(225 ILCS 30/10)
(from Ch. 111, par. 8401-10)
(Section scheduled to be repealed on January 1, 2023)
As used in this Act:
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department.
"Board" means the Dietitian Nutritionist Practice Board
appointed by the Secretary.
"Certified clinical nutritionist" means an individual certified by the Clinical Nutrition Certification Board.
"Certified nutrition specialist" means an individual certified by the Certification Board for Nutrition Specialists.
"Department" means the Department of Financial and Professional Regulation.
"Dietetics and nutrition services" means the integration and application of principles derived from the sciences of food and nutrition to provide for all aspects of nutrition care for individuals and groups, including, but not limited to:
(1) nutrition counseling; "nutrition counseling"
means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment;
(2) nutrition assessment; "nutrition assessment"
means the evaluation of the nutrition needs of individuals or groups using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations;
(3) medically prescribed diet; "medically prescribed
diet" is one form of medical nutrition therapy and means a diet prescribed when specific food or nutrient levels need to be monitored, altered, or both as a component of a treatment program for an individual whose health status is impaired or at risk due to disease, injury, or surgery and may only be performed as initiated by or in consultation with a physician licensed under the Medical Practice Act of 1987 acting within the scope of his or her practice, except that a medically prescribed diet for a resident of a nursing home shall only be performed as initiated by or in consultation with a physician licensed to practice medicine in all of its branches;
(4) medical nutrition therapy; "medical nutrition
therapy" means the component of nutrition care that deals with the systematic use of food and oral supplementation, based on the nutrition assessment and individual health status and need to manage health conditions;
(5) nutrition services for individuals and groups;
"nutrition services for individuals and groups" includes, but is not limited to, all of the following:
(A) providing nutrition assessments relative to
preventive maintenance or restorative care;
(B) providing nutrition education and nutrition
counseling as components of preventive maintenance or restorative care; and
(C) developing and managing systems whose chief
function is nutrition care; nutrition services for individuals and groups does not include medical nutrition therapy as defined in this Act; and
(6) restorative; "restorative" means the component of
nutrition care that deals with oral dietary needs for individuals and groups; activities shall relate to the metabolism of food and the requirements for nutrients, including dietary supplements for growth, development, maintenance, or attainment of optimal health.
"Diplomate of the American Clinical Board of Nutrition" means an individual certified by the American Clinical Board of Nutrition.
"Licensed dietitian nutritionist" means a person licensed under this Act to
practice dietetics and nutrition services, as defined in this Section.
Activities of a licensed dietitian nutritionist do not include the medical
differential diagnosis of the health status of an individual.
"Practice experience" means a preprofessional, documented, supervised
practice in dietetics or nutrition services that is acceptable to the
Department in compliance with requirements for licensure, as specified in Section
45. It may be or may include a documented, supervised
practice experience which is a component of the educational requirements
for licensure, as specified in Section 45.
"Registered dietitian" means an individual registered with the Commission
on Dietetic Registration, the accrediting body of the Academy of Nutrition and Dietetics, formerly known as the American
"Secretary" means the Secretary of Financial and Professional Regulation.
"Telepractice" means the delivery of services under this Act by means other than in-person, including, but not limited to, telephone, email, Internet, or other methods of electronic communication. Telepractice is not prohibited under this Act provided that the provision of telepractice services is appropriate for the client and the level of care provided meets the required level of care for that client. Individuals providing services regulated by this Act via telepractice shall comply with and are subject to all licensing and disciplinary provisions of this Act.
(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13.)
(225 ILCS 30/20)
(from Ch. 111, par. 8401-20)
(Section scheduled to be repealed on January 1, 2023)
This Act does not prohibit or restrict:
(a) Any person licensed in this State under any other Act from engaging
in the practice for which he or she is licensed.
(b) The practice of dietetics and nutrition services by a person who is
the United States or State government or any of its bureaus, divisions, or
while in the discharge of the employee's official duties.
(c) The practice of dietetics and nutrition services by a person employed as a
cooperative extension home economist, to the extent the activities are part
of his or her employment.
(d) The practice of dietetics and nutrition services by a person pursuing
a course of study leading to a degree in dietetics, nutrition, or an equivalent
major from a regionally accredited school or
program, if the activities and services constitute a part of a supervised
course of study and if the person is designated by a title that clearly
indicates the person's status as a student or trainee.
(e) The practice of dietetics and nutrition services by a person fulfilling
the supervised practice experience component of Section 45, if the
activities and services constitute a part of the experience necessary to meet
the requirements of Section 45.
(f) A person, including a licensed acupuncturist, from:
(1) providing oral nutrition information as an
operator or employee of a health food store or business that sells health products, including dietary supplements, food, or food materials; or
(2) disseminating written nutrition information in
connection with the marketing and distribution of those products, or discussing the use of those products, both individually and as components of nutritional programs, including explanations of their federally regulated label claims, any known drug-nutrient interactions, their role in various diets, or suggestions as how to best use and combine them.
(g) The practice of dietetics and nutrition services by an educator who is in the
employ of a nonprofit organization; a federal,
state, county, or municipal agency, or other political subdivision; an
elementary or secondary school; or a regionally accredited institution of
higher education, as long as the activities and services of the educator are
part of his or her employment.
(h) The practice of dietetics and nutrition services by any person who provides weight
control services, provided the nutrition program has been reviewed by,
consultation is available from, and no program change can be initiated
without prior approval by an individual licensed under this Act,
an individual licensed to
practice dietetics or nutrition services
in another state that has
licensure requirements considered by the Department to be at least as stringent
as the requirements for licensure under this Act, or a registered dietitian.
(i) The practice of dietetics and nutrition services by any person with a
masters or doctorate degree with a major in nutrition or equivalent from a
regionally accredited school recognized by the Department for the purpose of
education and research.
(j) A person from providing general nutrition information or encouragement of general healthy eating choices that does not include the development of a customized nutrition regimen for a particular client or individual, or from providing encouragement for compliance with a customized nutrition plan prepared by a licensed dietitian nutritionist or any other licensed professional whose scope of practice includes nutrition assessment and counseling.
(k) The practice of dietetics and nutrition services by a graduate of a 2 year
associate program or a 4 year baccalaureate program from a school or
program accredited at the time of graduation by the appropriate
accrediting agency recognized by the Council on Higher Education Accreditation
and the United States Department of Education with a major in human
nutrition, food and nutrition or its equivalent, as authorized by the
Department, who is directly supervised by an individual licensed under this
(l) Providing nutrition information as an employee of a nursing
facility operated exclusively by and for those relying upon spiritual means
through prayer alone for healing in accordance with the tenets and
practices of a recognized church or religious denomination.
(m) A dietary technical support person working in a hospital setting or a regulated Department of Public Health or Department on Aging facility or program who has been trained and is supervised while engaged in the practice of dietetics by a licensed dietitian nutritionist in accordance with this Act and whose services are retained by that facility or program on a full-time or regular, ongoing consultant basis.
The provisions of this Act shall not be construed to prohibit
or limit any person from the free dissemination of information, from
conducting a class or seminar, or from giving a speech related to nutrition
if that person does not hold himself or herself out as a licensed dietitian nutritionist
in a manner prohibited by Section 15.
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/45)
(from Ch. 111, par. 8401-45)
(Section scheduled to be repealed on January 1, 2023)
Dietitian nutritionist; qualifications.
A person shall be
licensure as a dietitian nutritionist if that person meets all of the
(a) Has applied in writing in form and substance acceptable to the
Department and possesses a baccalaureate degree or post baccalaureate
degree in human nutrition, foods and nutrition, dietetics, food systems
management, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, nutrition and integrative health, or an equivalent major course of study as
recommended by the Board and approved by the Department from a school or
program accredited at the time of graduation from the appropriate regional
agency recognized by the Council on Higher Education
Accreditation and the United
States Department of Education.
(b) Has successfully completed an examination authorized by the
Department which may be or may include examinations given by each of the American Clinical Board of Nutrition, the Certification Board of Nutrition Specialists, the Clinical Nutrition Certification Board, and the
Commission on Dietetic Registration, or another examination approved by the Department.
The Department shall establish by rule a waiver of the examination
requirement to applicants who, at the time of application, are acknowledged
to be certified clinical nutritionists by the Clinical Nutrition Certification Board, certified nutrition specialists by the Certification Board of Nutrition Specialists, diplomates of the American Clinical Board of Nutrition, or registered dietitians by the Commission on Dietetic Registration and
who are in compliance with other qualifications as included in the Act.
(c) Has completed a dietetic internship or documented, supervised practice
experience in dietetics and nutrition services of not less than 900 hours
under the supervision of a
certified clinical nutritionist, certified nutrition specialist, diplomate of the American Clinical Board of Nutrition, registered dietitian or a licensed dietitian nutritionist, a State licensed
practitioner, or an individual with a doctoral degree conferred by a U.S.
regionally accredited college or university with a major course of study in
human nutrition, nutrition education, food and nutrition, dietetics, food
systems management, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, or nutrition and integrative health. Supervised practice experience must be completed in the
United States or its territories. Supervisors who obtained their doctoral
degree outside the United States and its territories must have their degrees
validated as equivalent to the doctoral degree conferred by a U.S. regionally
accredited college or university.
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/95)
(from Ch. 111, par. 8401-95)
(Section scheduled to be repealed on January 1, 2023)
Grounds for discipline.
(1) The Department may refuse to issue or
renew, or may revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to
exceed $10,000 for each violation, with regard to any license or certificate for
any one or combination of the following causes:
(a) Material misstatement in furnishing information
(b) Violations of this Act or of rules adopted under
(c) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States (i) that is a felony or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.
(d) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with applying for renewal of a license under this Act.
(e) Professional incompetence or gross negligence.
(g) Aiding or assisting another person in violating
any provision of this Act or its rules.
(h) Failing to provide information within 60 days in
response to a written request made by the Department.
(i) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(j) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.
(k) Discipline by another state, the District of
Columbia, territory, country, or governmental agency if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
(l) Charging for professional services not rendered,
including filing false statements for the collection of fees for which services are not rendered. Nothing in this paragraph (1) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (1) shall be construed to require an employment arrangement to receive professional fees for services rendered.
(m) A finding by the Department that the licensee,
after having his or her license placed on probationary status, has violated the terms of probation.
(n) Willfully making or filing false records or
reports in his or her practice, including, but not limited to, false records filed with State agencies or departments.
(o) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(p) Practicing under a false or, except as provided
(q) Gross and willful overcharging for professional
(s) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(t) Cheating on or attempting to subvert a licensing
examination administered under this Act.
(u) Mental illness or disability that results in the
inability to practice under this Act with reasonable judgment, skill, or safety.
(v) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor skill that results in a licensee's inability to practice under this Act with reasonable judgment, skill, or safety.
(w) Advising an individual to discontinue, reduce,
increase, or otherwise alter the intake of a drug prescribed by a physician licensed to practice medicine in all its branches or by a prescriber as defined in Section 102 of the Illinois Controlled Substances Act.
(2) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a return, or pay the tax, penalty, or interest shown in a filed return, or pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(4) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois.
(5) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension shall end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient.
(6) In enforcing this Act, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing.
A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, then the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of
An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18.)