Bill Text: IL HB2630 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 36-4)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0375 [HB2630 Detail]
Download: Illinois-2017-HB2630-Enrolled.html
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 36-4)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0375 [HB2630 Detail]
Download: Illinois-2017-HB2630-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.28 and by adding Section 4.38 as follows:
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6 | (5 ILCS 80/4.28) | ||||||
7 | Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||||
8 | Acts are
repealed on January 1, 2018: | ||||||
9 | The Illinois Petroleum Education and Marketing Act.
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10 | The Podiatric Medical Practice Act of 1987. | ||||||
11 | The Acupuncture Practice Act. | ||||||
12 | The Illinois Speech-Language Pathology and Audiology | ||||||
13 | Practice Act. | ||||||
14 | The Interpreter for the Deaf Licensure Act of 2007. | ||||||
15 | The Nurse Practice Act. | ||||||
16 | The Clinical Social Work and Social Work Practice Act. | ||||||
17 | The Pharmacy Practice Act. | ||||||
18 | The Home Medical Equipment and Services Provider License | ||||||
19 | Act. | ||||||
20 | The Marriage and Family Therapy Licensing Act. | ||||||
21 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
22 | Act. | ||||||
23 | The Physician Assistant Practice Act of 1987. |
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1 | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||||||
2 | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||||||
3 | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||||||
4 | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||||||
5 | 96-328, eff. 8-11-09.)
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6 | (5 ILCS 80/4.38 new) | ||||||
7 | Sec. 4.38. Act repealed on January 1, 2028. The following | ||||||
8 | Act is repealed on January 1, 2028: | ||||||
9 | The Acupuncture Practice Act.
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10 | Section 10. The Acupuncture Practice Act is amended by | ||||||
11 | changing Sections 5, 10, 15, 20, 20.1, 25, 30, 35, 40, 50, 60, | ||||||
12 | 70, 105, 110, 120, 130, 140, 152, 160, 170, 175, 190, and 200 | ||||||
13 | and by adding Sections 12, 20.2, and 142 as follows:
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14 | (225 ILCS 2/5)
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15 | (Section scheduled to be repealed on January 1, 2018)
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16 | Sec. 5. Objects and purpose. The practice of acupuncture in | ||||||
17 | the State of Illinois is hereby declared to affect the public
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18 | health, safety, and welfare and to be subject to regulation and
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19 | control in the public interest. It is further declared to be a
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20 | matter of public interest and concern that the practice of
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21 | acupuncture as defined in this Act merit and receive the | ||||||
22 | confidence
of the public, and that only qualified persons , as | ||||||
23 | set forth by this Act, be authorized to
practice acupuncture in |
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1 | the State of Illinois. This Act shall be
liberally construed to | ||||||
2 | best carry out these subjects and purposes.
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3 | (Source: P.A. 89-706, eff. 1-31-97 .)
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4 | (225 ILCS 2/10)
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5 | (Section scheduled to be repealed on January 1, 2018)
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6 | Sec. 10. Definitions. As used in this Act:
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7 | "Acupuncture" means the evaluation or treatment that is | ||||||
8 | effected by stimulating of persons affected
through a method of | ||||||
9 | stimulation of a certain body points point or points on or | ||||||
10 | immediately
below the surface of
the body by the insertion of | ||||||
11 | pre-sterilized, single-use, disposable needles,
unless | ||||||
12 | medically contraindicated . "Acupuncture" includes, but is not | ||||||
13 | limited to, stimulation that may be effected by , with or | ||||||
14 | without the application of heat, including far infrared, or | ||||||
15 | cold, electricity, electro or magnetic
electronic stimulation, | ||||||
16 | cold laser, vibration, cupping, gua sha, or manual pressure , or | ||||||
17 | other methods, with or without the concurrent use of needles,
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18 | to prevent or modify the perception of
pain, to normalize | ||||||
19 | physiological functions, or for the
treatment of certain | ||||||
20 | diseases or dysfunctions of the body and includes the | ||||||
21 | determination of a care regimen or treatment protocol according | ||||||
22 | to traditional East Asian principles and activities referenced | ||||||
23 | in Section 15 of this Act for which a written referral is not | ||||||
24 | required. In accordance with this Section, the practice known | ||||||
25 | as dry needling or intramuscular manual stimulation, or similar |
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1 | wording intended to describe such practice, is determined to be | ||||||
2 | within the definition, scope, and practice of acupuncture. | ||||||
3 | Acupuncture also includes evaluation or treatment in | ||||||
4 | accordance with traditional and modern practices of East Asian | ||||||
5 | medical theory, including, but not limited to, moxibustion, | ||||||
6 | herbal medicinals, natural or dietary supplements, manual | ||||||
7 | methods, exercise, and diet to prevent or modify the perception | ||||||
8 | of pain, to normalize physiological functions, or for the | ||||||
9 | treatment of diseases or dysfunctions of the body and includes | ||||||
10 | activities referenced in Section 15 of this Act for which a | ||||||
11 | written referral is not required.
Acupuncture does not include | ||||||
12 | radiology, electrosurgery, chiropractic technique,
physical | ||||||
13 | therapy, naprapathic technique, use or prescribing of any | ||||||
14 | pharmaceuticals, drugs,
medications, herbal preparations, | ||||||
15 | nutritional supplements, serums, or vaccines,
or determination | ||||||
16 | of a differential
diagnosis.
An acupuncturist licensed
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17 | registered under this Act who is not also licensed as a | ||||||
18 | physical therapist
under
the Illinois Physical Therapy Act | ||||||
19 | shall not hold himself or herself out as
being qualified to | ||||||
20 | provide physical therapy or physiotherapy services.
An
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21 | acupuncturist shall refer to a licensed physician or dentist, | ||||||
22 | any
patient whose condition should, at the time of evaluation | ||||||
23 | or treatment,
be determined to be beyond the scope of practice | ||||||
24 | of the acupuncturist.
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25 | "Acupuncturist" means a person who practices acupuncture | ||||||
26 | in all its forms, including traditional and modern practices in |
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1 | both teachings and delivery,
and who is licensed by the | ||||||
2 | Department. An acupuncturist shall refer to a licensed | ||||||
3 | physician or dentist any patient whose condition should, at the | ||||||
4 | time of evaluation or treatment, be determined to be beyond the | ||||||
5 | scope of practice of the acupuncturist.
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6 | "Address of record" means the designated address recorded | ||||||
7 | by the Department in the applicant's or licensee's application | ||||||
8 | file or license file as maintained by the Department's | ||||||
9 | licensure maintenance unit. | ||||||
10 | "Board" means the Board of Acupuncture appointed by the | ||||||
11 | Secretary .
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12 | "Dentist" means a person licensed under the Illinois Dental | ||||||
13 | Practice Act.
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14 | "Department" means the Department of Financial and
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15 | Professional
Regulation.
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16 | "Email address of record" means the designated email | ||||||
17 | address recorded by the Department in the applicant's | ||||||
18 | application file or the licensee's license file as maintained | ||||||
19 | by the Department's licensure maintenance unit. | ||||||
20 | "Physician" means a person licensed under the Medical | ||||||
21 | Practice Act of 1987.
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22 | "Referral by written order" for purposes of this Act means | ||||||
23 | a
diagnosis, substantiated by signature of a physician or | ||||||
24 | dentist, identifying a
patient's condition and recommending | ||||||
25 | treatment by acupuncture as defined in
this Act. The diagnosis | ||||||
26 | shall remain in effect until changed by the physician
or |
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1 | dentist who may, through express direction in the referral, | ||||||
2 | maintain management of the patient.
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3 | "Secretary" means the Secretary of Financial and | ||||||
4 | Professional Regulation.
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5 | "State" includes:
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6 | (1) the states of the United States of America;
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7 | (2) the District of Columbia; and
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8 | (3) the Commonwealth of Puerto Rico.
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9 | (Source: P.A. 95-450, eff. 8-27-07.)
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10 | (225 ILCS 2/12 new) | ||||||
11 | Sec. 12. Address of record; email address of record. All | ||||||
12 | applicants 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.
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21 | (225 ILCS 2/15)
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22 | (Section scheduled to be repealed on January 1, 2018)
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23 | Sec. 15. Who may practice acupuncture. No person licensed | ||||||
24 | under this
Act
may
treat human ailments otherwise than by the |
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1 | practice of acupuncture as defined
in this Act and shall only | ||||||
2 | practice acupuncture consistent with the education and | ||||||
3 | certifications obtained pursuant to the requirements set forth | ||||||
4 | in this Act . A physician or dentist licensed in
Illinois may | ||||||
5 | practice acupuncture in accordance with his or her training | ||||||
6 | pursuant to this Act or the Medical Practice Act of 1987 . A | ||||||
7 | physician or a dentist may refer by written order a patient to | ||||||
8 | an acupuncturist for the practice of acupuncture as defined in | ||||||
9 | this Act and may, through express direction in the referral, | ||||||
10 | maintain management of the patient. Nothing in this Act shall | ||||||
11 | be construed to require a referral of a patient to an | ||||||
12 | acupuncturist for evaluation and treatment based on | ||||||
13 | acupuncture principles and techniques as taught by schools | ||||||
14 | accredited by the Accreditation Commission for Acupuncture and | ||||||
15 | Oriental Medicine or a similar accrediting body approved by the | ||||||
16 | Department. An acupuncturist shall refer to a licensed | ||||||
17 | physician or dentist, any patient whose condition should, at | ||||||
18 | the time of evaluation or treatment, be determined to be beyond | ||||||
19 | the scope of practice of the acupuncturist.
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20 | Nothing in this Act regarding the use of dietary | ||||||
21 | supplements or herbs shall be construed to prohibit a person | ||||||
22 | licensed in this State under any other Act from engaging in the | ||||||
23 | practice for which he or she is licensed. | ||||||
24 | (Source: P.A. 93-999, eff. 8-23-04 .)
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25 | (225 ILCS 2/20)
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1 | (Section scheduled to be repealed on January 1, 2018)
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2 | Sec. 20. Exempt activities. This
Act does not prohibit
any | ||||||
3 | person licensed in this State as a dentist or physician
from | ||||||
4 | engaging in the practice for which he or
she is licensed.
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5 | (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97 .)
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6 | (225 ILCS 2/20.1)
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7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 20.1. Guest instructors of acupuncture; professional | ||||||
9 | education. The provisions of this Act
do not prohibit an | ||||||
10 | acupuncturist from another state or country, who is not
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11 | licensed under this Act and who is an invited guest of a | ||||||
12 | professional
acupuncture association or scientific acupuncture | ||||||
13 | foundation or an acupuncture training program or continuing | ||||||
14 | education provider approved by the Department under this
Act, | ||||||
15 | from engaging in professional education through lectures, | ||||||
16 | clinics, or
demonstrations, provided that the acupuncturist is | ||||||
17 | currently licensed in another state or country and his or her | ||||||
18 | license is active and has not been disciplined, or he or she is | ||||||
19 | currently certified in good standing as an acupuncturist by the | ||||||
20 | National Certification Commission for Acupuncture and Oriental | ||||||
21 | Medicine or similar body approved by the Department . | ||||||
22 | Licensees under this Act may engage in professional | ||||||
23 | education through lectures, clinics, or demonstrations as an | ||||||
24 | invited guest of a professional acupuncture association or | ||||||
25 | scientific acupuncture foundation or an acupuncture training |
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1 | program or continuing education provider approved by the | ||||||
2 | Department under this Act. The Department may, but is not | ||||||
3 | required to, establish rules concerning this Section.
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4 | (Source: P.A. 95-450, eff. 8-27-07; 96-255, eff. 8-11-09; | ||||||
5 | 96-483, eff. 8-14-09.)
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6 | (225 ILCS 2/20.2 new) | ||||||
7 | Sec. 20.2. Guest practitioners of acupuncture. The | ||||||
8 | provisions of this Act do not prohibit an acupuncturist from | ||||||
9 | another state or country who is not licensed under the Act from | ||||||
10 | practicing in Illinois during a state of emergency as declared | ||||||
11 | by the Governor of Illinois, provided that the acupuncturist is | ||||||
12 | currently licensed in another state or country and his or her | ||||||
13 | license is active and has not been disciplined, or he or she is | ||||||
14 | certified by the National Certification Commission for | ||||||
15 | Acupuncture and Oriental Medicine or similar body approved by | ||||||
16 | the Department. Such practice is limited to the time period | ||||||
17 | during which the declared state of emergency is in effect and | ||||||
18 | may not exceed 2 consecutive weeks or a total of 30 days in one | ||||||
19 | calendar year.
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20 | (225 ILCS 2/25)
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21 | (Section scheduled to be repealed on January 1, 2018)
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22 | Sec. 25. Powers and duties of Department. The Department
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23 | shall exercise powers and duties under this Act as
follows:
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24 | (1) Review applications to ascertain the |
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1 | qualifications of
applicants for licensure.
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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
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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.
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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.
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14 | (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97 .)
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15 | (225 ILCS 2/30)
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16 | (Section scheduled to be repealed on January 1, 2018)
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17 | Sec. 30. Illinois Administrative Procedure Act. The | ||||||
18 | Illinois
Administrative Procedure Act is hereby expressly | ||||||
19 | adopted and incorporated herein as if all of the provisions of | ||||||
20 | that Act were included in this Act, except that the provision | ||||||
21 | of subsection (d) of Section 10-65 of the Illinois | ||||||
22 | Administrative Procedure Act, which provides that at hearings | ||||||
23 | the licensee has the right to show compliance with all lawful | ||||||
24 | requirements for retention or continuation or renewal of the | ||||||
25 | license, is specifically excluded. For the purposes of this |
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1 | Act, the notice required under Section 10-25 of the Illinois | ||||||
2 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
3 | to the address of record.
shall apply to all administrative | ||||||
4 | rules and procedures of the Department under
this Act, except | ||||||
5 | that in the case of a conflict between the Illinois
| ||||||
6 | Administrative Procedure Act and this Act, the provisions of | ||||||
7 | this Act shall
control.
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8 | (Source: P.A. 89-706, eff. 1-31-97 .)
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9 | (225 ILCS 2/35)
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10 | (Section scheduled to be repealed on January 1, 2018)
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11 | Sec. 35. Board of Acupuncture. The Secretary shall appoint | ||||||
12 | a Board of
Acupuncture to
consist of 7 persons who shall be | ||||||
13 | appointed by and shall serve in an advisory
capacity to the | ||||||
14 | Secretary. Four members must hold an active license to engage | ||||||
15 | in
the practice of acupuncture in this State, one member shall | ||||||
16 | be a chiropractic
physician licensed under the Medical Practice | ||||||
17 | Act of 1987 who is actively
engaged in the practice of | ||||||
18 | acupuncture, one member shall be a physician
licensed to | ||||||
19 | practice medicine in all of its branches in Illinois, and one
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20 | member must be a member of the public who is not licensed under | ||||||
21 | this
Act or a
similar Act of another jurisdiction and who has | ||||||
22 | no connection with the
profession.
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23 | Members shall serve 4-year terms and until their successors | ||||||
24 | are appointed and
qualified. No member may be appointed to more | ||||||
25 | than 2 consecutive full terms shall
be reappointed to the Board |
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1 | for a term that would cause his or her continuous
service on | ||||||
2 | the Board to be longer than 8 consecutive years . Appointments | ||||||
3 | to
fill vacancies shall be made in the same manner as original | ||||||
4 | appointments for
the unexpired portion of the vacated term. | ||||||
5 | Initial terms shall begin upon the
effective date of this | ||||||
6 | amendatory Act of 1997.
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7 | The Board may annually elect a chairperson and a | ||||||
8 | vice-chairperson who shall
preside in the absence of the | ||||||
9 | chairperson. The membership of the Board should
reasonably | ||||||
10 | reflect representation from the geographic areas in this State. | ||||||
11 | The
Secretary may terminate the appointment of any member for | ||||||
12 | cause.
The Secretary may give due consideration to all | ||||||
13 | recommendations of the Board. A
majority of the Board members | ||||||
14 | currently appointed shall constitute a quorum. A
vacancy in the | ||||||
15 | membership of the Board shall not impair the right of a quorum
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16 | to exercise the right and perform all the duties of the Board. | ||||||
17 | Members of the
Board shall have no liability in any action | ||||||
18 | based upon any disciplinary
proceeding or other activity | ||||||
19 | performed in good faith as a member of the
Board.
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20 | (Source: P.A. 95-450, eff. 8-27-07.)
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21 | (225 ILCS 2/40)
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22 | (Section scheduled to be repealed on January 1, 2018)
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23 | Sec. 40. Application for licensure. Applications for
| ||||||
24 | original
licensure as an acupuncturist shall be made to the
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25 | Department in writing on
forms
prescribed by the Department and |
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1 | shall be accompanied by the required fee,
which shall
not be | ||||||
2 | refundable.
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3 | Until December 31, 2001, applicants shall submit with the | ||||||
4 | application
proof of
passing the National Certification | ||||||
5 | Commission for Acupuncture and Oriental Medicine examination | ||||||
6 | or a
substantially equivalent examination approved by the | ||||||
7 | Department or meeting any
other qualifications established by | ||||||
8 | the Department.
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9 | The On and after January 1, 2002, the Department may shall | ||||||
10 | issue a license to an
applicant who submits with the | ||||||
11 | application 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
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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 | ||||||
2 | application to complete the application
process. If the process | ||||||
3 | has not been completed in 3 years, the application
shall be | ||||||
4 | denied, the fee shall be forfeited, and the applicant must | ||||||
5 | reapply and
meet the requirements in effect at the time of | ||||||
6 | reapplication.
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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 | ||||||
11 | issued, by the
Department, a valid, existing license as an | ||||||
12 | acupuncturist under this Act, no
person may use the title and | ||||||
13 | designation of "Acupuncturist", "Licensed
Acupuncturist", | ||||||
14 | "Certified Acupuncturist", "Doctor of Acupuncture and Chinese | ||||||
15 | Medicine", "Doctor of Acupuncture and Oriental Medicine", | ||||||
16 | "Doctor of Acupuncture", "Oriental Medicine Practitioner", | ||||||
17 | "Licensed Oriental Medicine Practitioner", "Oriental Medicine | ||||||
18 | Doctor", "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 | ||||||
21 | or her
profession or business. No person licensed under this | ||||||
22 | Act may use the
designation "medical", directly or indirectly, | ||||||
23 | in connection with his or her
profession or business. Nothing | ||||||
24 | shall prevent a physician from using the
designation | ||||||
25 | "Acupuncturist".
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1 | No person may practice, offer to practice, attempt to | ||||||
2 | practice, or hold
himself or herself out to practice as a | ||||||
3 | licensed acupuncturist without
being licensed under this Act.
| ||||||
4 | This Act does not prohibit a person from applying | ||||||
5 | acupuncture needles, modalities, or techniques as
part of his | ||||||
6 | or 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 | ||||||
19 | professional acupuncturists
who are not licensed in Illinois, | ||||||
20 | may engage in the practice of the application of acupuncture
| ||||||
21 | techniques in conjunction with their education as provided in | ||||||
22 | this Act, but
may not open an office, appoint a place to meet | ||||||
23 | private patients, consult with
private patients, or otherwise | ||||||
24 | engage in the practice of acupuncture beyond
what is required | ||||||
25 | in conjunction with their education.
| ||||||
26 | (Source: P.A. 92-70, eff. 7-12-01 .)
|
| |||||||
| |||||||
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
| ||||||
4 | address. A licensee shall, whenever
requested,
exhibit his or | ||||||
5 | her license to any
representative of the
Department
and shall | ||||||
6 | notify the Department of the address or addresses, and of
every | ||||||
7 | change 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
| ||||||
12 | license; continuing education; military service. The
| ||||||
13 | expiration date and renewal period
for each license issued | ||||||
14 | under this Act shall be set by
rule. The
holder of a license | ||||||
15 | may renew that license during the
month
preceding its | ||||||
16 | expiration date by paying the required fee.
| ||||||
17 | In order to renew or restore a license, applicants shall
| ||||||
18 | provide proof of having met the
requirements of continuing | ||||||
19 | education set forth in the
rules of the
Department. Continuing | ||||||
20 | education sponsors approved by the Department may not use an | ||||||
21 | individual to engage in clinical demonstration, unless that | ||||||
22 | individual is actively licensed under this Act or licensed by | ||||||
23 | another state or country as set forth in Section 20.1 of this | ||||||
24 | Act.
|
| |||||||
| |||||||
1 | A person who has permitted his or her license to expire or | ||||||
2 | who has had
his or her license on inactive status may have the | ||||||
3 | license restored by
submitting an application to the | ||||||
4 | Department, by meeting continuing education
requirements, and | ||||||
5 | by filing proof acceptable to the Department of fitness to
have | ||||||
6 | the license restored, which may include sworn evidence | ||||||
7 | certifying to
active practice in another jurisdiction | ||||||
8 | satisfactory to the Department and by
paying the required | ||||||
9 | restoration fee. If the person has not maintained an
active | ||||||
10 | practice in another jurisdiction satisfactory to the | ||||||
11 | Department, the
Department shall determine , by an evaluation | ||||||
12 | program established by rule, his
or her fitness to resume | ||||||
13 | active status and may require the person to complete a
period | ||||||
14 | of evaluated clinical experience and may require successful | ||||||
15 | completion
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 | ||||||
18 | the
United States or the State Militia called into service or | ||||||
19 | training
or (2) in training or education under the supervision | ||||||
20 | of the
United States preliminary to induction into the military | ||||||
21 | service,
however, may have his or her license registration | ||||||
22 | restored without paying any
lapsed renewal fees if within 2 | ||||||
23 | years after honorable termination
of service, training, or | ||||||
24 | education, he or she furnishes the
Department with satisfactory | ||||||
25 | evidence that he or she
has been so engaged and that his or her | ||||||
26 | service, training, or
education has been terminated.
|
| |||||||
| |||||||
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 | ||||||
6 | practice, or holds himself or herself out to
practice as
a
| ||||||
7 | licensed acupuncturist without being licensed under this Act | ||||||
8 | shall, in addition
to any other penalty provided by law, pay a | ||||||
9 | civil penalty to the Department in
an amount not to exceed | ||||||
10 | $10,000 for each offense as determined by the
Department. The | ||||||
11 | civil penalty shall be assessed by the Department after a
| ||||||
12 | hearing is held in accordance with the provisions set forth in | ||||||
13 | this Act
regarding the provision of a hearing for the | ||||||
14 | discipline of a licensee.
| ||||||
15 | (b) The Department has the authority and power to | ||||||
16 | investigate any and all unlicensed activity. | ||||||
17 | (c) The civil penalty shall be paid within 60 days after | ||||||
18 | the effective date of the order imposing the civil penalty. The | ||||||
19 | order shall constitute a judgment and may be filed and | ||||||
20 | execution had thereon in the same manner as any judgment from | ||||||
21 | any 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)
|
| |||||||
| |||||||
1 | Sec. 110. Grounds for disciplinary action.
| ||||||
2 | (a) The Department may refuse to issue or to renew, place | ||||||
3 | on probation,
suspend, revoke or take other disciplinary or | ||||||
4 | non-disciplinary action as deemed appropriate
including the | ||||||
5 | imposition of fines not to exceed $10,000 for each
violation,
| ||||||
6 | as the Department may deem proper,
with
regard to a license for | ||||||
7 | any 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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
11 | any person
holding a license under this Act is subject to | ||||||
12 | involuntary admission or
judicial admission as provided for in | ||||||
13 | the Mental Health and Developmental
Disabilities Code operates | ||||||
14 | as an automatic suspension of that license. That
person may | ||||||
15 | have his or her license restored only upon the determination by | ||||||
16 | a
circuit court that the patient is no longer subject to | ||||||
17 | involuntary admission or
judicial admission and the issuance of | ||||||
18 | an order so finding and discharging the
patient and upon the | ||||||
19 | Board's recommendation to the Department that the license
be | ||||||
20 | restored. Where the circumstances so indicate, the Board may | ||||||
21 | recommend to
the Department that it require an examination | ||||||
22 | prior to restoring a suspended
license.
| ||||||
23 | The Department may refuse to issue or renew the license
of | ||||||
24 | any person
who
fails to (i) file a return or to pay the tax,
| ||||||
25 | penalty or interest shown in a filed return or (ii) pay any | ||||||
26 | final
assessment of the tax, penalty, or interest as required |
| |||||||
| |||||||
1 | by any tax
Act administered by the Illinois Department of | ||||||
2 | Revenue, until the
time that the requirements of that tax Act | ||||||
3 | are satisfied.
| ||||||
4 | In enforcing this Section, the Department or Board upon a | ||||||
5 | showing of
a
possible
violation may compel an individual | ||||||
6 | licensed to practice under this Act, or
who has applied for | ||||||
7 | licensure under this Act, to submit
to a mental or physical | ||||||
8 | examination, or both, as required by and at the expense
of the | ||||||
9 | Department. The Department or Board may order the examining | ||||||
10 | physician to
present
testimony concerning the mental or | ||||||
11 | physical examination of the licensee or
applicant. No | ||||||
12 | information shall be excluded by reason of any common law or
| ||||||
13 | statutory privilege relating to communications between the | ||||||
14 | licensee or
applicant and the examining physician. The | ||||||
15 | examining
physicians
shall be specifically designated by the | ||||||
16 | Board or Department.
The individual to be examined may have, at | ||||||
17 | his or her own expense, another
physician of his or her choice | ||||||
18 | present during all
aspects of this examination. Failure of an | ||||||
19 | individual to submit to a mental
or
physical examination, when | ||||||
20 | directed, shall be grounds for suspension of his or
her
license | ||||||
21 | until the individual submits to the examination if the | ||||||
22 | Department
finds,
after notice and hearing, that the refusal to | ||||||
23 | submit to the examination was
without reasonable cause.
| ||||||
24 | If the Department or Board finds an individual unable to | ||||||
25 | practice because of
the
reasons
set forth in this Section, the | ||||||
26 | Department or Board may require that individual
to submit
to
|
| |||||||
| |||||||
1 | care, counseling, or treatment by physicians approved
or | ||||||
2 | designated by the Department or Board , as a condition, term, or | ||||||
3 | restriction
for continued,
restored reinstated , or
renewed | ||||||
4 | licensure to practice; or, in lieu of care, counseling, or | ||||||
5 | treatment,
the Department may file , or
the Board may recommend | ||||||
6 | to the Department to file, a complaint to immediately
suspend, | ||||||
7 | revoke, or otherwise discipline the license of the individual.
| ||||||
8 | An individual whose
license was granted, continued, restored | ||||||
9 | reinstated , renewed, disciplined or supervised
subject to such | ||||||
10 | terms, conditions, or restrictions, and who fails to comply
| ||||||
11 | with
such terms, conditions, or restrictions, shall be referred | ||||||
12 | to the Secretary for
a
determination as to whether the | ||||||
13 | individual shall have his or her license
suspended immediately, | ||||||
14 | pending a hearing by the Department.
| ||||||
15 | In instances in which the Secretary immediately suspends a | ||||||
16 | person's license
under this Section, a hearing on that person's | ||||||
17 | license must be convened by
the Department within 30 days after | ||||||
18 | the suspension and completed without
appreciable
delay.
The | ||||||
19 | Department and Board shall have the authority to review the | ||||||
20 | subject
individual's record of
treatment and counseling | ||||||
21 | regarding the impairment to the extent permitted by
applicable | ||||||
22 | federal statutes and regulations safeguarding the | ||||||
23 | confidentiality of
medical records.
| ||||||
24 | An individual licensed under this Act and affected under | ||||||
25 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
26 | the Department or Board that he or
she can resume
practice in |
| |||||||
| |||||||
1 | compliance with acceptable and prevailing standards under the
| ||||||
2 | provisions 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
| ||||||
7 | of insufficient funds. Any person who issues or delivers a | ||||||
8 | check
or other order to the Department that is not honored on 2 | ||||||
9 | occasions
by the financial institution upon which it is drawn | ||||||
10 | because of
insufficient funds on account, the account is | ||||||
11 | closed, or a stop
payment has been placed on the check or order | ||||||
12 | shall pay to the
Department, in addition to the amount owing | ||||||
13 | upon the check or other
order, a fee of $50. If the check or | ||||||
14 | other order was issued or
delivered in payment of a renewal or | ||||||
15 | issuance fee and the person
whose license registration has | ||||||
16 | lapsed continues to practice acupuncture without
paying the | ||||||
17 | renewal or issuance fee and the required $50 fee under
this | ||||||
18 | Section, an additional fee of $100 shall be imposed. The fees
| ||||||
19 | imposed by this Section are in addition to any other | ||||||
20 | disciplinary
provision under this Act prohibiting practice on | ||||||
21 | an expired or
non-renewed license registration. The Department
| ||||||
22 | shall mail a registration renewal form to each registrant 60 | ||||||
23 | days before the
expiration of the registrant's current | ||||||
24 | registration.
The Department shall notify a person whose
| ||||||
25 | registration has lapsed, within 30 days after the discovery of |
| |||||||
| |||||||
1 | the
lapse, that the individual is engaged in the unauthorized | ||||||
2 | practice
of acupuncture and of the amount due to the Department | ||||||
3 | which shall
include the lapsed renewal fee and all other fees | ||||||
4 | required by this
Section . If after the expiration of 30 days | ||||||
5 | from the date of the
notification a person whose license | ||||||
6 | registration has lapsed seeks a current license
registration , | ||||||
7 | he or she shall thereafter apply to the Department for
| ||||||
8 | restoration of the license registration and pay all fees due to | ||||||
9 | the Department.
The Department may establish a fee for the | ||||||
10 | processing of an
application for restoration of a license | ||||||
11 | registration that allows the Department
to pay all costs and | ||||||
12 | expenses incident to the processing of this
application. The | ||||||
13 | Secretary may waive the fees due under this
Section in | ||||||
14 | individual cases where he or she finds that the fees
would be | ||||||
15 | unreasonably 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
| ||||||
20 | order.
| ||||||
21 | (a) If any person violates the provisions of this Act, the | ||||||
22 | Secretary may, in the name of the People of the State of | ||||||
23 | Illinois,
through the Attorney General of the State of Illinois | ||||||
24 | or the
State's Attorney for any county in which the action is | ||||||
25 | brought,
petition for an order enjoining the violation or for |
| |||||||
| |||||||
1 | an order
enforcing compliance with this Act. Upon the filing of | ||||||
2 | a verified
petition in court, the court may issue a temporary | ||||||
3 | restraining
order, without notice or condition, and may | ||||||
4 | preliminarily and
permanently enjoin the violation. If it is | ||||||
5 | established that the
person has violated or is violating the | ||||||
6 | injunction, the court Court may
punish the offender for | ||||||
7 | contempt of court. Proceedings under this
Section shall be in | ||||||
8 | addition to, and not in lieu of, all other
remedies and | ||||||
9 | penalties provided by this Act.
| ||||||
10 | (b) Whenever in the opinion of the Department a person | ||||||
11 | violates a
provision of this Act, the Department may issue a | ||||||
12 | rule to show cause why an
order to cease and desist should not | ||||||
13 | be entered against that person. The rule
shall clearly set | ||||||
14 | forth the grounds relied upon by the Department and shall
allow | ||||||
15 | at least 7 days from the date of the rule to file an answer to | ||||||
16 | the
satisfaction of the Department. Failure to answer to the | ||||||
17 | satisfaction of the
Department shall cause an order to cease | ||||||
18 | and desist to be issued immediately.
| ||||||
19 | (c) Other than as provided in Section 20 of this Act, if | ||||||
20 | any
person practices as an acupuncturist or holds himself or | ||||||
21 | herself
out as a licensed acupuncturist under this Act without | ||||||
22 | being
issued
a valid existing license by the Department, then | ||||||
23 | any
licensed
acupuncturist, any interested party, or any person | ||||||
24 | injured thereby
may, in addition to the Secretary, petition for | ||||||
25 | relief as provided
in subsection (a) of this Section.
| ||||||
26 | (Source: P.A. 95-450, eff. 8-27-07.)
|
| |||||||
| |||||||
1 | (225 ILCS 2/140)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 140. Investigation; notice; hearing. Licenses may be | ||||||
4 | refused,
revoked, suspended,
or otherwise disciplined in the | ||||||
5 | manner provided by this Act and not otherwise.
The Department | ||||||
6 | may upon its own motion or upon the
complaint
of any person | ||||||
7 | setting forth facts that if proven would constitute
grounds for | ||||||
8 | refusal to issue or renew
or for suspension, revocation, or | ||||||
9 | other disciplinary action
under this Act,
investigate
the
| ||||||
10 | actions of a person applying for, holding, or claiming to hold | ||||||
11 | a license. The
Department shall, before refusing to issue or | ||||||
12 | renew, suspending,
revoking, or taking other disciplinary | ||||||
13 | action regarding a
license or taking other discipline pursuant | ||||||
14 | to Section 110 of this Act, and at
least 30 days prior to the | ||||||
15 | date set for the hearing, notify in writing the
applicant or | ||||||
16 | licensee of any charges made, shall afford
the applicant or | ||||||
17 | licensee an opportunity to be heard in person or by counsel in
| ||||||
18 | reference to the charges, and direct the applicant or licensee | ||||||
19 | to file a
written
answer to the Department under oath within 20 | ||||||
20 | days after the service of the
notice and inform the applicant | ||||||
21 | or licensee that failure to file an answer will
result in | ||||||
22 | default being taken against the applicant or licensee and that | ||||||
23 | the
license may be suspended, revoked, placed on probationary | ||||||
24 | status, or other
disciplinary action may be
taken, including | ||||||
25 | limiting the scope, nature, or extent of practice, as the
|
| |||||||
| |||||||
1 | Secretary may deem proper. Written notice may be served by : (1) | ||||||
2 | personal delivery
to the applicant or licensee ; or by (2) | ||||||
3 | mailing the notice by registered or certified mail to
his or | ||||||
4 | her address of record last known place of residence or to the | ||||||
5 | place of business last
specified by the applicant or licensee | ||||||
6 | in his or her last notification
to
the Department ; or (3) | ||||||
7 | sending notice via email to the applicant's or licensee's email | ||||||
8 | address of record . If the person fails to file an answer after | ||||||
9 | receiving
notice, his or her license may, in the discretion of | ||||||
10 | the Department, be
suspended, revoked, or placed on | ||||||
11 | probationary status or the Department may take
whatever | ||||||
12 | disciplinary action deemed proper, including limiting the | ||||||
13 | scope,
nature, or extent of the person's practice or the | ||||||
14 | imposition of a fine, without
a hearing, if the act or acts | ||||||
15 | charged constitute sufficient grounds for such
action under | ||||||
16 | this Act. At the time and place fixed in the notice, the
| ||||||
17 | Department shall proceed to hearing of the charges and both the | ||||||
18 | applicant or
licensee
and the complainant shall be afforded | ||||||
19 | ample opportunity to present, in person
or by counsel, any | ||||||
20 | statements, testimony, evidence, and arguments that may be
| ||||||
21 | pertinent to the charges or to their defense. The Department | ||||||
22 | may continue a
hearing from time to time.
If the Board is not | ||||||
23 | sitting at the time and place fixed in the notice or
at the | ||||||
24 | time and place to which the hearing shall have been continued, | ||||||
25 | the
Department may continue the hearing for a period not to | ||||||
26 | exceed 30 days.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
2 | (225 ILCS 2/142 new) | ||||||
3 | Sec. 142. Confidentiality. All information collected by | ||||||
4 | the Department in the course of an examination or investigation | ||||||
5 | of a licensee or applicant, including, but not limited to, any | ||||||
6 | complaint against a licensee filed with the Department and | ||||||
7 | information collected to investigate any such complaint, shall | ||||||
8 | be maintained for the confidential use of the Department and | ||||||
9 | may not be disclosed. The Department may not disclose the | ||||||
10 | information to anyone other than law enforcement officials, | ||||||
11 | other regulatory agencies that have an appropriate regulatory | ||||||
12 | interest as determined by the Secretary of the Department, or a | ||||||
13 | party presenting a lawful subpoena to the Department. | ||||||
14 | Information and documents disclosed to a federal, State, | ||||||
15 | county, or local law enforcement agency may not be disclosed by | ||||||
16 | the agency for any purpose to any other agency or person. A | ||||||
17 | formal complaint filed by the Department against a licensee or | ||||||
18 | applicant is a public record, except as otherwise prohibited by | ||||||
19 | law.
| ||||||
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 | ||||||
23 | be required
to certify any a record to the court, file any | ||||||
24 | answer in court, or otherwise
appear in any court in a judicial |
| |||||||
| |||||||
1 | review proceeding, unless and until the Department has received | ||||||
2 | from the plaintiff payment of the costs of furnishing and | ||||||
3 | certifying the record, which costs shall be determined by the | ||||||
4 | Department. Exhibits shall be certified without cost there is | ||||||
5 | filed in
the court with the complaint a receipt from the | ||||||
6 | Department acknowledging
payment of the costs of furnishing and | ||||||
7 | certifying the record . Failure on the
part of the plaintiff to | ||||||
8 | file a receipt in court shall be grounds for
dismissal of the | ||||||
9 | action.
| ||||||
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
| ||||||
14 | recommendations. At the conclusion of the hearing, the Board
| ||||||
15 | shall present to the Secretary a written report of its findings | ||||||
16 | of
fact, conclusions of law, and recommendations. The report | ||||||
17 | shall
contain a finding whether or not the accused person | ||||||
18 | violated this
Act or failed to comply with the conditions | ||||||
19 | required in this Act.
The Board shall specify the nature of the | ||||||
20 | violation or failure
to comply and shall make its | ||||||
21 | recommendations to the Secretary.
| ||||||
22 | The report of findings of fact, conclusions of law, and
| ||||||
23 | recommendations of the Board may be the basis of the
order of
| ||||||
24 | the Department. If the Secretary
disagrees in any regard with | ||||||
25 | the
report of the Board, the Secretary may issue an order in
|
| |||||||
| |||||||
1 | contravention of the report. The Secretary shall provide notice | ||||||
2 | to the Board
on any deviation and the reasons
for the | ||||||
3 | deviation. The finding is not admissible
in evidence against | ||||||
4 | the person in a criminal prosecution brought
for the violation | ||||||
5 | of this Act, but the hearing and findings are not
a bar to a | ||||||
6 | criminal 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
| ||||||
11 | involving the refusal to issue or renew a license or the | ||||||
12 | discipline of a license, a copy of the Board's
hearing | ||||||
13 | officer's report shall be served upon the respondent by the | ||||||
14 | Department,
either personally or as provided in this Act for | ||||||
15 | the service of the
notice of hearing. Within 20 days after the | ||||||
16 | service, the
respondent may present to the Department a motion | ||||||
17 | in writing for a
rehearing that shall specify the particular | ||||||
18 | grounds for rehearing.
If no motion for rehearing is filed, | ||||||
19 | then upon the expiration of
the time specified for filing such | ||||||
20 | a motion, or if a motion for
rehearing is denied, then upon the | ||||||
21 | denial the Secretary may enter an
order in accordance with | ||||||
22 | recommendations of the Board, except as provided in Section 175 | ||||||
23 | of this Act. If the respondent orders from
the reporting | ||||||
24 | service office and pays for a transcript of the record within
| ||||||
25 | the time for filing a motion for rehearing, the 20-day 20 day |
| |||||||
| |||||||
1 | period
within which the motion may be filed shall commence upon | ||||||
2 | the
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.
| ||||||
7 | Whenever the Secretary is satisfied that substantial justice | ||||||
8 | has not
been done in the revocation, suspension, or refusal to | ||||||
9 | issue, restore, or renew discipline of a license,
or other | ||||||
10 | discipline of an applicant or licensee, the Secretary may order | ||||||
11 | a rehearing by the same or other examiners
another hearing | ||||||
12 | officer .
| ||||||
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 | ||||||
17 | revocation
or suspension of any license registration , the | ||||||
18 | licensee registrant shall immediately surrender
the license | ||||||
19 | registration certificate to the Department. If the licensee | ||||||
20 | registrant fails to do
so, the
Department shall have the right | ||||||
21 | to seize the license registration certificate.
| ||||||
22 | (Source: P.A. 95-450, eff. 8-27-07.)
| ||||||
23 | (225 ILCS 2/200)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 200. Review under Administrative Review Law. All
final | ||||||
3 | administrative decisions of the Department are subject to
| ||||||
4 | judicial review under the Administrative Review Law and all | ||||||
5 | rules adopted under the Administrative Review Law .
The term
| ||||||
6 | "administrative decision" is defined as in Section 3-101 of the
| ||||||
7 | Code of Civil Procedure.
| ||||||
8 | Proceedings for judicial review shall be commenced in the | ||||||
9 | circuit court of the county in which the party applying for | ||||||
10 | review resides; however, if the party is not a resident of this | ||||||
11 | State, 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 | ||||||
15 | repealing Section 90.
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
|