| 18 | | practice of dietetics by a licensed dietitian nutritionist | 19 | | in accordance
with this Act and
whose services are retained | 20 | | by that facility or program on a full time or
regular, | 21 | | ongoing consultant basis.
| 22 | | (2) A (3) The person that is licensed to practice | 23 | | dietetics under
the law of another state,
territory of the | 24 | | United States, or country, or is a certified nutrition | 25 | | specialist, a certified clinical nutritionist, a diplomate | 26 | | of the American Clinical Board of Nutrition, or a |
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| 1 | | registered dietitian, who
has applied in writing to the | 2 | | Department in form and substance satisfactory
to the | 3 | | Department for a license as a dietitian nutritionist until | 4 | | (i) the
expiration of
6 months after the filing the written | 5 | | application, (ii) the withdrawal of
the application, or | 6 | | (iii) the denial of the application by the Department.
| 7 | | (c) No person shall practice dietetics or nutrition | 8 | | services, as defined
in this Act, or hold himself or herself | 9 | | out as a licensed dietitian
nutritionist, a dietitian, a | 10 | | nutritionist, or a nutrition counselor unless the
person is
| 11 | | licensed in accordance with this Act.
| 12 | | (Source: P.A. 92-642, eff. 10-31-03.)
| 13 | | (225 ILCS 30/15.5)
| 14 | | (Section scheduled to be repealed on January 1, 2013)
| 15 | | Sec. 15.5. Unlicensed practice; violation; civil penalty.
| 16 | | (a) Any person who practices, offers to practice, attempts | 17 | | to practice, or
holds oneself out as being able to provide | 18 | | practice dietetics and or nutrition services without being
| 19 | | licensed under this Act shall, in
addition to any other penalty | 20 | | provided by law, pay a civil penalty to the
Department in an | 21 | | amount not to exceed $10,000 $5,000 for each offense as | 22 | | determined by
the Department. The civil penalty shall be | 23 | | assessed by the Department after a
hearing is held in | 24 | | accordance with the provisions set forth in this Act
regarding | 25 | | the provision of a hearing for the discipline of a licensee.
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| 1 | | (b) The Department has the authority and power to | 2 | | investigate any and all
unlicensed activity.
| 3 | | (c) The civil penalty shall be paid within 60 days after | 4 | | the effective date
of the order imposing the civil penalty. The | 5 | | order shall constitute a judgment
and may be filed and | 6 | | execution had thereon in the same manner as any judgment
from | 7 | | any court of record.
| 8 | | (Source: P.A. 92-642, eff. 10-31-03.)
| 9 | | (225 ILCS 30/20) (from Ch. 111, par. 8401-20)
| 10 | | (Section scheduled to be repealed on January 1, 2013)
| 11 | | Sec. 20. Exemptions. This Act does not prohibit or | 12 | | restrict:
| 13 | | (a) Any person licensed in this State under any other Act | 14 | | from engaging
in the practice for which he or she is licensed.
| 15 | | (b) The practice of dietetics and or nutrition services by | 16 | | a person who is
employed by
the United States or State | 17 | | government or any of its bureaus, divisions, or
agencies
while | 18 | | in the discharge of the employee's official duties.
| 19 | | (c) The practice of dietetics and nutrition services by a | 20 | | person employed as a
cooperative extension home economist, to | 21 | | the extent the activities are part
of his or her employment.
| 22 | | (d) The practice of dietetics and nutrition services or | 23 | | dietetics by a person pursuing
a course of study leading to a | 24 | | degree in dietetics, nutrition , or an equivalent
major , as | 25 | | authorized by the Department, from a regionally accredited |
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| 1 | | school or
program, if the activities and services constitute a | 2 | | part of a supervised
course of study and if the person is | 3 | | designated by a title that clearly
indicates the person's | 4 | | status as a student or trainee.
| 5 | | (e) The practice of dietetics and nutrition services or | 6 | | dietetics by a person fulfilling
the supervised practice | 7 | | experience component of Section Sections 45 or 50 , if the
| 8 | | activities and services constitute a part of the experience | 9 | | necessary to meet
the requirements of Section 45 or 50 .
| 10 | | (f) A person , including a licensed acupuncturist, from : | 11 | | (1) providing oral nutrition information as an | 12 | | operator or
employee of a health food store or business | 13 | | that sells health products,
including dietary supplements, | 14 | | food, or food materials ; or , or | 15 | | (2) disseminating
written nutrition information in | 16 | | connection with the marketing and
distribution of those | 17 | | products , or discussing the use of those products, both | 18 | | individually and as components of nutritional programs, | 19 | | including explanations of their federally regulated label | 20 | | claims, any known drug-nutrient interactions, their role | 21 | | in various diets, or suggestions as how to best use and | 22 | | combine them .
| 23 | | (g) The practice of dietetics and nutrition services by an | 24 | | educator who is in the
employ of a nonprofit organization ; , as | 25 | | authorized by the Department, a federal ,
state, county, or | 26 | | municipal agency, or other political subdivision; an
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| 1 | | elementary or secondary school; or a regionally accredited | 2 | | institution of
higher education, as long as the activities and | 3 | | services of the educator are
part of his or her employment.
| 4 | | (h) The practice of dietetics and nutrition services by any | 5 | | person who provides weight
control services, provided the | 6 | | nutrition program has been reviewed by,
consultation is | 7 | | available from, and no program change can be initiated
without | 8 | | prior approval by an individual licensed under this Act,
an | 9 | | individual licensed to
practice dietetics or nutrition | 10 | | services
in another state that has
licensure requirements | 11 | | considered by the Department to be at least as stringent
as the | 12 | | requirements for licensure under this Act, or a registered | 13 | | dietitian.
| 14 | | (i) The practice of dietetics and nutrition services or | 15 | | dietetics by any person with a
masters or doctorate degree with | 16 | | a major in nutrition or equivalent from a
regionally accredited | 17 | | school recognized by the Department for the purpose of
| 18 | | education and research.
| 19 | | (j) A person from providing recommendations, advice, or | 20 | | nutrition information or encouragement of healthy eating | 21 | | choices that does not include the provision of medical | 22 | | nutrition therapy as defined in this Act, or from providing | 23 | | encouragement for compliance with a customized nutrition plan | 24 | | prepared by a licensed dietitian nutritionist or any other | 25 | | licensed professional whose scope of practice includes | 26 | | nutrition assessment and counseling. Any person certified in |
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| 1 | | this State and who is employed by a facility
or program | 2 | | regulated by the State of Illinois from engaging in the | 3 | | practice
for which he or she is certified and authorized by the | 4 | | Department.
| 5 | | (k) The practice of dietetics and nutrition services by a | 6 | | graduate of a 2 year
associate program or a 4 year | 7 | | baccalaureate program from a school or
program accredited at | 8 | | the time of graduation by the appropriate
accrediting agency | 9 | | recognized by the Council on Higher Education Accreditation
and | 10 | | the United States Department of Education with a major in human
| 11 | | nutrition, food and nutrition or its equivalent, as authorized | 12 | | by the
Department, who is directly supervised by an individual | 13 | | licensed under this
Act.
| 14 | | (l) Providing nutrition information as an employee of a | 15 | | nursing
facility operated exclusively by and for those relying | 16 | | upon spiritual means
through prayer alone for healing in | 17 | | accordance with the tenets and
practices of a recognized church | 18 | | or religious denomination.
| 19 | | (m) A dietary technical support person working in a | 20 | | hospital setting or a regulated Department of Public Health or | 21 | | Department on Aging facility or program who has been trained | 22 | | and is supervised while engaged in the practice of dietetics by | 23 | | a licensed dietitian nutritionist in accordance with this Act | 24 | | and whose services are retained by that facility or program on | 25 | | a full-time or regular, ongoing consultant basis. | 26 | | The provisions of this Act shall not be construed to |
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| 1 | | prohibit
or limit any person from the free dissemination of | 2 | | information, from
conducting a class or seminar, or from giving | 3 | | a speech related to nutrition
if that person does not hold | 4 | | himself or herself out as a licensed dietitian nutritionist
| 5 | | nutrition counselor or licensed dietitian in a manner | 6 | | prohibited by Section 15.
| 7 | | (Source: P.A. 92-642, eff. 10-31-03.)
| 8 | | (225 ILCS 30/30) (from Ch. 111, par. 8401-30)
| 9 | | (Section scheduled to be repealed on January 1, 2013)
| 10 | | Sec. 30. Dietitian Nutritionist Practice Board. The | 11 | | Secretary Director shall appoint a Dietitian
Nutritionist | 12 | | Practice Board as follows:
7 individuals who shall be appointed | 13 | | by and shall serve in an
advisory capacity to the Secretary | 14 | | Director . Of these 7 individuals, 6 4 members must
be licensed | 15 | | under this Act , 2 of which must be a registered dietitian and 2 | 16 | | of which must be either a certified clinical nutritionist, a | 17 | | certified nutrition specialist, or a diplomate of the American | 18 | | Clinical Board of Nutrition, ; one member must be a physician | 19 | | licensed to practice medicine
in
all of its branches; one | 20 | | member must be a licensed professional nurse; and one
member | 21 | | must be a public member not licensed under this Act.
| 22 | | Members shall serve 3-year 3 year terms and until their | 23 | | successors are appointed
and qualified , except the terms of the | 24 | | initial appointments . No member shall be reappointed to
the | 25 | | Board for a term that would cause his or her continuous service |
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| 1 | | on the
Board to be longer than 8 years. Appointments to fill | 2 | | vacancies shall be
made in the same manner as original | 3 | | appointments, for the unexpired portion
of the vacated term. | 4 | | Initial terms shall begin upon the effective date of
this Act | 5 | | and Board members in office on that date shall be appointed to
| 6 | | specific terms as indicated in this Section.
| 7 | | Insofar as possible, the licensed professionals appointed | 8 | | to serve on the Board shall be generally representative of the | 9 | | geographical distribution of licensed professionals within The | 10 | | membership of the Board shall reasonably represent all the | 11 | | geographic
areas in this State. Any time there is a vacancy on | 12 | | the Board, any
professional association composed of persons | 13 | | licensed under this Act may
recommend licensees to fill the | 14 | | vacancy to the Board for the appointment of
licensees , the | 15 | | organization representing the largest number of licensed
| 16 | | physicians for the appointment of physicians to the Board, and | 17 | | the
organization representing the largest number of licensed | 18 | | professional
nurses for the appointment of a nurse to the | 19 | | Board .
| 20 | | A vacancy in the membership of the Board shall not impair | 21 | | the right of a quorum to exercise all the rights and perform | 22 | | all the duties of the Board. | 23 | | Members of the Board shall have no liability in any action | 24 | | based upon
any disciplinary proceeding or other activity | 25 | | performed in good faith as
members of the Board.
| 26 | | The Secretary Director shall have the authority to remove |
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| 1 | | or suspend any member of the Board for cause at any time before | 2 | | the expiration of his or her term. The Secretary shall be the | 3 | | sole arbiter of cause
from office for neglect of any duty | 4 | | required by law or for incompetency or
unprofessional or | 5 | | dishonorable conduct .
| 6 | | The Secretary Director shall consider the recommendation | 7 | | of the Board on questions
of standards of professional conduct, | 8 | | discipline, and qualifications of
candidates or licensees | 9 | | under this Act.
| 10 | | (Source: P.A. 92-642, eff. 10-31-03.)
| 11 | | (225 ILCS 30/45) (from Ch. 111, par. 8401-45)
| 12 | | (Section scheduled to be repealed on January 1, 2013)
| 13 | | Sec. 45. Dietitian nutritionist; qualifications. A person | 14 | | shall be
qualified for
licensure as a dietitian nutritionist if | 15 | | that person meets all of the
following
requirements:
| 16 | | (a) Has applied in writing in form and substance acceptable | 17 | | to the
Department and possesses a baccalaureate degree or post | 18 | | baccalaureate
degree in human nutrition, foods and nutrition, | 19 | | dietetics, food systems
management, nutrition education, | 20 | | nutrition, nutrition science, clinical nutrition, applied | 21 | | clinical nutrition, nutrition counseling, nutrition and | 22 | | functional medicine, nutrition and integrative health, or an | 23 | | equivalent major course of study as
recommended by the Board | 24 | | and approved by the Department from a school or
program | 25 | | accredited at the time of graduation from the appropriate |
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| 1 | | regional
accrediting
agency recognized by the Council on Higher | 2 | | Education
Accreditation and the United
States Department of | 3 | | Education.
| 4 | | (b) Has successfully completed an the examination | 5 | | authorized by the
Department which may be or may include | 6 | | examinations an examination given by each of the American | 7 | | Clinical Board of Nutrition, the Certification Board of | 8 | | Nutrition Specialists, the Clinical Nutrition Certification | 9 | | Board, and the
Commission on Dietetic Registration , or another | 10 | | examination approved by the Department .
| 11 | | The Department shall establish by rule a waiver of the | 12 | | examination
requirement to applicants who, at the time of | 13 | | application, are acknowledged
to be certified clinical | 14 | | nutritionists by the Clinical Nutrition Certification Board, | 15 | | certified nutrition specialists by the Certification Board of | 16 | | Nutrition Specialists, diplomates of the American Clinical | 17 | | Board of Nutrition, or registered dietitians by the Commission | 18 | | on Dietetic Registration and
who are in compliance with other | 19 | | qualifications as included in the Act.
| 20 | | (c) Has completed a dietetic internship or documented, | 21 | | supervised practice
experience in dietetics and nutrition | 22 | | services of not less than 900 hours
under the supervision of a
| 23 | | certified clinical nutritionist, certified nutrition | 24 | | specialist, diplomate of the American Clinical Board of | 25 | | Nutrition, registered dietitian or a licensed dietitian | 26 | | nutritionist, a State licensed
healthcare
practitioner, or an |
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| 1 | | individual with a doctoral degree conferred by a U.S.
| 2 | | regionally accredited college or university with a major course | 3 | | of study in
human nutrition, nutrition education, food and | 4 | | nutrition, dietetics , or food
systems management , nutrition, | 5 | | nutrition science, clinical nutrition, applied clinical | 6 | | nutrition, nutrition counseling, nutrition and functional | 7 | | medicine, or nutrition and integrative health . Supervised | 8 | | practice experience must be completed in the
United States or | 9 | | its territories. Supervisors who obtained their doctoral
| 10 | | degree outside the United States and its territories must have | 11 | | their degrees
validated as equivalent to the doctoral degree | 12 | | conferred by a U.S. regionally
accredited college or | 13 | | university.
| 14 | | (Source: P.A. 92-642, eff. 10-31-03.)
| 15 | | (225 ILCS 30/65) (from Ch. 111, par. 8401-65)
| 16 | | (Section scheduled to be repealed on January 1, 2013)
| 17 | | Sec. 65. Expiration and renewal dates. The expiration date | 18 | | and
renewal period for each license issued under this Act shall | 19 | | be set by rule.
| 20 | | As a condition for renewal of a license that expires on | 21 | | October 31, 2003, a
licensed nutrition counselor shall be | 22 | | required to complete and submit to the
Department proof of 30 | 23 | | hours of continuing education in dietetics or nutrition
| 24 | | services during the 24 months preceding the expiration date of | 25 | | the license in
accordance with rules established by the |
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| 1 | | Department. A minimum of 24 hours of
the required 30 hours of | 2 | | continuing education shall be in medical nutrition
therapy, | 3 | | which shall
include
diet therapy, medical dietetics, clinical | 4 | | nutrition, or the equivalent, as
provided by continuing | 5 | | education sponsors approved by the Department. The
Department | 6 | | may adopt rules to implement this Section.
| 7 | | As a condition for renewal of a license, the licensee shall | 8 | | be required
to complete 30 hours of continuing education in | 9 | | dietetics or nutrition
services during the 24 months preceding | 10 | | the expiration date of the license in
accordance with rules | 11 | | established by the Department. The continuing
education shall | 12 | | be in courses approved by the Commission on Dietetic
| 13 | | Registration or in courses taken from a sponsor approved by the | 14 | | Department.
A sponsor shall be required to file an application, | 15 | | meet the
requirements set forth in the rules of the Department, | 16 | | and pay the
appropriate fee. The requirements for continuing | 17 | | education may be waived,
in whole or in part, in cases of | 18 | | extreme hardship as defined by rule of the
Department. The | 19 | | Department shall provide an orderly process for the
| 20 | | reinstatement of licenses that have not been renewed due to the | 21 | | failure to
meet the continuing education requirements of this | 22 | | Section.
| 23 | | Any person who has permitted his or her license to expire | 24 | | or who has had
his or her license on inactive status may have | 25 | | the license restored by
submitting an application to the | 26 | | Department, meeting continuing education
requirements, and |
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| 1 | | filing proof acceptable with the Department of fitness to
have | 2 | | the license restored, which may include sworn evidence | 3 | | certifying to
active practice in another jurisdiction | 4 | | satisfactory to the Department and by
paying the required | 5 | | restoration fee.
| 6 | | If the person has not maintained an active practice in | 7 | | another jurisdiction
satisfactory to the Department, the | 8 | | Department shall determine, by
an evaluation program | 9 | | established by rule, his or her fitness to resume active
status | 10 | | and may require the person to complete a period of evaluated
| 11 | | professional experience and may require successful completion | 12 | | of a practical
examination.
| 13 | | Any person, however, whose license expired while (i) in | 14 | | Federal
Service on active duty with the Armed Forces of the | 15 | | United States, or
called into service or training with the | 16 | | State Militia, or (ii) in training
or education under the | 17 | | supervision of the United States preliminary to
induction into | 18 | | the military service may have his or her license restored
| 19 | | without paying any lapsed renewal fees if within 2 years after | 20 | | honorable
termination of the service, training, or education he | 21 | | or she furnishes the
Department with satisfactory evidence to | 22 | | the effect that he or she has been
so engaged and that the | 23 | | service, training or education has been terminated.
| 24 | | (Source: P.A. 92-642, eff. 7-11-02.)
| 25 | | (225 ILCS 30/70) (from Ch. 111, par. 8401-70)
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| 1 | | (Section scheduled to be repealed on January 1, 2013)
| 2 | | Sec. 70. Inactive status; restoration ; military service . | 3 | | (a) Any person who notifies the
Department in writing on | 4 | | forms prescribed by the Department may elect to
place his or | 5 | | her license on an inactive status and shall, subject to rules
| 6 | | of the Department, be excused from payment of renewal fees | 7 | | until he or she
notifies the Department in writing of the | 8 | | desires to resume active status.
| 9 | | (b) A licensee who has permitted his or her license to | 10 | | expire or who has had his or her license on inactive status may | 11 | | have the license restored by making application to the | 12 | | Department by filing proof acceptable to the Department of his | 13 | | or her fitness to have the license restored and by paying the | 14 | | required fees. Proof of fitness may include sworn evidence | 15 | | certifying to active lawful practice in another jurisdiction. | 16 | | If the licensee has not maintained an active practice in | 17 | | another jurisdiction satisfactory to the Department, then the | 18 | | Department shall determine, by an evaluation program | 19 | | established by rule, his or her fitness for restoration of the | 20 | | license and shall establish procedures and requirements for | 21 | | restoration. | 22 | | (c) A licensee whose license expired while he or she was | 23 | | (1) in federal service on active duty with the Armed Forces of | 24 | | the United States or the State Militia called into service or | 25 | | training or (2) in training or education under the supervision | 26 | | of the United States before induction into the military |
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| 1 | | service, may have the license restored without paying any | 2 | | lapsed renewal fees if within 2 years after honorable | 3 | | termination of the service, training, or education he or she | 4 | | furnishes the Department with satisfactory evidence to the | 5 | | effect that he or she has been so engaged and that his or her | 6 | | service, training, or education has been so terminated. | 7 | | (d) Any person requesting restoration from inactive status | 8 | | shall be required
to pay the current renewal fee, shall meet | 9 | | continuing education
requirements, and shall be required to | 10 | | restore his or her
license as provided in Section 65 of this | 11 | | Act.
| 12 | | (e) A person licensed under this Act
whose license is on | 13 | | inactive status
or in a non-renewed status shall not engage in | 14 | | the practice of dietetics or
nutrition services in the State of | 15 | | Illinois or use the title or advertise that
he or she performs | 16 | | the services of a licensed dietitian nutritionist.
| 17 | | (f) Any person violating this Section shall be considered | 18 | | to be practicing
without a license and will be subject to the | 19 | | disciplinary provisions of this
Act.
| 20 | | (Source: P.A. 92-642, eff. 10-31-03.)
| 21 | | (225 ILCS 30/80) (from Ch. 111, par. 8401-80)
| 22 | | (Section scheduled to be repealed on January 1, 2013)
| 23 | | Sec. 80. Use of title; advertising. Only a person who is | 24 | | issued a license as a dietitian nutritionist under
this Act may | 25 | | use the words "dietitian nutritionist", "dietitian",
" licensed |
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| 1 | | nutritionist", or "nutrition counselor" or the letters | 2 | | "L.D.N." in connection
with his or her name.
| 3 | | A person who meets the additional criteria for registration | 4 | | by the
Commission on Dietetic Registration for the American | 5 | | Dietetic Association
may assume or use the title or designation | 6 | | "Registered Dietitian" or
"Registered Dietician" or use the | 7 | | letters "R.D." or any words, letters,
abbreviations, or | 8 | | insignia indicating that the person is a registered
dietitian.
| 9 | | Any person who meets the additional criteria for | 10 | | certification by the
Clinical Nutrition Certification Board of | 11 | | the International and American
Associations of Clinical | 12 | | Nutritionists may assume or use the title or
designation | 13 | | "Certified Clinical Nutritionist" or use the letters
"C.C.N." | 14 | | or any words, letters, abbreviations, or insignia indicating
| 15 | | that the person is a certified clinical nutritionist.
| 16 | | Any person who meets the additional criteria for | 17 | | certification by the
Certification Board of Nutrition | 18 | | Specialists may assume or use the title
or designation | 19 | | "Certified Nutrition Specialist", or use the letters
"C.N.S." | 20 | | or any words, letters, abbreviations, or insignia indicating
| 21 | | that the person is a certified nutrition specialist.
| 22 | | A licensee shall include in every advertisement for | 23 | | services regulated
under this Act his or her title as it | 24 | | appears on the license or the
initials authorized under this | 25 | | Act. Advertisements shall not include false, fraudulent, | 26 | | deceptive, or misleading material or guarantees of success.
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| 1 | | (Source: P.A. 92-642, eff. 10-31-03.)
| 2 | | (225 ILCS 30/85) (from Ch. 111, par. 8401-85)
| 3 | | (Section scheduled to be repealed on January 1, 2013)
| 4 | | Sec. 85. Fees. The Department shall provide by rule for a | 5 | | schedule of
fees for the administration and enforcement of this | 6 | | Act, including , but not
limited to , original licensure, | 7 | | registration, renewal, and restoration. The fees shall be
| 8 | | nonrefundable.
| 9 | | All fees , fines, and penalties collected under this Act | 10 | | shall be deposited into the General
Professions Dedicated Fund | 11 | | and shall be appropriated to the Department for the
ordinary | 12 | | and contingent expenses of the Department in the administration | 13 | | of
this Act.
| 14 | | (Source: P.A. 91-454, eff. 1-1-00.)
| 15 | | (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
| 16 | | (Section scheduled to be repealed on January 1, 2013)
| 17 | | Sec. 95. Grounds for discipline.
| 18 | | (1) The Department may refuse to issue or
renew, or may | 19 | | revoke, suspend, place on probation, reprimand, or take other
| 20 | | disciplinary or non-disciplinary action as the Department may | 21 | | deem appropriate proper , including imposing fines not to
exceed | 22 | | $10,000 $1000 for each violation, with regard to any license or | 23 | | certificate for
any one or combination of the following causes:
| 24 | | (a) Material misstatement in furnishing information to |
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| 1 | | the Department.
| 2 | | (b) Violations of this Act or of
its rules adopted | 3 | | under this Act .
| 4 | | (c) Conviction by plea of guilty or nolo contendere, | 5 | | finding of guilt, jury verdict, or entry of judgment or by | 6 | | sentencing of any crime, including, but not limited to, | 7 | | convictions, preceding sentences of supervision, | 8 | | conditional discharge, or first offender probation, under | 9 | | the laws of any jurisdiction of the United States (i) that | 10 | | is a felony or (ii) that is a misdemeanor, an essential | 11 | | element of which is dishonesty, or that is directly related | 12 | | to the practice of the profession Conviction of any crime | 13 | | under the laws of the United States or any
state or | 14 | | territory thereof that is (i) a felony; (ii) a misdemeanor, | 15 | | an
essential element of which is dishonesty; or (iii) a | 16 | | crime that is directly
related to the practice of the | 17 | | profession .
| 18 | | (d) Fraud or Making any misrepresentation in applying | 19 | | for or procuring a license under this Act or in connection | 20 | | with applying for renewal of a license under this Act for | 21 | | the purpose of obtaining licensure
or violating any | 22 | | provision of this Act .
| 23 | | (e) Professional incompetence or gross negligence.
| 24 | | (f) Malpractice.
| 25 | | (g) Aiding or assisting another person in violating any | 26 | | provision of
this Act or its rules.
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| 1 | | (h) Failing to provide information within 60 days in | 2 | | response to a
written request made by the Department.
| 3 | | (i) Engaging in dishonorable, unethical or | 4 | | unprofessional conduct of a
character likely to deceive, | 5 | | defraud, or harm the public.
| 6 | | (j) Habitual or excessive use or abuse of drugs defined | 7 | | in law as controlled substances, alcohol addiction to | 8 | | alcohol, narcotics,
stimulants , or any other substance | 9 | | that chemical agent or drug that results in the
inability | 10 | | to practice with reasonable judgment, skill, or safety.
| 11 | | (k) Discipline by another state, the District of | 12 | | Columbia, territory, or country , or governmental agency if | 13 | | at least one
of the grounds for the discipline is the same | 14 | | or substantially equivalent
to those set forth in this Act.
| 15 | | (l) Charging for professional services not rendered, | 16 | | including filing false statements for the collection of | 17 | | fees for which services are not rendered Directly or | 18 | | indirectly giving to or receiving from any person, firm,
| 19 | | corporation, partnership, or association any fee, | 20 | | commission, rebate, or
other form of compensation for any | 21 | | professional services not actually or
personally rendered . | 22 | | Nothing in this paragraph (1) affects any bona fide | 23 | | independent contractor or employment arrangements among | 24 | | health care professionals, health facilities, health care | 25 | | providers, or other entities, except as otherwise | 26 | | prohibited by law. Any employment arrangements may include |
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| 1 | | provisions for compensation, health insurance, pension, or | 2 | | other employment benefits for the provision of services | 3 | | within the scope of the licensee's practice under this Act. | 4 | | Nothing in this paragraph (1) shall be construed to require | 5 | | an employment arrangement to receive professional fees for | 6 | | services rendered.
| 7 | | (m) A finding by the Department that the licensee, | 8 | | after having his or her
license placed on probationary | 9 | | status, has violated the terms of probation.
| 10 | | (n) Willfully making or filing false records or reports | 11 | | in his or her practice, including, but not limited to, | 12 | | false records filed with State agencies or departments | 13 | | Conviction by any court of competent jurisdiction, either | 14 | | within
or outside this State, of any violation of any law | 15 | | governing the practice
of dietetics or nutrition | 16 | | counseling, if the Department determines, after
| 17 | | investigation, that the person has not been sufficiently | 18 | | rehabilitated to
warrant the public trust .
| 19 | | (o) Allowing one's license under this Act to be used by | 20 | | an unlicensed person in violation of this Act A finding | 21 | | that licensure has been applied for or obtained by
| 22 | | fraudulent means .
| 23 | | (p) Practicing under a false or, except as provided by | 24 | | law, an assumed name or attempting to practice under a name | 25 | | other than the
full name as shown on the license or any | 26 | | other legally authorized name .
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| 1 | | (q) Gross and willful overcharging for professional | 2 | | services including
filing statements for collection of | 3 | | fees or monies for which services are not
rendered .
| 4 | | (r) (Blank). Failure to (i) file a return, (ii) pay the | 5 | | tax, penalty or interest
shown in a filed return, or (iii) | 6 | | pay any final assessment of tax, penalty or
interest, as | 7 | | required by any tax Act administered by the Illinois
| 8 | | Department of Revenue, until the requirements of any such | 9 | | tax
Act are satisfied.
| 10 | | (s) Willfully failing to report an instance of | 11 | | suspected child abuse
or neglect as required by the Abused | 12 | | and Neglected Child Reporting Act.
| 13 | | (t) Cheating on or attempting to subvert a licensing | 14 | | examination administered under this Act. | 15 | | (u) Mental illness or disability that results in the | 16 | | inability to practice under this Act with reasonable | 17 | | judgment, skill, or safety. | 18 | | (v) Physical illness, including, but not limited to, | 19 | | deterioration through the aging process or loss of motor | 20 | | skill that results in a licensee's inability to practice | 21 | | under this Act with reasonable judgment, skill, or safety. | 22 | | (2) The Department may refuse to issue or may suspend | 23 | | without hearing, as provided for in the Code of Civil | 24 | | Procedure, the license of any person who fails to file a | 25 | | return, or pay the tax, penalty, or interest shown in a filed | 26 | | return, or pay any final assessment of the tax, penalty, or |
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| 1 | | interest as required by any tax Act administered by the | 2 | | Illinois Department of Revenue, until such time as the | 3 | | requirements of any such tax Act are satisfied in accordance | 4 | | with subsection (g) of Section 2105-15 of the Civil | 5 | | Administrative Code of Illinois. | 6 | | (3) The Department shall deny a license or renewal | 7 | | authorized by this Act to a person who has defaulted on an | 8 | | educational loan or scholarship provided or guaranteed by the | 9 | | Illinois Student Assistance Commission or any governmental | 10 | | agency of this State in accordance with item (5) of subsection | 11 | | (a) of Section 2105-15 of the Civil Administrative Code of | 12 | | Illinois. | 13 | | (4) In cases where the Department of Healthcare and Family | 14 | | Services has previously determined a licensee or a potential | 15 | | licensee is more than 30 days delinquent in the payment of | 16 | | child support and has subsequently certified the delinquency to | 17 | | the Department, the Department may refuse to issue or renew or | 18 | | may revoke or suspend that person's license or may take other | 19 | | disciplinary action against that person based solely upon the | 20 | | certification of delinquency made by the Department of | 21 | | Healthcare and Family Services in accordance with item (5) of | 22 | | subsection (a) of Section 1205-15 of the Civil Administrative | 23 | | Code of Illinois. | 24 | | (5) The determination by a circuit court that a licensee is | 25 | | subject to involuntary admission or judicial admission, as | 26 | | provided in the Mental Health and Developmental Disabilities |
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| 1 | | Code, operates as an automatic suspension. The suspension shall | 2 | | end only upon a finding by a court that the patient is no | 3 | | longer subject to involuntary admission or judicial admission | 4 | | and the issuance of an order so finding and discharging the | 5 | | patient. | 6 | | (6) In enforcing this Act, the Department, upon a showing | 7 | | of a possible violation, may compel an individual licensed to | 8 | | practice under this Act, or who has applied for licensure under | 9 | | this Act, to submit to a mental or physical examination, or | 10 | | both, as required by and at the expense of the Department. The | 11 | | Department may order the examining physician to present | 12 | | testimony concerning the mental or physical examination of the | 13 | | licensee or applicant. No information shall be excluded by | 14 | | reason of any common law or statutory privilege relating to | 15 | | communications between the licensee or applicant and the | 16 | | examining physician. The examining physicians shall be | 17 | | specifically designated by the Department. The individual to be | 18 | | examined may have, at his or her own expense, another physician | 19 | | of his or her choice present during all aspects of this | 20 | | examination. The examination shall be performed by a physician | 21 | | licensed to practice medicine in all its branches. Failure of | 22 | | an individual to submit to a mental or physical examination, | 23 | | when directed, shall result in an automatic suspension without | 24 | | hearing. | 25 | | A person holding a license under this Act or who has | 26 | | applied for a license under this Act who, because of a physical |
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| 1 | | or mental illness or disability, including, but not limited to, | 2 | | deterioration through the aging process or loss of motor skill, | 3 | | is unable to practice the profession with reasonable judgment, | 4 | | skill, or safety, may be required by the Department to submit | 5 | | to care, counseling, or treatment by physicians approved or | 6 | | designated by the Department as a condition, term, or | 7 | | restriction for continued, reinstated, or renewed licensure to | 8 | | practice. Submission to care, counseling, or treatment as | 9 | | required by the Department shall not be considered discipline | 10 | | of a license. If the licensee refuses to enter into a care, | 11 | | counseling, or treatment agreement or fails to abide by the | 12 | | terms of the agreement, then the Department may file a | 13 | | complaint to revoke, suspend, or otherwise discipline the | 14 | | license of the individual. The Secretary may order the license | 15 | | suspended immediately, pending a hearing by the Department. | 16 | | Fines shall not be assessed in disciplinary actions involving | 17 | | physical or mental illness or impairment. | 18 | | In instances in which the Secretary immediately suspends a | 19 | | person's license under this Section, a hearing on that person's | 20 | | license must be convened by the Department within 15 days after | 21 | | the suspension and completed without appreciable delay. The | 22 | | Department shall have the authority to review the subject | 23 | | individual's record of treatment and counseling regarding the | 24 | | impairment to the extent permitted by applicable federal | 25 | | statutes and regulations safeguarding the confidentiality of
| 26 | | medical records. |
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| 1 | | An individual licensed under this Act and affected under | 2 | | this Section shall be afforded an opportunity to demonstrate to | 3 | | the Department that he or she can resume practice in compliance | 4 | | with acceptable and prevailing standards under the provisions | 5 | | of his or her license. | 6 | | (2) In enforcing this Section, the Board, upon a showing of | 7 | | a possible
violation, may compel a licensee or applicant to | 8 | | submit to a mental or physical
examination, or both, as | 9 | | required by and at the expense of the Department. The
examining | 10 | | physician shall be specifically designated by the Board. The | 11 | | Board
or the Department may order the examining physician to | 12 | | present testimony
concerning the mental or physical | 13 | | examination of a licensee or applicant. No
information may be | 14 | | excluded by reason of any common law or statutory privilege
| 15 | | relating to communications between a licensee or applicant and | 16 | | the examining
physician. An individual to be examined may have, | 17 | | at his or her own expense,
another physician of his or her | 18 | | choice present during all aspects of the
examination. Failure | 19 | | of an individual to submit to a mental or physical
examination, | 20 | | when directed, is grounds for suspension of his or her license.
| 21 | | The license must remain suspended until the time that the | 22 | | individual submits to
the examination or the Board finds, after | 23 | | notice and a hearing, that the
refusal to submit to the | 24 | | examination was with reasonable cause.
If the Board finds that | 25 | | an individual is unable to practice because of the
reasons set | 26 | | forth in this Section, the Board must require the individual to
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| 1 | | submit to care, counseling, or treatment by a physician | 2 | | approved by the Board,
as a condition, term, or restriction for | 3 | | continued, reinstated, or renewed
licensure to practice. In | 4 | | lieu of care, counseling, or treatment, the Board
may recommend | 5 | | that the Department file a complaint to immediately suspend or
| 6 | | revoke the license of the individual or otherwise discipline | 7 | | him or her. Any
individual whose license was granted, | 8 | | continued, reinstated, or renewed subject
to conditions, | 9 | | terms, or restrictions, as provided for in this Section, or any
| 10 | | individual who was disciplined or placed on supervision | 11 | | pursuant to this
Section must be referred to the Director for a | 12 | | determination as to whether the
individual shall have his or | 13 | | her license suspended immediately, pending a
hearing by the | 14 | | Board.
| 15 | | The Department shall deny any license or renewal under this | 16 | | Act to
any person who has defaulted on an educational loan | 17 | | guaranteed by the
Illinois Student Assistance Commission; | 18 | | however, the Department may issue a
license or renewal if the | 19 | | person in default has established a satisfactory
repayment | 20 | | record as determined by the Illinois Student Assistance | 21 | | Commission.
| 22 | | The determination by a circuit court that a registrant is | 23 | | subject to
involuntary admission or judicial admission as | 24 | | provided in the Mental
Health and Developmental Disabilities | 25 | | Code
operates as an automatic suspension. This suspension will | 26 | | end only upon a
finding by a court that the patient is no |
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| 1 | | longer subject to involuntary
admission or judicial admission, | 2 | | the issuance of an order so finding and
discharging the | 3 | | patient, and the recommendation of the Board to the
Director | 4 | | that the registrant be allowed to resume practice.
| 5 | | (Source: P.A. 96-1482, eff. 11-29-10.)
| 6 | | (225 ILCS 30/97) (from Ch. 111, par. 8401-97)
| 7 | | (Section scheduled to be repealed on January 1, 2013)
| 8 | | Sec. 97. Payments; penalty for insufficient funds. Any | 9 | | person who delivers a check or other payment to the Department | 10 | | that
is returned to the Department unpaid by the financial | 11 | | institution upon
which it is drawn shall pay to the Department, | 12 | | in addition to the amount
already owed to the Department, a | 13 | | fine of $50. The fines imposed by this Section are in addition
| 14 | | to any other discipline provided under this Act for unlicensed
| 15 | | practice or practice on a nonrenewed license. The Department | 16 | | shall notify
the person that payment of fees and fines shall be | 17 | | paid to the Department
by certified check or money order within | 18 | | 30 calendar days of the
notification. If, after the expiration | 19 | | of 30 days from the date of the
notification, the person has | 20 | | failed to submit the necessary remittance, the
Department shall | 21 | | automatically terminate the license or certificate or deny
the | 22 | | application, without hearing. If, after termination or denial, | 23 | | the
person seeks a license or certificate, he or she shall | 24 | | apply to the
Department for restoration or issuance of the | 25 | | license or certificate and
pay all fees and fines due to the |
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| 1 | | Department. The Department may establish
a fee for the | 2 | | processing of an application for restoration of a license or
| 3 | | certificate to pay all expenses of processing this application. | 4 | | The Secretary Director
may waive the fines due under this | 5 | | Section in individual cases where the Secretary
Director finds | 6 | | that the fines would be unreasonable or unnecessarily
| 7 | | burdensome.
| 8 | | (Source: P.A. 92-146, eff. 1-1-02.)
| 9 | | (225 ILCS 30/100) (from Ch. 111, par. 8401-100)
| 10 | | (Section scheduled to be repealed on January 1, 2013)
| 11 | | Sec. 100. Injunctions; cease and desist orders.
| 12 | | (a) If any person violates a provision of this Act, the | 13 | | Secretary
Director may, in the name of the People of the State | 14 | | of Illinois through
the Attorney General of the State of | 15 | | Illinois or the State's Attorney of the county in which the | 16 | | violation is alleged to have occurred , petition for an order
| 17 | | enjoining the violation or for an order enforcing compliance | 18 | | with this Act.
Upon the filing of a verified petition, the | 19 | | court may issue a temporary
restraining order, without notice | 20 | | or bond, and may preliminarily and
permanently enjoin the | 21 | | violation. If it is established that the person has
violated or | 22 | | is violating the injunction, the Court may punish the offender
| 23 | | for contempt of court. Proceedings under this Section shall be | 24 | | in addition
to, and not in lieu of, all other remedies and | 25 | | penalties provided by this Act.
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| 1 | | (b) If any person practices as a dietitian nutritionist | 2 | | dietitian or nutrition counselor or
holds himself or herself | 3 | | out as such without having a valid license under
this Act, then | 4 | | any licensee, any interested party, or any person injured
| 5 | | thereby may, in addition to the Secretary Director , petition | 6 | | for relief as provided
in subsection (a) of this Section.
| 7 | | (c) Whenever in the opinion of the Department any person | 8 | | violates any
provision of this Act, the Department may issue a | 9 | | rule to show cause why an
order to cease and desist should be | 10 | | entered against him or her. The rule shall
clearly set forth | 11 | | the grounds relied upon the Department and shall provide
a | 12 | | period of 7 days from the date of the rule to file an answer to | 13 | | the
satisfaction of the Department. Failure to answer to the | 14 | | satisfaction of
the Department shall cause in order to cease | 15 | | and desist to be issued
immediately.
| 16 | | (Source: P.A. 87-784.)
| 17 | | (225 ILCS 30/105) (from Ch. 111, par. 8401-105)
| 18 | | (Section scheduled to be repealed on January 1, 2013)
| 19 | | Sec. 105. Investigation; notice and hearing. The | 20 | | Department may investigate
the actions or qualifications of any | 21 | | applicant or of any person or persons
holding or claiming to | 22 | | hold a license or certificate of registration.
The Department | 23 | | shall, before refusing to issue or renew a license or to | 24 | | discipline a licensee under Section 95 before suspending, | 25 | | revoking, placing on
probationary status, or taking any other |
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| 1 | | disciplinary action as the
Department may deem proper with | 2 | | regard to any license or certificate of
registration , at least | 3 | | 30 days before the date set for the
hearing, (i) notify the | 4 | | accused in writing of any charges made and the time and
place | 5 | | for a hearing of the charges before the Board, (ii) direct him | 6 | | or her to
file his or her written answer to the charges with | 7 | | the
Board under oath within 20 days after the service on him or | 8 | | her of the such notice,
and (iii) inform the applicant or | 9 | | licensee him or her that failure if he or she fails to file an | 10 | | answer shall result in ,
default being will be taken against the | 11 | | applicant or licensee. At the time and place fixed in the | 12 | | notice, the Department shall proceed to hear the charges and | 13 | | the parties or their counsel shall be accorded ample | 14 | | opportunity to present any pertinent statements, testimony, | 15 | | evidence, and arguments. The Department may continue the | 16 | | hearing from time to time. In case the person, after receiving | 17 | | the notice, fails to file an answer, his or her license, may, | 18 | | in the discretion of the Department, be revoked, suspended, or | 19 | | placed on probationary status or the Department may take | 20 | | whatever disciplinary action considered proper, including | 21 | | limiting the scope, nature, or extent of the person's practice | 22 | | or the imposition of a fine, without a hearing, if the act or | 23 | | acts charged constitute sufficient grounds for that action | 24 | | under the Act. The written notice and any notice in the | 25 | | subsequent proceeding may be served by registered or certified | 26 | | mail to the licensee's address of record. him or her and his or |
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| 1 | | her license or certificate
of registration may be suspended, | 2 | | revoked, placed on probationary
status, or other disciplinary | 3 | | action may be taken with regard to the license or
certificate, | 4 | | including limiting the scope, nature or extent of his or her
| 5 | | practice, as the Department may deem proper. In case the | 6 | | person, after
receiving notice, fails to file an answer, his or | 7 | | her license or certificate
may, in the discretion of the | 8 | | Department, be suspended, revoked, or placed on
probationary | 9 | | status, or the Department may take whatever disciplinary action
| 10 | | deemed proper, including limiting the scope, nature, or extent | 11 | | of the person's
practice or the imposition of a fine, without a | 12 | | hearing, if the act or acts
charged constitute sufficient | 13 | | grounds for such action under this Act.
| 14 | | This written notice and any notice in the subsequent | 15 | | proceedings may be
served by personal delivery to the accused | 16 | | person, or by registered or
certified mail to the address last | 17 | | specified by the accused in his or her last
notification to the | 18 | | Department. The written answer shall be served by personal
| 19 | | delivery, certified delivery, or certified or registered mail | 20 | | to the
Department. At the time and place fixed in the notice, | 21 | | the Department shall
proceed to hear the charges and the | 22 | | parties or their counsel shall be accorded
ample opportunity to | 23 | | present such statements, testimony, evidence, and argument
as | 24 | | may be pertinent to the charges or to the defense thereto. The | 25 | | Department
may continue such hearing from time to time. At the | 26 | | discretion of the Director
after having first received the |
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| 1 | | recommendation of the Board, the accused
person's certificate | 2 | | of registration may be suspended or revoked, if the
evidence | 3 | | constitutes sufficient grounds for such action under this Act.
| 4 | | (Source: P.A. 87-784; 87-1000; 87-1031; 88-45.)
| 5 | | (225 ILCS 30/108 new) | 6 | | Sec. 108. Confidentiality. All information collected by | 7 | | the Department in the course of an examination or investigation | 8 | | of a licensee or applicant, including, but not limited to, any | 9 | | complaint against a licensee filed with the Department and | 10 | | information collected to investigate any such complaint, shall | 11 | | be maintained for the confidential use of the Department and | 12 | | shall not be disclosed. The Department may not disclose the | 13 | | information to anyone other than law enforcement officials, | 14 | | other regulatory agencies that have an appropriate regulatory | 15 | | interest as determined by the Secretary, or a party presenting | 16 | | a lawful subpoena to the Department. Information and documents | 17 | | disclosed to a federal, State, county, or local law enforcement | 18 | | agency shall not be disclosed by the agency for any purpose to | 19 | | any other agency or person. A formal complaint filed against a | 20 | | licensee by the Department or any order issued by the | 21 | | Department against a licensee or applicant shall be a public | 22 | | record, except as otherwise prohibited by law.
| 23 | | (225 ILCS 30/110) (from Ch. 111, par. 8401-110)
| 24 | | (Section scheduled to be repealed on January 1, 2013)
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| 1 | | Sec. 110. Record of hearing. The Department, at its | 2 | | expense, shall
preserve a record of all proceedings at the | 3 | | formal hearing of any case. The
notice of hearing, complaint, | 4 | | and other documents in the nature of pleadings
and written | 5 | | motions filed in the proceedings, the transcript of testimony, | 6 | | the
report of the Board, and orders of the Department shall be | 7 | | in the record of the
proceedings. The Department shall furnish | 8 | | a transcript of the record to any
person interested in the | 9 | | hearing upon payment of the fee required under Section
2105-115 | 10 | | of the Department of Professional Regulation Law (20 ILCS
| 11 | | 2105/2105-115).
| 12 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 13 | | (225 ILCS 30/115) (from Ch. 111, par. 8401-115)
| 14 | | (Section scheduled to be repealed on January 1, 2013)
| 15 | | Sec. 115. Subpoenas; oaths; attendance of witnesses. | 16 | | (a) The Department may shall have the power to subpoena and | 17 | | to bring before it
any person and to take the oral or written | 18 | | testimony or compel the production of any books, papers, | 19 | | records, or any other documents that the Secretary or his or | 20 | | her designee deems relevant or material to any investigation or | 21 | | hearing conducted by the Department either orally or by | 22 | | deposition, or both,
with the same fees and mileage and in the | 23 | | same manner as prescribed in civil
cases in the courts of this | 24 | | State.
| 25 | | (b) The Secretary Director , the designated hearing |
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| 1 | | officer, any and every member of the
Board , or a certified | 2 | | shorthand court reporter may shall have power to administer | 3 | | oaths to witnesses at any hearing
that the Department conducts | 4 | | is authorized to conduct and any other oaths
authorized in any | 5 | | Act administered by the Department . Notwithstanding any other | 6 | | statute or Department rule to the contrary, all requests for | 7 | | testimony, production of documents, or records shall be in | 8 | | accordance with this Act.
| 9 | | (c) Any circuit court may , upon application of the | 10 | | Department or designee or of
the applicant, licensee , or person | 11 | | holding a license against whom proceedings
under this Act are | 12 | | pending , may enter an order requiring the attendance and | 13 | | testimony of
witnesses and their testimony, and the production | 14 | | of relevant documents, papers, files,
books and records in | 15 | | connection with any hearing or investigations. The court
may | 16 | | compel obedience to its order by proceedings for contempt.
| 17 | | (Source: P.A. 87-784; 87-1000.)
| 18 | | (225 ILCS 30/120) (from Ch. 111, par. 8401-120)
| 19 | | (Section scheduled to be repealed on January 1, 2013)
| 20 | | Sec. 120. Board report. At the conclusion of the hearing, | 21 | | the Board
shall present to the Secretary Director a written | 22 | | report of its findings of fact, conclusions of law, and
| 23 | | recommendations. The report shall contain a finding whether or | 24 | | not the
accused person violated this Act or failed to comply | 25 | | with the conditions
required in this Act. The Board shall |
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| 1 | | specify the nature of the violation
or failure to comply and | 2 | | shall make its recommendations to the Secretary Director .
| 3 | | The report of findings of fact, conclusions of law and | 4 | | recommendation of
the Board shall be the basis for the | 5 | | Department's order for refusing to issue, restore, or renew a | 6 | | license or otherwise disciplining a licensee refusal or for
the | 7 | | granting of a license . If the Secretary Director disagrees in | 8 | | any regard with
the report of the Board, the Secretary Director | 9 | | may issue an order in contravention
of the report. The Director | 10 | | shall provide a written report to the Board on any
deviation | 11 | | and shall specify with particularity the reasons for that | 12 | | action
in the final order. The finding is not admissible in | 13 | | evidence against the
person in a criminal prosecution brought | 14 | | for the violation of this Act, but
the hearing and finding is | 15 | | not a bar to a criminal prosecution brought for
the violation | 16 | | of this Act.
| 17 | | (Source: P.A. 87-784.)
| 18 | | (225 ILCS 30/125) (from Ch. 111, par. 8401-125)
| 19 | | (Section scheduled to be repealed on January 1, 2013)
| 20 | | Sec. 125. Motion for rehearing. In any hearing involving | 21 | | the refusal to issue or renew or the discipline of a
licensee, | 22 | | a copy of the Board's report shall be served upon the | 23 | | respondent by
the Department, either personally or as provided | 24 | | in this Act for the service of
the notice of hearing. Within 20 | 25 | | calendar days after the service, the
respondent may present to |
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| 1 | | the Department a motion in writing for a rehearing
which shall | 2 | | specify the particular grounds for rehearing. If no motion for
| 3 | | rehearing is filed, then upon the expiration of the time | 4 | | specified for filing a
motion, or if motion for rehearing is | 5 | | denied, then upon denial, the Secretary Director
may enter an | 6 | | order in accordance with recommendations of the Board, except | 7 | | as
provided for in Section 120. If the respondent orders a | 8 | | transcript of the
record from the reporting service and pays | 9 | | for it within the time for filing a
motion for rehearing, the | 10 | | 20 calendar day period within which a motion for
rehearing may | 11 | | be filed shall commence upon the delivery of the
transcript to | 12 | | the respondent.
| 13 | | (Source: P.A. 87-784; 87-1000.)
| 14 | | (225 ILCS 30/130) (from Ch. 111, par. 8401-130)
| 15 | | (Section scheduled to be repealed on January 1, 2013)
| 16 | | Sec. 130. Order for rehearing Rehearing . Whenever the | 17 | | Secretary Director is not satisfied that
substantial justice | 18 | | has been done in the revocation, suspension, or refusal
to | 19 | | issue or renew a license the Secretary Director may order a | 20 | | rehearing by the same
or other hearing officers examiners .
| 21 | | (Source: P.A. 87-784.)
| 22 | | (225 ILCS 30/135) (from Ch. 111, par. 8401-135)
| 23 | | (Section scheduled to be repealed on January 1, 2013)
| 24 | | Sec. 135. Hearing officer. The Secretary Director shall |
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| 1 | | have the authority to
appoint any attorney duly licensed to | 2 | | practice law in the State of Illinois
to serve as the hearing | 3 | | officer in any action for refusal to issue or renew
a license | 4 | | or to discipline a licensee or person holding a license. The
| 5 | | hearing officer shall have full authority to conduct the | 6 | | hearing. The
hearing officer shall report his or her findings | 7 | | and recommendations to the Board
and the Secretary Director . | 8 | | The Board shall have 60 calendar days from receipt of the
| 9 | | report to review the report of the hearing officer and present | 10 | | its findings
of fact, conclusions of law, and recommendations | 11 | | to the Secretary Director . If the
Board fails to present its | 12 | | report within the 60 calendar day period, the
Secretary | 13 | | Director may issue an order based on the report of the hearing | 14 | | officer.
If the Secretary Director disagrees with the | 15 | | recommendation of the Board or of the
hearing officer, the | 16 | | Secretary Director may issue an order in contravention of the
| 17 | | recommendation.
| 18 | | (Source: P.A. 87-784; 87-1000.)
| 19 | | (225 ILCS 30/140) (from Ch. 111, par. 8401-140)
| 20 | | (Section scheduled to be repealed on January 1, 2013)
| 21 | | Sec. 140. Order; certified copy. An order or a certified | 22 | | copy of an
order, over the seal of the Department and | 23 | | purporting to be signed by the Secretary
Director , shall be | 24 | | prima facie proof:
| 25 | | (a) that the signature is the genuine signature of the |
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| 1 | | Secretary Director ; and
| 2 | | (b) that the Secretary Director is duly appointed and | 3 | | qualified . ; and
| 4 | | (c) that the Board and the Board members are qualified.
| 5 | | (Source: P.A. 87-784.)
| 6 | | (225 ILCS 30/145) (from Ch. 111, par. 8401-145)
| 7 | | (Section scheduled to be repealed on January 1, 2013)
| 8 | | Sec. 145. Restoration of license from discipline . At any | 9 | | time after the successful completion of a term of indefinite | 10 | | probation, suspension, or revocation of a license, the | 11 | | Department may restore the license to the licensee, unless, | 12 | | after an investigation and a hearing, the Secretary determines | 13 | | that restoration is not in the public interest or that the | 14 | | licensee has not been sufficiently rehabilitated to warrant the | 15 | | public trust. No person or entity whose license, certificate, | 16 | | or authority has been revoked as authorized in this Act may | 17 | | apply for restoration of that license, certification, or | 18 | | authority until such time as provided for in the Civil | 19 | | Administrative Code of Illinois. suspension
or revocation of | 20 | | any
license, the Department may restore the license to the | 21 | | accused person upon
the written recommendation of the Board, | 22 | | unless after an investigation and
a hearing the Board | 23 | | determines that restoration is not in the public interest.
| 24 | | (Source: P.A. 87-784.)
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| 1 | | (225 ILCS 30/155) (from Ch. 111, par. 8401-155)
| 2 | | (Section scheduled to be repealed on January 1, 2013)
| 3 | | Sec. 155. Summary suspension. The Secretary Director may | 4 | | summarily suspend
the license of a licensee dietitian or | 5 | | nutrition counselor without a hearing,
simultaneously with the | 6 | | institution of proceedings for a hearing provided
for in | 7 | | Section 105 of this Act, if the Secretary Director finds that | 8 | | the evidence in his
or her possession indicates that a | 9 | | licensee's continuation in practice
would constitute an | 10 | | imminent danger to the public. In the event that the Secretary
| 11 | | Director summarily suspends the license of a dietitian or | 12 | | nutrition
counselor without a hearing, a hearing shall by the | 13 | | Board must be commenced held within 30
calendar days after the | 14 | | suspension has occurred and shall be concluded as expeditiously | 15 | | as possible .
| 16 | | (Source: P.A. 87-784; 87-1000.)
| 17 | | (225 ILCS 30/165) (from Ch. 111, par. 8401-165)
| 18 | | (Section scheduled to be repealed on January 1, 2013)
| 19 | | Sec. 165. Certification of record; receipt. The Department | 20 | | shall not
be required to certify any record to the Court or | 21 | | file any answer in court
or otherwise appear in any court in a | 22 | | judicial review proceeding, unless and until the Department has | 23 | | received from the plaintiff
there is filed in the court, with | 24 | | the complaint, a receipt from the
Department acknowledging | 25 | | payment of the costs of furnishing and certifying
the record , |
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| 1 | | which costs shall be determined by the Department. Exhibits | 2 | | shall be certified without cost . Failure on the part of the | 3 | | plaintiff to file a receipt in
Court is shall be grounds for | 4 | | dismissal of the action.
| 5 | | (Source: P.A. 87-784.)
| 6 | | (225 ILCS 30/175) (from Ch. 111, par. 8401-175)
| 7 | | (Section scheduled to be repealed on January 1, 2013)
| 8 | | Sec. 175. Illinois Administrative Procedure Act. The | 9 | | Illinois
Administrative Procedure Act is expressly adopted and | 10 | | incorporated as if
all of the provisions of that Act were | 11 | | included in this Act, except that
the provision of paragraph | 12 | | (d) of Section 10-65 of the
Illinois Administrative Procedure | 13 | | Act, which provides that at hearings the
licensee or person | 14 | | holding a license has the right to show
compliance with all | 15 | | lawful requirements for retention or continuation of the
| 16 | | license, is specifically excluded. For the purpose of this Act, | 17 | | the notice
required under Section 10-25 of the Illinois | 18 | | Administrative
Procedure Act is deemed sufficient when mailed | 19 | | to the last known
address of record of a party.
| 20 | | (Source: P.A. 87-784; 88-670, eff. 12-2-94.)
| 21 | | (225 ILCS 30/180) (from Ch. 111, par. 8401-180)
| 22 | | (Section scheduled to be repealed on January 1, 2013)
| 23 | | Sec. 180. Home rule. The regulation and licensing of | 24 | | dietitian nutritionists dietitians and
nutrition counselors |
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| 1 | | are exclusive functions of the State. A home rule
unit may not | 2 | | regulate or license dietitian nutritionists dietitians or | 3 | | nutrition counselors . This
Section is a limitation and denial | 4 | | of home rule powers under paragraph (h)
of Section 6 of Article | 5 | | VII of the Illinois Constitution.
| 6 | | (Source: P.A. 87-784.)
| 7 | | (225 ILCS 30/56 rep.)
| 8 | | (225 ILCS 30/87 rep.)
| 9 | | Section 6. The Dietetic and Nutrition Services Practice Act | 10 | | is amended by repealing Sections 56 and 87. | 11 | | Section 8. The Elder Abuse and Neglect Act is amended by | 12 | | changing Section 2 as follows:
| 13 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 14 | | Sec. 2. Definitions. As used in this Act, unless the | 15 | | context
requires otherwise:
| 16 | | (a) "Abuse" means causing any physical, mental or sexual | 17 | | injury to an
eligible adult, including exploitation of such | 18 | | adult's financial resources.
| 19 | | Nothing in this Act shall be construed to mean that an | 20 | | eligible adult is a
victim of abuse, neglect, or self-neglect | 21 | | for the sole reason that he or she is being
furnished with or | 22 | | relies upon treatment by spiritual means through prayer
alone, | 23 | | in accordance with the tenets and practices of a recognized |
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| 1 | | church
or religious denomination.
| 2 | | Nothing in this Act shall be construed to mean that an | 3 | | eligible adult is a
victim of abuse because of health care | 4 | | services provided or not provided by
licensed health care | 5 | | professionals.
| 6 | | (a-5) "Abuser" means a person who abuses, neglects, or | 7 | | financially
exploits an eligible adult.
| 8 | | (a-7) "Caregiver" means a person who either as a result of | 9 | | a family
relationship, voluntarily, or in exchange for | 10 | | compensation has assumed
responsibility for all or a portion of | 11 | | the care of an eligible adult who needs
assistance with | 12 | | activities of daily
living.
| 13 | | (b) "Department" means the Department on Aging of the State | 14 | | of Illinois.
| 15 | | (c) "Director" means the Director of the Department.
| 16 | | (d) "Domestic living situation" means a residence where the | 17 | | eligible
adult at the time of the report lives alone or with | 18 | | his or her family or a caregiver, or others,
or a board and | 19 | | care home or other community-based unlicensed facility, but
is | 20 | | not:
| 21 | | (1) A licensed facility as defined in Section 1-113 of | 22 | | the Nursing Home
Care Act;
| 23 | | (1.5) A facility licensed under the ID/DD Community | 24 | | Care Act; | 25 | | (1.7) A facility licensed under the Specialized Mental | 26 | | Health Rehabilitation Act;
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| 1 | | (2) A "life care facility" as defined in the Life Care | 2 | | Facilities Act;
| 3 | | (3) A home, institution, or other place operated by the | 4 | | federal
government or agency thereof or by the State of | 5 | | Illinois;
| 6 | | (4) A hospital, sanitarium, or other institution, the | 7 | | principal activity
or business of which is the diagnosis, | 8 | | care, and treatment of human illness
through the | 9 | | maintenance and operation of organized facilities | 10 | | therefor,
which is required to be licensed under the | 11 | | Hospital Licensing Act;
| 12 | | (5) A "community living facility" as defined in the | 13 | | Community Living
Facilities Licensing Act;
| 14 | | (6) (Blank);
| 15 | | (7) A "community-integrated living arrangement" as | 16 | | defined in
the Community-Integrated Living Arrangements | 17 | | Licensure and Certification Act;
| 18 | | (8) An assisted living or shared housing establishment | 19 | | as defined in the Assisted Living and Shared Housing Act; | 20 | | or
| 21 | | (9) A supportive living facility as described in | 22 | | Section 5-5.01a of the Illinois Public Aid Code.
| 23 | | (e) "Eligible adult" means a person 60 years of age or | 24 | | older who
resides in a domestic living situation and is, or is | 25 | | alleged
to be, abused, neglected, or financially exploited by | 26 | | another individual or who neglects himself or herself.
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| 1 | | (f) "Emergency" means a situation in which an eligible | 2 | | adult is living
in conditions presenting a risk of death or | 3 | | physical, mental or sexual
injury and the provider agency has | 4 | | reason to believe the eligible adult is
unable to
consent to | 5 | | services which would alleviate that risk.
| 6 | | (f-5) "Mandated reporter" means any of the following | 7 | | persons
while engaged in carrying out their professional | 8 | | duties:
| 9 | | (1) a professional or professional's delegate while | 10 | | engaged in: (i) social
services, (ii) law enforcement, | 11 | | (iii) education, (iv) the care of an eligible
adult or | 12 | | eligible adults, or (v) any of the occupations required to | 13 | | be licensed
under
the Clinical Psychologist Licensing Act, | 14 | | the Clinical Social Work and Social
Work Practice Act, the | 15 | | Illinois Dental Practice Act, the Dietitian Nutritionist | 16 | | the Dietetic and Nutrition
Services Practice Act, the | 17 | | Marriage and Family Therapy Licensing Act, the
Medical | 18 | | Practice Act of 1987, the Naprapathic Practice Act, the
| 19 | | Nurse Practice Act, the Nursing Home
Administrators | 20 | | Licensing and
Disciplinary Act, the Illinois Occupational | 21 | | Therapy Practice Act, the Illinois
Optometric Practice Act | 22 | | of 1987, the Pharmacy Practice Act, the
Illinois Physical | 23 | | Therapy Act, the Physician Assistant Practice Act of 1987,
| 24 | | the Podiatric Medical Practice Act of 1987, the Respiratory | 25 | | Care Practice
Act,
the Professional Counselor and
Clinical | 26 | | Professional Counselor Licensing and Practice Act, the |
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| 1 | | Illinois Speech-Language
Pathology and Audiology Practice | 2 | | Act, the Veterinary Medicine and Surgery
Practice Act of | 3 | | 2004, and the Illinois Public Accounting Act;
| 4 | | (2) an employee of a vocational rehabilitation | 5 | | facility prescribed or
supervised by the Department of | 6 | | Human Services;
| 7 | | (3) an administrator, employee, or person providing | 8 | | services in or through
an unlicensed community based | 9 | | facility;
| 10 | | (4) any religious practitioner who provides treatment | 11 | | by prayer or spiritual means alone in accordance with the | 12 | | tenets and practices of a recognized church or religious | 13 | | denomination, except as to information received in any | 14 | | confession or sacred communication enjoined by the | 15 | | discipline of the religious denomination to be held | 16 | | confidential;
| 17 | | (5) field personnel of the Department of Healthcare and | 18 | | Family Services, Department of Public
Health, and | 19 | | Department of Human Services, and any county or
municipal | 20 | | health department;
| 21 | | (6) personnel of the Department of Human Services, the | 22 | | Guardianship and
Advocacy Commission, the State Fire | 23 | | Marshal, local fire departments, the
Department on Aging | 24 | | and its subsidiary Area Agencies on Aging and provider
| 25 | | agencies, and the Office of State Long Term Care Ombudsman;
| 26 | | (7) any employee of the State of Illinois not otherwise |
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| 1 | | specified herein
who is involved in providing services to | 2 | | eligible adults, including
professionals providing medical | 3 | | or rehabilitation services and all
other persons having | 4 | | direct contact with eligible adults;
| 5 | | (8) a person who performs the duties of a coroner
or | 6 | | medical examiner; or
| 7 | | (9) a person who performs the duties of a paramedic or | 8 | | an emergency
medical
technician.
| 9 | | (g) "Neglect" means
another individual's failure to | 10 | | provide an eligible
adult with or willful withholding from an | 11 | | eligible adult the necessities of
life including, but not | 12 | | limited to, food, clothing, shelter or health care.
This | 13 | | subsection does not create any new affirmative duty to provide | 14 | | support to
eligible adults. Nothing in this Act shall be | 15 | | construed to mean that an
eligible adult is a victim of neglect | 16 | | because of health care services provided
or not provided by | 17 | | licensed health care professionals.
| 18 | | (h) "Provider agency" means any public or nonprofit agency | 19 | | in a planning
and service area appointed by the regional | 20 | | administrative agency with prior
approval by the Department on | 21 | | Aging to receive and assess reports of
alleged or suspected | 22 | | abuse, neglect, or financial exploitation.
| 23 | | (i) "Regional administrative agency" means any public or | 24 | | nonprofit
agency in a planning and service area so designated | 25 | | by the Department,
provided that the designated Area Agency on | 26 | | Aging shall be designated the
regional administrative agency if |
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| 1 | | it so requests.
The Department shall assume the functions of | 2 | | the regional administrative
agency for any planning and service | 3 | | area where another agency is not so
designated.
| 4 | | (i-5) "Self-neglect" means a condition that is the result | 5 | | of an eligible adult's inability, due to physical or mental | 6 | | impairments, or both, or a diminished capacity, to perform | 7 | | essential self-care tasks that substantially threaten his or | 8 | | her own health, including: providing essential food, clothing, | 9 | | shelter, and health care; and obtaining goods and services | 10 | | necessary to maintain physical health, mental health, | 11 | | emotional well-being, and general safety. The term includes | 12 | | compulsive hoarding, which is characterized by the acquisition | 13 | | and retention of large quantities of items and materials that | 14 | | produce an extensively cluttered living space, which | 15 | | significantly impairs the performance of essential self-care | 16 | | tasks or otherwise substantially threatens life or safety.
| 17 | | (j) "Substantiated case" means a reported case of alleged | 18 | | or suspected
abuse, neglect, financial exploitation, or | 19 | | self-neglect in which a provider agency,
after assessment, | 20 | | determines that there is reason to believe abuse,
neglect, or | 21 | | financial exploitation has occurred.
| 22 | | (Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572, | 23 | | eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, | 24 | | eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12; | 25 | | 97-813, eff. 7-13-12.) |
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| 1 | | Section 10. The Unified Code of Corrections is amended by | 2 | | changing Section 5-5-5 as follows:
| 3 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 4 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 5 | | (a) Conviction and disposition shall not entail the loss by | 6 | | the
defendant of any civil rights, except under this Section | 7 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 8 | | hereafter amended.
| 9 | | (b) A person convicted of a felony shall be ineligible to | 10 | | hold an office
created by the Constitution of this State until | 11 | | the completion of his sentence.
| 12 | | (c) A person sentenced to imprisonment shall lose his right | 13 | | to vote
until released from imprisonment.
| 14 | | (d) On completion of sentence of imprisonment or upon | 15 | | discharge from
probation, conditional discharge or periodic | 16 | | imprisonment, or at any time
thereafter, all license rights and | 17 | | privileges
granted under the authority of this State which have | 18 | | been revoked or
suspended because of conviction of an offense | 19 | | shall be restored unless the
authority having jurisdiction of | 20 | | such license rights finds after
investigation and hearing that | 21 | | restoration is not in the public interest.
This paragraph (d) | 22 | | shall not apply to the suspension or revocation of a
license to | 23 | | operate a motor vehicle under the Illinois Vehicle Code.
| 24 | | (e) Upon a person's discharge from incarceration or parole, | 25 | | or upon a
person's discharge from probation or at any time |
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| 1 | | thereafter, the committing
court may enter an order certifying | 2 | | that the sentence has been
satisfactorily completed when the | 3 | | court believes it would assist in the
rehabilitation of the | 4 | | person and be consistent with the public welfare.
Such order | 5 | | may be entered upon the motion of the defendant or the State or
| 6 | | upon the court's own motion.
| 7 | | (f) Upon entry of the order, the court shall issue to the | 8 | | person in
whose favor the order has been entered a certificate | 9 | | stating that his
behavior after conviction has warranted the | 10 | | issuance of the order.
| 11 | | (g) This Section shall not affect the right of a defendant | 12 | | to
collaterally attack his conviction or to rely on it in bar | 13 | | of subsequent
proceedings for the same offense.
| 14 | | (h) No application for any license specified in subsection | 15 | | (i) of this
Section granted under the
authority of this State | 16 | | shall be denied by reason of an eligible offender who
has | 17 | | obtained a certificate of relief from disabilities, as
defined | 18 | | in Article 5.5 of this Chapter, having been previously | 19 | | convicted of one
or more
criminal offenses, or by reason of a | 20 | | finding of lack of "good moral
character" when the finding is | 21 | | based upon the fact that the applicant has
previously been | 22 | | convicted of one or more criminal offenses, unless:
| 23 | | (1) there is a direct relationship between one or more | 24 | | of the previous
criminal offenses and the specific license | 25 | | sought; or
| 26 | | (2) the issuance of the license would
involve an |
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| 1 | | unreasonable risk to property or to the safety or welfare | 2 | | of
specific individuals or the general public.
| 3 | | In making such a determination, the licensing agency shall | 4 | | consider the
following factors:
| 5 | | (1) the public policy of this State, as expressed in | 6 | | Article 5.5 of this
Chapter, to encourage the licensure and | 7 | | employment of persons previously
convicted of one or more | 8 | | criminal offenses;
| 9 | | (2) the specific duties and responsibilities | 10 | | necessarily related to the
license being sought;
| 11 | | (3) the bearing, if any, the criminal offenses or | 12 | | offenses for which the
person
was previously convicted will | 13 | | have on his or her fitness or ability to perform
one or
| 14 | | more such duties and responsibilities;
| 15 | | (4) the time which has elapsed since the occurrence of | 16 | | the criminal
offense or offenses;
| 17 | | (5) the age of the person at the time of occurrence of | 18 | | the criminal
offense or offenses;
| 19 | | (6) the seriousness of the offense or offenses;
| 20 | | (7) any information produced by the person or produced | 21 | | on his or her
behalf in
regard to his or her rehabilitation | 22 | | and good conduct, including a certificate
of relief from | 23 | | disabilities issued to the applicant, which certificate | 24 | | shall
create a presumption of rehabilitation in regard to | 25 | | the offense or offenses
specified in the certificate; and
| 26 | | (8) the legitimate interest of the licensing agency in |
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| 1 | | protecting
property, and
the safety and welfare of specific | 2 | | individuals or the general public.
| 3 | | (i) A certificate of relief from disabilities shall be | 4 | | issued only
for a
license or certification issued under the | 5 | | following Acts:
| 6 | | (1) the Animal Welfare Act; except that a certificate | 7 | | of relief from
disabilities may not be granted
to provide | 8 | | for
the
issuance or restoration of a license under the | 9 | | Animal Welfare Act for any
person convicted of violating | 10 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 11 | | Care for Animals Act or Section 26-5 or 48-1 of the | 12 | | Criminal Code of
1961;
| 13 | | (2) the Illinois Athletic Trainers Practice Act;
| 14 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 15 | | and Nail Technology Act of 1985;
| 16 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 17 | | Act;
| 18 | | (5) the Boxing and Full-contact Martial Arts Act;
| 19 | | (6) the Illinois Certified Shorthand Reporters Act of | 20 | | 1984;
| 21 | | (7) the Illinois Farm Labor Contractor Certification | 22 | | Act;
| 23 | | (8) the Interior Design Title Act;
| 24 | | (9) the Illinois Professional Land Surveyor Act of | 25 | | 1989;
| 26 | | (10) the Illinois Landscape Architecture Act of 1989;
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| 1 | | (11) the Marriage and Family Therapy Licensing Act;
| 2 | | (12) the Private Employment Agency Act;
| 3 | | (13) the Professional Counselor and Clinical | 4 | | Professional Counselor
Licensing and Practice
Act;
| 5 | | (14) the Real Estate License Act of 2000;
| 6 | | (15) the Illinois Roofing Industry Licensing Act; | 7 | | (16) the Professional Engineering Practice Act of | 8 | | 1989; | 9 | | (17) the Water Well and Pump Installation Contractor's | 10 | | License Act; | 11 | | (18) the Electrologist Licensing Act;
| 12 | | (19) the Auction License Act; | 13 | | (20) the Illinois Architecture Practice Act of 1989; | 14 | | (21) the Dietitian Nutritionist Dietetic and Nutrition | 15 | | Services Practice Act; | 16 | | (22) the Environmental Health Practitioner Licensing | 17 | | Act; | 18 | | (23) the Funeral Directors and Embalmers Licensing | 19 | | Code; | 20 | | (24) the Land Sales Registration Act of 1999; | 21 | | (25) the Professional Geologist Licensing Act; | 22 | | (26) the Illinois Public Accounting Act; and | 23 | | (27) the Structural Engineering Practice Act of 1989.
| 24 | | (Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11; | 25 | | 97-706, eff. 6-25-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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