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

HB5031ham001 102ND GENERAL ASSEMBLY

Rep. Theresa Mah

Filed: 2/18/2022

 

 


 

 


 
10200HB5031ham001LRB102 24653 AMQ 36580 a

1
AMENDMENT TO HOUSE BILL 5031

2    AMENDMENT NO. ______. Amend House Bill 5031 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional

 

 

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1Counselor Licensing and Practice Act.
2    The Wholesale Drug Distribution Licensing Act.
3(Source: P.A. 101-621, eff. 12-20-19.)
 
4    (5 ILCS 80/4.38)
5    Sec. 4.38. Acts repealed on January 1, 2028. The following
6Acts are repealed on January 1, 2028:
7    The Acupuncture Practice Act.
8    The Clinical Social Work and Social Work Practice Act.
9    The Home Medical Equipment and Services Provider License
10Act.
11    The Illinois Petroleum Education and Marketing Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Naprapathic Practice Act.
16    The Nurse Practice Act.
17    The Nursing Home Administrators Licensing and Disciplinary
18Act.
19    The Physician Assistant Practice Act of 1987.
20    The Podiatric Medical Practice Act of 1987.
21(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
22100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
238-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
24100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 

 

 

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1    Section 10. The Naprapathic Practice Act is amended by
2changing Sections 10, 15, 17, 57, 110, 125, 145, 150, 155, 165,
3and 190 and by adding Sections 11 and 36 as follows:
 
4    (225 ILCS 63/10)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 10. Definitions. In this Act:
7    "Address of record" means the designated address recorded
8by the Department in the applicant's or licensee's application
9file or license file as maintained by the Department's
10licensure maintenance unit. It is the duty of the applicant or
11licensee to inform the Department of any change of address and
12those changes must be made either through the Department's
13website or by contacting the Department.
14    "Board" means the Board of Naprapathy appointed by the
15Secretary.
16    "Email address of record" means the designated email
17address recorded by the Department in the applicant's
18application file or the licensee's license file, as maintained
19by the Department's licensure maintenance unit.
20    "Naprapath" means a person who practices Naprapathy and
21who has met all requirements as provided in the Act.
22    "Department" means the Department of Financial and
23Professional Regulation.
24    "Secretary" means the Secretary of the Department of
25Financial and Professional Regulation.

 

 

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1    "Referral" means the following of guidance or direction to
2the naprapath given by the licensed physician, dentist, or
3podiatric physician who maintains supervision of the patient.
4    "Documented current and relevant diagnosis" means a
5diagnosis, substantiated by signature or oral verification of
6a licensed physician, dentist, or podiatric physician, that a
7patient's condition is such that it may be treated by
8naprapathy as defined in this Act, which diagnosis shall
9remain in effect until changed by the licensed physician,
10dentist, or podiatric physician.
11(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13.)
 
12    (225 ILCS 63/11 new)
13    Sec. 11. Address of record; email address of record. All
14applicants and licensees shall:
15        (1) provide a valid address and email address to the
16    Department, which shall serve as the address of record and
17    email address of record, respectively, at the time of
18    application for licensure or renewal of a license; and
19        (2) inform the Department of any change of address of
20    record or email address of record within 14 days after
21    such change either through the Department's website or by
22    contacting the Department's licensure maintenance unit.
 
23    (225 ILCS 63/15)
24    (Section scheduled to be repealed on January 1, 2023)

 

 

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1    Sec. 15. Practice of naprapathy defined; referrals.
2Naprapathic practice means the identification, evaluation, and
3treatment evaluation of persons with connective tissue
4disorders through the use of naprapathic case history and
5palpation or treatment of persons by the use of connective
6tissue manipulation, therapeutic and rehabilitative exercise,
7postural counseling, nutritional counseling, and the use of
8the effective properties of physical measures of heat, cold,
9light, water, radiant energy, electricity, sound and air, and
10assistive devices for the purpose of preventing, correcting,
11or alleviating a physical disability.
12    Naprapathic practice includes, but is not limited to, the
13treatment of contractures, muscle spasms, inflammation, scar
14tissue formation, adhesions, lesions, laxity, hypotonicity,
15rigidity, structural imbalance, bruising, contusions, muscular
16atrophy, and partial separation of connective tissue fibers.
17    Naprapathic practice also includes: (a) performance of
18specialized tests and measurements, (b) administration of
19specialized treatment procedures, (c) interpretation of
20referrals from licensed physicians, dentists, and podiatric
21physicians, (d) establishment and modification of naprapathic
22treatment programs, and (e) supervision or teaching of
23naprapathy.
24    Naprapathic practice does not include radiology, surgery,
25pharmacology, or invasive diagnostic testing, or determination
26of a differential diagnosis; provided, however, the limitation

 

 

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1on determining a differential diagnosis shall not in any
2manner limit a naprapath licensed under this Act from
3performing an evaluation authorized under this Act. A
4naprapath licensed under this Act who is not also licensed as a
5physical therapist under the Illinois Physical Therapy Act
6shall not hold himself or herself out as qualified to provide
7physical therapy or physiotherapy services. Nothing in this
8Section shall limit a naprapath from employing appropriate
9naprapathic techniques that he or she is educated and licensed
10to perform. A naprapath shall refer to a licensed physician,
11dentist, or podiatric physician any patient whose medical
12condition should, at the time of evaluation or treatment, be
13determined to be beyond the scope of practice of the
14naprapath. A naprapath shall order additional screening if the
15patient does not demonstrate measurable or functional
16improvement after 6 visits and continued improvement
17thereafter. A naprapath shall refer a patient to the patient's
18treating health care professional of record or, in the case
19where there is no health care professional of record, to a
20health care professional of the patient's choice, if the
21patient's condition, at the time of evaluation or services, is
22determined to be beyond the scope of practice of the
23naprapath.
24(Source: P.A. 98-214, eff. 8-9-13.)
 
25    (225 ILCS 63/17)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 17. Educational and professional qualifications for
3licensure. A person may be qualified to receive a license as a
4naprapath if he or she:
5        (1) is at least 21 18 years of age and of good moral
6    character;
7        (2) for licenses granted on or before December 31,
8    2027, has graduated from a 2-year 2 year college level
9    program or its equivalent approved by the Department;
10        (2.5) for licenses granted on or after January 1,
11    2028, has graduated from a 4-year college level program or
12    its equivalent approved by the Department;
13        (3) has graduated from a curriculum in naprapathy
14    approved by the Department. In approving a curriculum in
15    naprapathy, the Department shall consider, but not be
16    bound by, a curriculum approved by the American
17    Naprapathic Association, the Illinois Naprapathic
18    Association, or a national or regional accrediting body
19    recognized by the United States Department of Education;
20        (4) has passed an examination approved by the
21    Department to determine a person's fitness to practice as
22    a naprapath; and
23        (5) has met all other requirements of the Act.
24    The Department has the right and may request a personal
25interview with an applicant to further evaluate a person's
26qualifications for a license.

 

 

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1(Source: P.A. 97-778, eff. 7-13-12.)
 
2    (225 ILCS 63/36 new)
3    Sec. 36. Board of Naprapathy. The Secretary shall appoint
4a Board of Naprapathy to consist of 7 persons who shall serve
5in an advisory capacity to the Secretary. Four members must
6hold an active license to engage in the practice of
7naprapathy, one member shall be a physician licensed under the
8Medical Practice Act of 1987, one member shall be an
9acupuncturist licensed under the Acupuncture Practice Act, and
10one member of the public.
11    Members shall serve 4-year terms and until their
12successors are appointed and qualified. No member may be
13appointed to more than 2 consecutive full terms. Appointments
14to fill vacancies shall be made in the same manner as original
15appointments for the unexpired portion of the vacated term.
16Initial terms shall begin upon the effective date of this
17amendatory Act of the 102nd General Assembly.
18    The Board may annually elect a chairperson and a
19vice-chairperson who shall preside in the absence of the
20chairperson. The membership of the Board shall reasonably
21reflect the demographic diversity of the State as well as
22representation from the geographic areas in this State. The
23Secretary may terminate the appointment of any member for
24cause. The Secretary may give due consideration to all
25recommendations of the Board. A majority of the Board members

 

 

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1currently appointed shall constitute a quorum. A vacancy in
2the membership of the Board shall not impair the right of a
3quorum to exercise the right and perform all duties of the
4Board. Members of the Board shall have no liability in any
5action based upon any disciplinary proceeding or other
6activity performed in good faith as a member of the Board.
 
7    (225 ILCS 63/57)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 57. Social Security Number on license application. In
10addition to any other information required to be contained in
11the application, every application for an original, renewal,
12reinstated, or restored license under this Act shall include
13the applicant's Social Security Number, which shall be
14retained in the agency's records pertaining to the license. As
15soon as practical, the Department shall assign a customer's
16identification number to each applicant for a license.
17    Every application for a renewal or restored license shall
18require the applicant's customer identification number.
19(Source: P.A. 97-400, eff. 1-1-12; 97-778, eff. 7-13-12.)
 
20    (225 ILCS 63/110)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 110. Grounds for disciplinary action; refusal,
23revocation, suspension.
24    (a) The Department may refuse to issue or to renew, or may

 

 

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1revoke, suspend, place on probation, reprimand or take other
2disciplinary or non-disciplinary action as the Department may
3deem appropriate, including imposing fines not to exceed
4$10,000 for each violation, with regard to any licensee or
5license for any one or combination of the following causes:
6        (1) Violations of this Act or of rules adopted under
7    this Act.
8        (2) Making a material misstatement in furnishing
9    information to the Department or otherwise making
10    misleading, deceptive, untrue, or fraudulent
11    representations in violation of this Act or otherwise in
12    the practice of the profession Material misstatement in
13    furnishing information to the Department.
14        (3) Conviction by plea of guilty or nolo contendere,
15    finding of guilt, jury verdict, or entry of judgment, or
16    by sentencing of any crime, including, but not limited to,
17    convictions, preceding sentences of supervision,
18    conditional discharge, or first offender probation, under
19    the laws of any jurisdiction of the United States: (i)
20    that is a felony or (ii) that is a misdemeanor, an
21    essential element of which is dishonesty, or that is
22    directly related to the practice of the profession.
23        (4) Fraud or any misrepresentation in applying for or
24    procuring a license under this Act or in connection with
25    applying for renewal of a license under this Act.
26        (5) Professional incompetence or gross negligence.

 

 

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1        (6) Malpractice.
2        (7) Aiding or assisting another person in violating
3    any provision of this Act or its rules.
4        (8) Failing to provide information within 60 days in
5    response to a written request made by the Department.
6        (9) Engaging in dishonorable, unethical, or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public.
9        (10) Habitual or excessive use or abuse of drugs
10    defined in law as controlled substances, alcohol, or any
11    other substance which results in the inability to practice
12    with reasonable judgment, skill, or safety.
13        (11) Discipline by another U.S. jurisdiction or
14    foreign nation if at least one of the grounds for the
15    discipline is the same or substantially equivalent to
16    those set forth in this Act.
17        (12) Directly or indirectly giving to or receiving
18    from any person, firm, corporation, partnership, or
19    association any fee, commission, rebate, or other form of
20    compensation for any professional services not actually or
21    personally rendered. This shall not be deemed to include
22    rent or other remunerations paid to an individual,
23    partnership, or corporation by a naprapath for the lease,
24    rental, or use of space, owned or controlled by the
25    individual, partnership, corporation, or association.
26    Nothing in this paragraph (12) affects any bona fide

 

 

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1    independent contractor or employment arrangements among
2    health care professionals, health facilities, health care
3    providers, or other entities, except as otherwise
4    prohibited by law. Any employment arrangements may include
5    provisions for compensation, health insurance, pension, or
6    other employment benefits for the provision of services
7    within the scope of the licensee's practice under this
8    Act. Nothing in this paragraph (12) shall be construed to
9    require an employment arrangement to receive professional
10    fees for services rendered.
11        (13) Using the title "Doctor" or its abbreviation
12    without further clarifying that title or abbreviation with
13    the word "naprapath" or "naprapathy" or the designation
14    "D.N.".
15        (14) A finding by the Department that the licensee,
16    after having his or her license placed on probationary
17    status, has violated the terms of probation.
18        (15) Abandonment of a patient without cause.
19        (16) Willfully making or filing false records or
20    reports relating to a licensee's practice, including but
21    not limited to, false records filed with State agencies or
22    departments.
23        (17) Willfully failing to report an instance of
24    suspected child abuse or neglect as required by the Abused
25    and Neglected Child Reporting Act.
26        (18) Physical or mental illness or disability,

 

 

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1    including, but not limited to, deterioration through the
2    aging process or loss of motor skill that results in the
3    inability to practice the profession with reasonable
4    judgment, skill, or safety.
5        (19) Solicitation of professional services by means
6    other than permitted advertising.
7        (20) Failure to provide a patient with a copy of his or
8    her record upon the written request of the patient.
9        (21) Cheating on or attempting to subvert the
10    licensing examination administered under this Act.
11        (22) Allowing one's license under this Act to be used
12    by an unlicensed person in violation of this Act.
13        (23) (Blank).
14        (24) Being named as a perpetrator in an indicated
15    report by the Department of Children and Family Services
16    under the Abused and Neglected Child Reporting Act and
17    upon proof by clear and convincing evidence that the
18    licensee has caused a child to be an abused child or a
19    neglected child as defined in the Abused and Neglected
20    Child Reporting Act.
21        (25) Practicing under a false or, except as provided
22    by law, an assumed name.
23        (26) Immoral conduct in the commission of any act,
24    such as sexual abuse, sexual misconduct, or sexual
25    exploitation, related to the licensee's practice.
26        (27) Maintaining a professional relationship with any

 

 

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1    person, firm, or corporation when the naprapath knows, or
2    should know, that the person, firm, or corporation is
3    violating this Act.
4        (28) Promotion of the sale of food supplements,
5    devices, appliances, or goods provided for a client or
6    patient in such manner as to exploit the patient or client
7    for financial gain of the licensee.
8        (29) Having treated ailments of human beings other
9    than by the practice of naprapathy as defined in this Act
10    unless authorized to do so by State law. , or having
11    treated ailments of human beings as a licensed naprapath
12    independent of a documented referral or documented current
13    and relevant diagnosis from a physician, dentist, or
14    podiatric physician, or having failed to notify the
15    physician, dentist, or podiatric physician who established
16    a documented current and relevant diagnosis that the
17    patient is receiving naprapathic treatment pursuant to
18    that diagnosis.
19        (30) Use by a registered naprapath of the word
20    "infirmary", "hospital", "school", "university", in
21    English or any other language, in connection with the
22    place where naprapathy may be practiced or demonstrated.
23        (31) Continuance of a naprapath in the employ of any
24    person, firm, or corporation, or as an assistant to any
25    naprapath or naprapaths, directly or indirectly, after his
26    or her employer or superior has been found guilty of

 

 

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1    violating or has been enjoined from violating the laws of
2    the State of Illinois relating to the practice of
3    naprapathy when the employer or superior persists in that
4    violation.
5        (32) The performance of naprapathic service in
6    conjunction with a scheme or plan with another person,
7    firm, or corporation known to be advertising in a manner
8    contrary to this Act or otherwise violating the laws of
9    the State of Illinois concerning the practice of
10    naprapathy.
11        (33) Failure to provide satisfactory proof of having
12    participated in approved continuing education programs as
13    determined by and approved by the Secretary. Exceptions
14    for extreme hardships are to be defined by the rules of the
15    Department.
16        (34) (Blank).
17        (35) Gross or willful overcharging for professional
18    services.
19        (36) (Blank).
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the
22fine, unless an alternate payment schedule has been agreed
23upon in writing.
24    (b) A person not licensed under this Act and engaged in the
25business of offering naprapathy services through others, shall
26not aid, abet, assist, procure, advise, employ, or contract

 

 

10200HB5031ham001- 16 -LRB102 24653 AMQ 36580 a

1with any unlicensed person to practice naprapathy contrary to
2any rules or provisions of this Act. A person violating this
3subsection (b) shall be treated as a licensee for the purposes
4of disciplinary action under this Section and shall be subject
5to cease and desist orders as provided in Section 90 of this
6Act. The Department may refuse to issue or may suspend without
7hearing, as provided for in the Department of Professional
8Regulation Law of the Civil Administrative Code, the license
9of any person who fails to file a return, or pay the tax,
10penalty, or interest shown in a filed return, or pay any final
11assessment of the tax, penalty, or interest as required by any
12tax Act administered by the Illinois Department of Revenue,
13until such time as the requirements of any such tax Act are
14satisfied in accordance with subsection (g) of Section 2105-15
15of the Department of Professional Regulation Law of the Civil
16Administrative Code of Illinois.
17    (b-5) The Department may refuse to issue or may suspend
18the license of any person who fails to file a tax return, to
19pay the tax, penalty, or interest shown in a filed tax return,
20or to pay any final assessment of tax, penalty, or interest, as
21required by any tax Act administered by the Department of
22Revenue, until the requirements of the tax Act are satisfied
23in accordance with subsection (g) of Section 2105-15 of the
24Civil Administrative Code of Illinois.
25    (c) (Blank).
26    (d) In cases where the Department of Healthcare and Family

 

 

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1Services has previously determined a licensee or a potential
2licensee is more than 30 days delinquent in the payment of
3child support and has subsequently certified the delinquency
4to the Department, the Department may refuse to issue or renew
5or may revoke or suspend that person's license or may take
6other disciplinary action against that person based solely
7upon the certification of delinquency made by the Department
8of Healthcare and Family Services in accordance with item (5)
9of subsection (a) of Section 2105-15 of the Department of
10Professional Regulation Law of the Civil Administrative Code
11of Illinois.
12    (e) The determination by a circuit court that a licensee
13is subject to involuntary admission or judicial admission, as
14provided in the Mental Health and Developmental Disabilities
15Code, operates as an automatic suspension. The suspension
16shall end only upon a finding by a court that the patient is no
17longer subject to involuntary admission or judicial admission
18and the issuance of an order so finding and discharging the
19patient and upon the Board's recommendation to the Department
20that the license be restored. Where the circumstances so
21indicate, the Board may recommend to the Department that it
22require an examination prior to restoring a suspended license.
23    (f) In enforcing this Act, the Department, upon a showing
24of a possible violation, may compel an individual licensed to
25practice under this Act, or who has applied for licensure
26under this Act, to submit to a mental or physical examination,

 

 

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1or both, as required by and at the expense of the Department.
2The Department or Board may order the examining physician to
3present testimony concerning the mental or physical
4examination of the licensee or applicant. No information shall
5be excluded by reason of any common law or statutory privilege
6relating to communications between the licensee or applicant
7and the examining physician. The examining physicians shall be
8specifically designated by the Board or Department. The
9individual to be examined may have, at his or her own expense,
10another physician of his or her choice present during all
11aspects of this examination. The examination shall be
12performed by a physician under the Medical Practice Act of
131987. Failure of an individual to submit to a mental or
14physical examination, when directed, shall result in an
15automatic suspension without hearing. and evaluation, or both,
16which may include a substance abuse or sexual offender
17evaluation, as required by and at the expense of the
18Department. The Department shall specifically designate the
19examining physician licensed to practice medicine in all of
20its branches or, if applicable, the multidisciplinary team
21involved in providing the mental or physical examination and
22evaluation, or both. The multidisciplinary team shall be led
23by a physician licensed to practice medicine in all of its
24branches and may consist of one or more or a combination of
25physicians licensed to practice medicine in all of its
26branches, licensed chiropractic physicians, licensed clinical

 

 

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1psychologists, licensed clinical social workers, licensed
2clinical professional counselors, and other professional and
3administrative staff. Any examining physician or member of the
4multidisciplinary team may require any person ordered to
5submit to an examination and evaluation pursuant to this
6Section to submit to any additional supplemental testing
7deemed necessary to complete any examination or evaluation
8process, including, but not limited to, blood testing,
9urinalysis, psychological testing, or neuropsychological
10testing.
11    The Department may order the examining physician or any
12member of the multidisciplinary team to provide to the
13Department any and all records including business records that
14relate to the examination and evaluation, including any
15supplemental testing performed. The Department may order the
16examining physician or any member of the multidisciplinary
17team to present testimony concerning the examination and
18evaluation of the licensee or applicant, including testimony
19concerning any supplemental testing or documents in any way
20related to the examination and evaluation. No information,
21report, record, or other documents in any way related to the
22examination and evaluation shall be excluded by reason of any
23common law or statutory privilege relating to communications
24between the licensee or applicant and the examining physician
25or any member of the multidisciplinary team. No authorization
26is necessary from the licensee or applicant ordered to undergo

 

 

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1an evaluation and examination for the examining physician or
2any member of the multidisciplinary team to provide
3information, reports, records, or other documents or to
4provide any testimony regarding the examination and
5evaluation. The individual to be examined may have, at his or
6her own expense, another physician of his or her choice
7present during all aspects of this examination. Failure of an
8individual to submit to a mental or physical examination and
9evaluation, or both, when directed, shall result in an
10automatic suspension without hearing, until such time as the
11individual submits to the examination.
12    A person holding a license under this Act or who has
13applied for a license under this Act who, because of a physical
14or mental illness or disability, including, but not limited
15to, deterioration through the aging process or loss of motor
16skill, is unable to practice the profession with reasonable
17judgment, skill, or safety, may be required by the Department
18to submit to care, counseling, or treatment by physicians
19approved or designated by the Department as a condition, term,
20or restriction for continued, reinstated, or renewed licensure
21to practice. Submission to care, counseling, or treatment as
22required by the Department shall not be considered discipline
23of a license. If the licensee refuses to enter into a care,
24counseling, or treatment agreement or fails to abide by the
25terms of the agreement, the Department may file a complaint to
26revoke, suspend, or otherwise discipline the license of the

 

 

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1individual. The Secretary may order the license suspended
2immediately, pending a hearing by the Department. Fines shall
3not be assessed in disciplinary actions involving physical or
4mental illness or impairment.
5    In instances in which the Secretary immediately suspends a
6person's license under this Section, a hearing on that
7person's license must be convened by the Department within 15
8days after the suspension and completed without appreciable
9delay. The Department and the Board shall have the authority
10to review the subject individual's record of treatment and
11counseling regarding the impairment to the extent permitted by
12applicable federal statutes and regulations safeguarding the
13confidentiality of medical records.
14    An individual licensed under this Act and affected under
15this Section shall be afforded an opportunity to demonstrate
16to the Department that he or she can resume practice in
17compliance with acceptable and prevailing standards under the
18provisions of his or her license.
19(Source: P.A. 100-872, eff. 8-14-18.)
 
20    (225 ILCS 63/125)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 125. Investigation; notice; hearing. The Department
23may investigate the actions of any applicant or of any person
24or persons holding or claiming to hold a license. Before
25refusing to issue, refusing to renew, or taking any

 

 

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1disciplinary action under Section 110 regarding a license, the
2Department shall, at least 30 days prior to the date set for
3the hearing, notify in writing the applicant for, or holder
4of, a license of the nature of any charges and that a hearing
5will be held on a date designated. The Department shall direct
6the applicant or licensee to file a written answer with the
7Department under oath within 20 days after the service of the
8notice and inform the applicant or licensee that failure to
9file an answer shall result in default being taken against the
10applicant or licensee. At the time and place fixed in the
11notice, the Department shall proceed to hear the charges and
12the parties or their counsel shall be accorded ample
13opportunity to present any pertinent statements, testimony,
14evidence, and arguments. The Department may continue the
15hearing from time to time. If the person, after receiving the
16notice, fails to file an answer, his or her license may, in the
17discretion of the Department, be revoked, suspended, or placed
18on probationary status or the Department may take whatever
19disciplinary action considered proper, including limiting the
20scope, nature, or extent of the person's practice under the
21Act. If the Board is not sitting at the time and place fixed in
22the notice or at the time and place to which the hearing shall
23have been continued, the Department may continue the hearing
24for a period not to exceed 30 days. The written notice in the
25subsequent proceeding may be served by U.S. registered or
26certified mail or email to the licensee's address or email

 

 

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1address of record.
2(Source: P.A. 97-778, eff. 7-13-12.)
 
3    (225 ILCS 63/145)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 145. Findings of facts, conclusions of law, and
6recommendations. At the conclusion of the hearing the Board
7hearing officer shall present to the Secretary a written
8report of its findings of fact, conclusions of law, and
9recommendations. The report shall contain a finding whether or
10not the accused person violated this Act or failed to comply
11with the conditions required in this Act. The Board hearing
12officer shall specify the nature of the violation or failure
13to comply and shall make its recommendations to the Secretary.
14    The report of findings of fact, conclusions of law, and
15recommendations of the Board hearing officer shall be the
16basis for the Department's order refusing to issue, restore,
17or renew a license, or otherwise disciplining a licensee. If
18the Secretary disagrees in any regard with the report of the
19Board hearing officer, the Secretary may issue an order in
20contravention of the Board hearing officer's recommendations.
21The finding is not admissible in evidence against the person
22in a criminal prosecution brought for the violation of this
23Act, but the hearing and findings are not a bar to a criminal
24prosecution brought for the violation of this Act.
25    If the Secretary fails to issue a final order within 30

 

 

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1days after the receipt of the hearing officer's findings of
2fact, conclusions of law, and recommendations, then the
3hearing officer's findings of fact, conclusions of law, and
4recommendations shall become a final order of the Department
5without further review.
6(Source: P.A. 97-778, eff. 7-13-12.)
 
7    (225 ILCS 63/150)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 150. Hearing officer. The Secretary shall have the
10authority to appoint any attorney duly licensed to practice
11law in the State of Illinois to serve as the hearing officer in
12any action for Departmental refusal to issue, renew, or
13license an applicant, or disciplinary action against a
14licensee. The hearing officer shall have full authority to
15conduct the hearing. The hearing officer shall report his or
16her findings of fact, conclusions of law, and recommendations
17to the Board and the Secretary. The Board shall review the
18report of the hearing officer and present its findings of
19fact, conclusions of law, and recommendations to the
20Secretary. If the Secretary disagrees with the recommendation
21of the hearing officer, he or she may issue an order in
22contravention of that recommendation.
23(Source: P.A. 97-778, eff. 7-13-12.)
 
24    (225 ILCS 63/155)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 155. Service of report; rehearing; order. In any case
3involving the refusal to issue or renew or the discipline of a
4license, a copy of the Board's hearing officer's report shall
5be served upon the respondent by the Department, either
6personally or as provided in this Act for the service of the
7notice of hearing. Within 20 days after the service, the
8respondent may present to the Department a motion in writing
9for a rehearing that shall specify the particular grounds for
10rehearing. If no motion for rehearing is filed, then upon the
11expiration of the time specified for filing a motion, or if a
12motion for rehearing is denied, then upon the denial the
13Secretary may enter an order in accordance with this Act. If
14the respondent orders from the reporting service and pays for
15a transcript of the record within the time for filing a motion
16for rehearing, the 20 calendar day period within which the
17motion may be filed shall commence upon the delivery of the
18transcript to the respondent.
19(Source: P.A. 97-778, eff. 7-13-12.)
 
20    (225 ILCS 63/165)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 165. Order or certified copy as prima facie proof. An
23order or a certified copy thereof, over the seal of the
24Department and purporting to be signed by the Secretary, shall
25be prima facie proof:

 

 

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1        (a) that the signature is the genuine signature of the
2    Secretary; and
3        (b) that such Secretary is duly appointed and
4    qualified; and .
5        (c) that the Board and its members are qualified to
6    act.
7(Source: P.A. 97-778, eff. 7-13-12.)
 
8    (225 ILCS 63/190)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 190. The Department shall not be required to certify
11any record to the Court or file any answer in court or
12otherwise appear in any court in a judicial review proceeding,
13unless and until the Department receives from the plaintiff
14payment of the costs of furnishing and certifying the record,
15which costs shall be determined by the Department. Exhibits
16shall be certified without cost. Failure on the part of the
17plaintiff to file a receipt in court is grounds for dismissal
18of the action.
19(Source: P.A. 97-778, eff. 7-13-12.)
 
20    (225 ILCS 63/95 rep.)
21    Section 15. The Naprapathic Practice Act is amended by
22repealing Section 95.
 
23    Section 99. Effective date. This Section and Section 5

 

 

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1take effect upon becoming law.".