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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
92_HB3708ham003 LRB9211070ACcdam02 1 AMENDMENT TO HOUSE BILL 3708 2 AMENDMENT NO. . Amend House Bill 3708, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Regulatory Sunset Act is amended by 6 changing Section 4.13 and adding Section 4.23 as follows: 7 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 8 Sec. 4.13. Acts repealed on December 31, 2002. The 9 following Acts are repealed on December 31, 2002: 10 The Environmental Health Practitioner Licensing Act. 11 The Naprapathic Practice Act. 12 The Wholesale Drug Distribution Licensing Act. 13
The Dietetic and Nutrition Practice Act.14 The Funeral Directors and Embalmers Licensing Code. 15 The Professional Counselor and Clinical Professional 16 Counselor Licensing Act. 17 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 18 (5 ILCS 80/4.23 new) 19 Sec. 4.23. Act repealed on January 1, 2013. The 20 following Act is repealed on January 1, 2013: 21 The Dietetic and Nutrition Services Practice Act. -2- LRB9211070ACcdam02 1 Section 10. The Dietetic and Nutrition Services 2 Practice Act is amended by changing Sections 10, 15, 15.5, 3 20, 30, 40, 45, 65, 70, 75, 80, and 95 and adding Section 56 4 as follows: 5 (225 ILCS 30/10) (from Ch. 111, par. 8401-10) 6 (Section scheduled to be repealed on December 31, 2002) 7 Sec. 10. Definitions. As used in this Act: 8 "Board" means the Dietitian Nutritionist Dietetic and9 Nutrition ServicesPractice Board appointed by the Director. 10 "Department" means the Department of Professional 11 Regulation. 12 "Dietetics" means the integration and application of 13 principles derived from the sciences of food and nutrition to 14 provide for all aspects of nutrition care for individuals and 15 groups, including, but not limited to nutrition services and 16 medical nutrition therapy careas defined in this Act. 17 "Director" means the Director of the Department of 18 Professional Regulation. 19 "Licensed dietitian" means a person licensed under20 Section 45 of this Act to practice dietetics. Activities of a21 licensed dietitian do not include the medical differential22 diagnoses of the health status of an individual.23 "Licensed nutrition counselor" means a person licensed24 under Section 50 of this Act to provide any aspect of25 nutrition services as defined in this Act. Activities of a26 licensed nutrition counselor do not include medical nutrition27 care as defined in this Act or the medical differential28 diagnoses of the health status of an individual.29 "Licensed dietitian nutritionist" means a person licensed 30 under this Act to practice dietetics and nutrition services, 31 including medical nutrition therapy. Activities of a 32 licensed dietitian nutritionist do not include the medical 33 differential diagnosis of the health status of an individual. -3- LRB9211070ACcdam02 1 "Medical nutrition therapy care" means the component of 2 nutrition care that deals with: 3 (a) interpreting and recommending nutrient needs 4 relative to medically prescribed diets, including, but 5 not limited to tube feedings, specialized intravenous 6 solutions, and specialized oral feedings; 7 (b) food and prescription drug interactions; and 8 (c) developing and managing food service operations 9 whose chief function is nutrition care and provision of 10 medically prescribed diets. 11 "Medically prescribed diet" means a diet prescribed when 12 specific food or nutrient levels need to be monitored, 13 altered, or both as a component of a treatment program for an 14 individual whose health status is impaired or at risk due to 15 disease, injury, or surgery and may only be performed as 16 initiated by or in consultation with a physician licensed to 17 practice medicine in all of its branches. 18 "Nutrition assessment" means the evaluation of the 19 nutrition needs of individuals or groups using appropriate 20 data to determine nutrient needs or status and make 21 appropriate nutrition recommendations. 22 "Nutrition counseling" means advising and assisting 23 individuals or groups on appropriate nutrition intake by 24 integrating information from the nutrition assessment. 25 "Nutrition services for individuals and groups" shall 26 include, but is not limited to, all of the following; 27 (a) Providing nutrition assessments relative to 28 preventive maintenance or restorative care. 29 (b) Providing nutrition education and nutrition 30 counseling as components of preventive maintenance or 31 restorative care. 32 (c) Developing and managing systems whose chief 33 function is nutrition care. Nutrition services for 34 individuals and groups does not include medical nutrition -4- LRB9211070ACcdam02 1 therapy careas defined in this Act. 2 "Practice experience" means a preprofessional, 3 documented, supervised practice in dietetics or nutrition 4 services that is acceptable to the Department in compliance 5 with requirements for licensure, as specified in Sections 45 6 and 50. It may be or may include a documented, supervised 7 practice experience which is a component of the educational 8 requirements for licensure, as specified in Section 45 or 50. 9 "Registered dietitian" means an individual registered 10 with the Commission on Dietetic Registration, the accrediting 11 body for the American Dietetic Association. 12 "Restorative" means the component of nutrition care that 13 deals with oral dietary needs for individuals and groups. 14 Activities shall relate to the metabolism of food and the 15 requirements for nutrients, including dietary supplements for 16 growth, development, maintenance, or attainment of optimal 17 health. 18 (Source: P.A. 87-784; 87-1000.) 19 (225 ILCS 30/15) (from Ch. 111, par. 8401-15) 20 (Section scheduled to be repealed on December 31, 2002) 21 Sec. 15. License required. 22 (a) No person may engage for remuneration in nutrition 23 services practice or hold himself or herself out as a 24 licensed dietitian nutritionist nutrition counselorunless 25 the person is licensed in accordance with this Act or meets 26 one or more of the following criteria: 27 (1) The person is licensed in this State under any 28 other Act that authorizes the person to provide these 29 services. 30 (2) The person is licensed to practice nutrition 31 under the law of another state, territory of the United 32 States, or country and has applied in writing to the 33 Department in form and substance satisfactory to the -5- LRB9211070ACcdam02 1 Department for a license as a dietitian nutritionist 2 until (i) the expiration of 6 months after filing the 3 written application, (ii) the withdrawal of the 4 application, or (iii) the denial of the application by 5 the Department. 6 (b) No person shall practice dietetics, as defined in 7 this Act, or hold himself or herself out as a licensed 8 dietitian nutritionist unless that person is so licensed 9 under this Act or meets one or more of the following 10 criteria: 11 (1) The person is licensed in this State under any 12 other Act that authorizes the person to provide these 13 services. 14 (2) The person is a dietary technical support 15 person, working in a hospital setting or a regulated 16 Department of Public Health or Department on Aging 17 facility or program, who has been trained and is 18 supervised while engaged in the practice of dietetics by 19 a licensed dietitian nutritionist in accordance with this 20 Act and whose services are retained by that facility or 21 program on a full time or regular, ongoing consultant 22 basis. 23 (3) The person is a dietitianlicensed to practice 24 dietetics under the law of another state, territory of 25 the United States, or country, or is a registered 26 dietitian, who has applied in writing to the Department 27 in form and substance satisfactory to the Department for 28 a license as a dietitian nutritionist until (i) the 29 expiration of 6 months after the filing the written 30 application, (ii) the withdrawal of the application, or 31 (iii) the denial of the application by the Department. 32 (c) No person shall practice dietetics or nutrition 33 services, as defined in this Act, or hold himself or herself 34 out as a licensed dietitian nutritionist, a dietitian, a -6- LRB9211070ACcdam02 1 nutritionist, or a nutrition counselor unless the person is 2 licensed in accordance with this Act. 3 (Source: P.A. 89-474, eff. 6-18-96.) 4 (225 ILCS 30/15.5) 5 (Section scheduled to be repealed on December 31, 2002) 6 Sec. 15.5. Unlicensed practice; violation; civil 7 penalty. 8 (a) Any person who practices, offers to practice, 9 attempts to practice, or holds oneself out to practice 10 dietetics or nutrition services counselingwithout being 11 licensed under this Act shall, in addition to any other 12 penalty provided by law, pay a civil penalty to the 13 Department in an amount not to exceed $5,000 for each offense 14 as determined by the Department. The civil penalty shall be 15 assessed by the Department after a hearing is held in 16 accordance with the provisions set forth in this Act 17 regarding the provision of a hearing for the discipline of a 18 licensee. 19 (b) The Department has the authority and power to 20 investigate any and all unlicensed activity. 21 (c) The civil penalty shall be paid within 60 days after 22 the effective date of the order imposing the civil penalty. 23 The order shall constitute a judgment and may be filed and 24 execution had thereon in the same manner as any judgment from 25 any court of record. 26 (Source: P.A. 89-474, eff. 6-18-96.) 27 (225 ILCS 30/20) (from Ch. 111, par. 8401-20) 28 (Section scheduled to be repealed on December 31, 2002) 29 Sec. 20. Exemptions. This Act does not prohibit or 30 restrict: 31 (a) Any person licensed in this State under any other 32 Act from engaging in the practice for which he or she is -7- LRB9211070ACcdam02 1 licensed. 2 (b) The practice of dietetics or nutrition services by a 3 person who is employed by the United States or State 4 government or any of its bureaus, divisions, or agencies 5 while in the discharge of the employee's official duties. 6 (c) The practice of nutrition services by a person 7 employed as a cooperative extension home economist, to the 8 extent the activities are part of his or her employment. 9 (d) The practice of nutrition services or dietetics by a 10 person pursuing a course of study leading to a degree in 11 dietetics, nutrition or an equivalent major, as authorized by 12 the Department, from a regionally accredited school or 13 program, if the activities and services constitute a part of 14 a supervised course of study and if the person is designated 15 by a title that clearly indicates the person's status as a 16 student or trainee. 17 (e) The practice of nutrition services or dietetics by a 18 person fulfilling the supervised practice experience 19 component of Sections 45 or 50, if the activities and 20 services constitute a part of the experience necessary to 21 meet the requirements of Section 45 or 50. 22 (f) A person from providing oral nutrition information 23 as an operator or employee of a health food store or business 24 that sells health products, including dietary supplements, 25 food, or food materials, or disseminating written nutrition 26 information in connection with the marketing and distribution 27 of those products. 28 (g) The practice of nutrition services by an educator 29 who is in the employ of a nonprofit organization, as 30 authorized by the Department, a federal state, county, or 31 municipal agency, or other political subdivision; an 32 elementary or secondary school; or a regionally accredited 33 institution of higher education, as long as the activities 34 and services of the educator are part of his or her -8- LRB9211070ACcdam02 1 employment. 2 (h) The practice of nutrition services by any person who 3 provides weight control services, provided the nutrition 4 program has been reviewed by, consultation is available from, 5 and no program change can be initiated without prior approval 6 by an individual licensed under this Act, an individual 7 licensed to practice dietetics or nutrition services a8 dietitian or nutrition counselor licensedin another state 9 that has licensure requirements considered by the Department 10 to be at least as stringent as the requirements for licensure 11 under this Act, or a registered dietitian. 12 (i) The practice of nutrition services or dietetics by 13 any person with a masters or doctorate degree with a major in 14 nutrition or equivalent from a regionally accredited school 15 recognized by the Department for the purpose of education and 16 research. 17 (j) Any person certified in this State and who is 18 employed by a facility or program regulated by the State of 19 Illinois from engaging in the practice for which he or she is 20 certified and authorized by the Department. 21 (k) The practice of nutrition services by a graduate of 22 a 2 year associate program or a 4 year baccalaureate program 23 from a school or program accredited at the time of graduation 24 by the appropriate accrediting agency recognized by the 25 Council on Higher Education PostsecondaryAccreditation and 26 the United States Department of Education with a major in 27 human nutrition, food and nutrition or its equivalent, as 28 authorized by the Department, who is directly supervised by 29 an individual licensed under this Act. 30 (l) Providing nutrition information as an employee of a 31 nursing facility operated exclusively by and for those 32 relying upon spiritual means through prayer alone for healing 33 in accordance with the tenets and practices of a recognized 34 church or religious denomination. -9- LRB9211070ACcdam02 1 The provisions of this Act shall not be construed to 2 prohibit or limit any person from the free dissemination of 3 information, from conducting a class or seminar, or from 4 giving a speech related to nutrition if that person does not 5 hold himself or herself out as a licensed nutrition counselor 6 or licensed dietitian in a manner prohibited by Section 15. 7 (Source: P.A. 87-784; 87-1000.) 8 (225 ILCS 30/30) (from Ch. 111, par. 8401-30) 9 (Section scheduled to be repealed on December 31, 2002) 10 Sec. 30. Practice Board. The Director shall appoint a 11 Dietitian Nutritionist Dietetic and Nutrition Services12 Practice Board as follows: 7 Sevenindividuals who shall be 13 appointed by and shall serve in an advisory capacity to the 14 Director. Of these 7 individuals, 4 members must be licensed 15 under this Act and currently engaged in the practice of16 dietetics or nutrition services in the State of Illinois and17 must have been doing so for a minimum of 3 years, 2 of whom18 shall be licensed dietitians who are not also licensed as19 nutrition counselors under this Act and 2 of whom shall be20 licensed nutrition counselors who are not also licensed21 dietitians under this Act; one member must be a physician 22 licensed to practice medicine in all of its branches; one 23 member must be a licensed professional nurse; and one member 24 must be a public member not licensed under this Act. 25 Members shall serve 3 year terms and until their 26 successors are appointed and qualified, except the terms of 27 the initial appointments. The initial appointments shall be28 served as follows: 2 members shall be appointed to serve for29 one year, 2 shall be appointed to serve for 2 years, and the30 remaining members shall be appointed to serve for 3 years and31 until their successors are appointed and qualified.No 32 member shall be reappointed to the Board for a term that 33 would cause his or her continuous service on the Board to be -10- LRB9211070ACcdam02 1 longer than 8 years. Appointments to fill vacancies shall be 2 made in the same manner as original appointments, for the 3 unexpired portion of the vacated term. Initial terms shall 4 begin upon the effective date of this Act and Board members 5 in office on that date shall be appointed to specific terms 6 as indicated in this Section. 7 The membership of the Board shall reasonably represent 8 all the geographic areas in this State. Any time there is a 9 vacancy on the Board, any professional association composed 10 of persons licensed under this Act may recommend licensees to 11 fill the vacancy to the Board for the appointment of 12 licensees, the organization representing the largest number 13 of licensed physicians for the appointment of physicians to 14 the Board, and the organization representing the largest 15 number of licensed professional nurses for the appointment of 16 a nurse to the Board. 17 Members of the Board shall have no liability in any 18 action based upon any disciplinary proceeding or other 19 activity performed in good faith as members of the Board. 20 The Director shall have the authority to remove any 21 member of the Board from office for neglect of any duty 22 required by law or for incompetency or unprofessional or 23 dishonorable conduct. 24 The Director shall consider the recommendation of the 25 Board on questions of standards of professional conduct, 26 discipline, and qualifications of candidates or licensees 27 under this Act. 28 (Source: P.A. 87-784; 87-1000.) 29 (225 ILCS 30/40) (from Ch. 111, par. 8401-40) 30 (Section scheduled to be repealed on December 31, 2002) 31 Sec. 40. Examinations. The Department shall authorize 32 examinations of applicants for a license under this Act as33 dietitians or nutrition counselorsat the times and places -11- LRB9211070ACcdam02 1 that it may determine. The examination of applicants shall 2 be of a character to give a fair test of the qualifications 3 of the applicant to practice dietetics and nutrition 4 services. The Department or its designated testing service 5 shall provide initial screening to determine eligibility of 6 applicants for examination. 7 Applicants for examination as dietitians or nutrition8 counselorsshall be required to pay, either to the Department 9 or the designated testing service, a fee covering the cost of 10 providing the examination. Failure to appear for the 11 examination on the scheduled date, at the time and place 12 specified, after the applicant's application for examination 13 has been received and acknowledged by the Department or the 14 designated testing service, shall result in the forfeiture of 15 the examination fee. 16 If an applicant neglects, fails, or refuses to take an 17 examination or fails to pass an examination for a license 18 under this Act within 3 years after filing an application, 19 the application shall be denied. However, the applicant may 20 thereafter make a new application accompanied by the required 21 fee and shall meet the requirements for licensure in force at 22 the time of making the new application. 23 The Department may employ consultants for the purpose of 24 preparing and conducting examinations. 25 (Source: P.A. 87-784; 87-1000.) 26 (225 ILCS 30/45) (from Ch. 111, par. 8401-45) 27 (Section scheduled to be repealed on December 31, 2002) 28 Sec. 45. Dietitian nutritionist; qualifications. A 29 person shall be qualified for licensure as a dietitian 30 nutritionist if that person meets all of the following 31 requirements: 32 (a) Has applied in writing in form and substance 33 acceptable to the Department and possesses a baccalaureate -12- LRB9211070ACcdam02 1 degree or post baccalaureate degree in human nutrition, foods 2 and nutrition, dietetics, food systems management, nutrition 3 education, or an equivalent major course of study as 4 recommended by the Board and approved by the Department from 5 a school or program accredited at the time of graduation from 6 the appropriate regional accrediting agency recognized by the 7 Council on Higher Education Post-secondaryAccreditation and 8 the United States Department of Education. 9 (b) Has successfully completed the examination 10 authorized by the Department which may be or may include an 11 examination given by the Commission on Dietetic Registration. 12 The Department shall establish by rule a waiver of the 13 examination requirement to applicants who, at the time of 14 application, are acknowledged to be registered dietitians by 15 the Commission on Dietetic Registration and who are in 16 compliance with other qualifications as included in the Act. 17 (c) Has completed a dietetic internship or documented, 18 supervised practice experience in dietetics and nutrition 19 services of not less than 900 hours under the supervision of 20 a registered dietitian or a licensed dietitian nutritionist, 21 a State licensed healthcare practitioner, or an individual 22 with a doctoral degree conferred by a U.S. regionally 23 accredited college or university with a major course of study 24 in human nutrition, nutrition education, food and nutrition, 25 dietetics or food systems management. Supervised practice 26 experience must be completed in the United States or its 27 territories. Supervisors who obtained their doctoral degree 28 outside the United States and its territories must have their 29 degrees validated as equivalent to the doctoral degree 30 conferred by a U.S. regionally accredited college or 31 university. 32 (Source: P.A. 87-784; 87-1000.) 33 (225 ILCS 30/56 new) -13- LRB9211070ACcdam02 1 (Section scheduled to be repealed on January 1, 2013) 2 Sec. 56. Transition. Beginning November 1, 2003, the 3 Department shall cease to issue a license as a dietitian or a 4 nutrition counselor. Any person holding a valid license as a 5 dietitian or nutrition counselor prior to November 1, 2003 6 and having met the conditions for renewal of a license under 7 Section 65 of this Act, shall be issued a license as a 8 dietitian nutritionist under this Act and shall be subject to 9 continued regulation by the Department under this Act. The 10 Department may adopt rules to implement this Section. 11 (225 ILCS 30/65) (from Ch. 111, par. 8401-65) 12 (Section scheduled to be repealed on December 31, 2002) 13 Sec. 65. Expiration and renewal dates. The expiration 14 date and renewal period for each license issued under this 15 Act shall be set by rule. 16 As a condition for renewal of a license that expires on 17 October 31, 2003, a licensed nutrition counselor shall be 18 required to complete and submit to the Department proof of 30 19 hours of continuing education in dietetics or nutrition 20 services during the 24 months preceding the expiration date 21 of the license in accordance with rules established by the 22 Department. A minimum of 24 hours of the required 30 hours 23 of continuing education shall be in medical nutrition 24 therapy, which shall include diet therapy, medical dietetics, 25 clinical nutrition, or the equivalent, as provided by 26 continuing education sponsors approved by the Department. 27 The Department may adopt rules to implement this Section. 28 As a condition for renewal of a license, the licensee 29 shall be required to complete 30 hours of continuing 30 education in dietetics or nutrition services during the 24 31 months preceding the expiration date of the license in 32 accordance with rules established by the Department. The 33 continuing education shall be in courses approved by the -14- LRB9211070ACcdam02 1 Commission on Dietetic Registration or in courses taken from 2 a sponsor approved by the Department. A sponsor shall be 3 required to file an application, meet the requirements set 4 forth in the rules of the Department, and pay the appropriate 5 fee. The requirements for continuing education may be waived, 6 in whole or in part, in cases of extreme hardship as defined 7 by rule of the Department. The Department shall provide an 8 orderly process for the reinstatement of licenses that have 9 not been renewed due to the failure to meet the continuing 10 education requirements of this Section. 11 Any person who has permitted his or her license to 12 expire or who has had his or her license on inactive status 13 may have the license restored by submitting an application to 14 the Department, meeting continuing education requirements, 15 and filing proof acceptable with the Department of fitness to 16 have the license restored, which may include sworn evidence 17 certifying to active practice in another jurisdiction 18 satisfactory to the Department and by paying the required 19 restoration fee. 20 If the person has not maintained an active practice in 21 another jurisdiction satisfactory to the Department, the 22 Department shall determine, by an evaluation program 23 established by rule, his or her fitness to resume active 24 status and may require the person to complete a period of 25 evaluated professional experience and may require successful 26 completion of a practical examination. 27 Any person, however, whose license expired while (i) in 28 Federal Service on active duty with the Armed Forces of the 29 United States, or called into service or training with the 30 State Militia, or (ii) in training or education under the 31 supervision of the United States preliminary to induction 32 into the military service may have his or her license 33 restored without paying any lapsed renewal fees if within 2 34 years after honorable termination of the service, training, -15- LRB9211070ACcdam02 1 or education he or she furnishes the Department with 2 satisfactory evidence to the effect that he or she has been 3 so engaged and that the service, training or education has 4 been terminated. 5 (Source: P.A. 87-784; 87-1000.) 6 (225 ILCS 30/70) (from Ch. 111, par. 8401-70) 7 (Section scheduled to be repealed on December 31, 2002) 8 Sec. 70. Inactive status; restoration. Any person who 9 notifies the Department in writing on forms prescribed by the 10 Department may elect to place his or her license on an 11 inactive status and shall, subject to rules of the 12 Department, be excused from payment of renewal fees until he 13 or she notifies the Department in writing of the desires to 14 resume active status. 15 Any person requesting restoration from inactive status 16 shall be required to pay the current renewal fee, shall meet 17 continuing education requirements, and shall be required to 18 restore his or her license as provided in Section 65 of this 19 Act. 20 A person licensed under this Act dietitian or nutrition21 counselorwhose license is on inactive status or in a 22 non-renewed status shall not engage in the practice of 23 dietetics or nutrition services in the State of Illinois or 24 use the title or advertise that he or she performs the 25 services of a licensed dietitian nutritionist or nutrition26 counselor. 27 Any person violating this Section shall be considered to 28 be practicing without a license and will be subject to the 29 disciplinary provisions of this Act. 30 (Source: P.A. 87-784; 87-1000.) 31 (225 ILCS 30/75) (from Ch. 111, par. 8401-75) 32 (Section scheduled to be repealed on December 31, 2002) -16- LRB9211070ACcdam02 1 Sec. 75. Endorsement. The Department may license as a 2 dietitian nutritionist or nutrition counselor, without 3 examination, on payment of required fee, an applicant who is 4 a dietitian, dietitian nutritionist, nutritionist, or 5 nutrition counselor licensed under the laws of another state, 6 territory, or country, if the requirements for licensure in 7 the state, territory, or country in which the applicant was 8 licensed were, at the date of his or her licensure, 9 substantially equal to the requirements of this Act. 10 (Source: P.A. 87-784; 87-1000.) 11 (225 ILCS 30/80) (from Ch. 111, par. 8401-80) 12 (Section scheduled to be repealed on December 31, 2002) 13 Sec. 80. Use of title; advertising. Only a person who is 14 issued a license as a dietitian nutritionist under this Act 15 may use the words "dietitian nutritionist", "dietitian", 16 "nutritionist", or "nutrition counselor" or the letters 17 "L.D.N." in connection with his or her name. 18 A person who meets the additional criteria for 19 registration by the Commission on Dietetic Registration for 20 the American Dietetic Association may assume or use the title 21 or designation "Registered Dietitian" or "Registered 22 Dietician" or use the letters "R.D." or any words, letters, 23 abbreviations, or insignia indicating that the person is a 24 registered dietitian. 25 Any person who meets the additional criteria for 26 certification by the Clinical Nutrition Certification Board 27 of the International and American Associations of Clinical 28 Nutritionists may assume or use the title or designation 29 "Certified Clinical Nutritionist" or use the letters "C.C.N." 30 or any words, letters, abbreviations, or insignia indicating 31 that the person is a certified clinical nutritionist. 32 Any person who meets the additional criteria for 33 certification by the Certification Board of Nutrition -17- LRB9211070ACcdam02 1 Specialists may assume or use the title or designation 2 "Certified Nutrition Specialist", or use the letters "C.N.S." 3 or any words, letters, abbreviations, or insignia indicating 4 that the person is a certified nutrition specialist. 5 A licensee shall include in every advertisement for 6 services regulated under this Act his or her title as it 7 appears on the license or the initials authorized under this 8 Act. 9 (a) Only a person who is issued a license as a dietitian10 under this Act may use the words "licensed dietitian" or the11 letters "L.D." in connection with his or her name. A person12 who meets the additional criteria for registration by the13 Commission on Dietetic Registration for the American Dietetic14 Association may assume or use the title or designation15 "Registered Dietitian" or "Registered Dietician", or use the16 letters "R.D." or any words, letters, abbreviations, or17 insignia indicating that the person is a registered18 dietitian.19 (b) Only a person who is issued a license as a nutrition20 counselor under the terms of this Act may use the letters21 "L.N.C." or the words "licensed nutrition counselor" in22 connection with his or her name.23 (c) A licensee shall include in every advertisement for24 services regulated under this Act his or her title as it25 appears on the license or the initials authorized under this26 Act.27 (Source: P.A. 91-310, eff. 1-1-00.) 28 (225 ILCS 30/95) (from Ch. 111, par. 8401-95) 29 (Section scheduled to be repealed on December 31, 2002) 30 Sec. 95. Grounds for discipline. 31 (1) The Department may refuse to issue or renew, or may 32 revoke, suspend, place on probation, reprimand, or take other 33 disciplinary action as the Department may deem proper, -18- LRB9211070ACcdam02 1 including fines not to exceed $1000 for each violation, with 2 regard to any license or certificate for any one or 3 combination of the following causes: 4 (a) Material misstatement in furnishing information 5 to the Department. 6 (b) Violations of this Act or its rules. 7 (c) Conviction of any crime under the laws of the 8 United States or any state or territory thereof that is 9 (i) a felony; (ii) a misdemeanor, an essential element of 10 which is dishonesty; or (iii) a crime that is directly 11 related to the practice of the profession. 12 (d) Making any misrepresentation for the purpose of 13 obtaining licensure or violating any provision of this 14 Act. 15 (e) Professional incompetence or gross negligence. 16 (f) Malpractice. 17 (g) Aiding or assisting another person in violating 18 any provision of this Act or its rules. 19 (h) Failing to provide information within 60 days 20 in response to a written request made by the Department. 21 (i) Engaging in dishonorable, unethical or 22 unprofessional conduct of a character likely to deceive, 23 defraud, or harm the public. 24 (j) Habitual or excessive use or addiction to 25 alcohol, narcotics, stimulants, or any other chemical 26 agent or drug that results in the inability to practice 27 with reasonable judgment, skill, or safety. 28 (k) Discipline by another state, territory, or 29 country if at least one of the grounds for the discipline 30 is the same or substantially equivalent to those set 31 forth in this Act. 32 (l) Directly or indirectly giving to or receiving 33 from any person, firm, corporation, partnership, or 34 association any fee, commission, rebate, or other form of -19- LRB9211070ACcdam02 1 compensation for any professional services not actually 2 or personally rendered. 3 (m) A finding by the Department that the licensee, 4 after having his or her license placed on probationary 5 status, has violated the terms of probation. 6 (n) Conviction by any court of competent 7 jurisdiction, either within or outside this State, of any 8 violation of any law governing the practice of dietetics 9 or nutrition counseling, if the Department determines, 10 after investigation, that the person has not been 11 sufficiently rehabilitated to warrant the public trust. 12 (o) A finding that licensure has been applied for 13 or obtained by fraudulent means. 14 (p) Practicing or attempting to practice under a 15 name other than the full name as shown on the license or 16 any other legally authorized name. 17 (q) Gross and willful overcharging for professional 18 services including filing statements for collection of 19 fees or monies for which services are not rendered. 20 (r) Failure to (i) file a return, (ii) pay the tax, 21 penalty or interest shown in a filed return, or (iii) pay 22 any final assessment of tax, penalty or interest, as 23 required by any tax Act administered by the Illinois 24 Department of Revenue, until the requirements of any such 25 tax Act are satisfied. 26 (s) Willfully failing to report an instance of 27 suspected child abuse or neglect as required by the 28 Abused and Neglected Child Reporting Act. 29 (2) In enforcing this Section, the Board, upon a showing 30 of a possible violation, may compel a licensee or applicant 31 to submit to a mental or physical examination, or both, as 32 required by and at the expense of the Department. The 33 examining physician shall be specifically designated by the 34 Board. The Board or the Department may order the examining -20- LRB9211070ACcdam02 1 physician to present testimony concerning the mental or 2 physical examination of a licensee or applicant. No 3 information may be excluded by reason of any common law or 4 statutory privilege relating to communications between a 5 licensee or applicant and the examining physician. An 6 individual to be examined may have, at his or her own 7 expense, another physician of his or her choice present 8 during all aspects of the examination. Failure of an 9 individual to submit to a mental or physical examination, 10 when directed, is grounds for suspension of his or her 11 license. The license must remain suspended until the time 12 that the individual submits to the examination or the Board 13 finds, after notice and a hearing, that the refusal to submit 14 to the examination was with reasonable cause. If the Board 15 finds that an individual is unable to practice because of the 16 reasons set forth in this Section, the Board must require the 17 individual to submit to care, counseling, or treatment by a 18 physician approved by the Board, as a condition, term, or 19 restriction for continued, reinstated, or renewed licensure 20 to practice. In lieu of care, counseling, or treatment, the 21 Board may recommend that the Department file a complaint to 22 immediately suspend or revoke the license of the individual 23 or otherwise discipline him or her. Any individual whose 24 license was granted, continued, reinstated, or renewed 25 subject to conditions, terms, or restrictions, as provided 26 for in this Section, or any individual who was disciplined or 27 placed on supervision pursuant to this Section must be 28 referred to the Director for a determination as to whether 29 the individual shall have his or her license suspended 30 immediately, pending a hearing by the Board. 31 The Department shall deny any license or renewal under 32 this Act to any person who has defaulted on an educational 33 loan guaranteed by the Illinois Student Assistance 34 Commission; however, the Department may issue a license or -21- LRB9211070ACcdam02 1 renewal if the person in default has established a 2 satisfactory repayment record as determined by the Illinois 3 Student Assistance Commission. 4 The determination by a circuit court that a registrant is 5 subject to involuntary admission or judicial admission as 6 provided in the Mental Health and Developmental Disabilities 7 Code operates as an automatic suspension. This suspension 8 will end only upon a finding by a court that the patient is 9 no longer subject to involuntary admission or judicial 10 admission, the issuance of an order so finding and 11 discharging the patient, and the recommendation of the Board 12 to the Director that the registrant be allowed to resume 13 practice. 14 (Source: P.A. 87-784; 87-1000.) 15 (225 ILCS 30/50 rep.) 16 (225 ILCS 30/60 rep.) 17 Section 90. The Dietetic and Nutrition Services Practice 18 Act is amended by repealing Sections 50 and 60. 19 Section 99. Effective date. This Section, Section 5, 20 and Sections 56 and 65 of the Dietetic and Nutrition Practice 21 Act take effect upon becoming law. All of the other 22 provisions take effect October 31, 2003.".
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