Bill Text: IL HB2630 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Acupuncture Practice Act from January 1, 2018 to January 1, 2028. Amends the Acupuncture Practice Act. Changes the short title of the Act to the Acupuncture and East Asian Medicine Practice Act. Allows for the practice of East Asian medicine. Makes changes to the definition of "acupuncture" and "acupuncturist". Defines "East Asian medicine". Removes the definition of "referral by written orders". Removes language allowing a physician or a dentist to refer by written order a patient to an acupuncturist and maintain management of the patient. Adds provisions concerning guest practitioners of acupuncture and East Asian medicine. Changes the name of the Board of Acupuncture to the Board of Acupuncture and East Asian Medicine and allows licensed practitioners of East Asian medicine to be members of the Board. Provides that the Department of Financial and Professional Regulation shall issue a license to an applicant that submits proof of a demonstration of status as a Diplomate of Acupuncture or Diplomate of Oriental Medicine with the National Certification Commission for Acupuncture and Oriental Medicine or an equivalent credential approved by the Department (rather than passing the National Certification Commission for Acupuncture and Oriental Medicine examination or an equivalent examination). Makes changes in provisions concerning titles and designations that can be used by those licensed under the Act. Makes conforming changes in the Comprehensive Health Insurance Plan Act, the Tattoo and Body Piercing Establishment Registration Act, and the Professional Service Corporation Act. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 35-4)

Status: (Engrossed) 2017-05-23 - Placed on Calendar Order of 3rd Reading May 24, 2017 [HB2630 Detail]

Download: Illinois-2017-HB2630-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
6 (5 ILCS 80/4.28)
7 Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9 The Illinois Petroleum Education and Marketing Act.
10 The Podiatric Medical Practice Act of 1987.
11 The Acupuncture Practice Act.
12 The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14 The Interpreter for the Deaf Licensure Act of 2007.
15 The Nurse Practice Act.
16 The Clinical Social Work and Social Work Practice Act.
17 The Pharmacy Practice Act.
18 The Home Medical Equipment and Services Provider License
19Act.
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
22Act.
23 The Physician Assistant Practice Act of 1987.

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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.38 new)
7 Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Acupuncture Practice Act.
10 Section 10. The Acupuncture Practice Act is amended by
11changing Sections 5, 10, 15, 20, 20.1, 25, 30, 35, 40, 50, 60,
1270, 105, 110, 120, 130, 140, 152, 160, 170, 175, 190, and 200
13and by adding Sections 12, 20.2, and 142 as follows:
14 (225 ILCS 2/5)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 5. Objects and purpose. The practice of acupuncture in
17the State of Illinois is hereby declared to affect the public
18health, safety, and welfare and to be subject to regulation and
19control in the public interest. It is further declared to be a
20matter of public interest and concern that the practice of
21acupuncture as defined in this Act merit and receive the
22confidence of the public, and that only qualified persons, as
23set forth by this Act, be authorized to practice acupuncture in

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1the State of Illinois. This Act shall be liberally construed to
2best carry out these subjects and purposes.
3(Source: P.A. 89-706, eff. 1-31-97.)
4 (225 ILCS 2/10)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 10. Definitions. As used in this Act:
7 "Acupuncture" means the evaluation or treatment that is
8effected by stimulating of persons affected through a method of
9stimulation of a certain body points point or points on or
10immediately below the surface of the body by the insertion of
11pre-sterilized, single-use, disposable needles, unless
12medically contraindicated. "Acupuncture" includes, but is not
13limited to, stimulation that may be effected by , with or
14without the application of heat, including far infrared, or
15cold, electricity, electro or magnetic electronic stimulation,
16cold laser, vibration, cupping, gua sha, or manual pressure, or
17other methods, with or without the concurrent use of needles,
18to prevent or modify the perception of pain, to normalize
19physiological functions, or for the treatment of certain
20diseases or dysfunctions of the body and includes the
21determination of a care regimen or treatment protocol according
22to traditional East Asian principles and activities referenced
23in Section 15 of this Act for which a written referral is not
24required. In accordance with this Section, the practice known
25as dry needling or intramuscular manual stimulation, or similar

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1wording intended to describe such practice, is determined to be
2within the definition, scope, and practice of acupuncture.
3Acupuncture also includes evaluation or treatment in
4accordance with traditional and modern practices of East Asian
5medical theory, including, but not limited to, moxibustion,
6herbal medicinals, natural or dietary supplements, manual
7methods, exercise, and diet to prevent or modify the perception
8of pain, to normalize physiological functions, or for the
9treatment of diseases or dysfunctions of the body and includes
10activities referenced in Section 15 of this Act for which a
11written referral is not required. Acupuncture does not include
12radiology, electrosurgery, chiropractic technique, physical
13therapy, naprapathic technique, use or prescribing of any
14pharmaceuticals, drugs, medications, herbal preparations,
15nutritional supplements, serums, or vaccines, or determination
16of a differential diagnosis. An acupuncturist licensed
17registered under this Act who is not also licensed as a
18physical therapist under the Illinois Physical Therapy Act
19shall not hold himself or herself out as being qualified to
20provide physical therapy or physiotherapy services. An
21acupuncturist shall refer to a licensed physician or dentist,
22any patient whose condition should, at the time of evaluation
23or treatment, be determined to be beyond the scope of practice
24of the acupuncturist.
25 "Acupuncturist" means a person who practices acupuncture
26in all its forms, including traditional and modern practices in

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1both teachings and delivery, and who is licensed by the
2Department. An acupuncturist shall refer to a licensed
3physician or dentist any patient whose condition should, at the
4time of evaluation or treatment, be determined to be beyond the
5scope of practice of the acupuncturist.
6 "Address of record" means the designated address recorded
7by the Department in the applicant's or licensee's application
8file or license file as maintained by the Department's
9licensure maintenance unit.
10 "Board" means the Board of Acupuncture appointed by the
11Secretary.
12 "Dentist" means a person licensed under the Illinois Dental
13Practice Act.
14 "Department" means the Department of Financial and
15Professional Regulation.
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 "Physician" means a person licensed under the Medical
21Practice Act of 1987.
22 "Referral by written order" for purposes of this Act means
23a diagnosis, substantiated by signature of a physician or
24dentist, identifying a patient's condition and recommending
25treatment by acupuncture as defined in this Act. The diagnosis
26shall remain in effect until changed by the physician or

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1dentist who may, through express direction in the referral,
2maintain management of the patient.
3 "Secretary" means the Secretary of Financial and
4Professional Regulation.
5 "State" includes:
6 (1) the states of the United States of America;
7 (2) the District of Columbia; and
8 (3) the Commonwealth of Puerto Rico.
9(Source: P.A. 95-450, eff. 8-27-07.)
10 (225 ILCS 2/12 new)
11 Sec. 12. Address of record; email address of record. All
12applicants and licensees shall:
13 (1) provide a valid address and email address to the
14 Department, which shall serve as the address of record and
15 email address of record, respectively, at the time of
16 application for licensure or renewal of a license; and
17 (2) inform the Department of any change of address of
18 record or email address of record within 14 days after such
19 change either through the Department's website or by
20 contacting the Department's licensure maintenance unit.
21 (225 ILCS 2/15)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 15. Who may practice acupuncture. No person licensed
24under this Act may treat human ailments otherwise than by the

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1practice of acupuncture as defined in this Act and shall only
2practice acupuncture consistent with the education and
3certifications obtained pursuant to the requirements set forth
4in this Act. A physician or dentist licensed in Illinois may
5practice acupuncture in accordance with his or her training
6pursuant to this Act or the Medical Practice Act of 1987. A
7physician or a dentist may refer by written order a patient to
8an acupuncturist for the practice of acupuncture as defined in
9this Act and may, through express direction in the referral,
10maintain management of the patient. Nothing in this Act shall
11be construed to require a referral of a patient to an
12acupuncturist for evaluation and treatment based on
13acupuncture principles and techniques as taught by schools
14accredited by the Accreditation Commission for Acupuncture and
15Oriental Medicine or a similar accrediting body approved by the
16Department. An acupuncturist shall refer to a licensed
17physician or dentist, any patient whose condition should, at
18the time of evaluation or treatment, be determined to be beyond
19the scope of practice of the acupuncturist.
20 Nothing in this Act regarding the use of dietary
21supplements or herbs shall be construed to prohibit a person
22licensed in this State under any other Act from engaging in the
23practice for which he or she is licensed.
24(Source: P.A. 93-999, eff. 8-23-04.)
25 (225 ILCS 2/20)

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1 (Section scheduled to be repealed on January 1, 2018)
2 Sec. 20. Exempt activities. This Act does not prohibit any
3person licensed in this State as a dentist or physician from
4engaging in the practice for which he or she is licensed.
5(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
6 (225 ILCS 2/20.1)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 20.1. Guest instructors of acupuncture; professional
9education. The provisions of this Act do not prohibit an
10acupuncturist from another state or country, who is not
11licensed under this Act and who is an invited guest of a
12professional acupuncture association or scientific acupuncture
13foundation or an acupuncture training program or continuing
14education provider approved by the Department under this Act,
15from engaging in professional education through lectures,
16clinics, or demonstrations, provided that the acupuncturist is
17currently licensed in another state or country and his or her
18license is active and has not been disciplined, or he or she is
19currently certified in good standing as an acupuncturist by the
20National Certification Commission for Acupuncture and Oriental
21Medicine or similar body approved by the Department.
22 Licensees under this Act may engage in professional
23education through lectures, clinics, or demonstrations as an
24invited guest of a professional acupuncture association or
25scientific acupuncture foundation or an acupuncture training

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1program or continuing education provider approved by the
2Department under this Act. The Department may, but is not
3required to, establish rules concerning this Section.
4(Source: P.A. 95-450, eff. 8-27-07; 96-255, eff. 8-11-09;
596-483, eff. 8-14-09.)
6 (225 ILCS 2/20.2 new)
7 Sec. 20.2. Guest practitioners of acupuncture. The
8provisions of this Act do not prohibit an acupuncturist from
9another state or country who is not licensed under the Act from
10practicing in Illinois during a state of emergency as declared
11by the Governor of Illinois, provided that the acupuncturist is
12currently licensed in another state or country and his or her
13license is active and has not been disciplined, or he or she is
14certified by the National Certification Commission for
15Acupuncture and Oriental Medicine or similar body approved by
16the Department. Such practice is limited to the time period
17during which the declared state of emergency is in effect and
18may not exceed 2 consecutive weeks or a total of 30 days in one
19calendar year.
20 (225 ILCS 2/25)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 25. Powers and duties of Department. The Department
23shall exercise powers and duties under this Act as follows:
24 (1) Review applications to ascertain the

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1 qualifications of applicants for licensure.
2 (2) Adopt rules consistent with the provisions of this
3 Act for its administration and enforcement and may
4 prescribe forms that shall be used in connection with this
5 Act. The rules may define standards and criteria for
6 professional conduct and discipline. The Department shall
7 consult with the Board in adopting rules. Notice of
8 proposed rulemaking shall be transmitted to the Board, and
9 the Department shall review the Board's response and any
10 recommendations made in the response.
11 (3) The Department may at any time seek the advice and
12 the expert knowledge of the Board on any matter relating to
13 the administration of this Act.
14(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
15 (225 ILCS 2/30)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 30. Illinois Administrative Procedure Act. The
18Illinois Administrative Procedure Act is hereby expressly
19adopted and incorporated herein as if all of the provisions of
20that Act were included in this Act, except that the provision
21of subsection (d) of Section 10-65 of the Illinois
22Administrative Procedure Act, which provides that at hearings
23the licensee has the right to show compliance with all lawful
24requirements for retention or continuation or renewal of the
25license, is specifically excluded. For the purposes of this

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1Act, the notice required under Section 10-25 of the Illinois
2Administrative Procedure Act is deemed sufficient when mailed
3to the address of record. shall apply to all administrative
4rules and procedures of the Department under this Act, except
5that in the case of a conflict between the Illinois
6Administrative Procedure Act and this Act, the provisions of
7this Act shall control.
8(Source: P.A. 89-706, eff. 1-31-97.)
9 (225 ILCS 2/35)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 35. Board of Acupuncture. The Secretary shall appoint
12a Board of Acupuncture to consist of 7 persons who shall be
13appointed by and shall serve in an advisory capacity to the
14Secretary. Four members must hold an active license to engage
15in the practice of acupuncture in this State, one member shall
16be a chiropractic physician licensed under the Medical Practice
17Act of 1987 who is actively engaged in the practice of
18acupuncture, one member shall be a physician licensed to
19practice medicine in all of its branches in Illinois, and one
20member must be a member of the public who is not licensed under
21this Act or a similar Act of another jurisdiction and who has
22no connection with the profession.
23 Members shall serve 4-year terms and until their successors
24are appointed and qualified. No member may be appointed to more
25than 2 consecutive full terms shall be reappointed to the Board

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1for a term that would cause his or her continuous service on
2the Board to be longer than 8 consecutive years. Appointments
3to fill vacancies shall be made in the same manner as original
4appointments for the unexpired portion of the vacated term.
5Initial terms shall begin upon the effective date of this
6amendatory Act of 1997.
7 The Board may annually elect a chairperson and a
8vice-chairperson who shall preside in the absence of the
9chairperson. The membership of the Board should reasonably
10reflect representation from the geographic areas in this State.
11The Secretary may terminate the appointment of any member for
12cause. The Secretary may give due consideration to all
13recommendations of the Board. A majority of the Board members
14currently appointed shall constitute a quorum. A vacancy in the
15membership of the Board shall not impair the right of a quorum
16to exercise the right and perform all the duties of the Board.
17Members of the Board shall have no liability in any action
18based upon any disciplinary proceeding or other activity
19performed in good faith as a member of the Board.
20(Source: P.A. 95-450, eff. 8-27-07.)
21 (225 ILCS 2/40)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 40. Application for licensure. Applications for
24original licensure as an acupuncturist shall be made to the
25Department in writing on forms prescribed by the Department and

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1shall be accompanied by the required fee, which shall not be
2refundable.
3 Until December 31, 2001, applicants shall submit with the
4application proof of passing the National Certification
5Commission for Acupuncture and Oriental Medicine examination
6or a substantially equivalent examination approved by the
7Department or meeting any other qualifications established by
8the Department.
9 The On and after January 1, 2002, the Department may shall
10issue a license to an applicant who submits with the
11application proof of each of the following:
12 (1)(A) graduation from a school accredited by the
13 Accreditation Commission for Acupuncture and Oriental
14 Medicine or a similar accrediting body approved by the
15 Department; or (B) completion of a comprehensive
16 educational program approved by the Department; and
17 (2) for applications submitted on or before December
18 31, 2019, passing the National Certification Commission
19 for Acupuncture and Oriental Medicine examination or a
20 substantially equivalent examination approved by the
21 Department; for applications submitted on or after January
22 1, 2020, demonstration of status as a Diplomate of
23 Acupuncture or Diplomate of Oriental Medicine with the
24 National Certification Commission for Acupuncture and
25 Oriental Medicine or a substantially equivalent credential
26 as approved by the Department.

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1 An applicant has 3 years from the date of his or her
2application to complete the application process. If the process
3has not been completed in 3 years, the application shall be
4denied, the fee shall be forfeited, and the applicant must
5reapply and meet the requirements in effect at the time of
6reapplication.
7(Source: P.A. 93-999, eff. 8-23-04.)
8 (225 ILCS 2/50)
9 (Section scheduled to be repealed on January 1, 2018)
10 Sec. 50. Practice prohibited. Unless he or she has been
11issued, by the Department, a valid, existing license as an
12acupuncturist under this Act, no person may use the title and
13designation of "Acupuncturist", "Licensed Acupuncturist",
14"Certified Acupuncturist", "Doctor of Acupuncture and Chinese
15Medicine", "Doctor of Acupuncture and Oriental Medicine",
16"Doctor of Acupuncture", "Oriental Medicine Practitioner",
17"Licensed Oriental Medicine Practitioner", "Oriental Medicine
18Doctor", "Licensed Oriental Medicine Doctor", "C.A.", "Act.",
19"Lic. Act.", or "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or
20"O.M.D." either directly or indirectly, in connection with his
21or her profession or business. No person licensed under this
22Act may use the designation "medical", directly or indirectly,
23in connection with his or her profession or business. Nothing
24shall prevent a physician from using the designation
25"Acupuncturist".

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1 No person may practice, offer to practice, attempt to
2practice, or hold himself or herself out to practice as a
3licensed acupuncturist without being licensed under this Act.
4 This Act does not prohibit a person from applying
5acupuncture needles, modalities, or techniques as part of his
6or her educational training when he or she:
7 (1) is engaged in a State-approved course in
8 acupuncture, as provided in this Act;
9 (2) is a graduate of a school of acupuncture and
10 participating in a postgraduate training program;
11 (3) is a graduate of a school of acupuncture and
12 participating in a review course in preparation for taking
13 the National Certification Commission for Acupuncture and
14 Oriental Medicine examination; or
15 (4) is participating in a State-approved continuing
16 education course offered through a State-approved
17 provider.
18 Students attending schools of acupuncture, and
19professional acupuncturists who are not licensed in Illinois,
20may engage in the practice of the application of acupuncture
21techniques in conjunction with their education as provided in
22this Act, but may not open an office, appoint a place to meet
23private patients, consult with private patients, or otherwise
24engage in the practice of acupuncture beyond what is required
25in conjunction with their education.
26(Source: P.A. 92-70, eff. 7-12-01.)

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1 (225 ILCS 2/60)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 60. Exhibition of license upon request; change of
4address. A licensee shall, whenever requested, exhibit his or
5her license to any representative of the Department and shall
6notify the Department of the address or addresses, and of every
7change of address, where the licensee practices acupuncture.
8(Source: P.A. 95-450, eff. 8-27-07.)
9 (225 ILCS 2/70)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 70. Renewal, reinstatement, or restoration of
12license; continuing education; military service. The
13expiration date and renewal period for each license issued
14under this Act shall be set by rule. The holder of a license
15may renew that license during the month preceding its
16expiration date by paying the required fee.
17 In order to renew or restore a license, applicants shall
18provide proof of having met the requirements of continuing
19education set forth in the rules of the Department. Continuing
20education sponsors approved by the Department may not use an
21individual to engage in clinical demonstration, unless that
22individual is actively licensed under this Act or licensed by
23another state or country as set forth in Section 20.1 of this
24Act.

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1 A person who has permitted his or her license to expire or
2who has had his or her license on inactive status may have the
3license restored by submitting an application to the
4Department, by meeting continuing education requirements, and
5by filing proof acceptable to the Department of fitness to have
6the license restored, which may include sworn evidence
7certifying to active practice in another jurisdiction
8satisfactory to the Department and by paying the required
9restoration fee. If the person has not maintained an active
10practice in another jurisdiction satisfactory to the
11Department, the Department shall determine, by an evaluation
12program established by rule, his or her fitness to resume
13active status and may require the person to complete a period
14of evaluated clinical experience and may require successful
15completion of a practical examination.
16 Any acupuncturist whose license expired while he or she was
17(1) in federal service on active duty with the Armed Forces of
18the United States or the State Militia called into service or
19training or (2) in training or education under the supervision
20of the United States preliminary to induction into the military
21service, however, may have his or her license registration
22restored without paying any lapsed renewal fees if within 2
23years after honorable termination of service, training, or
24education, he or she furnishes the Department with satisfactory
25evidence that he or she has been so engaged and that his or her
26service, training, or education has been terminated.

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1(Source: P.A. 95-450, eff. 8-27-07.)
2 (225 ILCS 2/105)
3 (Section scheduled to be repealed on January 1, 2018)
4 Sec. 105. Unlicensed practice; civil penalty.
5 (a) A person who practices, offers to practice, attempts to
6practice, or holds himself or herself out to practice as a
7licensed acupuncturist without being licensed under this Act
8shall, in addition to any other penalty provided by law, pay a
9civil penalty to the Department in an amount not to exceed
10$10,000 for each offense as determined by the Department. The
11civil penalty shall be assessed by the Department after a
12hearing is held in accordance with the provisions set forth in
13this Act regarding the provision of a hearing for the
14discipline of a licensee.
15 (b) The Department has the authority and power to
16investigate any and all unlicensed activity.
17 (c) The civil penalty shall be paid within 60 days after
18the effective date of the order imposing the civil penalty. The
19order shall constitute a judgment and may be filed and
20execution had thereon in the same manner as any judgment from
21any court of record.
22(Source: P.A. 95-450, eff. 8-27-07.)
23 (225 ILCS 2/110)
24 (Section scheduled to be repealed on January 1, 2018)

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1 Sec. 110. Grounds for disciplinary action.
2 (a) The Department may refuse to issue or to renew, place
3on probation, suspend, revoke or take other disciplinary or
4non-disciplinary action as deemed appropriate including the
5imposition of fines not to exceed $10,000 for each violation,
6as the Department may deem proper, with regard to a license for
7any one or combination of the following causes:
8 (1) Violations of this the Act or its rules.
9 (2) Conviction by or plea of guilty or nolo contendere,
10 finding of guilt, jury verdict, or entry of judgment or
11 sentencing, including, but not limited to, convictions,
12 preceding sentences of supervision, conditional discharge,
13 or first offender probation, under the laws of any
14 jurisdiction of the United States that is of any crime
15 under the laws of the United States or any state or
16 territory thereof that is (i) a felony or (ii) a
17 misdemeanor, an essential element of which is dishonesty or
18 that is directly related to the practice of the profession.
19 (3) Making any misrepresentation for the purpose of
20 obtaining a license.
21 (4) Aiding or assisting another person in violating any
22 provision of this Act or its rules.
23 (5) Failing to provide information within 60 days in
24 response to a written request made by the Department which
25 has been sent by certified or registered mail to the
26 licensee's last known address of record or by email to the

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1 licensee's email address of record.
2 (6) Discipline by another U.S. jurisdiction or foreign
3 nation, if at least one of the grounds for the discipline
4 is the same or substantially equivalent to one set forth in
5 this Section.
6 (7) Solicitation of professional services by means
7 other than permitted under this Act.
8 (8) Failure to provide a patient with a copy of his or
9 her record upon the written request of the patient.
10 (9) Gross negligence in the practice of acupuncture.
11 (10) Habitual or excessive use or addiction to alcohol,
12 narcotics, stimulants, or any other chemical agent or drug
13 that results in an acupuncturist's inability to practice
14 with reasonable judgment, skill, or safety.
15 (11) A finding that licensure has been applied for or
16 obtained by fraudulent means.
17 (12) A pattern of practice or other behavior that
18 demonstrates incapacity or incompetence to practice under
19 this Act.
20 (13) Being named as a perpetrator in an indicated
21 report by the Department of Children and Family Services
22 under the Abused and Neglected Child Reporting Act and upon
23 proof by clear and convincing evidence that the licensee
24 has caused a child to be an abused child or a neglected
25 child as defined in the Abused and Neglected Child
26 Reporting Act.

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1 (14) Willfully Wilfully failing to report an instance
2 of suspected child abuse or neglect as required by the
3 Abused and Neglected Child Reporting Act.
4 (15) The use of any words, abbreviations, figures or
5 letters (such as "Acupuncturist", "Licensed
6 Acupuncturist", "Certified Acupuncturist", "Doctor of
7 Acupuncture and Chinese Medicine", "Doctor of Acupuncture
8 and Oriental Medicine", "Doctor of Acupuncture", "Oriental
9 Medicine Practitioner", "Licensed Oriental Medicine
10 Practitioner", "Oriental Medicine Doctor", "Licensed
11 Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.", or
12 "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any
13 designation used by the Accreditation Commission for
14 Acupuncture and Oriental Medicine with the intention of
15 indicating practice as a licensed acupuncturist without a
16 valid license as an acupuncturist issued under this Act.
17 When the name of the licensed acupuncturist is used
18 professionally in oral, written, or printed announcements,
19 professional cards, or publications for the information of
20 the public, the degree title or degree abbreviation shall
21 be added immediately following title and name. When the
22 announcement, professional card, or publication is in
23 writing or in print, the explanatory addition shall be in
24 writing, type, or print not less than 1/2 the size of that
25 used in the name and title. No person other than the holder
26 of a valid existing license under this Act shall use the

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1 title and designation of "acupuncturist", either directly
2 or indirectly, in connection with his or her profession or
3 business.
4 (16) Using claims of superior quality of care to entice
5 the public or advertising fee comparisons of available
6 services with those of other persons providing acupuncture
7 services.
8 (17) Advertising of professional services that the
9 offeror of the services is not licensed to render.
10 Advertising of professional services that contains false,
11 fraudulent, deceptive, or misleading material or
12 guarantees of success, statements that play upon the vanity
13 or fears of the public, or statements that promote or
14 produce unfair competition.
15 (18) Having treated ailments of human beings other than
16 by the practice of acupuncture as defined in this Act, or
17 having treated ailments of human beings as a licensed
18 acupuncturist pursuant to a referral by written order that
19 provides for management of the patient by a physician or
20 dentist without having notified the physician or dentist
21 who established the diagnosis that the patient is receiving
22 acupuncture treatments treatment.
23 (19) Unethical, unauthorized, or unprofessional
24 conduct as defined by rule.
25 (20) Physical illness, mental illness, or other
26 impairment that results in the inability to practice the

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1 profession with reasonable judgment, skill, and safety,
2 including, without limitation, deterioration through the
3 aging process, mental illness, or disability.
4 (21) Violation of the Health Care Worker Self-Referral
5 Act.
6 (22) Failure to refer a patient whose condition should,
7 at the time of evaluation or treatment, be determined to be
8 beyond the scope of practice of the acupuncturist to a
9 licensed physician or dentist.
10 The entry of an order by a circuit court establishing that
11any person holding a license under this Act is subject to
12involuntary admission or judicial admission as provided for in
13the Mental Health and Developmental Disabilities Code operates
14as an automatic suspension of that license. That person may
15have his or her license restored only upon the determination by
16a circuit court that the patient is no longer subject to
17involuntary admission or judicial admission and the issuance of
18an order so finding and discharging the patient and upon the
19Board's recommendation to the Department that the license be
20restored. Where the circumstances so indicate, the Board may
21recommend to the Department that it require an examination
22prior to restoring a suspended license.
23 The Department may refuse to issue or renew the license of
24any person who fails to (i) file a return or to pay the tax,
25penalty or interest shown in a filed return or (ii) pay any
26final assessment of the tax, penalty, or interest as required

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1by any tax Act administered by the Illinois Department of
2Revenue, until the time that the requirements of that tax Act
3are satisfied.
4 In enforcing this Section, the Department or Board upon a
5showing of a possible violation may compel an individual
6licensed to practice under this Act, or who has applied for
7licensure under this Act, to submit to a mental or physical
8examination, or both, as required by and at the expense of the
9Department. The Department or Board may order the examining
10physician to present testimony concerning the mental or
11physical examination of the licensee or applicant. No
12information shall be excluded by reason of any common law or
13statutory privilege relating to communications between the
14licensee or applicant and the examining physician. The
15examining physicians shall be specifically designated by the
16Board or Department. The individual to be examined may have, at
17his or her own expense, another physician of his or her choice
18present during all aspects of this examination. Failure of an
19individual to submit to a mental or physical examination, when
20directed, shall be grounds for suspension of his or her license
21until the individual submits to the examination if the
22Department finds, after notice and hearing, that the refusal to
23submit to the examination was without reasonable cause.
24 If the Department or Board finds an individual unable to
25practice because of the reasons set forth in this Section, the
26Department or Board may require that individual to submit to

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1care, counseling, or treatment by physicians approved or
2designated by the Department or Board, as a condition, term, or
3restriction for continued, restored reinstated, or renewed
4licensure to practice; or, in lieu of care, counseling, or
5treatment, the Department may file, or the Board may recommend
6to the Department to file, a complaint to immediately suspend,
7revoke, or otherwise discipline the license of the individual.
8An individual whose license was granted, continued, restored
9reinstated, renewed, disciplined or supervised subject to such
10terms, conditions, or restrictions, and who fails to comply
11with such terms, conditions, or restrictions, shall be referred
12to the Secretary for a determination as to whether the
13individual shall have his or her license suspended immediately,
14pending a hearing by the Department.
15 In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that person's
17license must be convened by the Department within 30 days after
18the suspension and completed without appreciable delay. The
19Department and Board shall have the authority to review the
20subject individual's record of treatment and counseling
21regarding the impairment to the extent permitted by applicable
22federal statutes and regulations safeguarding the
23confidentiality of medical records.
24 An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate to
26the Department or Board that he or she can resume practice in

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1compliance with acceptable and prevailing standards under the
2provisions of his or her license.
3(Source: P.A. 95-450, eff. 8-27-07.)
4 (225 ILCS 2/120)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 120. Checks or orders to Department dishonored because
7of insufficient funds. Any person who issues or delivers a
8check or other order to the Department that is not honored on 2
9occasions by the financial institution upon which it is drawn
10because of insufficient funds on account, the account is
11closed, or a stop payment has been placed on the check or order
12shall pay to the Department, in addition to the amount owing
13upon the check or other order, a fee of $50. If the check or
14other order was issued or delivered in payment of a renewal or
15issuance fee and the person whose license registration has
16lapsed continues to practice acupuncture without paying the
17renewal or issuance fee and the required $50 fee under this
18Section, an additional fee of $100 shall be imposed. The fees
19imposed by this Section are in addition to any other
20disciplinary provision under this Act prohibiting practice on
21an expired or non-renewed license registration. The Department
22shall mail a registration renewal form to each registrant 60
23days before the expiration of the registrant's current
24registration. The Department shall notify a person whose
25registration has lapsed, within 30 days after the discovery of

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1the lapse, that the individual is engaged in the unauthorized
2practice of acupuncture and of the amount due to the Department
3which shall include the lapsed renewal fee and all other fees
4required by this Section. If after the expiration of 30 days
5from the date of the notification a person whose license
6registration has lapsed seeks a current license registration,
7he or she shall thereafter apply to the Department for
8restoration of the license registration and pay all fees due to
9the Department. The Department may establish a fee for the
10processing of an application for restoration of a license
11registration that allows the Department to pay all costs and
12expenses incident to the processing of this application. The
13Secretary may waive the fees due under this Section in
14individual cases where he or she finds that the fees would be
15unreasonably or unnecessarily burdensome.
16(Source: P.A. 95-450, eff. 8-27-07.)
17 (225 ILCS 2/130)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 130. Injunctions; criminal offenses; cease and desist
20order.
21 (a) If any person violates the provisions of this Act, the
22Secretary may, in the name of the People of the State of
23Illinois, through the Attorney General of the State of Illinois
24or the State's Attorney for any county in which the action is
25brought, petition for an order enjoining the violation or for

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1an order enforcing compliance with this Act. Upon the filing of
2a verified petition in court, the court may issue a temporary
3restraining order, without notice or condition, and may
4preliminarily and permanently enjoin the violation. If it is
5established that the person has violated or is violating the
6injunction, the court Court may punish the offender for
7contempt of court. Proceedings under this Section shall be in
8addition to, and not in lieu of, all other remedies and
9penalties provided by this Act.
10 (b) Whenever in the opinion of the Department a person
11violates a provision of this Act, the Department may issue a
12rule to show cause why an order to cease and desist should not
13be entered against that person. The rule shall clearly set
14forth the grounds relied upon by the Department and shall allow
15at least 7 days from the date of the rule to file an answer to
16the satisfaction of the Department. Failure to answer to the
17satisfaction of the Department shall cause an order to cease
18and desist to be issued immediately.
19 (c) Other than as provided in Section 20 of this Act, if
20any person practices as an acupuncturist or holds himself or
21herself out as a licensed acupuncturist under this Act without
22being issued a valid existing license by the Department, then
23any licensed acupuncturist, any interested party, or any person
24injured thereby may, in addition to the Secretary, petition for
25relief as provided in subsection (a) of this Section.
26(Source: P.A. 95-450, eff. 8-27-07.)

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1 (225 ILCS 2/140)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 140. Investigation; notice; hearing. Licenses may be
4refused, revoked, suspended, or otherwise disciplined in the
5manner provided by this Act and not otherwise. The Department
6may upon its own motion or upon the complaint of any person
7setting forth facts that if proven would constitute grounds for
8refusal to issue or renew or for suspension, revocation, or
9other disciplinary action under this Act, investigate the
10actions of a person applying for, holding, or claiming to hold
11a license. The Department shall, before refusing to issue or
12renew, suspending, revoking, or taking other disciplinary
13action regarding a license or taking other discipline pursuant
14to Section 110 of this Act, and at least 30 days prior to the
15date set for the hearing, notify in writing the applicant or
16licensee of any charges made, shall afford the applicant or
17licensee an opportunity to be heard in person or by counsel in
18reference to the charges, and direct the applicant or licensee
19to file a written answer to the Department under oath within 20
20days after the service of the notice and inform the applicant
21or licensee that failure to file an answer will result in
22default being taken against the applicant or licensee and that
23the license may be suspended, revoked, placed on probationary
24status, or other disciplinary action may be taken, including
25limiting the scope, nature, or extent of practice, as the

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1Secretary may deem proper. Written notice may be served by: (1)
2personal delivery to the applicant or licensee; or by (2)
3mailing the notice by registered or certified mail to his or
4her address of record last known place of residence or to the
5place of business last specified by the applicant or licensee
6in his or her last notification to the Department; or (3)
7sending notice via email to the applicant's or licensee's email
8address of record. If the person fails to file an answer after
9receiving notice, his or her license may, in the discretion of
10the Department, be suspended, revoked, or placed on
11probationary status or the Department may take whatever
12disciplinary action deemed proper, including limiting the
13scope, nature, or extent of the person's practice or the
14imposition of a fine, without a hearing, if the act or acts
15charged constitute sufficient grounds for such action under
16this Act. At the time and place fixed in the notice, the
17Department shall proceed to hearing of the charges and both the
18applicant or licensee and the complainant shall be afforded
19ample opportunity to present, in person or by counsel, any
20statements, testimony, evidence, and arguments that may be
21pertinent to the charges or to their defense. The Department
22may continue a hearing from time to time. If the Board is not
23sitting at the time and place fixed in the notice or at the
24time and place to which the hearing shall have been continued,
25the Department may continue the hearing for a period not to
26exceed 30 days.

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1(Source: P.A. 95-450, eff. 8-27-07.)
2 (225 ILCS 2/142 new)
3 Sec. 142. Confidentiality. All information collected by
4the Department in the course of an examination or investigation
5of a licensee or applicant, including, but not limited to, any
6complaint against a licensee filed with the Department and
7information collected to investigate any such complaint, shall
8be maintained for the confidential use of the Department and
9may not be disclosed. The Department may not disclose the
10information to anyone other than law enforcement officials,
11other regulatory agencies that have an appropriate regulatory
12interest as determined by the Secretary of the Department, or a
13party presenting a lawful subpoena to the Department.
14Information and documents disclosed to a federal, State,
15county, or local law enforcement agency may not be disclosed by
16the agency for any purpose to any other agency or person. A
17formal complaint filed by the Department against a licensee or
18applicant is a public record, except as otherwise prohibited by
19law.
20 (225 ILCS 2/152)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 152. Certification of record. The Department shall not
23be required to certify any a record to the court, file any
24answer in court, or otherwise appear in any court in a judicial

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1review proceeding, unless and until the Department has received
2from the plaintiff payment of the costs of furnishing and
3certifying the record, which costs shall be determined by the
4Department. Exhibits shall be certified without cost there is
5filed in the court with the complaint a receipt from the
6Department acknowledging payment of the costs of furnishing and
7certifying the record. Failure on the part of the plaintiff to
8file a receipt in court shall be grounds for dismissal of the
9action.
10(Source: P.A. 90-61, eff. 7-3-97.)
11 (225 ILCS 2/160)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 160. Findings of facts, conclusions of law, and
14recommendations. At the conclusion of the hearing, the Board
15shall present to the Secretary a written report of its findings
16of fact, conclusions of law, and recommendations. The report
17shall contain a finding whether or not the accused person
18violated this Act or failed to comply with the conditions
19required in this Act. The Board shall specify the nature of the
20violation or failure to comply and shall make its
21recommendations to the Secretary.
22 The report of findings of fact, conclusions of law, and
23recommendations of the Board may be the basis of the order of
24the Department. If the Secretary disagrees in any regard with
25the report of the Board, the Secretary may issue an order in

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1contravention of the report. The Secretary shall provide notice
2to the Board on any deviation and the reasons for the
3deviation. The finding is not admissible in evidence against
4the person in a criminal prosecution brought for the violation
5of this Act, but the hearing and findings are not a bar to a
6criminal prosecution brought for the violation of this Act.
7(Source: P.A. 95-450, eff. 8-27-07.)
8 (225 ILCS 2/170)
9 (Section scheduled to be repealed on January 1, 2018)
10 Sec. 170. Service of report; rehearing; order. In any case
11involving the refusal to issue or renew a license or the
12discipline of a license, a copy of the Board's hearing
13officer's report shall be served upon the respondent by the
14Department, either personally or as provided in this Act for
15the service of the notice of hearing. Within 20 days after the
16service, the respondent may present to the Department a motion
17in writing for a rehearing that shall specify the particular
18grounds for rehearing. If no motion for rehearing is filed,
19then upon the expiration of the time specified for filing such
20a motion, or if a motion for rehearing is denied, then upon the
21denial the Secretary may enter an order in accordance with
22recommendations of the Board, except as provided in Section 175
23of this Act. If the respondent orders from the reporting
24service office and pays for a transcript of the record within
25the time for filing a motion for rehearing, the 20-day 20 day

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1period within which the motion may be filed shall commence upon
2the delivery of the transcript to the respondent.
3(Source: P.A. 95-450, eff. 8-27-07.)
4 (225 ILCS 2/175)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 175. Substantial justice to be done; rehearing.
7Whenever the Secretary is satisfied that substantial justice
8has not been done in the revocation, suspension, or refusal to
9issue, restore, or renew discipline of a license, or other
10discipline of an applicant or licensee, the Secretary may order
11a rehearing by the same or other examiners another hearing
12officer.
13(Source: P.A. 95-450, eff. 8-27-07.)
14 (225 ILCS 2/190)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 190. Surrender of license registration. Upon the
17revocation or suspension of any license registration, the
18licensee registrant shall immediately surrender the license
19registration certificate to the Department. If the licensee
20registrant fails to do so, the Department shall have the right
21to seize the license registration certificate.
22(Source: P.A. 95-450, eff. 8-27-07.)
23 (225 ILCS 2/200)

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1 (Section scheduled to be repealed on January 1, 2018)
2 Sec. 200. Review under Administrative Review Law. All final
3administrative decisions of the Department are subject to
4judicial review under the Administrative Review Law and all
5rules adopted under the Administrative Review Law. The term
6"administrative decision" is defined as in Section 3-101 of the
7Code of Civil Procedure.
8 Proceedings for judicial review shall be commenced in the
9circuit court of the county in which the party applying for
10review resides; however, if the party is not a resident of this
11State, the venue shall be Sangamon County.
12(Source: P.A. 89-706, eff. 1-31-97.)
13 (225 ILCS 2/90 rep.)
14 Section 15. The Acupuncture Practice Act is amended by
15repealing Section 90.
16 Section 99. Effective date. This Act takes effect upon
17becoming law.
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