Full Text of SB0898 100th General Assembly
SB0898eng 100TH GENERAL ASSEMBLY |
| | SB0898 Engrossed | | LRB100 05745 SMS 15768 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.28 and by adding Section 4.38 as follows: | 6 | | (5 ILCS 80/4.28) | 7 | | Sec. 4.28. Acts
repealed on January 1, 2018. The following | 8 | | Acts are
repealed on January 1, 2018: | 9 | | The Illinois Petroleum Education and Marketing Act.
| 10 | | The Podiatric Medical Practice Act of 1987. | 11 | | The Acupuncture Practice Act. | 12 | | The Illinois Speech-Language Pathology and Audiology | 13 | | Practice Act. | 14 | | The Interpreter for the Deaf Licensure Act of 2007. | 15 | | The Nurse Practice Act. | 16 | | The Clinical Social Work and Social Work Practice Act. | 17 | | The Pharmacy Practice Act. | 18 | | The Home Medical Equipment and Services Provider License | 19 | | Act. | 20 | | The Marriage and Family Therapy Licensing Act. | 21 | | The Nursing Home Administrators Licensing and Disciplinary | 22 | | Act. | 23 | | The Physician Assistant Practice Act of 1987. |
| | | SB0898 Engrossed | - 2 - | LRB100 05745 SMS 15768 b |
|
| 1 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | 2 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | 3 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | 4 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | 5 | | 96-328, eff. 8-11-09.) | 6 | | (5 ILCS 80/4.38 new) | 7 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 8 | | Act is repealed on January 1, 2028: | 9 | | The Acupuncture Practice Act. | 10 | | Section 10. The Acupuncture Practice Act is amended by | 11 | | changing Sections 10, 25, 30, 35, 40, 60, 70, 105, 110, 120, | 12 | | 130, 140, 152, 160, 170, 175, 190, and 200 and by adding | 13 | | Sections 12 and 142 as follows:
| 14 | | (225 ILCS 2/10)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 10. Definitions. As used in this Act:
| 17 | | "Acupuncture" means the evaluation or treatment of persons | 18 | | affected
through a method of stimulation of a certain point or | 19 | | points on or immediately
below the surface of
the body by the | 20 | | insertion of pre-sterilized, single-use, disposable needles,
| 21 | | unless medically contraindicated, with or without the | 22 | | application of heat,
electronic stimulation, or manual | 23 | | pressure
to prevent or modify the perception of
pain, to |
| | | SB0898 Engrossed | - 3 - | LRB100 05745 SMS 15768 b |
|
| 1 | | normalize physiological functions, or for the
treatment of | 2 | | certain diseases or dysfunctions of the body and includes | 3 | | activities referenced in Section 15 of this Act for which a | 4 | | written referral is not required.
Acupuncture does not include | 5 | | radiology, electrosurgery, chiropractic technique,
physical | 6 | | therapy, naprapathic technique, use or prescribing of any | 7 | | drugs,
medications, herbal preparations, nutritional | 8 | | supplements, serums, or vaccines,
or determination of a | 9 | | differential
diagnosis.
An acupuncturist licensed
registered | 10 | | under this Act who is not also licensed as a physical therapist
| 11 | | under
the Illinois Physical Therapy Act shall not hold himself | 12 | | or herself out as
being qualified to provide physical therapy | 13 | | or physiotherapy services.
An
acupuncturist shall refer to a | 14 | | licensed physician or dentist, any
patient whose condition | 15 | | should, at the time of evaluation or treatment,
be determined | 16 | | to be beyond the scope of practice of the acupuncturist.
| 17 | | "Acupuncturist" means a person who practices acupuncture
| 18 | | and who is licensed by the Department under this Act to | 19 | | practice acupuncture .
| 20 | | "Address of record" means the designated address recorded | 21 | | by the Department in the applicant's or licensee's application | 22 | | file or license file as maintained by the Department's | 23 | | licensure maintenance unit. | 24 | | "Board" means the Board of Acupuncture appointed by the | 25 | | Secretary .
| 26 | | "Dentist" means a person licensed under the Illinois Dental |
| | | SB0898 Engrossed | - 4 - | LRB100 05745 SMS 15768 b |
|
| 1 | | Practice Act.
| 2 | | "Department" means the Department of Financial and
| 3 | | Professional
Regulation.
| 4 | | "Email address of record" means the designated email | 5 | | address recorded by the Department in the applicant's | 6 | | application file or the licensee's license file, as maintained | 7 | | by the Department's licensure maintenance unit. | 8 | | "Physician" means a person licensed under the Medical | 9 | | Practice Act of 1987.
| 10 | | "Referral by written order" for purposes of this Act means | 11 | | a
diagnosis, substantiated by signature of a physician or | 12 | | dentist, identifying a
patient's condition and recommending | 13 | | treatment by acupuncture as defined in
this Act. The diagnosis | 14 | | shall remain in effect until changed by the physician
or | 15 | | dentist who may, through express direction in the referral, | 16 | | maintain management of the patient.
| 17 | | "Secretary" means the Secretary of Financial and | 18 | | Professional Regulation.
| 19 | | "State" includes:
| 20 | | (1) the states of the United States of America;
| 21 | | (2) the District of Columbia; and
| 22 | | (3) the Commonwealth of Puerto Rico.
| 23 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 24 | | (225 ILCS 2/12 new) | 25 | | Sec. 12. Address of record; email address of record. All |
| | | SB0898 Engrossed | - 5 - | LRB100 05745 SMS 15768 b |
|
| 1 | | applicants and licensees shall: | 2 | | (1) provide a valid address and email address to the | 3 | | Department, which shall serve as the address of record and | 4 | | email address of record, respectively, at the time of | 5 | | application for licensure or renewal of a license; and | 6 | | (2) inform the Department of any change of address of | 7 | | record or email address of record within 14 days after such | 8 | | change either through the Department's website or by | 9 | | contacting the Department's licensure maintenance unit.
| 10 | | (225 ILCS 2/25)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 25. Powers and duties of Department. The Department
| 13 | | shall exercise powers and duties under this Act as
follows:
| 14 | | (1) Review applications to ascertain the | 15 | | qualifications of
applicants for licensure.
| 16 | | (2) Adopt rules consistent with the
provisions of this | 17 | | Act for its administration and enforcement
and may | 18 | | prescribe forms
that shall be used in connection with
this | 19 | | Act. The rules may define standards and criteria for
| 20 | | professional conduct and discipline. The
Department shall | 21 | | consult with the Board in adopting rules. Notice of
| 22 | | proposed rulemaking shall be transmitted to the Board, and | 23 | | the Department shall
review the Board's response and any | 24 | | recommendations made in the response.
| 25 | | (3) The Department may at any time seek the advice and |
| | | SB0898 Engrossed | - 6 - | LRB100 05745 SMS 15768 b |
|
| 1 | | the expert
knowledge
of
the Board on any matter relating to | 2 | | the administration of this Act.
| 3 | | (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97 .)
| 4 | | (225 ILCS 2/30)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 30. Illinois Administrative Procedure Act. The | 7 | | Illinois
Administrative Procedure Act is hereby expressly | 8 | | adopted and incorporated herein as if all of the provisions of | 9 | | that Act were included in this Act, except that the provision | 10 | | of subsection (d) of Section 10-65 of the Illinois | 11 | | Administrative Procedure Act, which provides that at hearings | 12 | | the licensee has the right to show compliance with all lawful | 13 | | requirements for retention or continuation or renewal of the | 14 | | license, is specifically excluded. For the purposes of this | 15 | | Act, the notice required under Section 10-25 of the Illinois | 16 | | Administrative Procedure Act is deemed sufficient when mailed | 17 | | to the address of record.
shall apply to all administrative | 18 | | rules and procedures of the Department under
this Act, except | 19 | | that in the case of a conflict between the Illinois
| 20 | | Administrative Procedure Act and this Act, the provisions of | 21 | | this Act shall
control.
| 22 | | (Source: P.A. 89-706, eff. 1-31-97 .)
| 23 | | (225 ILCS 2/35)
| 24 | | (Section scheduled to be repealed on January 1, 2018)
|
| | | SB0898 Engrossed | - 7 - | LRB100 05745 SMS 15768 b |
|
| 1 | | Sec. 35. Board of Acupuncture. The Secretary shall appoint | 2 | | a Board of
Acupuncture to
consist of 7 persons who shall be | 3 | | appointed by and shall serve in an advisory
capacity to the | 4 | | Secretary. Four members must hold an active license to engage | 5 | | in
the practice of acupuncture in this State, one member shall | 6 | | be a chiropractic
physician licensed under the Medical Practice | 7 | | Act of 1987 who is actively
engaged in the practice of | 8 | | acupuncture, one member shall be a physician
licensed to | 9 | | practice medicine in all of its branches in Illinois, and one
| 10 | | member must be a member of the public who is not licensed under | 11 | | this
Act or a
similar Act of another jurisdiction and who has | 12 | | no connection with the
profession.
| 13 | | Members shall serve 4-year terms and until their successors | 14 | | are appointed and
qualified. No member may be appointed to more | 15 | | than 2 consecutive full terms shall
be reappointed to the Board | 16 | | for a term that would cause his or her continuous
service on | 17 | | the Board to be longer than 8 consecutive years . Appointments | 18 | | to
fill vacancies shall be made in the same manner as original | 19 | | appointments for
the unexpired portion of the vacated term. | 20 | | Initial terms shall begin upon the
effective date of this | 21 | | amendatory Act of 1997.
| 22 | | The Board may annually elect a chairperson and a | 23 | | vice-chairperson who shall
preside in the absence of the | 24 | | chairperson. The membership of the Board should
reasonably | 25 | | reflect representation from the geographic areas in this State. | 26 | | The
Secretary may terminate the appointment of any member for |
| | | SB0898 Engrossed | - 8 - | LRB100 05745 SMS 15768 b |
|
| 1 | | cause.
The Secretary may give due consideration to all | 2 | | recommendations of the Board. A
majority of the Board members | 3 | | currently appointed shall constitute a quorum. A
vacancy in the | 4 | | membership of the Board shall not impair the right of a quorum
| 5 | | to exercise the right and perform all the duties of the Board. | 6 | | Members of the
Board shall have no liability in any action | 7 | | based upon any disciplinary
proceeding or other activity | 8 | | performed in good faith as a member of the
Board.
| 9 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 10 | | (225 ILCS 2/40)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 40. Application for licensure. Applications for
| 13 | | original
licensure as an acupuncturist shall be made to the
| 14 | | Department in writing on
forms
prescribed by the Department and | 15 | | shall be accompanied by the required fee,
which shall
not be | 16 | | refundable.
| 17 | | Until December 31, 2001, applicants shall submit with the | 18 | | application
proof of
passing the National Certification | 19 | | Commission for Acupuncture and Oriental Medicine examination | 20 | | or a
substantially equivalent examination approved by the | 21 | | Department or meeting any
other qualifications established by | 22 | | the Department.
| 23 | | The On and after January 1, 2002, the Department may shall | 24 | | issue a license to an
applicant who submits with the | 25 | | application proof that the applicant satisfies of each of the |
| | | SB0898 Engrossed | - 9 - | LRB100 05745 SMS 15768 b |
|
| 1 | | following requirements for licensure :
| 2 | | (1)(A) graduation from a
school accredited by the | 3 | | Accreditation Commission for Acupuncture and Oriental | 4 | | Medicine or a similar accrediting body
approved by the | 5 | | Department; or
(B) completion of a comprehensive | 6 | | educational program approved by the
Department; and
| 7 | | (2) passing the
National Certification Commission for | 8 | | Acupuncture and Oriental Medicine examination or a
| 9 | | substantially
equivalent examination approved by the | 10 | | Department.
| 11 | | An applicant has 3
years from the date of his or her | 12 | | application to complete the application
process. If the process | 13 | | has not been completed in 3 years, the application
shall be | 14 | | denied, the fee shall be forfeited, and the applicant must | 15 | | reapply and
meet the requirements in effect at the time of | 16 | | reapplication.
| 17 | | (Source: P.A. 93-999, eff. 8-23-04 .)
| 18 | | (225 ILCS 2/60)
| 19 | | (Section scheduled to be repealed on January 1, 2018)
| 20 | | Sec. 60. Exhibition of license upon request; change of
| 21 | | address. A licensee shall, whenever
requested,
exhibit his or | 22 | | her license to any
representative of the
Department
and shall | 23 | | notify the Department of the address or addresses, and of
every | 24 | | change of address, where the licensee practices
acupuncture .
| 25 | | (Source: P.A. 95-450, eff. 8-27-07.)
|
| | | SB0898 Engrossed | - 10 - | LRB100 05745 SMS 15768 b |
|
| 1 | | (225 ILCS 2/70)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 70. Renewal , reinstatement, or restoration of
| 4 | | license; continuing education; military service. The
| 5 | | expiration date and renewal period
for each license issued | 6 | | under this Act shall be set by
rule. The
holder of a license | 7 | | may renew that license during the
month
preceding its | 8 | | expiration date by paying the required fee.
| 9 | | In order to renew or restore a license, applicants shall
| 10 | | provide proof of having met the
requirements of continuing | 11 | | education set forth in the
rules of the
Department. Continuing | 12 | | education sponsors approved by the Department may not use an | 13 | | individual to engage in clinical demonstration, unless that | 14 | | individual is actively licensed under this Act or licensed by | 15 | | another state or country as set forth in Section 20.1 of this | 16 | | Act.
| 17 | | A person who has permitted his or her license to expire or | 18 | | who has had
his or her license on inactive status may have the | 19 | | license restored by
submitting an application to the | 20 | | Department, by meeting continuing education
requirements, and | 21 | | by filing proof acceptable to the Department of fitness to
have | 22 | | the license restored, which may include sworn evidence | 23 | | certifying to
active practice in another jurisdiction | 24 | | satisfactory to the Department and by
paying the required | 25 | | restoration fee. If the person has not maintained an
active |
| | | SB0898 Engrossed | - 11 - | LRB100 05745 SMS 15768 b |
|
| 1 | | practice in another jurisdiction satisfactory to the | 2 | | Department, the
Department shall determine , by an evaluation | 3 | | program established by rule, his
or her fitness to resume | 4 | | active status and may require the person to complete a
period | 5 | | of evaluated clinical experience and may require successful | 6 | | completion
of a practical examination.
| 7 | | Any acupuncturist whose license expired while he or she
was
| 8 | | (1) in federal service on active duty with the Armed Forces of | 9 | | the
United States or the State Militia called into service or | 10 | | training
or (2) in training or education under the supervision | 11 | | of the
United States preliminary to induction into the military | 12 | | service,
however, may have his or her license registration | 13 | | restored without paying any
lapsed renewal fees if within 2 | 14 | | years after honorable termination
of service, training, or | 15 | | education, he or she furnishes the
Department with satisfactory | 16 | | evidence that he or she
has been so engaged and that his or her | 17 | | service, training, or
education has been terminated.
| 18 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 19 | | (225 ILCS 2/105)
| 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 105. Unlicensed practice; civil penalty. | 22 | | (a) A person who practices,
offers to practice, attempts to | 23 | | practice, or holds himself or herself out to
practice as
a
| 24 | | licensed acupuncturist without being licensed under this Act | 25 | | shall, in addition
to any other penalty provided by law, pay a |
| | | SB0898 Engrossed | - 12 - | LRB100 05745 SMS 15768 b |
|
| 1 | | civil penalty to the Department in
an amount not to exceed | 2 | | $10,000 for each offense as determined by the
Department. The | 3 | | civil penalty shall be assessed by the Department after a
| 4 | | hearing is held in accordance with the provisions set forth in | 5 | | this Act
regarding the provision of a hearing for the | 6 | | discipline of a licensee.
| 7 | | (b) The Department has the authority and power to | 8 | | investigate any and all unlicensed activity. | 9 | | (c) The civil penalty shall be paid within 60 days after | 10 | | the effective date of the order imposing the civil penalty. The | 11 | | order shall constitute a judgment and may be filed and | 12 | | execution had thereon in the same manner as any judgment from | 13 | | any court of record. | 14 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 15 | | (225 ILCS 2/110)
| 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 110. Grounds for disciplinary action.
| 18 | | (a) The Department may refuse to issue or to renew, place | 19 | | on probation,
suspend, revoke or take other disciplinary or | 20 | | non-disciplinary action as deemed appropriate
including the | 21 | | imposition of fines not to exceed $10,000 for each
violation,
| 22 | | as the Department may deem proper,
with
regard to a license for | 23 | | any one or combination of the
following
causes:
| 24 | | (1) Violations of this the Act or its rules.
| 25 | | (2) Conviction by or plea of guilty or nolo contendere , |
| | | SB0898 Engrossed | - 13 - | LRB100 05745 SMS 15768 b |
|
| 1 | | finding of guilt, jury verdict, or entry of judgment or | 2 | | sentencing, including, but not limited to, convictions, | 3 | | preceding sentences of supervision, conditional discharge, | 4 | | or first offender probation, under the laws of any | 5 | | jurisdiction of the United States that is of any crime | 6 | | under the laws of the United States or any state or | 7 | | territory thereof that is (i) a felony or (ii) a | 8 | | misdemeanor, an
essential element of which is dishonesty or | 9 | | that is directly
related to the practice of the profession.
| 10 | | (3) Making any misrepresentation for the purpose of
| 11 | | obtaining a license.
| 12 | | (4) Aiding or assisting another person in violating any
| 13 | | provision of this Act or its rules.
| 14 | | (5) Failing to provide information within 60 days in
| 15 | | response to a written request made by the Department which | 16 | | has
been sent by certified or registered mail to the | 17 | | licensee's
last known address of record or by email to the | 18 | | licensee's email address of record .
| 19 | | (6) Discipline by another U.S. jurisdiction or foreign
| 20 | | nation, if at least one of the grounds for the discipline | 21 | | is the same or
substantially equivalent to one set forth in | 22 | | this Section.
| 23 | | (7) Solicitation of professional services by means | 24 | | other
than permitted under this Act.
| 25 | | (8) Failure to provide a patient with a copy of his or
| 26 | | her record upon the written request of the patient.
|
| | | SB0898 Engrossed | - 14 - | LRB100 05745 SMS 15768 b |
|
| 1 | | (9) Gross negligence in the practice of acupuncture.
| 2 | | (10) Habitual or excessive use or addiction to alcohol, | 3 | | narcotics,
stimulants, or any other chemical agent or drug | 4 | | that results in an
acupuncturist's inability to practice | 5 | | with reasonable judgment, skill, or
safety.
| 6 | | (11) A finding that licensure has been
applied for or
| 7 | | obtained by fraudulent means.
| 8 | | (12) A pattern of practice or other behavior that | 9 | | demonstrates
incapacity or incompetence to practice under | 10 | | this Act.
| 11 | | (13) Being named as a perpetrator in an indicated | 12 | | report
by the Department of Children and Family Services | 13 | | under the
Abused and Neglected Child Reporting Act and upon | 14 | | proof by
clear and convincing evidence that the licensee | 15 | | has caused a
child to be an abused child or a neglected | 16 | | child as defined in
the Abused and Neglected Child | 17 | | Reporting Act.
| 18 | | (14) Willfully Wilfully failing to report an instance | 19 | | of suspected
child abuse or neglect as required by the | 20 | | Abused and Neglected
Child Reporting Act.
| 21 | | (15) The use of any words, abbreviations, figures or
| 22 | | letters (such as Acupuncturist, Licensed Acupuncturist,
| 23 | | Certified Acupuncturist, C.A., Act., Lic. Act., or Lic. | 24 | | Ac.)
with the intention of indicating practice as a | 25 | | licensed
acupuncturist without a valid license as an | 26 | | acupuncturist
issued under this Act.
|
| | | SB0898 Engrossed | - 15 - | LRB100 05745 SMS 15768 b |
|
| 1 | | (16) Using claims of superior quality of care to entice
| 2 | | the public or advertising fee comparisons of available | 3 | | services with those of
other persons providing acupuncture | 4 | | services.
| 5 | | (17) Advertising of professional services that the | 6 | | offeror of the
services is not licensed to render. | 7 | | Advertising of professional services that
contains false, | 8 | | fraudulent, deceptive, or misleading material or | 9 | | guarantees of
success,
statements that play upon the vanity | 10 | | or fears of the public, or statements that
promote or | 11 | | produce unfair competition.
| 12 | | (18) Having treated ailments of human beings other than | 13 | | by
the practice of
acupuncture as defined in this Act, or | 14 | | having treated ailments of human beings
as a licensed | 15 | | acupuncturist pursuant to a
referral by written order
that | 16 | | provides for management of the patient by a physician or | 17 | | dentist without having notified the
physician or dentist | 18 | | who established the diagnosis that the patient is
receiving | 19 | | acupuncture treatment.
| 20 | | (19) Unethical, unauthorized, or unprofessional | 21 | | conduct as defined by
rule.
| 22 | | (20) Physical illness, mental illness, or other | 23 | | impairment that results in the inability
to practice the | 24 | | profession with reasonable judgment, skill, and safety, | 25 | | including , without limitation , deterioration through the | 26 | | aging process, mental illness, or disability.
|
| | | SB0898 Engrossed | - 16 - | LRB100 05745 SMS 15768 b |
|
| 1 | | (21) Violation of the Health Care Worker Self-Referral | 2 | | Act.
| 3 | | The entry of an order by a circuit court establishing that | 4 | | any person
holding a license under this Act is subject to | 5 | | involuntary admission or
judicial admission as provided for in | 6 | | the Mental Health and Developmental
Disabilities Code operates | 7 | | as an automatic suspension of that license. That
person may | 8 | | have his or her license restored only upon the determination by | 9 | | a
circuit court that the patient is no longer subject to | 10 | | involuntary admission or
judicial admission and the issuance of | 11 | | an order so finding and discharging the
patient and upon the | 12 | | Board's recommendation to the Department that the license
be | 13 | | restored. Where the circumstances so indicate, the Board may | 14 | | recommend to
the Department that it require an examination | 15 | | prior to restoring a suspended
license.
| 16 | | The Department may refuse to issue or renew the license
of | 17 | | any person
who
fails to (i) file a return or to pay the tax,
| 18 | | penalty or interest shown in a filed return or (ii) pay any | 19 | | final
assessment of the tax, penalty, or interest as required | 20 | | by any tax
Act administered by the Illinois Department of | 21 | | Revenue, until the
time that the requirements of that tax Act | 22 | | are satisfied.
| 23 | | In enforcing this Section, the Department or Board upon a | 24 | | showing of
a
possible
violation may compel an individual | 25 | | licensed to practice under this Act, or
who has applied for | 26 | | licensure under this Act, to submit
to a mental or physical |
| | | SB0898 Engrossed | - 17 - | LRB100 05745 SMS 15768 b |
|
| 1 | | examination, or both, as required by and at the expense
of the | 2 | | Department. The Department or Board may order the examining | 3 | | physician to
present
testimony concerning the mental or | 4 | | physical examination of the licensee or
applicant. No | 5 | | information shall be excluded by reason of any common law or
| 6 | | statutory privilege relating to communications between the | 7 | | licensee or
applicant and the examining physician. The | 8 | | examining
physicians
shall be specifically designated by the | 9 | | Board or Department.
The individual to be examined may have, at | 10 | | his or her own expense, another
physician of his or her choice | 11 | | present during all
aspects of this examination. Failure of an | 12 | | individual to submit to a mental
or
physical examination, when | 13 | | directed, shall be grounds for suspension of his or
her
license | 14 | | until the individual submits to the examination if the | 15 | | Department
finds,
after notice and hearing, that the refusal to | 16 | | submit to the examination was
without reasonable cause.
| 17 | | If the Department or Board finds an individual unable to | 18 | | practice because of
the
reasons
set forth in this Section, the | 19 | | Department or Board may require that individual
to submit
to
| 20 | | care, counseling, or treatment by physicians approved
or | 21 | | designated by the Department or Board , as a condition, term, or | 22 | | restriction
for continued, restored
reinstated , or
renewed | 23 | | licensure to practice; or, in lieu of care, counseling, or | 24 | | treatment,
the Department may file , or
the Board may recommend | 25 | | to the Department to file, a complaint to immediately
suspend, | 26 | | revoke, or otherwise discipline the license of the individual.
|
| | | SB0898 Engrossed | - 18 - | LRB100 05745 SMS 15768 b |
|
| 1 | | An individual whose
license was granted, continued, restored | 2 | | reinstated , renewed, disciplined , or supervised
subject to | 3 | | such terms, conditions, or restrictions, and who fails to | 4 | | comply
with
such terms, conditions, or restrictions, shall be | 5 | | referred to the Secretary for
a
determination as to whether the | 6 | | individual shall have his or her license
suspended immediately, | 7 | | pending a hearing by the Department.
| 8 | | In instances in which the Secretary immediately suspends a | 9 | | person's license
under this Section, a hearing on that person's | 10 | | license must be convened by
the Department within 30 days after | 11 | | the suspension and completed without
appreciable
delay.
The | 12 | | Department and Board shall have the authority to review the | 13 | | subject
individual's record of
treatment and counseling | 14 | | regarding the impairment to the extent permitted by
applicable | 15 | | federal statutes and regulations safeguarding the | 16 | | confidentiality of
medical records.
| 17 | | An individual licensed under this Act and affected under | 18 | | this Section shall
be
afforded an opportunity to demonstrate to | 19 | | the Department or Board that he or
she can resume
practice in | 20 | | compliance with acceptable and prevailing standards under the
| 21 | | provisions of his or her license.
| 22 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 23 | | (225 ILCS 2/120)
| 24 | | (Section scheduled to be repealed on January 1, 2018)
| 25 | | Sec. 120. Checks or orders to Department dishonored because
|
| | | SB0898 Engrossed | - 19 - | LRB100 05745 SMS 15768 b |
|
| 1 | | of insufficient funds. Any person who issues or delivers a | 2 | | check
or other order to the Department that is not honored on 2 | 3 | | occasions
by the financial institution upon which it is drawn | 4 | | because of
insufficient funds on account, the account is | 5 | | closed, or a stop
payment has been placed on the check or order | 6 | | shall pay to the
Department, in addition to the amount owing | 7 | | upon the check or other
order, a fee of $50. If the check or | 8 | | other order was issued or
delivered in payment of a renewal or | 9 | | issuance fee and the person
whose license registration has | 10 | | lapsed continues to practice acupuncture without
paying the | 11 | | renewal or issuance fee and the required $50 fee under
this | 12 | | Section, an additional fee of $100 shall be imposed. The fees
| 13 | | imposed by this Section are in addition to any other | 14 | | disciplinary
provision under this Act prohibiting practice on | 15 | | an expired or
non-renewed license registration. The Department
| 16 | | shall mail a registration renewal form to each registrant 60 | 17 | | days before the
expiration of the registrant's current | 18 | | registration.
The Department shall notify a person whose
| 19 | | registration has lapsed, within 30 days after the discovery of | 20 | | the
lapse, that the individual is engaged in the unauthorized | 21 | | practice
of acupuncture and of the amount due to the Department | 22 | | which shall
include the lapsed renewal fee and all other fees | 23 | | required by this
Section . If after the expiration of 30 days | 24 | | from the date of the
notification a person whose license | 25 | | registration has lapsed seeks a current license
registration , | 26 | | he or she shall thereafter apply to the Department for
|
| | | SB0898 Engrossed | - 20 - | LRB100 05745 SMS 15768 b |
|
| 1 | | restoration of the license registration and pay all fees due to | 2 | | the Department.
The Department may establish a fee for the | 3 | | processing of an
application for restoration of a license | 4 | | registration that allows the Department
to pay all costs and | 5 | | expenses incident to the processing of this
application. The | 6 | | Secretary may waive the fees due under this
Section in | 7 | | individual cases where he or she finds that the fees
would be | 8 | | unreasonably or unnecessarily burdensome.
| 9 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 10 | | (225 ILCS 2/130)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 130. Injunctions; criminal offenses; cease and desist
| 13 | | order.
| 14 | | (a) If any person violates the provisions of this Act, the | 15 | | Secretary may, in the name of the People of the State of | 16 | | Illinois,
through the Attorney General of the State of Illinois | 17 | | or the
State's Attorney for any county in which the action is | 18 | | brought,
petition for an order enjoining the violation or for | 19 | | an order
enforcing compliance with this Act. Upon the filing of | 20 | | a verified
petition in court, the court may issue a temporary | 21 | | restraining
order, without notice or condition, and may | 22 | | preliminarily and
permanently enjoin the violation. If it is | 23 | | established that the
person has violated or is violating the | 24 | | injunction, the court Court may
punish the offender for | 25 | | contempt of court. Proceedings under this
Section shall be in |
| | | SB0898 Engrossed | - 21 - | LRB100 05745 SMS 15768 b |
|
| 1 | | addition to, and not in lieu of, all other
remedies and | 2 | | penalties provided by this Act.
| 3 | | (b) Whenever in the opinion of the Department a person | 4 | | violates a
provision of this Act, the Department may issue a | 5 | | rule to show cause why an
order to cease and desist should not | 6 | | be entered against that person. The rule
shall clearly set | 7 | | forth the grounds relied upon by the Department and shall
allow | 8 | | at least 7 days from the date of the rule to file an answer to | 9 | | the
satisfaction of the Department. Failure to answer to the | 10 | | satisfaction of the
Department shall cause an order to cease | 11 | | and desist to be issued immediately.
| 12 | | (c) Other than as provided in Section 20 of this Act, if | 13 | | any
person practices as an acupuncturist or holds himself or | 14 | | herself
out as a licensed acupuncturist under this Act without | 15 | | being
issued
a valid existing license by the Department, then | 16 | | any
licensed
acupuncturist, any interested party, or any person | 17 | | injured thereby
may, in addition to the Secretary, petition for | 18 | | relief as provided
in subsection (a) of this Section.
| 19 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 20 | | (225 ILCS 2/140)
| 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 140. Investigation; notice; hearing. Licenses may be | 23 | | refused,
revoked, suspended,
or otherwise disciplined in the | 24 | | manner provided by this Act and not otherwise.
The Department | 25 | | may upon its own motion or upon the
complaint
of any person |
| | | SB0898 Engrossed | - 22 - | LRB100 05745 SMS 15768 b |
|
| 1 | | setting forth facts that if proven would constitute
grounds for | 2 | | refusal to issue or renew
or for suspension, revocation, or | 3 | | other disciplinary action
under this Act,
investigate
the
| 4 | | actions of a person applying for, holding, or claiming to hold | 5 | | a license. The
Department shall, before refusing to issue or | 6 | | renew, suspending,
revoking, or taking other disciplinary | 7 | | action regarding a
license or taking other discipline pursuant | 8 | | to Section 110 of this Act, and at
least 30 days prior to the | 9 | | date set for the hearing, notify in writing the
applicant or | 10 | | licensee of any charges made, shall afford
the applicant or | 11 | | licensee an opportunity to be heard in person or by counsel in
| 12 | | reference to the charges, and direct the applicant or licensee | 13 | | to file a
written
answer to the Department under oath within 20 | 14 | | days after the service of the
notice and inform the applicant | 15 | | or licensee that failure to file an answer will
result in | 16 | | default being taken against the applicant or licensee and that | 17 | | the
license may be suspended, revoked, placed on probationary | 18 | | status, or other
disciplinary action may be
taken, including | 19 | | limiting the scope, nature, or extent of practice, as the
| 20 | | Secretary may deem proper. Written notice may be served by : (1) | 21 | | personal delivery
to the applicant or licensee ; or by (2) | 22 | | mailing the notice by registered or certified mail to
his or | 23 | | her address of record last known place of residence or to the | 24 | | place of business last
specified by the applicant or licensee | 25 | | in his or her last notification
to
the Department ; or (3) | 26 | | sending notice via email to the applicant's or licensee's email |
| | | SB0898 Engrossed | - 23 - | LRB100 05745 SMS 15768 b |
|
| 1 | | address of record . If the person fails to file an answer after | 2 | | receiving
notice, his or her license may, in the discretion of | 3 | | the Department, be
suspended, revoked, or placed on | 4 | | probationary status or the Department may take
whatever | 5 | | disciplinary action deemed proper, including limiting the | 6 | | scope,
nature, or extent of the person's practice or the | 7 | | imposition of a fine, without
a hearing, if the act or acts | 8 | | charged constitute sufficient grounds for such
action under | 9 | | this Act. At the time and place fixed in the notice, the
| 10 | | Department shall proceed to hearing of the charges and both the | 11 | | applicant or
licensee
and the complainant shall be afforded | 12 | | ample opportunity to present, in person
or by counsel, any | 13 | | statements, testimony, evidence, and arguments that may be
| 14 | | pertinent to the charges or to their defense. The Department | 15 | | may continue a
hearing from time to time.
If the Board is not | 16 | | sitting at the time and place fixed in the notice or
at the | 17 | | time and place to which the hearing shall have been continued, | 18 | | the
Department may continue the hearing for a period not to | 19 | | exceed 30 days.
| 20 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 21 | | (225 ILCS 2/142 new) | 22 | | Sec. 142. Confidentiality. All information collected by | 23 | | the Department in the course of an examination or investigation | 24 | | of a licensee or applicant, including, but not limited to, any | 25 | | complaint against a licensee filed with the Department and |
| | | SB0898 Engrossed | - 24 - | LRB100 05745 SMS 15768 b |
|
| 1 | | information collected to investigate any such complaint, shall | 2 | | be maintained for the confidential use of the Department and | 3 | | may not be disclosed. The Department may not disclose the | 4 | | information to anyone other than law enforcement officials, | 5 | | other regulatory agencies that have an appropriate regulatory | 6 | | interest as determined by the Secretary of the Department, or a | 7 | | party presenting a lawful subpoena to the Department. | 8 | | Information and documents disclosed to a federal, State, | 9 | | county, or local law enforcement agency may not be disclosed by | 10 | | the agency for any purpose to any other agency or person. A | 11 | | formal complaint filed by the Department against a licensee or | 12 | | applicant is a public record, except as otherwise prohibited by | 13 | | law.
| 14 | | (225 ILCS 2/152)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 152. Certification of record. The Department shall not | 17 | | be required
to certify any a record to the court, file any | 18 | | answer in court, or otherwise
appear in any court in a judicial | 19 | | review proceeding, unless and until the Department has received | 20 | | from the plaintiff payment of the costs of furnishing and | 21 | | certifying the record, which costs shall be determined by the | 22 | | Department. Exhibits shall be certified without cost there is | 23 | | filed in
the court with the complaint a receipt from the | 24 | | Department acknowledging
payment of the costs of furnishing and | 25 | | certifying the record . Failure on the
part of the plaintiff to |
| | | SB0898 Engrossed | - 25 - | LRB100 05745 SMS 15768 b |
|
| 1 | | file a receipt in court shall be grounds for
dismissal of the | 2 | | action.
| 3 | | (Source: P.A. 90-61, eff. 7-3-97 .)
| 4 | | (225 ILCS 2/160)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 160. Findings of facts, conclusions of law, and
| 7 | | recommendations. At the conclusion of the hearing, the Board
| 8 | | shall present to the Secretary a written report of its findings | 9 | | of
fact, conclusions of law, and recommendations. The report | 10 | | shall
contain a finding whether or not the accused person | 11 | | violated this
Act or failed to comply with the conditions | 12 | | required in this Act.
The Board shall specify the nature of the | 13 | | violation or failure
to comply and shall make its | 14 | | recommendations to the Secretary.
| 15 | | The report of findings of fact, conclusions of law, and
| 16 | | recommendations of the Board may be the basis of the
order of
| 17 | | the Department. If the Secretary
disagrees in any regard with | 18 | | the
report of the Board, the Secretary may issue an order in
| 19 | | contravention of the report. The Secretary shall provide notice | 20 | | to the Board
on any deviation and the reasons
for the | 21 | | deviation. The finding is not admissible
in evidence against | 22 | | the person in a criminal prosecution brought
for the violation | 23 | | of this Act, but the hearing and findings are not
a bar to a | 24 | | criminal prosecution brought for the violation of this
Act.
| 25 | | (Source: P.A. 95-450, eff. 8-27-07.)
|
| | | SB0898 Engrossed | - 26 - | LRB100 05745 SMS 15768 b |
|
| 1 | | (225 ILCS 2/170)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 170. Service of report; rehearing; order. In any case
| 4 | | involving the refusal to issue or renew a license or the | 5 | | discipline of a license, a copy of the Board's
hearing | 6 | | officer's report shall be served upon the respondent by the | 7 | | Department,
either personally or as provided in this Act for | 8 | | the service of the
notice of hearing. Within 20 days after the | 9 | | service, the
respondent may present to the Department a motion | 10 | | in writing for a
rehearing that shall specify the particular | 11 | | grounds for rehearing.
If no motion for rehearing is filed, | 12 | | then upon the expiration of
the time specified for filing such | 13 | | a motion, or if a motion for
rehearing is denied, then upon the | 14 | | denial the Secretary may enter an
order in accordance with | 15 | | recommendations of the Board, except as provided in Section 175 | 16 | | of this Act. If the respondent orders from
the reporting | 17 | | service office and pays for a transcript of the record within
| 18 | | the time for filing a motion for rehearing, the 20-day 20 day | 19 | | period
within which the motion may be filed shall commence upon | 20 | | the
delivery of the transcript to the respondent.
| 21 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 22 | | (225 ILCS 2/175)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 175. Substantial justice to be done; rehearing.
|
| | | SB0898 Engrossed | - 27 - | LRB100 05745 SMS 15768 b |
|
| 1 | | Whenever the Secretary is satisfied that substantial justice | 2 | | has not
been done in the revocation, suspension, or refusal to | 3 | | issue, restore, or renew discipline of a license,
or other | 4 | | discipline of an applicant or licensee, the Secretary may order | 5 | | a rehearing by the same or other examiners
another hearing | 6 | | officer .
| 7 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 8 | | (225 ILCS 2/190)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 190. Surrender of license registration . Upon the | 11 | | revocation
or suspension of any license registration , the | 12 | | licensee registrant shall immediately surrender
the license | 13 | | registration certificate to the Department. If the licensee | 14 | | registrant fails to do
so, the
Department shall have the right | 15 | | to seize the license registration certificate.
| 16 | | (Source: P.A. 95-450, eff. 8-27-07.)
| 17 | | (225 ILCS 2/200)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 200. Review under Administrative Review Law. All
final | 20 | | administrative decisions of the Department are subject to
| 21 | | judicial review under the Administrative Review Law and all | 22 | | rules adopted under the Administrative Review Law .
The term
| 23 | | "administrative decision" is defined as in Section 3-101 of the
| 24 | | Code of Civil Procedure.
|
| | | SB0898 Engrossed | - 28 - | LRB100 05745 SMS 15768 b |
|
| 1 | | Proceedings for judicial review shall be commenced in the | 2 | | circuit court of the county in which the party applying for | 3 | | review resides; however, if the party is not a resident of this | 4 | | State, the venue shall be Sangamon County. | 5 | | (Source: P.A. 89-706, eff. 1-31-97 .)
| 6 | | (225 ILCS 2/90 rep.) | 7 | | Section 15. The Acupuncture Practice Act is amended by | 8 | | repealing Section 90.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
| | | | SB0898 Engrossed | - 29 - | LRB100 05745 SMS 15768 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.28 | | | 4 | | 5 ILCS 80/4.38 new | | | 5 | | 225 ILCS 2/10 | | | 6 | | 225 ILCS 2/12 new | | | 7 | | 225 ILCS 2/25 | | | 8 | | 225 ILCS 2/30 | | | 9 | | 225 ILCS 2/35 | | | 10 | | 225 ILCS 2/40 | | | 11 | | 225 ILCS 2/60 | | | 12 | | 225 ILCS 2/70 | | | 13 | | 225 ILCS 2/105 | | | 14 | | 225 ILCS 2/110 | | | 15 | | 225 ILCS 2/120 | | | 16 | | 225 ILCS 2/130 | | | 17 | | 225 ILCS 2/140 | | | 18 | | 225 ILCS 2/142 new | | | 19 | | 225 ILCS 2/152 | | | 20 | | 225 ILCS 2/160 | | | 21 | | 225 ILCS 2/170 | | | 22 | | 225 ILCS 2/175 | | | 23 | | 225 ILCS 2/190 | | | 24 | | 225 ILCS 2/200 | | | 25 | | 225 ILCS 2/90 rep. | |
| |
|