|
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; |
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. |
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, |
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; |
96-328, eff. 8-11-09.)
|
(5 ILCS 80/4.38 new) |
Sec. 4.38. Act repealed on January 1, 2028. The following |
Act is repealed on January 1, 2028: |
The Acupuncture Practice Act.
|
Section 10. The Acupuncture Practice Act is amended by |
changing Sections 5, 10, 15, 20, 20.1, 25, 30, 35, 40, 50, 60, |
70, 105, 110, 120, 130, 140, 152, 160, 170, 175, 190, and 200 |
and by adding Sections 12, 20.2, and 142 as follows:
|
(225 ILCS 2/5)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 5. Objects and purpose. The practice of acupuncture in |
the State of Illinois is hereby declared to affect the public
|
health, safety, and welfare and to be subject to regulation and
|
control in the public interest. It is further declared to be a
|
matter of public interest and concern that the practice of
|
acupuncture as defined in this Act merit and receive the |
confidence
of the public, and that only qualified persons, as |
set forth by this Act, be authorized to
practice acupuncture in |
|
the State of Illinois. This Act shall be
liberally construed to |
best carry out these subjects and purposes.
|
(Source: P.A. 89-706, eff. 1-31-97.)
|
(225 ILCS 2/10)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 10. Definitions. As used in this Act:
|
"Acupuncture" means the evaluation or treatment that is |
effected by stimulating of persons affected
through a method of |
stimulation of a certain body points point or points on or |
immediately
below the surface of
the body by the insertion of |
pre-sterilized, single-use, disposable needles,
unless |
medically contraindicated. "Acupuncture" includes, but is not |
limited to, stimulation that may be effected by , with or |
without the application of heat, including far infrared, or |
cold, electricity, electro or magnetic
electronic stimulation, |
cold laser, vibration, cupping, gua sha, or manual pressure, or |
other methods, with or without the concurrent use of needles,
|
to prevent or modify the perception of
pain, to normalize |
physiological functions, or for the
treatment of certain |
diseases or dysfunctions of the body and includes the |
determination of a care regimen or treatment protocol according |
to traditional East Asian principles and activities referenced |
in Section 15 of this Act for which a written referral is not |
required. In accordance with this Section, the practice known |
as dry needling or intramuscular manual stimulation, or similar |
|
wording intended to describe such practice, is determined to be |
within the definition, scope, and practice of acupuncture. |
Acupuncture also includes evaluation or treatment in |
accordance with traditional and modern practices of East Asian |
medical theory, including, but not limited to, moxibustion, |
herbal medicinals, natural or dietary supplements, manual |
methods, exercise, and diet to prevent or modify the perception |
of pain, to normalize physiological functions, or for the |
treatment of diseases or dysfunctions of the body and includes |
activities referenced in Section 15 of this Act for which a |
written referral is not required.
Acupuncture does not include |
radiology, electrosurgery, chiropractic technique,
physical |
therapy, naprapathic technique, use or prescribing of any |
pharmaceuticals, drugs,
medications, herbal preparations, |
nutritional supplements, serums, or vaccines,
or determination |
of a differential
diagnosis.
An acupuncturist licensed
|
registered under this Act who is not also licensed as a |
physical therapist
under
the Illinois Physical Therapy Act |
shall not hold himself or herself out as
being qualified to |
provide physical therapy or physiotherapy services.
An
|
acupuncturist shall refer to a licensed physician or dentist, |
any
patient whose condition should, at the time of evaluation |
or treatment,
be determined to be beyond the scope of practice |
of the acupuncturist.
|
"Acupuncturist" means a person who practices acupuncture |
in all its forms, including traditional and modern practices in |
|
both teachings and delivery,
and who is licensed by the |
Department. An acupuncturist shall refer to a licensed |
physician or dentist any patient whose condition should, at the |
time of evaluation or treatment, be determined to be beyond the |
scope of practice of the acupuncturist.
|
"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file as maintained by the Department's |
licensure maintenance unit. |
"Board" means the Board of Acupuncture appointed by the |
Secretary.
|
"Dentist" means a person licensed under the Illinois Dental |
Practice Act.
|
"Department" means the Department of Financial and
|
Professional
Regulation.
|
"Email address of record" means the designated email |
address recorded by the Department in the applicant's |
application file or the licensee's license file as maintained |
by the Department's licensure maintenance unit. |
"Physician" means a person licensed under the Medical |
Practice Act of 1987.
|
"Referral by written order" for purposes of this Act means |
a
diagnosis, substantiated by signature of a physician or |
dentist, identifying a
patient's condition and recommending |
treatment by acupuncture as defined in
this Act. The diagnosis |
shall remain in effect until changed by the physician
or |
|
dentist who may, through express direction in the referral, |
maintain management of the patient.
|
"Secretary" means the Secretary of Financial and |
Professional Regulation.
|
"State" includes:
|
(1) the states of the United States of America;
|
(2) the District of Columbia; and
|
(3) the Commonwealth of Puerto Rico.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/12 new) |
Sec. 12. Address of record; email address of record. All |
applicants and licensees shall: |
(1) provide a valid address and email address to the |
Department, which shall serve as the address of record and |
email address of record, respectively, at the time of |
application for licensure or renewal of a license; and |
(2) inform the Department of any change of address of |
record or email address of record within 14 days after such |
change either through the Department's website or by |
contacting the Department's licensure maintenance unit.
|
(225 ILCS 2/15)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 15. Who may practice acupuncture. No person licensed |
under this
Act
may
treat human ailments otherwise than by the |
|
practice of acupuncture as defined
in this Act and shall only |
practice acupuncture consistent with the education and |
certifications obtained pursuant to the requirements set forth |
in this Act. A physician or dentist licensed in
Illinois may |
practice acupuncture in accordance with his or her training |
pursuant to this Act or the Medical Practice Act of 1987. A |
physician or a dentist may refer by written order a patient to |
an acupuncturist for the practice of acupuncture as defined in |
this Act and may, through express direction in the referral, |
maintain management of the patient. Nothing in this Act shall |
be construed to require a referral of a patient to an |
acupuncturist for evaluation and treatment based on |
acupuncture principles and techniques as taught by schools |
accredited by the Accreditation Commission for Acupuncture and |
Oriental Medicine or a similar accrediting body approved by the |
Department. An acupuncturist shall refer to a licensed |
physician or dentist, any patient whose condition should, at |
the time of evaluation or treatment, be determined to be beyond |
the scope of practice of the acupuncturist.
|
Nothing in this Act regarding the use of dietary |
supplements or herbs shall be construed to prohibit a person |
licensed in this State under any other Act from engaging in the |
practice for which he or she is licensed. |
(Source: P.A. 93-999, eff. 8-23-04.)
|
(225 ILCS 2/20)
|
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 20. Exempt activities. This
Act does not prohibit
any |
person licensed in this State as a dentist or physician
from |
engaging in the practice for which he or
she is licensed.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/20.1)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 20.1. Guest instructors of acupuncture; professional |
education. The provisions of this Act
do not prohibit an |
acupuncturist from another state or country, who is not
|
licensed under this Act and who is an invited guest of a |
professional
acupuncture association or scientific acupuncture |
foundation or an acupuncture training program or continuing |
education provider approved by the Department under this
Act, |
from engaging in professional education through lectures, |
clinics, or
demonstrations, provided that the acupuncturist is |
currently licensed in another state or country and his or her |
license is active and has not been disciplined, or he or she is |
currently certified in good standing as an acupuncturist by the |
National Certification Commission for Acupuncture and Oriental |
Medicine or similar body approved by the Department. |
Licensees under this Act may engage in professional |
education through lectures, clinics, or demonstrations as an |
invited guest of a professional acupuncture association or |
scientific acupuncture foundation or an acupuncture training |
|
program or continuing education provider approved by the |
Department under this Act. The Department may, but is not |
required to, establish rules concerning this Section.
|
(Source: P.A. 95-450, eff. 8-27-07; 96-255, eff. 8-11-09; |
96-483, eff. 8-14-09.)
|
(225 ILCS 2/20.2 new) |
Sec. 20.2. Guest practitioners of acupuncture. The |
provisions of this Act do not prohibit an acupuncturist from |
another state or country who is not licensed under the Act from |
practicing in Illinois during a state of emergency as declared |
by the Governor of Illinois, provided that the acupuncturist is |
currently licensed in another state or country and his or her |
license is active and has not been disciplined, or he or she is |
certified by the National Certification Commission for |
Acupuncture and Oriental Medicine or similar body approved by |
the Department. Such practice is limited to the time period |
during which the declared state of emergency is in effect and |
may not exceed 2 consecutive weeks or a total of 30 days in one |
calendar year.
|
(225 ILCS 2/25)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 25. Powers and duties of Department. The Department
|
shall exercise powers and duties under this Act as
follows:
|
(1) Review applications to ascertain the |
|
qualifications of
applicants for licensure.
|
(2) Adopt rules consistent with the
provisions of this |
Act for its administration and enforcement
and may |
prescribe forms
that shall be used in connection with
this |
Act. The rules may define standards and criteria for
|
professional conduct and discipline. The
Department shall |
consult with the Board in adopting rules. Notice of
|
proposed rulemaking shall be transmitted to the Board, and |
the Department shall
review the Board's response and any |
recommendations made in the response.
|
(3) The Department may at any time seek the advice and |
the expert
knowledge
of
the Board on any matter relating to |
the administration of this Act.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/30)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 30. Illinois Administrative Procedure Act. The |
Illinois
Administrative Procedure Act is hereby expressly |
adopted and incorporated herein as if all of the provisions of |
that Act were included in this Act, except that the provision |
of subsection (d) of Section 10-65 of the Illinois |
Administrative Procedure Act, which provides that at hearings |
the licensee has the right to show compliance with all lawful |
requirements for retention or continuation or renewal of the |
license, is specifically excluded. For the purposes of this |
|
Act, the notice required under Section 10-25 of the Illinois |
Administrative Procedure Act is deemed sufficient when mailed |
to the address of record.
shall apply to all administrative |
rules and procedures of the Department under
this Act, except |
that in the case of a conflict between the Illinois
|
Administrative Procedure Act and this Act, the provisions of |
this Act shall
control.
|
(Source: P.A. 89-706, eff. 1-31-97.)
|
(225 ILCS 2/35)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 35. Board of Acupuncture. The Secretary shall appoint |
a Board of
Acupuncture to
consist of 7 persons who shall be |
appointed by and shall serve in an advisory
capacity to the |
Secretary. Four members must hold an active license to engage |
in
the practice of acupuncture in this State, one member shall |
be a chiropractic
physician licensed under the Medical Practice |
Act of 1987 who is actively
engaged in the practice of |
acupuncture, one member shall be a physician
licensed to |
practice medicine in all of its branches in Illinois, and one
|
member must be a member of the public who is not licensed under |
this
Act or a
similar Act of another jurisdiction and who has |
no connection with the
profession.
|
Members shall serve 4-year terms and until their successors |
are appointed and
qualified. No member may be appointed to more |
than 2 consecutive full terms shall
be reappointed to the Board |
|
for a term that would cause his or her continuous
service on |
the Board to be longer than 8 consecutive years. Appointments |
to
fill vacancies shall be made in the same manner as original |
appointments for
the unexpired portion of the vacated term. |
Initial terms shall begin upon the
effective date of this |
amendatory Act of 1997.
|
The Board may annually elect a chairperson and a |
vice-chairperson who shall
preside in the absence of the |
chairperson. The membership of the Board should
reasonably |
reflect representation from the geographic areas in this State. |
The
Secretary may terminate the appointment of any member for |
cause.
The Secretary may give due consideration to all |
recommendations of the Board. A
majority of the Board members |
currently appointed shall constitute a quorum. A
vacancy in the |
membership of the Board shall not impair the right of a quorum
|
to exercise the right and perform all the duties of the Board. |
Members of the
Board shall have no liability in any action |
based upon any disciplinary
proceeding or other activity |
performed in good faith as a member of the
Board.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/40)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 40. Application for licensure. Applications for
|
original
licensure as an acupuncturist shall be made to the
|
Department in writing on
forms
prescribed by the Department and |
|
shall be accompanied by the required fee,
which shall
not be |
refundable.
|
Until December 31, 2001, applicants shall submit with the |
application
proof of
passing the National Certification |
Commission for Acupuncture and Oriental Medicine examination |
or a
substantially equivalent examination approved by the |
Department or meeting any
other qualifications established by |
the Department.
|
The On and after January 1, 2002, the Department may shall |
issue a license to an
applicant who submits with the |
application proof of each of the following:
|
(1)(A) graduation from a
school accredited by the |
Accreditation Commission for Acupuncture and Oriental |
Medicine or a similar accrediting body
approved by the |
Department; or
(B) completion of a comprehensive |
educational program approved by the
Department; and
|
(2) for applications submitted on or before December |
31, 2019, passing the
National Certification Commission |
for Acupuncture and Oriental Medicine examination or a
|
substantially
equivalent examination approved by the |
Department; for applications submitted on or after January |
1, 2020, demonstration of status as a Diplomate of |
Acupuncture or Diplomate of Oriental Medicine with the |
National Certification Commission for Acupuncture and |
Oriental Medicine or a substantially equivalent credential |
as approved by the Department.
|
|
An applicant has 3
years from the date of his or her |
application to complete the application
process. If the process |
has not been completed in 3 years, the application
shall be |
denied, the fee shall be forfeited, and the applicant must |
reapply and
meet the requirements in effect at the time of |
reapplication.
|
(Source: P.A. 93-999, eff. 8-23-04.)
|
(225 ILCS 2/50)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 50. Practice prohibited. Unless he or she has been |
issued, by the
Department, a valid, existing license as an |
acupuncturist under this Act, no
person may use the title and |
designation of "Acupuncturist", "Licensed
Acupuncturist", |
"Certified Acupuncturist", "Doctor of Acupuncture and Chinese |
Medicine", "Doctor of Acupuncture and Oriental Medicine", |
"Doctor of Acupuncture", "Oriental Medicine Practitioner", |
"Licensed Oriental Medicine Practitioner", "Oriental Medicine |
Doctor", "Licensed Oriental Medicine Doctor", "C.A.", "Act.", |
"Lic. Act.", or
"Lic. Ac.", "D.Ac.", "DACM", "DAOM", or |
"O.M.D." either directly or indirectly, in connection with his |
or her
profession or business. No person licensed under this |
Act may use the
designation "medical", directly or indirectly, |
in connection with his or her
profession or business. Nothing |
shall prevent a physician from using the
designation |
"Acupuncturist".
|
|
No person may practice, offer to practice, attempt to |
practice, or hold
himself or herself out to practice as a |
licensed acupuncturist without
being licensed under this Act.
|
This Act does not prohibit a person from applying |
acupuncture needles, modalities, or techniques as
part of his |
or her educational training when he or she:
|
(1) is engaged in a State-approved course in |
acupuncture, as provided in
this Act;
|
(2) is a graduate of a school of acupuncture and |
participating in a
postgraduate training program;
|
(3) is a graduate of a school of acupuncture and |
participating in a
review course in preparation for taking |
the National Certification Commission
for Acupuncture and |
Oriental Medicine examination; or
|
(4) is participating in a State-approved continuing |
education course
offered through a State-approved |
provider.
|
Students attending schools of acupuncture, and |
professional acupuncturists
who are not licensed in Illinois, |
may engage in the practice of the application of acupuncture
|
techniques in conjunction with their education as provided in |
this Act, but
may not open an office, appoint a place to meet |
private patients, consult with
private patients, or otherwise |
engage in the practice of acupuncture beyond
what is required |
in conjunction with their education.
|
(Source: P.A. 92-70, eff. 7-12-01.)
|
|
(225 ILCS 2/60)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 60. Exhibition of license upon request; change of
|
address. A licensee shall, whenever
requested,
exhibit his or |
her license to any
representative of the
Department
and shall |
notify the Department of the address or addresses, and of
every |
change of address, where the licensee practices
acupuncture.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/70)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 70. Renewal, reinstatement, or restoration of
|
license; continuing education; military service. The
|
expiration date and renewal period
for each license issued |
under this Act shall be set by
rule. The
holder of a license |
may renew that license during the
month
preceding its |
expiration date by paying the required fee.
|
In order to renew or restore a license, applicants shall
|
provide proof of having met the
requirements of continuing |
education set forth in the
rules of the
Department. Continuing |
education sponsors approved by the Department may not use an |
individual to engage in clinical demonstration, unless that |
individual is actively licensed under this Act or licensed by |
another state or country as set forth in Section 20.1 of this |
Act.
|
|
A person who has permitted his or her license to expire or |
who has had
his or her license on inactive status may have the |
license restored by
submitting an application to the |
Department, by meeting continuing education
requirements, and |
by filing proof acceptable to the Department of fitness to
have |
the license restored, which may include sworn evidence |
certifying to
active practice in another jurisdiction |
satisfactory to the Department and by
paying the required |
restoration fee. If the person has not maintained an
active |
practice in another jurisdiction satisfactory to the |
Department, the
Department shall determine, by an evaluation |
program established by rule, his
or her fitness to resume |
active status and may require the person to complete a
period |
of evaluated clinical experience and may require successful |
completion
of a practical examination.
|
Any acupuncturist whose license expired while he or she
was
|
(1) in federal service on active duty with the Armed Forces of |
the
United States or the State Militia called into service or |
training
or (2) in training or education under the supervision |
of the
United States preliminary to induction into the military |
service,
however, may have his or her license registration |
restored without paying any
lapsed renewal fees if within 2 |
years after honorable termination
of service, training, or |
education, he or she furnishes the
Department with satisfactory |
evidence that he or she
has been so engaged and that his or her |
service, training, or
education has been terminated.
|
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/105)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 105. Unlicensed practice; civil penalty. |
(a) A person who practices,
offers to practice, attempts to |
practice, or holds himself or herself out to
practice as
a
|
licensed acupuncturist without being licensed under this Act |
shall, in addition
to any other penalty provided by law, pay a |
civil penalty to the Department in
an amount not to exceed |
$10,000 for each offense as determined by the
Department. The |
civil penalty shall be assessed by the Department after a
|
hearing is held in accordance with the provisions set forth in |
this Act
regarding the provision of a hearing for the |
discipline of a licensee.
|
(b) The Department has the authority and power to |
investigate any and all unlicensed activity. |
(c) The civil penalty shall be paid within 60 days after |
the effective date of the order imposing the civil penalty. The |
order shall constitute a judgment and may be filed and |
execution had thereon in the same manner as any judgment from |
any court of record. |
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/110)
|
(Section scheduled to be repealed on January 1, 2018)
|
|
Sec. 110. Grounds for disciplinary action.
|
(a) The Department may refuse to issue or to renew, place |
on probation,
suspend, revoke or take other disciplinary or |
non-disciplinary action as deemed appropriate
including the |
imposition of fines not to exceed $10,000 for each
violation,
|
as the Department may deem proper,
with
regard to a license for |
any one or combination of the
following
causes:
|
(1) Violations of this the Act or its rules.
|
(2) Conviction by or plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or |
sentencing, including, but not limited to, convictions, |
preceding sentences of supervision, conditional discharge, |
or first offender probation, under the laws of any |
jurisdiction of the United States that is of any crime |
under the laws of the United States or any state or |
territory thereof that is (i) a felony or (ii) a |
misdemeanor, an
essential element of which is dishonesty or |
that is directly
related to the practice of the profession.
|
(3) Making any misrepresentation for the purpose of
|
obtaining a license.
|
(4) Aiding or assisting another person in violating any
|
provision of this Act or its rules.
|
(5) Failing to provide information within 60 days in
|
response to a written request made by the Department which |
has
been sent by certified or registered mail to the |
licensee's
last known address of record or by email to the |
|
licensee's email address of record.
|
(6) Discipline by another U.S. jurisdiction or foreign
|
nation, if at least one of the grounds for the discipline |
is the same or
substantially equivalent to one set forth in |
this Section.
|
(7) Solicitation of professional services by means |
other
than permitted under this Act.
|
(8) Failure to provide a patient with a copy of his or
|
her record upon the written request of the patient.
|
(9) Gross negligence in the practice of acupuncture.
|
(10) Habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants, or any other chemical agent or drug |
that results in an
acupuncturist's inability to practice |
with reasonable judgment, skill, or
safety.
|
(11) A finding that licensure has been
applied for or
|
obtained by fraudulent means.
|
(12) A pattern of practice or other behavior that |
demonstrates
incapacity or incompetence to practice under |
this Act.
|
(13) Being named as a perpetrator in an indicated |
report
by the Department of Children and Family Services |
under the
Abused and Neglected Child Reporting Act and upon |
proof by
clear and convincing evidence that the licensee |
has caused a
child to be an abused child or a neglected |
child as defined in
the Abused and Neglected Child |
Reporting Act.
|
|
(14) Willfully Wilfully failing to report an instance |
of suspected
child abuse or neglect as required by the |
Abused and Neglected
Child Reporting Act.
|
(15) The use of any words, abbreviations, figures or
|
letters (such as "Acupuncturist", "Licensed |
Acupuncturist",
"Certified Acupuncturist", "Doctor of |
Acupuncture and Chinese Medicine", "Doctor of Acupuncture |
and Oriental Medicine", "Doctor of Acupuncture", "Oriental |
Medicine Practitioner", "Licensed Oriental Medicine |
Practitioner", "Oriental Medicine Doctor", "Licensed |
Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.", or |
"Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any |
designation used by the Accreditation Commission for |
Acupuncture and Oriental Medicine
with the intention of |
indicating practice as a licensed
acupuncturist without a |
valid license as an acupuncturist
issued under this Act.
|
When the name of the licensed acupuncturist is used |
professionally in oral, written, or printed announcements, |
professional cards, or publications for the information of |
the public, the degree title or degree abbreviation shall |
be added immediately following title and name. When the |
announcement, professional card, or publication is in |
writing or in print, the explanatory addition shall be in |
writing, type, or print not less than 1/2 the size of that |
used in the name and title. No person other than the holder |
of a valid existing license under this Act shall use the |
|
title and designation of "acupuncturist", either directly |
or indirectly, in connection with his or her profession or |
business.
|
(16) Using claims of superior quality of care to entice
|
the public or advertising fee comparisons of available |
services with those of
other persons providing acupuncture |
services.
|
(17) Advertising of professional services that the |
offeror of the
services is not licensed to render. |
Advertising of professional services that
contains false, |
fraudulent, deceptive, or misleading material or |
guarantees of
success,
statements that play upon the vanity |
or fears of the public, or statements that
promote or |
produce unfair competition.
|
(18) Having treated ailments of human beings other than |
by
the practice of
acupuncture as defined in this Act, or |
having treated ailments of human beings
as a licensed |
acupuncturist pursuant to a
referral by written order
that |
provides for management of the patient by a physician or |
dentist without having notified the
physician or dentist |
who established the diagnosis that the patient is
receiving |
acupuncture treatments treatment.
|
(19) Unethical, unauthorized, or unprofessional |
conduct as defined by
rule.
|
(20) Physical illness, mental illness, or other |
impairment that results in the inability
to practice the |
|
profession with reasonable judgment, skill, and safety, |
including, without limitation, deterioration through the |
aging process, mental illness, or disability.
|
(21) Violation of the Health Care Worker Self-Referral |
Act.
|
(22) Failure to refer a patient whose condition should, |
at the time of evaluation or treatment, be determined to be |
beyond the scope of practice of the acupuncturist to a |
licensed physician or dentist. |
The entry of an order by a circuit court establishing that |
any person
holding a license under this Act is subject to |
involuntary admission or
judicial admission as provided for in |
the Mental Health and Developmental
Disabilities Code operates |
as an automatic suspension of that license. That
person may |
have his or her license restored only upon the determination by |
a
circuit court that the patient is no longer subject to |
involuntary admission or
judicial admission and the issuance of |
an order so finding and discharging the
patient and upon the |
Board's recommendation to the Department that the license
be |
restored. Where the circumstances so indicate, the Board may |
recommend to
the Department that it require an examination |
prior to restoring a suspended
license.
|
The Department may refuse to issue or renew the license
of |
any person
who
fails to (i) file a return or to pay the tax,
|
penalty or interest shown in a filed return or (ii) pay any |
final
assessment of the tax, penalty, or interest as required |
|
by any tax
Act administered by the Illinois Department of |
Revenue, until the
time that the requirements of that tax Act |
are satisfied.
|
In enforcing this Section, the Department or Board upon a |
showing of
a
possible
violation may compel an individual |
licensed to practice under this Act, or
who has applied for |
licensure under this Act, to submit
to a mental or physical |
examination, or both, as required by and at the expense
of the |
Department. The Department or Board may order the examining |
physician to
present
testimony concerning the mental or |
physical examination of the licensee or
applicant. No |
information shall be excluded by reason of any common law or
|
statutory privilege relating to communications between the |
licensee or
applicant and the examining physician. The |
examining
physicians
shall be specifically designated by the |
Board or Department.
The individual to be examined may have, at |
his or her own expense, another
physician of his or her choice |
present during all
aspects of this examination. Failure of an |
individual to submit to a mental
or
physical examination, when |
directed, shall be grounds for suspension of his or
her
license |
until the individual submits to the examination if the |
Department
finds,
after notice and hearing, that the refusal to |
submit to the examination was
without reasonable cause.
|
If the Department or Board finds an individual unable to |
practice because of
the
reasons
set forth in this Section, the |
Department or Board may require that individual
to submit
to
|
|
care, counseling, or treatment by physicians approved
or |
designated by the Department or Board, as a condition, term, or |
restriction
for continued,
restored reinstated, or
renewed |
licensure to practice; or, in lieu of care, counseling, or |
treatment,
the Department may file, or
the Board may recommend |
to the Department to file, a complaint to immediately
suspend, |
revoke, or otherwise discipline the license of the individual.
|
An individual whose
license was granted, continued, restored |
reinstated, renewed, disciplined or supervised
subject to such |
terms, conditions, or restrictions, and who fails to comply
|
with
such terms, conditions, or restrictions, shall be referred |
to the Secretary for
a
determination as to whether the |
individual shall have his or her license
suspended immediately, |
pending a hearing by the Department.
|
In instances in which the Secretary immediately suspends a |
person's license
under this Section, a hearing on that person's |
license must be convened by
the Department within 30 days after |
the suspension and completed without
appreciable
delay.
The |
Department and Board shall have the authority to review the |
subject
individual's record of
treatment and counseling |
regarding the impairment to the extent permitted by
applicable |
federal statutes and regulations safeguarding the |
confidentiality of
medical records.
|
An individual licensed under this Act and affected under |
this Section shall
be
afforded an opportunity to demonstrate to |
the Department or Board that he or
she can resume
practice in |
|
compliance with acceptable and prevailing standards under the
|
provisions of his or her license.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/120)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 120. Checks or orders to Department dishonored because
|
of insufficient funds. Any person who issues or delivers a |
check
or other order to the Department that is not honored on 2 |
occasions
by the financial institution upon which it is drawn |
because of
insufficient funds on account, the account is |
closed, or a stop
payment has been placed on the check or order |
shall pay to the
Department, in addition to the amount owing |
upon the check or other
order, a fee of $50. If the check or |
other order was issued or
delivered in payment of a renewal or |
issuance fee and the person
whose license registration has |
lapsed continues to practice acupuncture without
paying the |
renewal or issuance fee and the required $50 fee under
this |
Section, an additional fee of $100 shall be imposed. The fees
|
imposed by this Section are in addition to any other |
disciplinary
provision under this Act prohibiting practice on |
an expired or
non-renewed license registration. The Department
|
shall mail a registration renewal form to each registrant 60 |
days before the
expiration of the registrant's current |
registration.
The Department shall notify a person whose
|
registration has lapsed, within 30 days after the discovery of |
|
the
lapse, that the individual is engaged in the unauthorized |
practice
of acupuncture and of the amount due to the Department |
which shall
include the lapsed renewal fee and all other fees |
required by this
Section. If after the expiration of 30 days |
from the date of the
notification a person whose license |
registration has lapsed seeks a current license
registration, |
he or she shall thereafter apply to the Department for
|
restoration of the license registration and pay all fees due to |
the Department.
The Department may establish a fee for the |
processing of an
application for restoration of a license |
registration that allows the Department
to pay all costs and |
expenses incident to the processing of this
application. The |
Secretary may waive the fees due under this
Section in |
individual cases where he or she finds that the fees
would be |
unreasonably or unnecessarily burdensome.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/130)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 130. Injunctions; criminal offenses; cease and desist
|
order.
|
(a) If any person violates the provisions of this Act, the |
Secretary may, in the name of the People of the State of |
Illinois,
through the Attorney General of the State of Illinois |
or the
State's Attorney for any county in which the action is |
brought,
petition for an order enjoining the violation or for |
|
an order
enforcing compliance with this Act. Upon the filing of |
a verified
petition in court, the court may issue a temporary |
restraining
order, without notice or condition, and may |
preliminarily and
permanently enjoin the violation. If it is |
established that the
person has violated or is violating the |
injunction, the court Court may
punish the offender for |
contempt of court. Proceedings under this
Section shall be in |
addition to, and not in lieu of, all other
remedies and |
penalties provided by this Act.
|
(b) Whenever in the opinion of the Department a person |
violates a
provision of this Act, the Department may issue a |
rule to show cause why an
order to cease and desist should not |
be entered against that person. The rule
shall clearly set |
forth the grounds relied upon by the Department and shall
allow |
at least 7 days from the date of the rule to file an answer to |
the
satisfaction of the Department. Failure to answer to the |
satisfaction of the
Department shall cause an order to cease |
and desist to be issued immediately.
|
(c) Other than as provided in Section 20 of this Act, if |
any
person practices as an acupuncturist or holds himself or |
herself
out as a licensed acupuncturist under this Act without |
being
issued
a valid existing license by the Department, then |
any
licensed
acupuncturist, any interested party, or any person |
injured thereby
may, in addition to the Secretary, petition for |
relief as provided
in subsection (a) of this Section.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
|
(225 ILCS 2/140)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 140. Investigation; notice; hearing. Licenses may be |
refused,
revoked, suspended,
or otherwise disciplined in the |
manner provided by this Act and not otherwise.
The Department |
may upon its own motion or upon the
complaint
of any person |
setting forth facts that if proven would constitute
grounds for |
refusal to issue or renew
or for suspension, revocation, or |
other disciplinary action
under this Act,
investigate
the
|
actions of a person applying for, holding, or claiming to hold |
a license. The
Department shall, before refusing to issue or |
renew, suspending,
revoking, or taking other disciplinary |
action regarding a
license or taking other discipline pursuant |
to Section 110 of this Act, and at
least 30 days prior to the |
date set for the hearing, notify in writing the
applicant or |
licensee of any charges made, shall afford
the applicant or |
licensee an opportunity to be heard in person or by counsel in
|
reference to the charges, and direct the applicant or licensee |
to file a
written
answer to the Department under oath within 20 |
days after the service of the
notice and inform the applicant |
or licensee that failure to file an answer will
result in |
default being taken against the applicant or licensee and that |
the
license may be suspended, revoked, placed on probationary |
status, or other
disciplinary action may be
taken, including |
limiting the scope, nature, or extent of practice, as the
|
|
Secretary may deem proper. Written notice may be served by: (1) |
personal delivery
to the applicant or licensee; or by (2) |
mailing the notice by registered or certified mail to
his or |
her address of record last known place of residence or to the |
place of business last
specified by the applicant or licensee |
in his or her last notification
to
the Department; or (3) |
sending notice via email to the applicant's or licensee's email |
address of record. If the person fails to file an answer after |
receiving
notice, his or her license may, in the discretion of |
the Department, be
suspended, revoked, or placed on |
probationary status or the Department may take
whatever |
disciplinary action deemed proper, including limiting the |
scope,
nature, or extent of the person's practice or the |
imposition of a fine, without
a hearing, if the act or acts |
charged constitute sufficient grounds for such
action under |
this Act. At the time and place fixed in the notice, the
|
Department shall proceed to hearing of the charges and both the |
applicant or
licensee
and the complainant shall be afforded |
ample opportunity to present, in person
or by counsel, any |
statements, testimony, evidence, and arguments that may be
|
pertinent to the charges or to their defense. The Department |
may continue a
hearing from time to time.
If the Board is not |
sitting at the time and place fixed in the notice or
at the |
time and place to which the hearing shall have been continued, |
the
Department may continue the hearing for a period not to |
exceed 30 days.
|
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/142 new) |
Sec. 142. Confidentiality. All information collected by |
the Department in the course of an examination or investigation |
of a licensee or applicant, including, but not limited to, any |
complaint against a licensee filed with the Department and |
information collected to investigate any such complaint, shall |
be maintained for the confidential use of the Department and |
may not be disclosed. The Department may not disclose the |
information to anyone other than law enforcement officials, |
other regulatory agencies that have an appropriate regulatory |
interest as determined by the Secretary of the Department, or a |
party presenting a lawful subpoena to the Department. |
Information and documents disclosed to a federal, State, |
county, or local law enforcement agency may not be disclosed by |
the agency for any purpose to any other agency or person. A |
formal complaint filed by the Department against a licensee or |
applicant is a public record, except as otherwise prohibited by |
law.
|
(225 ILCS 2/152)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 152. Certification of record. The Department shall not |
be required
to certify any a record to the court, file any |
answer in court, or otherwise
appear in any court in a judicial |
|
review proceeding, unless and until the Department has received |
from the plaintiff payment of the costs of furnishing and |
certifying the record, which costs shall be determined by the |
Department. Exhibits shall be certified without cost there is |
filed in
the court with the complaint a receipt from the |
Department acknowledging
payment of the costs of furnishing and |
certifying the record. Failure on the
part of the plaintiff to |
file a receipt in court shall be grounds for
dismissal of the |
action.
|
(Source: P.A. 90-61, eff. 7-3-97.)
|
(225 ILCS 2/160)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 160. Findings of facts, conclusions of law, and
|
recommendations. At the conclusion of the hearing, the Board
|
shall present to the Secretary a written report of its findings |
of
fact, conclusions of law, and recommendations. The report |
shall
contain a finding whether or not the accused person |
violated this
Act or failed to comply with the conditions |
required in this Act.
The Board shall specify the nature of the |
violation or failure
to comply and shall make its |
recommendations to the Secretary.
|
The report of findings of fact, conclusions of law, and
|
recommendations of the Board may be the basis of the
order of
|
the Department. If the Secretary
disagrees in any regard with |
the
report of the Board, the Secretary may issue an order in
|
|
contravention of the report. The Secretary shall provide notice |
to the Board
on any deviation and the reasons
for the |
deviation. The finding is not admissible
in evidence against |
the person in a criminal prosecution brought
for the violation |
of this Act, but the hearing and findings are not
a bar to a |
criminal prosecution brought for the violation of this
Act.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/170)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 170. Service of report; rehearing; order. In any case
|
involving the refusal to issue or renew a license or the |
discipline of a license, a copy of the Board's
hearing |
officer's report shall be served upon the respondent by the |
Department,
either personally or as provided in this Act for |
the service of the
notice of hearing. Within 20 days after the |
service, the
respondent may present to the Department a motion |
in writing for a
rehearing that shall specify the particular |
grounds for rehearing.
If no motion for rehearing is filed, |
then upon the expiration of
the time specified for filing such |
a motion, or if a motion for
rehearing is denied, then upon the |
denial the Secretary may enter an
order in accordance with |
recommendations of the Board, except as provided in Section 175 |
of this Act. If the respondent orders from
the reporting |
service office and pays for a transcript of the record within
|
the time for filing a motion for rehearing, the 20-day 20 day |
|
period
within which the motion may be filed shall commence upon |
the
delivery of the transcript to the respondent.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/175)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 175. Substantial justice to be done; rehearing.
|
Whenever the Secretary is satisfied that substantial justice |
has not
been done in the revocation, suspension, or refusal to |
issue, restore, or renew discipline of a license,
or other |
discipline of an applicant or licensee, the Secretary may order |
a rehearing by the same or other examiners
another hearing |
officer.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/190)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 190. Surrender of license registration. Upon the |
revocation
or suspension of any license registration, the |
licensee registrant shall immediately surrender
the license |
registration certificate to the Department. If the licensee |
registrant fails to do
so, the
Department shall have the right |
to seize the license registration certificate.
|
(Source: P.A. 95-450, eff. 8-27-07.)
|
(225 ILCS 2/200)
|
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 200. Review under Administrative Review Law. All
final |
administrative decisions of the Department are subject to
|
judicial review under the Administrative Review Law and all |
rules adopted under the Administrative Review Law.
The term
|
"administrative decision" is defined as in Section 3-101 of the
|
Code of Civil Procedure.
|
Proceedings for judicial review shall be commenced in the |
circuit court of the county in which the party applying for |
review resides; however, if the party is not a resident of this |
State, the venue shall be Sangamon County. |
(Source: P.A. 89-706, eff. 1-31-97.)
|
(225 ILCS 2/90 rep.) |
Section 15. The Acupuncture Practice Act is amended by |
repealing Section 90.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|