Bill Text: IL HB3585 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Dietitian Nutritionist Practice Act. Provides for the licensure of nutritionists. Makes changes in provisions concerning unlicensed practice; other activities subject to licensure; exemptions; the Dietitian Nutritionist Practice Board; dietitian nutritionists; inactive status; reciprocity; use of titles and advertising; grounds for discipline; and injunctions and cease and desist orders. Provides that the Department of Financial and Professional Regulation may require that applicants have their fingerprints submitted to the Department of State Police. Defines terms. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Dietitian Nutritionist Practice Act to January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB3585 Detail]

Download: Illinois-2021-HB3585-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3585 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
See Index
Amends the Dietitian Nutritionist Practice Act. Provides for the licensure of nutritionists. Makes changes in provisions concerning unlicensed practice; other activities subject to licensure; exemptions; the Dietitian Nutritionist Practice Board; dietitian nutritionists; inactive status; reciprocity; use of titles and advertising; grounds for discipline; and injunctions and cease and desist orders. Provides that the Department of Financial and Professional Regulation may require that applicants have their fingerprints submitted to the Department of State Police. Defines terms. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Dietitian Nutritionist Practice Act to January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.
LRB102 10930 SPS 16262 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3585 LRB102 10930 SPS 16262 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.33 and by adding 4.41 as follows:
(5 ILCS 80/4.33)
Sec. 4.33. Acts repealed on January 1, 2023. The following
Acts are repealed on January 1, 2023:
The Dietitian Nutritionist Practice Act.
The Elevator Safety and Regulation Act.
The Fire Equipment Distributor and Employee Regulation Act
of 2011.
The Funeral Directors and Embalmers Licensing Code.
The Naprapathic Practice Act.
The Pharmacy Practice Act.
The Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act.
The Wholesale Drug Distribution Licensing Act.
(Source: P.A. 101-621, eff. 12-20-19.)
(5 ILCS 80/4.41 new)
Sec. 4.41. Act repealed on January 1, 2032. The following
Act is repealed on January 1, 2032:

HB3585 - 2 - LRB102 10930 SPS 16262 b
The Dietitian Nutritionist Practice Act.
Section 10. The Dietitian Nutritionist Practice Act is
amended by changing Sections 5, 10, 15, 15.5, 17, 20, 30, 45,
70, 75, 80, 95 and 100 and by adding Sections 38 and 46 as
follows:
(225 ILCS 30/5) (from Ch. 111, par. 8401-5)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5. Purpose. The practice of dietetics and nutrition,
including the provision of medical nutrition therapy, services
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 that the practice of dietetics and nutrition services
plays an important part in the attainment and maintenance of
health and that it is in the public's best interest that
persons who present themselves as providers of nutrition care
services in these areas meet specific requirements and
qualifications. This Act shall be liberally construed to best
carry out these objectives and purposes.
(Source: P.A. 87-784.)
(225 ILCS 30/10) (from Ch. 111, par. 8401-10)
(Section scheduled to be repealed on January 1, 2023)
Sec. 10. Definitions. As used in this Act:

HB3585 - 3 - LRB102 10930 SPS 16262 b
"Accreditation Council for Education in Nutrition and
Dietetics" means the autonomous accrediting agency for
education programs that prepares students to begin careers as
registered dietitian nutritionists or nutrition and dietetics
technicians, registered.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Board" means the Dietitian Nutritionist Practice Board
appointed by the Secretary.
"Board for Certification of Nutrition Specialists" means
the certifying board that credentials certified nutrition
specialists.
"Certified clinical nutritionist" means an individual
certified by the Clinical Nutrition Certification Board.
"Certified nutrition specialist" means an individual
certified by the Board for Certification of Board for
Nutrition Specialists that authorizes the individual to use
the title "certified nutrition specialist" and the
abbreviation "C.N.S.".
"Commission on Dietetic Registration" means the
credentialing agency for the Academy of Nutrition and

HB3585 - 4 - LRB102 10930 SPS 16262 b
Dietetics.
"Department" means the Department of Financial and
Professional Regulation.
"Dietetics and nutrition services" means the integration,
and application, and communication of practice principles
derived from the sciences of food, and nutrition, social,
business, and basic sciences to achieve and maintain the
optimal provide for all aspects of nutrition status of care
for individuals and groups. , including, but not limited to:
(1) nutrition counseling; "nutrition counseling" means
advising and assisting individuals or groups on
appropriate nutrition intake by integrating information
from the nutrition assessment;
(2) nutrition assessment; "nutrition assessment" means
the evaluation of the nutrition needs of individuals or
groups using appropriate data to determine nutrient needs
or status and make appropriate nutrition recommendations;
(3) medically prescribed diet; "medically prescribed
diet" is one form of medical nutrition therapy and means a
diet prescribed when specific food or nutrient levels need
to be monitored, altered, or both as a component of a
treatment program for an individual whose health status is
impaired or at risk due to disease, injury, or surgery and
may only be performed as initiated by or in consultation
with a physician licensed under the Medical Practice Act
of 1987 acting within the scope of his or her practice,

HB3585 - 5 - LRB102 10930 SPS 16262 b
except that a medically prescribed diet for a resident of
a nursing home shall only be performed as initiated by or
in consultation with a physician licensed to practice
medicine in all of its branches;
(4) medical nutrition therapy; "medical nutrition
therapy" means the component of nutrition care that deals
with the systematic use of food and oral supplementation,
based on the nutrition assessment and individual health
status and need to manage health conditions;
(5) nutrition services for individuals and groups;
"nutrition services for individuals and groups" includes,
but is not limited to, all of the following:
(A) providing nutrition assessments relative to
preventive maintenance or restorative care;
(B) providing nutrition education and nutrition
counseling as components of preventive maintenance or
restorative care; and
(C) developing and managing systems whose chief
function is nutrition care; nutrition services for
individuals and groups does not include medical
nutrition therapy as defined in this Act; and
(6) restorative; "restorative" means the component of
nutrition care that deals with oral dietary needs for
individuals and groups; activities shall relate to the
metabolism of food and the requirements for nutrients,
including dietary supplements for growth, development,

HB3585 - 6 - LRB102 10930 SPS 16262 b
maintenance, or attainment of optimal health.
"Dietitian" or "Dietitian nutritionist" means a person
licensed as a licensed dietitian nutritionist pursuant to
Section 45 who may be referred to as a nutritionist, a
dietitian nutritionist, or a dietitian and is authorized to
hold himself or herself out as such.
"Diplomate of the American Clinical Board of Nutrition"
means an individual credentialed certified by the American
Clinical Board of Nutrition who is authorized to use the title
"Diplomate of the American Clinical Board of Nutrition" and
the abbreviation "DACBN".
"General non-medical nutrition information" may include
information on any of the following:
(1) principles of good nutrition and food preparation;
(2) essential nutrients needed by the human body;
(3) actions of nutrients in the human body;
(4) effects of deficiencies or excesses of nutrients
in the human body;
(5) foods, herbs, and dietary supplements that are
good sources of essential nutrients in the human body; or
(6) principles of self-care and healthy relationships
with food.
"General supervision" means the qualified supervisor is
onsite and present where nutrition care services are provided,
or is immediately available by means of electronic
communications to the supervisee providing the services, and

HB3585 - 7 - LRB102 10930 SPS 16262 b
maintains continual involvement in the appropriate aspects of
patient care and has primary responsibility for all nutrition
care services rendered by the supervisee.
"Independent private practice of medical nutrition
therapy" means the application of dietetics and nutrition
knowledge and skills by a licensed dietitian nutritionist or
licensed nutritionist who regulates and is responsible for her
or his own practice or treatment procedures.
"Licensed dietitian nutritionist" means a person who holds
a license pursuant to Section 45 of licensed under this Act to
practice dietetics and nutrition services, including the
provision of medical nutrition therapy, as defined in this
Section. Activities of a licensed dietitian nutritionist do
not include the medical differential diagnosis of the health
status of an individual.
"Licensed nutritionist" means a person who holds a license
pursuant to Section 46 authorizing the practice of dietetics
and nutrition, including the provision of medical nutrition
therapy, as defined in this Section. Activities of a "licensed
nutritionist" do not include the medical differential
diagnosis of the health status of an individual.
"Medical nutrition therapy" means nutrition care services
provided for the treatment or management of a disease or
medical condition. The term includes the provision of any part
or all of the following services:
(1) interpreting anthropometric, biochemical,

HB3585 - 8 - LRB102 10930 SPS 16262 b
clinical, and dietary data in acute and chronic disease
states and recommending or ordering nutrient needs based
on the dietary data, including, but not limited to, tube
feedings and parenteral nutrition;
(2) food and nutrition counseling, including
counseling regarding prescription drug interactions.
(3) developing and managing food service operations
with functions in nutrition care, including operations
connected with healthcare facilities; implicated in the
ordering, preparation, or serving of therapeutic diets; or
otherwise utilized in the management or treatment of
diseases or medical conditions; and
(4) medical weight control.
"Medical weight control" means medical nutrition therapy
for the purpose of reducing, maintaining, or gaining weight.
"Nutrition" means the science of food and nutrients,
including the action, interaction, and balance of food and
nutrients in relation to health and disease and the process by
which humans ingest, absorb, transport, utilize and excrete
food substances.
"Nutrition assessment" means the systematic process of
obtaining, verifying, and interpreting biochemical,
anthropometric, physical, nutrigenomic, and dietary data in
order to make decisions about the nature and cause of
nutrition-related problems. "Nutrition assessment" includes an
ongoing, dynamic process that:

HB3585 - 9 - LRB102 10930 SPS 16262 b
(1) involves an initial data collection and a
reassessment and analysis of client or community needs;
and
(2) provides the foundation for nutrition diagnosis
and nutritional recommendations, including enteral and
parenteral nutrition.
"Nutrition care services" means any part of all of the
following services provided within a systematic process:
(1) assessing and evaluating the nutritional needs of
individuals and groups and determining resources and
constraints in the practice setting;
(2) ordering medical laboratory tests in accordance
with State law to check and track nutrition status and
monitor effectiveness of nutrition interventions, dietary
plans, and orders;
(3) establishing priorities, goals, and objectives
that meet an individual's nutritional needs and are
consistent with available resources and constraints;
(4) providing nutrition counseling in health and
disease;
(5) developing, implementing, and managing nutrition
care systems and food service operations;
(6) evaluating, making changes in, and maintaining
appropriate standards of quality in food and nutrition
services; and
(7) recommending, ordering, and providing therapeutic

HB3585 - 10 - LRB102 10930 SPS 16262 b
diets.
"Nutrition counseling" means a supportive process,
characterized by a collaborative counselor-patient or
counselor-client relationship with individuals or groups, to
establish food and nutrition priorities, goals, and
individualized action plans and general physical activity
guidance that acknowledge and foster responsibility for
self-care to treat an existing condition or promote health.
"Nutrition diagnosis" means identifying and labeling
nutritional problems that are managed and treated by a
dietitian nutritionist or nutritionist. "Nutrition diagnosis"
does not include the medical differential diagnosis of the
health of an individual.
"Nutrition intervention" means the purposefully planned
actions and counseling intended to positively change a
nutrition-related behavior, risk factor, environmental
condition, or aspect of the health status for an individual,
target groups, or the community at large.
"Nutritionist" means an individual licensed under this Act
as either a licensed dietitian nutritionist or a licensed
nutritionist.
"Nutrition monitoring and evaluation" means identifying
patient or client outcomes relevant to a nutrition diagnosis
and comparing the outcomes with the patient's or client's
previous health status, intervention goals, or reference
standards to determine the progress made in achieving desired

HB3585 - 11 - LRB102 10930 SPS 16262 b
outcomes of nutrition care and whether planned nutrition
interventions should be continued or revised.
"Onsite supervision" means the qualified supervisor is
onsite and present in the department or facility where
nutrition care services are provided, is immediately available
to the supervisee providing the services, and both maintains
continual involvement in the appropriate aspects of patient
care and has primary responsibility for all nutrition care
services rendered by the supervisee.
"Practice experience" means a preprofessional, documented,
supervised experience obtained by a supervisee in the practice
of in dietetics and or nutrition and the provision of medical
nutrition therapy services that is acceptable to the
Department as in compliance with requirements for licensure,
as specified in Section 45 or Section 46. It may be or may
include a documented, supervised practice experience obtained
under the supervision of a qualified supervisor, as defined in
this Section, which is a component of the educational
requirements for licensure either as a licensed dietitian
nutritionist, as specified in Section 45, or for licensure as
a licensed nutritionist, as specified in Section 46. An
applicant's supervised practice experience must be
successfully completed within a time period of no more than 5
years after the applicant's completion of the educational
requirements for licensure..
"Practice of dietetics and nutrition" means the

HB3585 - 12 - LRB102 10930 SPS 16262 b
integration and application of scientific principles derived
from the study of food, nutrition, biochemistry, metabolism,
nutrigenomics, physiology, food management, and behavioral and
social sciences in achieving and maintaining patients' and
clients' health throughout their life spans and in providing
nutrition care services in-person and via telehealth in both
clinical and community settings. The primary functions of the
"practice of dietetics and nutrition" are medical nutrition
therapy provided for the purpose of disease management or to
treat or rehabilitate an illness, injury, or condition and
other nutrition care services provided for health and wellness
and as primary prevention of chronic disease.
"Qualified supervisor" means:
(1) when supervising the provision of medical
nutrition therapy by a supervisee, an individual who is:
(A) a registered dietitian nutritionist or a
certified nutrition specialist;
(B) a licensed dietitian nutritionist or a
licensed nutritionist; or
(C) a health care provider licensed under the laws
of any U.S. state or territory, including licensed or
certified dietitian nutritionists and licensed
nutritionists, whose licensed scope of practice
includes the provision of nutrition care services for
the treatment or management of a disease or medical
condition.

HB3585 - 13 - LRB102 10930 SPS 16262 b
(2) when supervising the provision of nutrition care
services not constituting medical nutrition therapy by a
supervisee, an individual who either meets the
requirements of paragraph (1) or all of the following
requirements:
(A) has been regularly employed or self-employed
in the field of clinical nutrition for at least 3 of
the last 5 years immediately preceding commencement of
the applicant's supervised practice experience; and
(B) holds a doctoral degree with a major course of
study in dietetics, human nutrition, foods and
nutrition, community nutrition, public health
nutrition, naturopathic medicine, nutrition education,
nutrition, nutrition science, clinical nutrition,
applied clinical nutrition, nutrition counseling,
nutrition and functional medicine, nutritional
biochemistry, nutrition and integrative health, or an
equivalent course of study as recommended by the Board
and approved by the Department conferred by either:
(i) a U.S. regionally accredited college or
university accredited at the time of graduation
from the appropriate regional accrediting agency
recognized by the Council on Higher Education
Accreditation and the United States Department of
Education; or
(ii) an institution outside the United States

HB3585 - 14 - LRB102 10930 SPS 16262 b
and its territories with the supervisor's doctoral
degree validated as equivalent to the doctoral
degree conferred by a U.S. regionally accredited
college or university as recommended by the Board
and approved by the Department.
A "qualified supervisor" under paragraph (1) shall be
licensed in this State if supervising an applicant
providing medical nutrition therapy to an individual in
this State.
"Registered dietitian" or "registered dietitian
nutritionist" means an individual who is registered as a
dietitian or dietitian nutritionist credentialed by with the
Commission on Dietetic Registration that authorizes the
individual to use the titles "registered dietitian
nutritionist" and "registered dietitian" and the abbreviations
"RDN" and "RD" , the accrediting body of the Academy of
Nutrition and Dietetics, formerly known as the American
Dietetic Association.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Telehealth" or "telepractice" "Telepractice" means the
delivery of services under this Act by using electronic
communication, information technologies, or other means
between a licensee in one location and a patient in another
location, with or without an intervening healthcare provider.
"Telehealth" or "telepractice" includes direct, interactive

HB3585 - 15 - LRB102 10930 SPS 16262 b
patient encounters; asynchronous store-and-forward
technologies; and remote monitoring means other than
in-person, including, but not limited to, telephone, email,
Internet, or other methods of electronic communication.
Telepractice is not prohibited under this Act provided that
the provision of telepractice services is appropriate for the
client and the level of care provided meets the required level
of care for that client. Individuals providing services
regulated by this Act via telepractice shall comply with and
are subject to all licensing and disciplinary provisions of
this Act.
"Therapeutic diet" means a nutrition intervention
prescribed by a physician or other authorized non-physician
practitioner that provides food or nutrients via oral,
enteral, and parenteral routes as part of treatment of disease
or clinical conditions to modify, eliminate, decrease, or
increase identified micro-nutrients and macro-nutrients in the
diet.
(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13.)
(225 ILCS 30/15) (from Ch. 111, par. 8401-15)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15. License required.
(a) No person may provide, offer to provide, or attempt to
provide medical nutrition therapy, whether engage for
remuneration or not, in the practice of dietetics and

HB3585 - 16 - LRB102 10930 SPS 16262 b
nutrition services or hold himself or herself out as a
licensed dietitian nutritionist or a licensed nutritionist or
as a qualified provider of nutrition care services, including
medical nutrition therapy, unless the person is licensed in
accordance with this Act.
(b) This Section does not prohibit the provision of
medical nutrition therapy practice of dietetics and nutrition
services by a the following: (1) A person that is licensed to
practice dietetics and nutrition, including medical nutrition
therapy, under the law of another state, territory of the
United States, or country and has applied in writing to the
Department in form and substance satisfactory to the
Department for a license as a licensed dietitian nutritionist
or licensed nutritionist under this Act until (i) the
expiration of 6 months after filing the written application,
(ii) the withdrawal of the application, or (iii) the denial of
the application by the Department.
(2) A person that is licensed to practice dietetics
under the law of another state, territory of the United
States, or country, or is a certified nutrition
specialist, a certified clinical nutritionist, a diplomate
of the American Clinical Board of Nutrition, or a
registered dietitian, who has applied in writing to the
Department in form and substance satisfactory to the
Department for a license as a dietitian nutritionist until
(i) the expiration of 6 months after the filing the

HB3585 - 17 - LRB102 10930 SPS 16262 b
written application, (ii) the withdrawal of the
application, or (iii) the denial of the application by the
Department.
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/15.5)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15.5. Unlicensed practice; violation; civil penalty.
(a) Any person who provides practices, offers to provide
practice, attempts to provide practice, or holds oneself out
as qualified, licensed, or being able to provide medical
nutrition therapy or holds oneself out as licensed or
qualified to practice dietetics and nutrition dietetics and
nutrition services 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

HB3585 - 18 - LRB102 10930 SPS 16262 b
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/17)
Sec. 17. Other activities subject to licensure under this
Act.
(a) A licensed dietitian nutritionist or licensed
nutritionist may order patient or resident diets, including
therapeutic diets, in accordance with the following:
(1) Enteral and parenteral nutrition therapy shall
consist of enteral feedings or specialized intravenous
solutions as part of a therapeutic diet and shall only be
ordered or performed by an individual licensed under this
Act who:
(A) (a) is a registered dietitian or registered
dietitian nutritionist currently registered with the
Commission on Dietetic Registration, the accrediting
body of the Academy of Nutrition and Dietetics,
formerly known as the American Dietetic Association;
(B) (b) is a certified nutrition support clinician
currently credentialed as such certified by the
National Board of Nutrition Support Certification; or
(C) (c) meets the requirements set forth in the
rules of the Department it may establish as necessary
to implement this Section to be consistent with

HB3585 - 19 - LRB102 10930 SPS 16262 b
competencies necessary for evaluating, ordering, and
administrating enteral and parenteral nutrition
therapies.
(2) Developing and managing food service operations
whose chief function is nutrition care or that are
otherwise utilized in the management or treatment of
diseases or medical conditions shall only be performed by
an individual licensed under this Act with competencies in
the management of health care food service.
(3) Oral therapeutic diets may be ordered by either a
licensed dietitian nutritionist or licensed nutritionist.
(4) Licensed dietitian nutritionists and licensed
nutritionists shall provide nutrition care services using
systematic, evidence-based problem-solving methods of the
nutrition care process. Individuals licensed under this
Act shall employ these methods to critically think and
make decisions to address nutrition-related problems and
to provide safe, effective, medical nutrition therapy and
other quality nutrition care services to patients,
residents, and clients in clinical and community settings
across the continuum of care.
(5) A licensed dietitian nutritionist or licensed
nutritionist may implement prescription drug dose
adjustments for specific disease treatment protocols
within the limits of their knowledge, skills, judgment,
and current evidence-informed clinical practice guidelines

HB3585 - 20 - LRB102 10930 SPS 16262 b
as indicated in a facility approved protocol and as
approved and delegated by the licensed prescriber. The
provisions of this Section do not authorize licensees to
prescribe or initiate drug treatment. Licensed registered
dietitians and licensed nutritionists may be authorized to
prescribe vitamin and mineral supplements or discontinue
unnecessary vitamins and minerals.
(b) Nothing in this Section shall be construed to limit
the ability of any other licensed health care provider in this
State to order therapeutic diets if the ordering of
therapeutic diets falls within the scope of his or her
license.
(Source: P.A. 98-148, eff. 8-2-13.)
(225 ILCS 30/20) (from Ch. 111, par. 8401-20)
(Section scheduled to be repealed on January 1, 2023)
Sec. 20. Exemptions. This Act does not prohibit or
restrict:
(a) Any person licensed in this State under any other Act
from engaging in the practice for which he or she is licensed
as long as the person does not hold himself or herself out as
qualified, able, or licensed to provide medical nutrition
therapy or use a title in connection with his or her name whose
use is restricted to individuals licensed under this Act, as
specified in Section 80.
(b) Any person from providing medical nutrition therapy if

HB3585 - 21 - LRB102 10930 SPS 16262 b
that The practice of dietetics and nutrition services by a
person who is employed by the United States or State
government or any of its bureaus, divisions, or agencies, or
departments while in the discharge of the employee's official
duties.
(c) The distribution of general non-medical nutrition
information The practice of dietetics and nutrition services
by a person employed as a cooperative extension home
economist, to the extent the activities are part of his or her
employment.
(d) The provision of medical nutrition therapy practice of
dietetics and nutrition services by a person pursuing a course
of study leading to a degree in dietetics, nutrition, or an
equivalent major from a U.S. regionally accredited school or
program, if (i) the activities and services constitute a part
of a supervised course of study, (ii) the activities and
services are not conducted in an independent private practice
of medical nutrition therapy, (iii) the activities and
services are supervised by a qualified supervisor, and (iv) if
the person is designated by a title that clearly indicates the
person's status as a student or trainee.
(e) The activities and services of individuals seeking to
fulfill post-degree practice experience requirements in order
to qualify for licensing as a licensed dietitian nutritionist
or licensed nutritionist under this Act, so long as the
individual is not engaged in the independent private practice

HB3585 - 22 - LRB102 10930 SPS 16262 b
of medical nutrition therapy and is in compliance with all
applicable regulations regarding supervision, including, but
not limited to, the requirement that the supervised practice
experience must be under the order, control, and full
professional responsibility of their supervisor. The
Department may, by rule, adopt further limitations on
individuals practicing under this subsection (e) practice of
dietetics and nutrition services by a person fulfilling the
supervised practice experience component of Section 45, if the
activities and services constitute a part of the experience
necessary to meet the requirements of Section 45.
(f) A person, including a licensed acupuncturist, from:
(1) providing oral nutrition information as an
operator or employee of a health food store or business
that sells health products, including dietary supplements,
food, herbs, or food materials; or
(2) disseminating written nutrition information in
connection with the marketing and distribution of those
products, or discussing the use of those products, both
individually and as components of nutritional programs,
including explanations of their federally regulated label
claims, any known drug-nutrient interactions, their role
in various diets, or suggestions as how to best use and
combine them.
(g) The practice of dietetics and nutrition services by an
educator who is in the employ of a nonprofit organization; a

HB3585 - 23 - LRB102 10930 SPS 16262 b
federal, state, county, or municipal agency, or other
political subdivision; an elementary or secondary school; or a
regionally accredited institution of higher education, as long
as the activities and services of the educator are part of his
or her employment.
(h) An individual providing medical weight control
services for individuals with prediabetes or obesity if:
(1) under a program of instruction approved in writing
by one of the following: a dietitian nutritionist or
nutritionist licensed in this State; a dietitian
nutritionist or nutritionist certified or licensed by
another state that has licensure requirements considered
by the Department to be at least as stringent as the
requirements for licensure under this Act; a registered
dietitian nutritionist; or a certified nutrition
specialist; or
(2) as part of a plan of care overseen by a
State-licensed health care practitioner acting within the
scope of the individual's licensed profession and
consistent with accepted professional standards for
providing nutrition care services, to treat or manage the
disease or medical condition. The practice of dietetics
and nutrition services by any person who provides weight
control services, provided the nutrition program has been
reviewed by, consultation is available from, and no
program change can be initiated without prior approval by

HB3585 - 24 - LRB102 10930 SPS 16262 b
an individual licensed under this Act, an individual
licensed to practice dietetics or nutrition services in
another state that has licensure requirements considered
by the Department to be at least as stringent as the
requirements for licensure under this Act, or a registered
dietitian.
(i) The practice of dietetics and nutrition services by
any person with a masters or doctorate degree with a major in
nutrition or equivalent from a regionally accredited school
recognized by the Department for the purpose of education and
research.
(j) Any person from providing nutrition information,
nutrition recommendations, health coaching, holistic and
wellness education, guidance, motivation, behavior change
management, weight control, or other nutrition care services
if it does not constitute medical nutrition therapy and as
long as the person does not hold himself or herself out as
qualified, able, or licensed to provide medical nutrition
therapy or use a title in connection with his or her name whose
use is restricted to individuals licensed under this Act, as
specified in Section 80 A person from providing general
nutrition information or encouragement of general healthy
eating choices that does not include the development of a
customized nutrition regimen for a particular client or
individual, or from providing encouragement for compliance
with a customized nutrition plan prepared by a licensed

HB3585 - 25 - LRB102 10930 SPS 16262 b
dietitian nutritionist or any other licensed professional
whose scope of practice includes nutrition assessment and
counseling.
(k) The provision of nutrition care services by a
nutrition and dietetic technician, registered or practice of
dietetics and nutrition services by a graduate of a 2 year
associate program or a 4 year baccalaureate program from a
school or program accredited at the time of graduation by the
appropriate accrediting agency recognized by the Council on
Higher Education Accreditation and the United States
Department of Education with a major course of study in human
nutrition, food and nutrition or its equivalent, as authorized
by the Department, who is directly supervised by an individual
licensed under this Act.
(l) Providing nutrition information as an employee of a
nursing facility operated exclusively by and for those relying
upon spiritual means through prayer alone for healing in
accordance with the tenets and practices of a recognized
church or religious denomination.
(m) A dietary technical support person working in a
hospital setting or a regulated Department of Public Health or
Department on Aging facility or program who has been trained
and is supervised while engaged in the practice of dietetics
and nutrition by a licensed dietitian nutritionist in
accordance with this Act and whose services are retained by
that facility or program on a full-time or regular, ongoing

HB3585 - 26 - LRB102 10930 SPS 16262 b
consultant basis.
(n) The provision of nutrition care services without
remuneration to family members.
Nothing in this Section shall be construed to permit
students, trainees, or supervisees to offer their services as
dietitians or nutritionists to any other person, other than as
specifically excepted in this Section, unless they have been
licensed under this Act.
The provisions of this Act shall not be construed to
prohibit or limit any person from the free dissemination of
information, from conducting a class or seminar, or from
giving a speech related to nutrition if that person does not
hold himself or herself out as a licensed dietitian
nutritionist in a manner prohibited by Section 15.
The provisions of this Act shall not be construed to
prohibit or limit any physician licensed under the Medical
Practice Act of 1987 to practice medicine in all its branches
or from delegating nutrition-related therapies and procedures
by consultation, by organization policy, or by contract to an
appropriately trained, qualified, and supervised individual
licensed under this Act.
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/30) (from Ch. 111, par. 8401-30)
(Section scheduled to be repealed on January 1, 2023)
Sec. 30. Dietitian Nutritionist Practice Board. The

HB3585 - 27 - LRB102 10930 SPS 16262 b
Secretary shall appoint a Dietitian Nutritionist Practice
Board as follows: 7 individuals who shall be appointed by and
shall serve in an advisory capacity to the Secretary. Of these
7 individuals, 6 members must be licensed under this Act, 2 of
which must be a registered dietitian and 2 of which must be
either a certified clinical nutritionist, a certified
nutrition specialist, or a diplomate of the American Clinical
Board of Nutrition, and one member must be a public member not
licensed under this Act.
Members shall serve 3-year terms and until their
successors are appointed and qualified. No member 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 years.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term.
Insofar as possible, the licensed professionals appointed
to serve on the Board shall be generally representative of the
geographical distribution of licensed professionals within
this State. Any time there is a vacancy on the Board, any
professional association composed of persons licensed under
this Act may recommend licensees to fill the vacancy to the
Board for the appointment of licensees.
A vacancy in the membership of the Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Board.

HB3585 - 28 - LRB102 10930 SPS 16262 b
Members of the Board shall have no liability in any action
based upon any disciplinary proceeding or other activity
performed in good faith as members of the Board.
The Secretary shall have the authority to remove or
suspend any member of the Board for cause at any time before
the expiration of his or her term. The Secretary shall be the
sole arbiter of cause.
The Secretary shall consider the recommendation of the
Board on questions of standards of professional conduct,
discipline, and qualifications of candidates or licensees
under this Act.
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/38 new)
Sec. 38. Criminal history records background check. The
Department may require that each applicant for licensure by
examination or restoration have his or her fingerprints
submitted to the Department of State Police in an electronic
format that complies with the form and manner for requesting
and furnishing criminal history record information as
prescribed by the Department of State Police. If so required,
these fingerprints shall be checked against the Department of
State Police and Federal Bureau of Investigation criminal
history record databases now and hereafter filed. The
Department of State Police shall charge applicants a fee for
conducting the required criminal history records check, which

HB3585 - 29 - LRB102 10930 SPS 16262 b
shall be deposited into the State Police Services Fund and
shall not exceed the actual cost of the records check. The
Department of State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department, in its discretion, may allow an
applicant who does not have reasonable access to a designated
vendor to provide his or her fingerprints in an alternative
manner. The Department may adopt any rules necessary to
implement this Section.
(225 ILCS 30/45) (from Ch. 111, par. 8401-45)
(Section scheduled to be repealed on January 1, 2023)
Sec. 45. Dietitian nutritionist; qualifications. A person
shall be qualified for licensure as a dietitian nutritionist
if that person meets all of the following requirements in
subsection (a) or (b) as follows:
(a) Has applied in writing in form and substance
acceptable to the Department and submits proof of completion
of all of the following educational, supervised practice
experience, and examination requirements:
(1) Possesses possesses a baccalaureate degree or post
baccalaureate degree with a major course of study in human
nutrition, foods and nutrition, dietetics, food systems
management, nutrition education, nutrition, nutrition

HB3585 - 30 - LRB102 10930 SPS 16262 b
science, clinical nutrition, applied clinical nutrition,
nutrition counseling, nutrition and functional medicine,
nutritional biochemistry, nutrition and integrative
health, or an equivalent major course of study that meets
the competency requirements of an academic program in
dietetics accredited by the Accreditation Council for
Education in Nutrition and Dietetics as recommended by the
Board and approved by the Department from:
(A) a school or program accredited at the time of
graduation from the appropriate regional accrediting
agency recognized by the Council on Higher Education
Accreditation and the United States Department of
Education; or .
(B) a college or university in a foreign country
validated as equivalent as recommended by the Board
and approved by the Department.
(2) (b) Has successfully completed an examination
authorized by the Department which may be or may include
examinations given by each of the American Clinical Board
of Nutrition, the Certification Board of Nutrition
Specialists, the Clinical Nutrition Certification Board,
and the Registration Examination for Dietitian
Nutritionists administered by the Commission on Dietetic
Registration, or another examination approved by the
Department.
The Department shall establish by rule a waiver of the

HB3585 - 31 - LRB102 10930 SPS 16262 b
examination requirement to applicants who, at the time of
application, are acknowledged to be certified clinical
nutritionists by the Clinical Nutrition Certification Board,
certified nutrition specialists by the Certification Board of
Nutrition Specialists, diplomates of the American Clinical
Board of Nutrition, or registered dietitians by the Commission
on Dietetic Registration and who are in compliance with other
qualifications as included in the Act.
(3) Has successfully completed a planned clinical
program in the practice of dietetics and nutrition and the
provision of medical nutrition therapy that meets the
competency requirements of a supervised practice
accredited by the Accreditation Council for Education in
Nutrition and Dietetics as recommended by the Board and
approved by the Department. A planned clinical program
under this paragraph (3) shall include no fewer than 1,000
hours under the supervision of either of the following:
(A) A dietitian nutritionist licensed by this
State or registered, certified, or licensed under the
laws of any other state with licensure requirements
considered by the Department to be at least as
stringent as the requirements for licensure under this
Act.
(B) A dietitian nutritionist registered with the
Commission on Dietetic Registration. (c) Has completed
a dietetic internship or documented, supervised

HB3585 - 32 - LRB102 10930 SPS 16262 b
practice experience in dietetics and nutrition
services of not less than 900 hours under the
supervision of a certified clinical nutritionist,
certified nutrition specialist, diplomate of the
American Clinical Board of Nutrition, registered
dietitian or a licensed dietitian nutritionist, a
State licensed healthcare practitioner, or an
individual with a doctoral degree conferred by a U.S.
regionally accredited college or university with a
major course of study in human nutrition, nutrition
education, food and nutrition, dietetics, food systems
management, nutrition, nutrition science, clinical
nutrition, applied clinical nutrition, nutrition
counseling, nutrition and functional medicine, or
nutrition and integrative health.
Supervised practice experience must be completed in the
United States or its territories. Supervisors who obtained
their doctoral degree outside the United States and its
territories must have their degrees validated as equivalent to
the doctoral degree conferred by a U.S. regionally accredited
college or university.
(b) Has applied in writing in form and substance
acceptable to the Department and provides evidence of current
and valid registration as a registered dietitian or registered
dietitian nutritionist with the Commission on Dietetic
Registration.

HB3585 - 33 - LRB102 10930 SPS 16262 b
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/46 new)
Sec. 46. Nutritionist; qualifications. A person is
qualified for licensure as a nutritionist if that person meets
all of the following requirements:
(1) Has applied in writing in a form and substance
acceptable to the Department and submitted proof that the
applicant has received a master's degree or doctoral
degree from a school or program accredited at the time of
graduation from the appropriate regional accrediting
agency recognized by the Council on Higher Education
Accreditation and the United States Department of
Education or has received an academic degree from a
college or university in a foreign country validated as
equivalent, with all of the following:
(A) A major course of study in human nutrition,
food and nutrition, community nutrition, public health
nutrition, nutrition education, nutrition, nutrition
science, clinical nutrition, applied clinical
nutrition, nutrition counseling, nutrition and
functional medicine, nutritional biochemistry,
nutrition and integrative health, or an equivalent
major course of study as recommended by the Board and
approved by the Department, or the validated foreign
equivalent in a field of clinical health care.

HB3585 - 34 - LRB102 10930 SPS 16262 b
(B) A course of study leading to competence in
medical nutrition therapy, including, but not limited
to, the completion of all of the following:
(i) Fifteen semester hours of clinical or life
sciences coursework with at least 3 semester hours
in human anatomy and physiology or the equivalent
as recommended by the Board and approved by the
Department.
(ii) Fifteen semester hours of nutrition and
metabolism coursework with at least 6 semester
hours in biochemistry or an equivalent as as
recommended by the Board and approved by the
Department.
(2) Has completed a Board-approved internship or
Board-approved documented, supervised practice experience
demonstrating competency in nutrition care services and
the provision of medical nutrition therapy for not fewer
than 1,000 hours involving no less than 200 hours each of:
(A) Nutrition assessment.
(B) Nutrition intervention, education, counseling,
or management.
(C) Nutrition monitoring or evaluation.
A minimum of 700 hours of the supervised practice
experience is required in professional work settings and
no more than 300 hours can be in alternate supervised
experiences, such as observational client-practitioner

HB3585 - 35 - LRB102 10930 SPS 16262 b
interactions, simulation, case studies, and role playing.
This experience shall be under the supervision of a
qualified supervisor with the requisite education,
training, and license or certification required pursuant
to Section 10. Qualified supervisors must provide onsite
supervision of an applicant's supervised practice
experience in the provision of medical nutrition therapy
and provide general supervision of an applicant's
provision of other nutrition care services that do not
constitute medical nutrition therapy. Supervised practice
experience must be completed in the United States or its
territories. A supervisor who obtained his or her doctoral
degree outside the United States and its territories must
have his or her degrees validated as equivalent to the
doctoral degree conferred by a U.S. regionally accredited
college or university.
(3) Meets either of the following criteria:
(A) Has successfully passed the Certification
Examination for Nutrition Specialists administered by
the Board for Certification of Nutrition Specialists
or the Diplomate of the American Clinical Board of
Nutrition examination administered by the American
Clinical Board of Nutrition.
(B) Holds a valid current certification with the
Board for Certification of Nutrition Specialists that
authorizes the applicant to use the title "certified

HB3585 - 36 - LRB102 10930 SPS 16262 b
nutrition specialist" or the abbreviation "C.N.S." or
a valid current certification with the American
Clinical Board of Nutrition that authorizes the
applicant to use the title "diplomate, American
Clinical Board of Nutrition" or the abbreviation
"D.A.C.B.N."
(225 ILCS 30/70) (from Ch. 111, par. 8401-70)
(Section scheduled to be repealed on January 1, 2023)
Sec. 70. Inactive status; restoration; military service.
(a) Any person who notifies the Department in writing on
forms prescribed by the Department may elect to place his or
her license on an inactive status and shall, subject to rules
of the Department, be excused from payment of renewal fees
until he or she notifies the Department in writing of the
desires to resume active status.
(b) A licensee 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 making application to the
Department by filing proof acceptable to the Department of his
or her fitness to have the license restored and by paying the
required fees. Proof of fitness may include sworn evidence
certifying to active lawful practice in another jurisdiction.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, then the
Department shall determine, by an evaluation program

HB3585 - 37 - LRB102 10930 SPS 16262 b
established by rule, his or her fitness for restoration of the
license and shall establish procedures and requirements for
restoration.
(c) A licensee 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 before induction into the military
service, may have the license restored without paying any
lapsed renewal fees if within 2 years after honorable
termination of the service, training, or education he or she
furnishes the Department with satisfactory evidence to the
effect that he or she has been so engaged and that his or her
service, training, or education has been so terminated.
(d) Any person requesting restoration from inactive status
shall be required to pay the current renewal fee, shall meet
continuing education requirements, and shall be required to
restore his or her license as provided in Section 65 of this
Act.
(e) A person licensed under this Act whose license is on
inactive status or in a non-renewed status shall not provide
medical nutrition therapy engage in the practice of dietetics
or nutrition services in the State of Illinois or use the title
or advertise that he or she performs the services of a licensed
dietitian nutritionist or licensed nutritionist.
(f) Any person violating this Section shall be considered

HB3585 - 38 - LRB102 10930 SPS 16262 b
to be practicing without a license and will be subject to the
disciplinary provisions of this Act.
(g) A member of the United States Armed Forces or the
member's spouse who is registered, certified, or licensed as a
dietitian nutritionist or nutritionist in another state with
registration, certification, or licensure requirements
substantially equivalent to the licensure requirements under
this Act may be licensed as a dietitian nutritionist or a
nutritionist, respectively, in this State by providing a proof
of licensure in good standing in the other state in accordance
with rules adopted by the Board. A member or the member's
spouse who qualifies for licensure as a dietitian nutritionist
or a nutritionist under this subsection is exempt from paying
the initial licensure application fee. If a member or the
member's spouse does not qualify for licensure as a dietitian
nutritionist or a nutritionist under this subsection, the
member or the member's spouse shall apply for licensure as
specified under this Act and is exempt from paying the initial
licensure application fee.
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/75) (from Ch. 111, par. 8401-75)
(Section scheduled to be repealed on January 1, 2023)
Sec. 75. Reciprocity Endorsement.
(a) The Department may license as a dietitian
nutritionist, without examination, on payment of required fee,

HB3585 - 39 - LRB102 10930 SPS 16262 b
an applicant who is a dietitian, dietitian nutritionist, or
nutritionist, or nutrition counselor licensed or certified
under the laws of another state, territory, or country, if
Department determines that the requirements for licensure
were, at the date of his or her licensure, considered at least
as stringent as the requirements for licensure as a dietitian
nutritionist under this Act in the state, territory, or
country in which the applicant was licensed were, at the date
of his or her licensure, substantially equal to the
requirements of this Act.
(b) The Department may license as a nutritionist, without
examination, on payment of required fee, an applicant who is a
dietitian, dietitian nutritionist, or nutritionist licensed or
certified under the laws of another state, territory, or
country, if the requirements for licensure were, at the date
of his or her licensure, considered by the Department to be at
least as stringent as the requirements for licensure as a
nutritionist under this Act.
(Source: P.A. 92-642, eff. 10-31-03.)
(225 ILCS 30/80) (from Ch. 111, par. 8401-80)
(Section scheduled to be repealed on January 1, 2023)
Sec. 80. Use of title; advertising.
(a) Only a person who is issued a license as a dietitian
nutritionist under this Act may use the words "licensed
dietitian nutritionist", "dietitian nutritionist", or

HB3585 - 40 - LRB102 10930 SPS 16262 b
"dietitian", "licensed nutritionist", or "nutrition counselor"
or the letters "L.D.N." in connection with his or her name.
Only a person who is issued a license as a nutritionist under
this Act may use the words "licensed nutritionist" or the
letters "L.N." in connection with his or her name. Only a
person licensed under this Act may use the word "nutritionist"
in connection with his or her name.
(b) It is unlawful for an individual who is not licensed
under this Act either to use in connection with his or her name
or to allow a business entity or a business entity's
employees, agents or representatives to use any of the
following titles or abbreviations in connection with their
names: "dietitian nutritionist", "nutritionist", "dietitian",
"dietician", "nutrition counselor", "nutrition specialist",
"LDN", "LD", "LN", "nutritional therapy practitioner",
"nutritional therapy consultant", "certified nutrition therapy
practitioner", "master nutrition therapist", "licensed
dietitian nutritionist", "licensed nutritionist", or any other
title, designation, words, letters, abbreviations, or insignia
holding oneself out as or indicating one as a provider of
medical nutrition therapy or as licensed under this Act.
(c) A licensee shall include in every advertisement for
services regulated under this Act his or her title as it
appears on the license or the initials authorized under this
Act. Advertisements shall not include false, fraudulent,
deceptive, or misleading material or guarantees of success.

HB3585 - 41 - LRB102 10930 SPS 16262 b
(Source: P.A. 97-1141, eff. 12-28-12.)
(225 ILCS 30/95) (from Ch. 111, par. 8401-95)
(Section scheduled to be repealed on January 1, 2023)
Sec. 95. Grounds for discipline.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any license or
certificate for any one or combination of the following
causes:
(a) Material misstatement in furnishing information to
the Department.
(b) Violations of this Act or of rules adopted under
this Act.
(c) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly
related to the practice of the profession.
(d) Fraud or any misrepresentation in applying for or

HB3585 - 42 - LRB102 10930 SPS 16262 b
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(e) Professional incompetence or gross negligence.
(f) Malpractice.
(g) Aiding or assisting another person in violating
any provision of this Act or its rules.
(h) Failing to provide information within 60 days in
response to a written request made by the Department.
(i) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(j) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(k) Discipline by another state, the District of
Columbia, territory, country, or governmental agency if at
least one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(l) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered. Nothing in this
paragraph (1) affects any bona fide independent contractor
or employment arrangements among health care
professionals, health facilities, health care providers,
or other entities, except as otherwise prohibited by law.

HB3585 - 43 - LRB102 10930 SPS 16262 b
Any employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (1) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(m) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(n) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or
departments.
(o) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(p) Practicing under a false or, except as provided by
law, an assumed name.
(q) Gross and willful overcharging for professional
services.
(r) (Blank).
(s) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(t) Cheating on or attempting to subvert a licensing
examination administered under this Act.

HB3585 - 44 - LRB102 10930 SPS 16262 b
(u) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(v) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill that results in a licensee's inability to practice
under this Act with reasonable judgment, skill, or safety.
(w) Advising an individual to discontinue, reduce,
increase, or otherwise alter the intake of a drug
prescribed by a physician licensed to practice medicine in
all its branches or by a prescriber as defined in Section
102 of the Illinois Controlled Substances Act unless the
individual licensed under this Act is otherwise authorized
to do so.
(2) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(3) (Blank).
(4) In cases where the Department of Healthcare and Family

HB3585 - 45 - LRB102 10930 SPS 16262 b
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's license or may take
other disciplinary action against that person based solely
upon the certification of delinquency made by the Department
of Healthcare and Family Services in accordance with item (5)
of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(5) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension
shall end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(6) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure
under this Act, to submit to a mental or physical examination,
or both, as required by and at the expense of the Department.
The Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by

HB3585 - 46 - LRB102 10930 SPS 16262 b
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches.
Failure of an individual to submit to a mental or physical
examination, when directed, shall result in an automatic
suspension without hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited
to, deterioration through the aging process or loss of motor
skill, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, then the Department may file a
complaint to revoke, suspend, or otherwise discipline the

HB3585 - 47 - LRB102 10930 SPS 16262 b
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 30/100) (from Ch. 111, par. 8401-100)
(Section scheduled to be repealed on January 1, 2023)
Sec. 100. Injunctions; cease and desist orders.
(a) If any person violates a provision 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

HB3585 - 48 - LRB102 10930 SPS 16262 b
or the State's Attorney of the county in which the violation is
alleged to have occurred, petition for an order enjoining the
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the 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) If any person provides, offers to provide, attempts to
provide, practices as a dietitian nutritionist or holds
himself or herself out as qualified, licensed, or able to
provide medical nutrition therapy or holds himself or herself
out as licensed or qualified to practice dietetics and
nutrition or holds himself or herself out as a licensed
dietitian nutritionist or licensed nutritionist or uses words
or letters in connection with his or her name in violation of
Section 80 such without having a valid license under this Act,
then any licensee, 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.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should be

HB3585 - 49 - LRB102 10930 SPS 16262 b
entered against him or her. The rule shall clearly set forth
the grounds relied upon the Department and shall provide a
period of 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 in order to cease
and desist to be issued immediately.
(Source: P.A. 97-1141, eff. 12-28-12.)
Section 99. Effective date. This Act takes effect January
1, 2022, except that this Section and Section 5 take effect
upon becoming law.
HB3585 - 50 - LRB102 10930 SPS 16262 b
INDEX
Statutes amended in order of appearance