Bill Text: IL HB4126 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Naprapathic Practice Act. Removes all references in the Act to the Naprapathic Examining Committee. Allows the Department to take action, including imposing fines not to exceed $10,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Makes changes in provisions concerning definitions; educational and professional qualifications for licensure; title and designation of licensed naprapaths; powers and duties of the Department; rules; reports; Social Security Numbers on license application; renewal, reinstatement, restoration of licenses; military service; fees; roster; advertising; grounds for disciplinary action; refusal, revocation, and suspension; returned checks; fees; injunctions; cease and desist orders; investigation; notice; hearings; formal hearings; preservation of record; subpoenas; oaths; findings of fact, conclusions of laws, and recommendations; hearing officer; service of report; rehearing; order; substantial justice to be done; rehearing; order or certified copy as prima facie proof; restoration of licenses; imminent danger to public; summary suspension; provision concerning certifying records to the Court; and the Administrative Procedure Act. Amends the Regulatory Sunset Act to extend the repeal of the Naprapathic Practice Act from January 1, 2013 to January 1, 2023. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0778 [HB4126 Detail]
Download: Illinois-2011-HB4126-Enrolled.html
Bill Title: Amends the Naprapathic Practice Act. Removes all references in the Act to the Naprapathic Examining Committee. Allows the Department to take action, including imposing fines not to exceed $10,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Makes changes in provisions concerning definitions; educational and professional qualifications for licensure; title and designation of licensed naprapaths; powers and duties of the Department; rules; reports; Social Security Numbers on license application; renewal, reinstatement, restoration of licenses; military service; fees; roster; advertising; grounds for disciplinary action; refusal, revocation, and suspension; returned checks; fees; injunctions; cease and desist orders; investigation; notice; hearings; formal hearings; preservation of record; subpoenas; oaths; findings of fact, conclusions of laws, and recommendations; hearing officer; service of report; rehearing; order; substantial justice to be done; rehearing; order or certified copy as prima facie proof; restoration of licenses; imminent danger to public; summary suspension; provision concerning certifying records to the Court; and the Administrative Procedure Act. Amends the Regulatory Sunset Act to extend the repeal of the Naprapathic Practice Act from January 1, 2013 to January 1, 2023. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0778 [HB4126 Detail]
Download: Illinois-2011-HB4126-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.23 and by adding Section 4.33 as follows:
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6 | (5 ILCS 80/4.23)
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7 | Sec. 4.23. Acts and Sections repealed on January 1,
2013. | ||||||
8 | The following Acts and Sections of Acts are
repealed on January | ||||||
9 | 1, 2013:
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10 | The Dietetic and Nutrition Services Practice Act.
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11 | The Elevator Safety and Regulation Act.
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12 | The Fire Equipment Distributor and Employee Regulation Act | ||||||
13 | of 2011. | ||||||
14 | The Funeral Directors and Embalmers Licensing Code.
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15 | The Naprapathic Practice Act.
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16 | The Professional Counselor and Clinical Professional | ||||||
17 | Counselor
Licensing Act.
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18 | The Wholesale Drug Distribution Licensing Act.
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19 | Section 2.5 of the Illinois Plumbing License Law.
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20 | (Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
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21 | (5 ILCS 80/4.33 new) | ||||||
22 | Sec. 4.33. Act repealed on January 1, 2023. The following |
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1 | Act is
repealed on January 1, 2023: | ||||||
2 | The Naprapathic Practice Act.
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3 | Section 5. The Naprapathic Practice Act is amended by | ||||||
4 | changing Sections 10, 17, 25, 45, 57, 70, 85, 95, 100, 110, | ||||||
5 | 115, 120, 125, 130, 140, 145, 150, 155, 160, 165, 170, 180, | ||||||
6 | 190, and 200 and by adding Section 193 as follows:
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7 | (225 ILCS 63/10)
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8 | (Section scheduled to be repealed on January 1, 2013)
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9 | Sec. 10. Definitions. In this Act:
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10 | "Address of record" means the designated address recorded | ||||||
11 | by the Department in the applicant's or licensee's application | ||||||
12 | file or license file as maintained by the Department's | ||||||
13 | licensure maintenance unit. It is the duty of the applicant or | ||||||
14 | licensee to inform the Department of any change of address and | ||||||
15 | those changes must be made either through the Department's | ||||||
16 | website or by contacting the Department. | ||||||
17 | "Naprapath" means a person who practices Naprapathy and who | ||||||
18 | has met all
requirements as provided in the Act.
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19 | "Department" means the Department of Financial and | ||||||
20 | Professional Regulation.
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21 | " Secretary Director " means the Secretary Director of the | ||||||
22 | Department of Financial and Professional Regulation.
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23 | "Committee" means the Naprapathic Examining Committee | ||||||
24 | appointed by the
Director.
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1 | "Referral" means the following of guidance or direction to | ||||||
2 | the naprapath
given by the licensed physician, dentist, or | ||||||
3 | podiatrist who maintains
supervision of the patient.
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4 | "Documented current and relevant diagnosis" means a | ||||||
5 | diagnosis, substantiated
by signature or oral verification of a | ||||||
6 | licensed physician, dentist, or
podiatrist, that a patient's | ||||||
7 | condition is such that it may be treated by
naprapathy as | ||||||
8 | defined in this Act, which diagnosis shall remain in effect | ||||||
9 | until
changed by the licensed physician, dentist, or | ||||||
10 | podiatrist.
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11 | (Source: P.A. 87-1231.)
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12 | (225 ILCS 63/17)
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13 | (Section scheduled to be repealed on January 1, 2013)
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14 | Sec. 17. Educational and professional qualifications for | ||||||
15 | licensure. A person may be qualified to receive a license as a | ||||||
16 | naprapath if he
or she:
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17 | (1) is at least 18 years of age and of good moral | ||||||
18 | character;
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19 | (2) has graduated from a 2 year college level program | ||||||
20 | or its
equivalent approved by the Department;
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21 | (3) has graduated from a curriculum in naprapathy | ||||||
22 | approved by the
Department. In approving a curriculum in | ||||||
23 | naprapathy, the Department shall
consider, but not be bound | ||||||
24 | by, a curriculum approved by the American
Naprapathic | ||||||
25 | Association;
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1 | (4) has passed an examination approved by the | ||||||
2 | Department to
determine a person's fitness to practice as a | ||||||
3 | naprapath; and
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4 | (5) has met all other requirements of the Act.
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5 | The Department has the right and may request a personal | ||||||
6 | interview with an
applicant before the Committee to further | ||||||
7 | evaluate a person's qualifications
for a license.
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8 | (Source: P.A. 89-61, eff. 6-30-95 .)
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9 | (225 ILCS 63/25)
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10 | (Section scheduled to be repealed on January 1, 2013)
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11 | Sec. 25. Title and designation of licensed naprapaths. | ||||||
12 | Every person
to whom a valid existing license as a naprapath | ||||||
13 | has been issued under this
Act shall be designated | ||||||
14 | professionally a "naprapath", and not otherwise,
and any | ||||||
15 | licensed naprapath may, in connection with the
practice of
his | ||||||
16 | profession, use the title or designation of "naprapath", and, | ||||||
17 | if
entitled by degree from a college or university recognized | ||||||
18 | by the
Department of Professional Regulation , may use the title | ||||||
19 | of "Doctor of
Naprapathy" or the abbreviation "D.N.". When the | ||||||
20 | name of the licensed
naprapath is used professionally in oral, | ||||||
21 | written, or
printed
announcements, professional cards, or | ||||||
22 | publications for the information of
the public and is preceded | ||||||
23 | by the title "Doctor" or the abbreviation
"Dr.", the | ||||||
24 | explanatory designation of "naprapath", "naprapathy", "Doctor | ||||||
25 | of
Naprapathy", or the designation "D.N." shall be added |
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1 | immediately following
title and name. When the announcement, | ||||||
2 | professional cards, or
publication is in writing or in print, | ||||||
3 | the explanatory addition shall be
in writing, type, or print | ||||||
4 | not less than 1/2 the size of that used in the
name and title. | ||||||
5 | No person other than the holder of a valid existing
license | ||||||
6 | under this Act shall use the title and designation of "Doctor | ||||||
7 | of
Naprapathy", "D.N.", or "naprapath", either directly or | ||||||
8 | indirectly, in
connection with his or her profession or | ||||||
9 | business.
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10 | A naprapath licensed under this Act shall not hold himself | ||||||
11 | or herself
out as a Doctor of Chiropractic unless he or she is | ||||||
12 | licensed as a Doctor of
Chiropractic under the Medical Practice | ||||||
13 | Act of 1987 or any successor Act.
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14 | (Source: P.A. 89-61, eff. 6-30-95.)
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15 | (225 ILCS 63/45)
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16 | (Section scheduled to be repealed on January 1, 2013)
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17 | Sec. 45. Powers and duties of the Department; rules; | ||||||
18 | reports. The
Department shall exercise the powers and duties | ||||||
19 | prescribed by the Civil
Administrative Code of Illinois for the | ||||||
20 | administration of licensing Acts
and shall exercise any other | ||||||
21 | powers and duties necessary for effectuating
the purposes of | ||||||
22 | this Act.
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23 | The Department may promulgate rules consistent with
the | ||||||
24 | provisions of
this Act for its administration and enforcement | ||||||
25 | and may prescribe
forms which shall be issued in connection |
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1 | with this Act. The rules may
include standards and criteria for | ||||||
2 | licensure, and professional conduct
and discipline.
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3 | The Department shall consult with the Committee in | ||||||
4 | promulgating rules.
Notice of proposed rulemaking shall be | ||||||
5 | transmitted to the Committee and the
Department shall review | ||||||
6 | the Committee's responses and any recommendations
made by the | ||||||
7 | Committee. The Department may solicit the advice of the | ||||||
8 | Committee
on any
matter
relating to the administration and | ||||||
9 | enforcement of this Act.
Nothing shall limit the ability of the | ||||||
10 | Committee to provide recommendations
to the Director regarding | ||||||
11 | any matter affecting the administration of this
Act.
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12 | The Department shall issue quarterly to the Committee a | ||||||
13 | status report of
all complaints related to the profession | ||||||
14 | received by the Department.
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15 | (Source: P.A. 89-61, eff. 6-30-95.)
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16 | (225 ILCS 63/57)
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17 | (Section scheduled to be repealed on January 1, 2013)
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18 | Sec. 57. Social Security Number on license application. In | ||||||
19 | addition
to any other information required to be contained in | ||||||
20 | the application, every
application for an original , renewal, | ||||||
21 | reinstated, or restored license under
this
Act shall include | ||||||
22 | the applicant's Social Security Number, which shall be retained | ||||||
23 | in the agency's records pertaining to the license. As soon as | ||||||
24 | practical, the Department shall assign a customer's | ||||||
25 | identification number to each applicant for a license. |
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1 | Every application for a renewal, reinstated, or restored | ||||||
2 | license shall require the applicant's customer identification | ||||||
3 | number.
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4 | (Source: P.A. 97-400, eff. 1-1-12.)
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5 | (225 ILCS 63/70)
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6 | (Section scheduled to be repealed on January 1, 2013)
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7 | Sec. 70.
Renewal, reinstatement or restoration of | ||||||
8 | licenses; military
service. The expiration date and renewal | ||||||
9 | period for each license issued
under this Act shall be set by | ||||||
10 | rule.
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11 | All renewal applicants shall provide proof of having met | ||||||
12 | the requirements
of continuing education set forth in the rules | ||||||
13 | of the Department. The
Department shall, by rule, provide for | ||||||
14 | an orderly process for the
reinstatement of licenses that have | ||||||
15 | not been renewed due to failure to
meet the continuing | ||||||
16 | education requirements. The continuing education
requirements | ||||||
17 | may be waived in cases of extreme hardship as defined by rules
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18 | of the Department.
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19 | Any naprapath who has permitted his or her license to | ||||||
20 | expire or who has
had his or her license on inactive status may | ||||||
21 | have his or her license restored
by making application to the | ||||||
22 | Department and filing proof acceptable to the
Department of | ||||||
23 | fitness to have the license restored and by paying the required
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24 | fees. Proof of fitness may include sworn evidence certifying to | ||||||
25 | active lawful
practice in another jurisdiction.
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1 | If the licensee has not maintained an active practice in | ||||||
2 | another jurisdiction satisfactory to the Department, then the | ||||||
3 | The Department shall determine, by an evaluation program | ||||||
4 | established by
rule, fitness for restoration of the license and | ||||||
5 | shall establish
procedures and requirements for restoration.
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6 | Any naprapath whose license expired while he or she was (i) | ||||||
7 | in
federal service on active duty with the Armed Forces of the | ||||||
8 | United States or
the
State Militia called into service or | ||||||
9 | training or (ii) in training or
education under the supervision | ||||||
10 | of the United States preliminary to
induction into the military | ||||||
11 | service, however, may have his or her license
restored without | ||||||
12 | paying any lapsed renewal fees if within 2 years after
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13 | honorable termination of service, training, or education, he or | ||||||
14 | she furnishes
the Department with satisfactory evidence to the | ||||||
15 | effect that he or she has been
so engaged and that his or her | ||||||
16 | service, training, or education has been so
terminated.
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17 | (Source: P.A. 87-1231.)
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18 | (225 ILCS 63/85)
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19 | (Section scheduled to be repealed on January 1, 2013)
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20 | Sec. 85. Fees.
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21 | (a) The Department shall provide by rule for a schedule of | ||||||
22 | fees for the
administration and
enforcement of this Act, | ||||||
23 | including but not limited to original licensure,
renewal, and
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24 | restoration. The fees shall be nonrefundable.
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25 | All fees , fines, and penalties collected under this Act |
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1 | shall be deposited into the General
Professions
Dedicated Fund | ||||||
2 | and shall be appropriated to the Department for the ordinary | ||||||
3 | and
contingent expenses of the Department in the administration | ||||||
4 | of this Act.
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5 | (b) An applicant for the examination
shall be required to | ||||||
6 | pay, either to the Department or to the designated testing
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7 | service, a fee covering the cost of initial screening to | ||||||
8 | determine an
applicant's eligibility and
providing the | ||||||
9 | examination. Failure to appear for the examination on the
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10 | scheduled date, at the time and place specified, after the | ||||||
11 | applicant's
application for examination has been received and
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12 | acknowledged by the
Department or the designated testing | ||||||
13 | service, shall result in the forfeiture of
the examination fee.
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14 | (Source: P.A. 92-655, eff. 7-16-02.)
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15 | (225 ILCS 63/95)
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16 | (Section scheduled to be repealed on January 1, 2013)
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17 | Sec. 95. Roster. The Department shall maintain a roster of | ||||||
18 | the names and
addresses of record of all licensees and of all | ||||||
19 | persons whose licenses have been
suspended or revoked. This | ||||||
20 | roster shall be available upon written request
and payment of | ||||||
21 | the required fee.
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22 | (Source: P.A. 87-1231.)
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23 | (225 ILCS 63/100)
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24 | (Section scheduled to be repealed on January 1, 2013)
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1 | Sec. 100. Advertising.
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2 | (a) Any person licensed under this Act may
advertise the | ||||||
3 | availability of professional services in the public media or
on | ||||||
4 | the premises where professional services are rendered if the | ||||||
5 | advertising
is truthful and not misleading and is in conformity | ||||||
6 | with any rules
promulgated
by the Department.
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7 | (b) A licensee shall include in every advertisement for | ||||||
8 | services regulated
under
this Act his or her title as it | ||||||
9 | appears on the license or the initials
authorized under this | ||||||
10 | Act. Advertisements shall not include false, fraudulent, | ||||||
11 | deceptive, or misleading material or guarantees of success.
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12 | (Source: P.A. 91-310, eff. 1-1-00.)
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13 | (225 ILCS 63/110)
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14 | (Section scheduled to be repealed on January 1, 2013)
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15 | Sec. 110. Grounds for disciplinary action; refusal, | ||||||
16 | revocation,
suspension. | ||||||
17 | (a) The Department may refuse to issue or to renew, or may | ||||||
18 | revoke, suspend,
place on probation, reprimand or take other | ||||||
19 | disciplinary or non-disciplinary action as
the
Department may | ||||||
20 | deem appropriate proper , including imposing fines not to exceed | ||||||
21 | $10,000 $5,000 for each
violation, with regard to any licensee | ||||||
22 | or license for any one or
combination of
the
following causes:
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23 | (1) Violations of this Act or of its rules adopted | ||||||
24 | under this Act .
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25 | (2) Material misstatement in furnishing information to |
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1 | the Department.
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2 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
3 | finding of guilt, jury verdict, or entry of judgment, or by | ||||||
4 | sentencing of any crime, including, but not limited to, | ||||||
5 | convictions, preceding sentences of supervision, | ||||||
6 | conditional discharge, or first offender probation, under | ||||||
7 | the laws of any jurisdiction of the United States: (i) that | ||||||
8 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
9 | element of which is dishonesty, or that is directly related | ||||||
10 | to the practice of the profession. Conviction of any crime | ||||||
11 | under the laws of any U.S. jurisdiction
that is (i) a | ||||||
12 | felony, (ii) a misdemeanor, an essential element of which | ||||||
13 | is
dishonesty, or (iii) directly related to the practice of | ||||||
14 | the profession.
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15 | (4) Fraud or Making any misrepresentation in applying | ||||||
16 | for or procuring a license under this Act or in connection | ||||||
17 | with applying for renewal of a license under this Act for | ||||||
18 | the purpose of obtaining
a license .
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19 | (5) Professional incompetence or gross negligence.
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20 | (6) Malpractice Gross malpractice .
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21 | (7) Aiding or assisting another person in violating any
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22 | provision of
this Act or its rules.
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23 | (8) Failing to provide information within 60 days in | ||||||
24 | response
to a
written request made by the Department.
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25 | (9) Engaging in dishonorable, unethical, or | ||||||
26 | unprofessional
conduct of a
character likely to deceive, |
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1 | defraud, or harm the public.
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2 | (10) Habitual or excessive use or abuse of drugs | ||||||
3 | defined in law as controlled substances, alcohol, | ||||||
4 | addiction to alcohol,
narcotics,
stimulants, or any other | ||||||
5 | substance which chemical agent or drug that results in the
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6 | inability to practice with reasonable judgment, skill, or | ||||||
7 | safety.
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8 | (11) Discipline by another U.S. jurisdiction or | ||||||
9 | foreign
nation if at
least one of the grounds for the | ||||||
10 | discipline is the same or substantially
equivalent to those | ||||||
11 | set forth in this Act.
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12 | (12) Directly or indirectly giving to or receiving from | ||||||
13 | any
person, firm,
corporation, partnership, or association | ||||||
14 | any fee, commission, rebate, or
other form of compensation | ||||||
15 | for any professional services not actually or
personally | ||||||
16 | rendered. This shall not be deemed to include rent or other
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17 | remunerations paid to an individual, partnership, or | ||||||
18 | corporation by a
naprapath for the lease, rental, or use of | ||||||
19 | space, owned or controlled by
the individual, partnership, | ||||||
20 | corporation, or association. Nothing in this paragraph | ||||||
21 | (12) affects any bona fide independent contractor or | ||||||
22 | employment arrangements among health care professionals, | ||||||
23 | health facilities, health care providers, or other | ||||||
24 | entities, except as otherwise prohibited by law. Any | ||||||
25 | employment arrangements may include provisions for | ||||||
26 | compensation, health insurance, pension, or other |
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1 | employment benefits for the provision of services within | ||||||
2 | the scope of the licensee's practice under this Act. | ||||||
3 | Nothing in this paragraph (12) shall be construed to | ||||||
4 | require an employment arrangement to receive professional | ||||||
5 | fees for services rendered.
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6 | (13) Using the title "Doctor" or its abbreviation | ||||||
7 | without further
clarifying that title or abbreviation with | ||||||
8 | the word "naprapath" or "naprapathy"
or the designation | ||||||
9 | "D.N.".
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10 | (14) A finding by the Department that the licensee, | ||||||
11 | after
having his
or her license placed on probationary | ||||||
12 | status, has violated the terms of
probation.
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13 | (15) Abandonment of a patient without cause.
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14 | (16) Willfully making or filing false records or | ||||||
15 | reports
relating to a licensee's
practice, including but | ||||||
16 | not limited to, false records filed with State
agencies or | ||||||
17 | departments.
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18 | (17) Willfully failing to report an instance of | ||||||
19 | suspected
child abuse or
neglect as required by the Abused | ||||||
20 | and Neglected Child Reporting Act.
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21 | (18) Physical or mental illness or disability , | ||||||
22 | including , but not limited to,
deterioration
through the | ||||||
23 | aging process or loss of motor skill that results in the
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24 | inability to practice the profession with reasonable | ||||||
25 | judgment, skill,
or safety.
| ||||||
26 | (19) Solicitation of professional services by means |
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1 | other
than
permitted advertising.
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2 | (20) Failure to provide a patient with a copy of his or | ||||||
3 | her
record
upon the written request of the patient.
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4 | (21) Cheating on or attempting to subvert the licensing | ||||||
5 | examination administered under this Act. Conviction by any | ||||||
6 | court of competent jurisdiction,
either within or
without | ||||||
7 | this State, of any violation of any law governing the | ||||||
8 | practice of
naprapathy, conviction in this or another state | ||||||
9 | of any crime which is a
felony under the laws of this State | ||||||
10 | or conviction of a felony in a federal
court, if the | ||||||
11 | Department determines, after investigation, that the | ||||||
12 | person
has not been sufficiently rehabilitated to warrant | ||||||
13 | the public trust.
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14 | (22) Allowing one's license under this Act to be used | ||||||
15 | by an unlicensed person in violation of this Act. A finding | ||||||
16 | that licensure has been applied for or
obtained by
| ||||||
17 | fraudulent means.
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18 | (23) (Blank). Continued practice by a person knowingly | ||||||
19 | having an
infectious or
contagious disease.
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20 | (24) Being named as a perpetrator in an indicated | ||||||
21 | report by
the
Department of Children and Family Services | ||||||
22 | under the Abused and Neglected
Child Reporting Act and upon | ||||||
23 | proof by clear and convincing evidence that the
licensee | ||||||
24 | has caused a child to be an abused child or a neglected | ||||||
25 | child as
defined in the Abused and Neglected Child | ||||||
26 | Reporting Act.
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1 | (25) Practicing under a false or, except as provided by | ||||||
2 | law, an assumed name or attempting to practice under a name | ||||||
3 | other
than the
full name shown on the license .
| ||||||
4 | (26) Immoral conduct in the commission of any act, such | ||||||
5 | as
sexual abuse,
sexual misconduct, or sexual | ||||||
6 | exploitation, related to the licensee's practice.
| ||||||
7 | (27) Maintaining a professional relationship with any | ||||||
8 | person,
firm, or
corporation when the naprapath knows, or | ||||||
9 | should know, that the person,
firm, or corporation is | ||||||
10 | violating this Act.
| ||||||
11 | (28) Promotion of the sale of food supplements, | ||||||
12 | devices,
appliances, or
goods provided for a client or | ||||||
13 | patient in such manner as to exploit the
patient or client | ||||||
14 | for financial gain of the licensee.
| ||||||
15 | (29) Having treated ailments of human beings other than | ||||||
16 | by
the
practice of naprapathy as defined in this Act, or | ||||||
17 | having treated ailments
of human beings as a licensed | ||||||
18 | naprapath independent of a documented
referral or | ||||||
19 | documented current and relevant diagnosis from a | ||||||
20 | physician,
dentist, or podiatrist, or having failed to | ||||||
21 | notify the physician, dentist,
or podiatrist who | ||||||
22 | established a documented current and relevant
diagnosis | ||||||
23 | that the patient is receiving naprapathic treatment | ||||||
24 | pursuant to
that diagnosis.
| ||||||
25 | (30) Use by a registered naprapath of the word | ||||||
26 | "infirmary",
"hospital",
"school", "university", in |
| |||||||
| |||||||
1 | English or any other language, in connection
with the place | ||||||
2 | where naprapathy may be practiced or demonstrated.
| ||||||
3 | (31) Continuance of a naprapath in the employ of any | ||||||
4 | person,
firm, or
corporation, or as an assistant to any | ||||||
5 | naprapath or naprapaths, directly or
indirectly, after his | ||||||
6 | or her employer or superior has been found guilty of
| ||||||
7 | violating or has been enjoined from violating the laws of | ||||||
8 | the State of
Illinois relating to the practice of | ||||||
9 | naprapathy when the employer or
superior persists in that | ||||||
10 | violation.
| ||||||
11 | (32) The performance of naprapathic service in | ||||||
12 | conjunction
with a scheme
or plan with another person, | ||||||
13 | firm, or corporation known to be advertising in
a manner | ||||||
14 | contrary to this Act or otherwise violating the laws of the | ||||||
15 | State
of Illinois concerning the practice of naprapathy.
| ||||||
16 | (33) Failure to provide satisfactory proof of having
| ||||||
17 | participated in
approved continuing education programs as | ||||||
18 | determined by the Committee and
approved by the Secretary | ||||||
19 | Director . Exceptions for extreme hardships are to be
| ||||||
20 | defined by the rules of the Department.
| ||||||
21 | (34) (Blank). Willfully making or filing false records | ||||||
22 | or reports in
the practice
of naprapathy, including, but | ||||||
23 | not limited to, false records to support
claims against the | ||||||
24 | medical assistance program of the Department of Healthcare | ||||||
25 | and Family Services (formerly Department of Public
Aid)
| ||||||
26 | under the Illinois Public Aid Code.
|
| |||||||
| |||||||
1 | (35) Gross or willful overcharging for
professional | ||||||
2 | services
including
filing false statements for collection | ||||||
3 | of fees for which services are not
rendered, including, but | ||||||
4 | not limited to, filing false statements for
collection of | ||||||
5 | monies for services not rendered from the medical | ||||||
6 | assistance
program of the Department of Healthcare and | ||||||
7 | Family Services (formerly Department of Public Aid) under | ||||||
8 | the Illinois Public Aid Code .
| ||||||
9 | (36) (Blank). Mental illness, including, but not | ||||||
10 | limited to, deterioration
through
the aging process or loss | ||||||
11 | of motor skill that results in the inability to
practice | ||||||
12 | the profession with reasonable judgment, skill, or safety.
| ||||||
13 | All fines imposed under this Section shall be paid within | ||||||
14 | 60 days after the effective date of the order imposing the | ||||||
15 | fine. | ||||||
16 | (b) The Department may refuse to issue or may suspend | ||||||
17 | without hearing, as provided for in the Department of | ||||||
18 | Professional Regulation Law of the Civil Administrative Code, | ||||||
19 | the license of any person who fails to file a return, or pay | ||||||
20 | the tax, penalty, or interest shown in a filed return, or pay | ||||||
21 | any final assessment of the tax, penalty, or interest as | ||||||
22 | required by any tax Act administered by the Illinois Department | ||||||
23 | of Revenue, until such time as the requirements of any such tax | ||||||
24 | Act are satisfied in accordance with subsection (g) of Section | ||||||
25 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
26 | Civil Administrative Code of Illinois. |
| |||||||
| |||||||
1 | (c) The Department shall deny a license or renewal | ||||||
2 | authorized by this Act to a person who has defaulted on an | ||||||
3 | educational loan or scholarship provided or guaranteed by the | ||||||
4 | Illinois Student Assistance Commission or any governmental | ||||||
5 | agency of this State in accordance with item (5) of subsection | ||||||
6 | (a) of Section 2105-15 of the Department of Professional | ||||||
7 | Regulation Law of the Civil Administrative Code of Illinois. | ||||||
8 | (d) In cases where the Department of Healthcare and Family | ||||||
9 | Services has previously determined a licensee or a potential | ||||||
10 | licensee is more than 30 days delinquent in the payment of | ||||||
11 | child support and has subsequently certified the delinquency to | ||||||
12 | the Department, the Department may refuse to issue or renew or | ||||||
13 | may revoke or suspend that person's license or may take other | ||||||
14 | disciplinary action against that person based solely upon the | ||||||
15 | certification of delinquency made by the Department of | ||||||
16 | Healthcare and Family Services in accordance with item (5) of | ||||||
17 | subsection (a) of Section 2105-15 of the Department of | ||||||
18 | Professional Regulation Law of the Civil Administrative Code of | ||||||
19 | Illinois. | ||||||
20 | (e) The determination by a circuit court that a licensee is | ||||||
21 | subject to involuntary admission or judicial admission, as | ||||||
22 | provided in the Mental Health and Development Disabilities | ||||||
23 | Code, operates as an automatic suspension. The suspension shall | ||||||
24 | end only upon a finding by a court that the patient is no | ||||||
25 | longer subject to involuntary admission or judicial admission | ||||||
26 | and the issuance of an order so finding and discharging the |
| |||||||
| |||||||
1 | patient. | ||||||
2 | (f) In enforcing this Act, the Department, upon a showing | ||||||
3 | of a possible violation, may compel an individual licensed to | ||||||
4 | practice under this Act, or who has applied for licensure under | ||||||
5 | this Act, to submit to a mental or physical examination and | ||||||
6 | evaluation, or both, which may include a substance abuse or | ||||||
7 | sexual offender evaluation, as required by and at the expense | ||||||
8 | of the Department. The Department shall specifically designate | ||||||
9 | the examining physician licensed to practice medicine in all of | ||||||
10 | its branches or, if applicable, the multidisciplinary team | ||||||
11 | involved in providing the mental or physical examination and | ||||||
12 | evaluation, or both. The multidisciplinary team shall be led by | ||||||
13 | a physician licensed to practice medicine in all of its | ||||||
14 | branches and may consist of one or more or a combination of | ||||||
15 | physicians licensed to practice medicine in all of its | ||||||
16 | branches, licensed chiropractic physicians, licensed clinical | ||||||
17 | psychologists, licensed clinical social workers, licensed | ||||||
18 | clinical professional counselors, and other professional and | ||||||
19 | administrative staff. Any examining physician or member of the | ||||||
20 | multidisciplinary team may require any person ordered to submit | ||||||
21 | to an examination and evaluation pursuant to this Section to | ||||||
22 | submit to any additional supplemental testing deemed necessary | ||||||
23 | to complete any examination or evaluation process, including, | ||||||
24 | but not limited to, blood testing, urinalysis, psychological | ||||||
25 | testing, or neuropsychological testing. | ||||||
26 | The Department may order the examining physician or any |
| |||||||
| |||||||
1 | member of the multidisciplinary team to provide to the | ||||||
2 | Department any and all records including business records that | ||||||
3 | relate to the examination and evaluation, including any | ||||||
4 | supplemental testing performed. The Department may order the | ||||||
5 | examining physician or any member of the multidisciplinary team | ||||||
6 | to present testimony concerning the examination and evaluation | ||||||
7 | of the licensee or applicant, including testimony concerning | ||||||
8 | any supplemental testing or documents in any way related to the | ||||||
9 | examination and evaluation. No information, report, record, or | ||||||
10 | other documents in any way related to the examination and | ||||||
11 | evaluation shall be excluded by reason of any common law or | ||||||
12 | statutory privilege relating to communications between the | ||||||
13 | licensee or applicant and the examining physician or any member | ||||||
14 | of the multidisciplinary team. No authorization is necessary | ||||||
15 | from the licensee or applicant ordered to undergo an evaluation | ||||||
16 | and examination for the examining physician or any member of | ||||||
17 | the multidisciplinary team to provide information, reports, | ||||||
18 | records, or other documents or to provide any testimony | ||||||
19 | regarding the examination and evaluation. The individual to be | ||||||
20 | examined may have, at his or her own expense, another physician | ||||||
21 | of his or her choice present during all aspects of this | ||||||
22 | examination. Failure of an individual to submit to a mental or | ||||||
23 | physical examination and evaluation, or both, when directed, | ||||||
24 | shall result in an automatic suspension without hearing, until | ||||||
25 | such time as the individual submits to the examination. | ||||||
26 | A person holding a license under this Act or who has |
| |||||||
| |||||||
1 | applied for a license under this Act who, because of a physical | ||||||
2 | or mental illness or disability, including, but not limited to, | ||||||
3 | deterioration through the aging process or loss of motor skill, | ||||||
4 | is unable to practice the profession with reasonable judgment, | ||||||
5 | skill, or safety, may be required by the Department to submit | ||||||
6 | to care, counseling, or treatment by physicians approved or | ||||||
7 | designated by the Department as a condition, term, or | ||||||
8 | restriction for continued, reinstated, or renewed licensure to | ||||||
9 | practice. Submission to care, counseling, or treatment as | ||||||
10 | required by the Department shall not be considered discipline | ||||||
11 | of a license. If the licensee refuses to enter into a care, | ||||||
12 | counseling, or treatment agreement or fails to abide by the | ||||||
13 | terms of the agreement, the Department may file a complaint to | ||||||
14 | revoke, suspend, or otherwise discipline the license of the | ||||||
15 | individual. The Secretary may order the license suspended | ||||||
16 | immediately, pending a hearing by the Department. Fines shall | ||||||
17 | not be assessed in disciplinary actions involving physical or | ||||||
18 | mental illness or impairment. | ||||||
19 | In instances in which the Secretary immediately suspends a | ||||||
20 | person's license under this Section, a hearing on that person's | ||||||
21 | license must be convened by the Department within 15 days after | ||||||
22 | the suspension and completed without appreciable delay. The | ||||||
23 | Department shall have the authority to review the subject | ||||||
24 | individual's record of treatment and counseling regarding the | ||||||
25 | impairment to the extent permitted by applicable federal | ||||||
26 | statutes and regulations safeguarding the confidentiality of |
| |||||||
| |||||||
1 | medical records. | ||||||
2 | An individual licensed under this Act and affected under | ||||||
3 | this Section shall be afforded an opportunity to demonstrate to | ||||||
4 | the Department that he or she can resume practice in compliance | ||||||
5 | with acceptable and prevailing standards under the provisions | ||||||
6 | of his or her license. | ||||||
7 | The Department may refuse to issue or may suspend the | ||||||
8 | license of any
person who fails to (i) file a return or to pay | ||||||
9 | the tax, penalty or interest
shown in a filed return or (ii) | ||||||
10 | pay any final assessment of the tax, penalty,
or interest as | ||||||
11 | required by any tax Act administered by the Illinois
Department | ||||||
12 | of Revenue, until the time that the requirements of that tax
| ||||||
13 | Act are satisfied.
| ||||||
14 | (b) The determination by a circuit court that a licensee is | ||||||
15 | subject to
involuntary admission or judicial admission as | ||||||
16 | provided in the Mental
Health and Developmental Disabilities | ||||||
17 | Code operates as an
automatic suspension. The suspension will | ||||||
18 | end only upon a finding by a
court that the patient is no | ||||||
19 | longer subject to involuntary admission or
judicial admission, | ||||||
20 | the issuance of an order so finding and discharging the
| ||||||
21 | patient, and the recommendation of the Committee to the | ||||||
22 | Director that
the licensee be allowed to resume his or her | ||||||
23 | practice.
| ||||||
24 | (c) In enforcing this Section, the Department, upon a | ||||||
25 | showing of a
possible
violation, may compel any person licensed | ||||||
26 | to practice under this Act or who has
applied
for licensure or |
| |||||||
| |||||||
1 | certification pursuant to this Act to submit to a mental or
| ||||||
2 | physical
examination, or both, as required by and at the | ||||||
3 | expense of the Department. The
examining physicians shall be | ||||||
4 | those specifically designated by the Department.
The
| ||||||
5 | Department may order the examining physician to present | ||||||
6 | testimony concerning
this
mental or physical examination of the | ||||||
7 | licensee or applicant. No information
shall be
excluded by | ||||||
8 | reason of any common law or statutory privilege relating to
| ||||||
9 | communications
between the licensee or applicant and the | ||||||
10 | examining physician. The person to be
examined may have, at his | ||||||
11 | or her own expense, another physician of his or her
choice
| ||||||
12 | present during all aspects of the examination. Failure of any | ||||||
13 | person to submit
to a mental
or physical examination, when | ||||||
14 | directed, shall be grounds for suspension of a
license until
| ||||||
15 | the person submits to the examination if the Department finds, | ||||||
16 | after notice and
hearing,
that the refusal to submit to the | ||||||
17 | examination was without reasonable cause.
| ||||||
18 | If the Department finds an individual unable to practice | ||||||
19 | because of the
reasons set
forth in this Section, the | ||||||
20 | Department may require that individual to submit to
care,
| ||||||
21 | counseling, or treatment by physicians approved or designated | ||||||
22 | by the
Department, as a
condition, term, or restriction for | ||||||
23 | continued, reinstated, or renewed licensure
to practice
or, in | ||||||
24 | lieu of care, counseling, or treatment, the Department may file | ||||||
25 | a
complaint to
immediately suspend, revoke, or otherwise | ||||||
26 | discipline the license of the
individual.
|
| |||||||
| |||||||
1 | Any person whose license was granted, continued, | ||||||
2 | reinstated, renewed,
disciplined, or supervised subject to | ||||||
3 | such terms, conditions, or restrictions
and
who fails to comply | ||||||
4 | with such terms, conditions, or restrictions shall be
referred | ||||||
5 | to
the Director for a determination as to whether the person | ||||||
6 | shall have his or her
license suspended immediately, pending a | ||||||
7 | hearing by the Department.
| ||||||
8 | In instances in which the Director immediately suspends a | ||||||
9 | person's license
under this Section, a hearing on that person's | ||||||
10 | license must be convened by the
Department within 15 days after | ||||||
11 | the suspension and completed without
appreciable delay. The | ||||||
12 | Department shall have the authority to review the
subject
| ||||||
13 | person's record of treatment and counseling regarding the | ||||||
14 | impairment, to the
extent permitted by applicable federal | ||||||
15 | statutes and regulations safeguarding
the
confidentiality of | ||||||
16 | medical records.
| ||||||
17 | A person licensed under this Act and affected under this | ||||||
18 | Section shall be
afforded an opportunity to demonstrate to the | ||||||
19 | Department that he or she can
resume practice in compliance | ||||||
20 | with acceptable and prevailing standards under
the
provisions | ||||||
21 | of his or her license.
| ||||||
22 | (Source: P.A. 95-331, eff. 8-21-07; 96-1482, eff. 11-29-10.)
| ||||||
23 | (225 ILCS 63/115)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
25 | Sec. 115. Returned checks; fines. Any person who delivers a |
| |||||||
| |||||||
1 | check or other
payment to the Department that is returned to | ||||||
2 | the Department
unpaid by the
financial institution upon which | ||||||
3 | it is drawn shall pay to the Department, in
addition to the | ||||||
4 | amount
already owed to the Department, a fine of $50. The fines
| ||||||
5 | imposed by this Section
are in addition to any other discipline | ||||||
6 | provided
under this Act for unlicensed practice or practice on | ||||||
7 | a nonrenewed
license. The Department
shall notify the person | ||||||
8 | that fees and fines shall be paid to the
Department by | ||||||
9 | certified check or money order
within 30 calendar days of the | ||||||
10 | notification. If, after the expiration of 30 days from the date | ||||||
11 | of the
notification, the person has failed to submit the | ||||||
12 | necessary remittance,
the Department shall automatically | ||||||
13 | terminate the license or certificate or deny
the application, | ||||||
14 | without hearing. If, after termination or denial, the
person | ||||||
15 | seeks a license or
certificate,
he or she shall apply to the | ||||||
16 | Department for restoration or
issuance of the
license or | ||||||
17 | certificate and pay all fees and fines due to the
Department. | ||||||
18 | The Department may establish a
fee for the processing of an | ||||||
19 | application for restoration of a license or
certificate to | ||||||
20 | defray all expenses of processing
the application. The | ||||||
21 | Secretary Director may waive the fines
due under
this Section | ||||||
22 | in
individual cases where the Secretary Director finds that the | ||||||
23 | fines would be unreasonable
or
unnecessarily burdensome.
| ||||||
24 | (Source: P.A. 92-146, eff. 1-1-02.)
| ||||||
25 | (225 ILCS 63/120)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
2 | Sec. 120. Injunctions; cease and desist orders.
| ||||||
3 | (a) If any person violates the provision of this Act, the | ||||||
4 | Secretary Director may,
in the name of the People of the State | ||||||
5 | of Illinois, through the Attorney
General of the State of | ||||||
6 | Illinois or the State's Attorney of any county in which
the | ||||||
7 | violation is alleged to have occurred action is brought , | ||||||
8 | petition for an order enjoining the violation or for an
order | ||||||
9 | enforcing compliance with this Act. Upon the filing of a | ||||||
10 | verified
petition in court, the court may issue a temporary | ||||||
11 | restraining order, without
notice or bond, and may | ||||||
12 | preliminarily and permanently enjoin the violation. If
it is | ||||||
13 | established that the person has violated or is violating the | ||||||
14 | injunction,
the Court may punish the offender for contempt of | ||||||
15 | court. Proceedings under
this Section shall be in addition to, | ||||||
16 | and not in lieu of, all other remedies
and penalties provided | ||||||
17 | by this Act.
| ||||||
18 | (b) If any person practices as a naprapath or holds himself | ||||||
19 | or herself out
as a naprapath without being licensed under the | ||||||
20 | provisions of this Act then any
licensed naprapath, any | ||||||
21 | interested party, or any person injured thereby may, in
| ||||||
22 | addition to the Secretary Director , petition for relief as | ||||||
23 | provided in subsection (a) of
this Section.
| ||||||
24 | (c) Whenever in the opinion of the Department any person | ||||||
25 | violates any
provision of this Act, the Department may issue a | ||||||
26 | rule to show cause why an
order to cease and desist should not |
| |||||||
| |||||||
1 | be entered against that
person. The rule
shall clearly set | ||||||
2 | forth the grounds relied upon by the Department and shall
| ||||||
3 | provide a period of 7 days from the date of the rule to file an | ||||||
4 | answer to
the satisfaction of the Department. Failure to answer | ||||||
5 | to the satisfaction
of the Department shall cause an order to | ||||||
6 | cease and desist to be issued
immediately.
| ||||||
7 | (Source: P.A. 89-61, eff. 6-30-95; 90-655, eff. 7-30-98.)
| ||||||
8 | (225 ILCS 63/125)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
10 | Sec. 125. Investigation; notice; hearing. The Department | ||||||
11 | may investigate
the actions of any applicant or of any person | ||||||
12 | or persons holding or claiming to
hold a license. Before | ||||||
13 | refusing to issue, refusing to renew, or taking any
| ||||||
14 | disciplinary action under Section 110 regarding a license, the | ||||||
15 | Department shall, at least 30 days
prior to the date set for | ||||||
16 | the hearing, notify in writing the applicant for, or
holder of, | ||||||
17 | a license of the nature of any charges and that a hearing will | ||||||
18 | be
held on a date designated. The Department shall direct the | ||||||
19 | applicant or
licensee to file a written answer with the | ||||||
20 | Department Committee under oath within 20 days
after the | ||||||
21 | service of the notice and inform the applicant or licensee that
| ||||||
22 | failure to file an answer shall result in default being taken | ||||||
23 | against the
applicant or licensee . At the time and place fixed | ||||||
24 | in the notice, the Department shall proceed to hear the charges | ||||||
25 | and the parties or their counsel shall be accorded ample |
| |||||||
| |||||||
1 | opportunity to present any pertinent statements, testimony, | ||||||
2 | evidence, and arguments. The Department may continue the | ||||||
3 | hearing from time to time. If the person, after receiving the | ||||||
4 | notice, fails to file an answer, his or her license may, in the | ||||||
5 | discretion of the Department, be revoked, suspended, or placed | ||||||
6 | on probationary status or the Department may take whatever | ||||||
7 | disciplinary action considered proper, including limiting the | ||||||
8 | scope, nature, or extent of the person's practice under the | ||||||
9 | Act. The written notice in the subsequent proceeding may be | ||||||
10 | served by registered or certified mail to the licensee's | ||||||
11 | address of record. and that the license or certificate may be | ||||||
12 | suspended,
revoked, or placed on probationary status, or that | ||||||
13 | other disciplinary action
may be taken, including limiting the | ||||||
14 | scope, nature, or extent of practice, as
the Director may deem | ||||||
15 | proper. Written notice may be served by personal
delivery or | ||||||
16 | certified or registered mail to the respondent at the address | ||||||
17 | of
his or her last notification to the Department. If the | ||||||
18 | person fails to file an
answer after receiving notice, his or | ||||||
19 | her license or certificate may, in the
discretion of the | ||||||
20 | Department, be suspended, revoked, or placed on probationary
| ||||||
21 | status, or the Department may take any disciplinary action | ||||||
22 | deemed proper,
including limiting the scope, nature, or extent | ||||||
23 | of the person's practice or the
imposition of a fine, without a | ||||||
24 | hearing, if the act or acts charged constitute
sufficient | ||||||
25 | grounds for such action under this Act. At the time and place | ||||||
26 | fixed
in the notice, the Committee shall proceed to hear the |
| |||||||
| |||||||
1 | charges and the parties
or their counsel shall be accorded | ||||||
2 | ample opportunity to present such
statements, testimony, | ||||||
3 | evidence and argument as may be pertinent to the charges
or to | ||||||
4 | their defense. The Committee may continue a hearing from time | ||||||
5 | to time.
| ||||||
6 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
7 | (225 ILCS 63/130)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
9 | Sec. 130. Formal hearing; preservation of record. The | ||||||
10 | Department, at
its expense, shall preserve a record of all | ||||||
11 | proceedings at the formal hearing
of any case. The notice of | ||||||
12 | hearing, complaint, and all other documents in the
nature of | ||||||
13 | pleadings and written motions filed in the proceedings, the
| ||||||
14 | transcript of testimony, the report of the Committee or hearing | ||||||
15 | officer, and
order of the Department shall be the record of the | ||||||
16 | proceeding.
The Department shall furnish a transcript of the | ||||||
17 | record to any person
interested in the hearing upon payment of | ||||||
18 | the fee required under Section
2105-115 of the Department of | ||||||
19 | Professional Regulation Law (20 ILCS
2105/2105-115).
| ||||||
20 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
21 | (225 ILCS 63/140)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
23 | Sec. 140. Subpoena; oaths. | ||||||
24 | (a) The Department may shall have power to
subpoena and |
| |||||||
| |||||||
1 | bring before it any person in this State and to take the oral | ||||||
2 | or written testimony
or compel the production of any books, | ||||||
3 | papers, records, or any other documents that the Secretary or | ||||||
4 | his or her designee deems relevant or material to any | ||||||
5 | investigation or hearing conducted by the Department either | ||||||
6 | orally or by deposition or both with the same fees and mileage | ||||||
7 | and in
the same manner as prescribed in civil cases in
circuit | ||||||
8 | courts of this State.
| ||||||
9 | (b) The Secretary Director , the designated hearing | ||||||
10 | officer, and a certified shorthand court reporter may every
| ||||||
11 | member of the Committee has power to administer oaths to
| ||||||
12 | witnesses at any hearing that the Department conducts is | ||||||
13 | authorized to conduct and any
other oaths authorized in any Act | ||||||
14 | administered by the Department . Notwithstanding any other | ||||||
15 | statute or Department rule to the contrary, all requests for | ||||||
16 | testimony, production of documents, or records shall be in | ||||||
17 | accordance with this Act. | ||||||
18 | (c) Any circuit
court may , upon application of the | ||||||
19 | Department or licensee, may its designee or upon
application of | ||||||
20 | the person against whom proceedings under this Act are pending,
| ||||||
21 | enter an order requiring the attendance and testimony of | ||||||
22 | witnesses and their testimony, and
the production of relevant | ||||||
23 | documents, papers, files, books , and records in connection
with | ||||||
24 | any hearing or investigation. The court may compel obedience to | ||||||
25 | its order
by proceedings for contempt.
| ||||||
26 | (Source: P.A. 89-61, eff. 6-30-95.)
|
| |||||||
| |||||||
1 | (225 ILCS 63/145)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
3 | Sec. 145. Findings of facts, conclusions of law, and | ||||||
4 | recommendations. At the conclusion of the hearing the hearing | ||||||
5 | officer Committee shall present to the Secretary Director a
| ||||||
6 | written report of its findings of fact, conclusions of law, and
| ||||||
7 | recommendations. The report shall contain a finding whether or | ||||||
8 | not the accused
person violated this Act or failed to comply | ||||||
9 | with the conditions required in
this Act. The hearing officer | ||||||
10 | Committee shall specify the nature of the violation or failure | ||||||
11 | to
comply and shall make its recommendations to the Secretary | ||||||
12 | Director .
| ||||||
13 | The report of findings of fact, conclusions of law, and | ||||||
14 | recommendations of
the hearing officer Committee shall be the | ||||||
15 | basis for the Department's order refusing to issue, restore, or | ||||||
16 | renew a license, or otherwise disciplining a licensee . If the
| ||||||
17 | Secretary Director disagrees in any regard with the report of | ||||||
18 | the hearing officer Committee , the Secretary
Director may issue | ||||||
19 | an order in contravention of the hearing officer's | ||||||
20 | recommendations report . The finding is not
admissible
in | ||||||
21 | evidence against the person in a criminal prosecution brought | ||||||
22 | for the
violation of this Act, but the hearing and findings are | ||||||
23 | not a bar to a
criminal prosecution brought for the violation | ||||||
24 | of this Act.
| ||||||
25 | If the Secretary fails to issue a final order within 30 |
| |||||||
| |||||||
1 | days after the receipt of the hearing officer's findings of | ||||||
2 | fact, conclusions of law, and recommendations, then the hearing | ||||||
3 | officer's findings of fact, conclusions of law, and | ||||||
4 | recommendations shall become a final order of the Department | ||||||
5 | without further review. | ||||||
6 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
7 | (225 ILCS 63/150)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
9 | Sec. 150. Hearing officer. The Secretary Director shall | ||||||
10 | have the authority to appoint
any
attorney duly
licensed to | ||||||
11 | practice law in the State of Illinois to serve as the hearing
| ||||||
12 | officer in any action for Departmental refusal to issue, renew, | ||||||
13 | or license an
applicant, or disciplinary action against a | ||||||
14 | licensee. The hearing officer shall
have full
authority to | ||||||
15 | conduct the hearing. The
hearing officer shall report his or | ||||||
16 | her findings of fact, conclusions of law,
and recommendations | ||||||
17 | to the Secretary Committee and the Director . The Committee | ||||||
18 | shall have
60 calendar days from receipt of the report to | ||||||
19 | review the report of the
hearing officer
and present its | ||||||
20 | findings of fact, conclusions of law, and
recommendations to | ||||||
21 | the Director. If the Committee fails to present its
report | ||||||
22 | within the 60 calendar day period, the Director may
issue an | ||||||
23 | order based on
the report of the hearing officer. If the | ||||||
24 | Secretary Director disagrees
with the recommendation of the | ||||||
25 | Committee or hearing officer, he
or she may issue an
order in |
| |||||||
| |||||||
1 | contravention of that recommendation.
| ||||||
2 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
3 | (225 ILCS 63/155)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
5 | Sec. 155. Service of report; rehearing; order. In any case | ||||||
6 | involving the refusal to issue or renew or the
discipline of a | ||||||
7 | license, a copy of the hearing officer's Committee's report | ||||||
8 | shall be served upon
the respondent by the Department, either | ||||||
9 | personally or as provided in this Act
for the service of the | ||||||
10 | notice of hearing. Within 20 days after the service, the
| ||||||
11 | respondent may present to the Department a motion in writing | ||||||
12 | for a rehearing
that shall specify the particular grounds for | ||||||
13 | rehearing. If no motion for
rehearing is filed, then upon the | ||||||
14 | expiration of the time specified for filing a
motion, or if a | ||||||
15 | motion for rehearing is denied, then upon the denial the | ||||||
16 | Secretary
Director may enter an order in accordance with this | ||||||
17 | Act. If the respondent
orders from the reporting service and | ||||||
18 | pays for a transcript of
the record within
the time for filing | ||||||
19 | a motion for rehearing, the 20 calendar day period
within which | ||||||
20 | the
motion may be filed shall commence upon the delivery of the | ||||||
21 | transcript to the
respondent.
| ||||||
22 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
23 | (225 ILCS 63/160)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2013)
|
| |||||||
| |||||||
1 | Sec. 160. Substantial justice to be done; rehearing. | ||||||
2 | Whenever the Secretary
Director is satisfied that substantial | ||||||
3 | justice has not been done in the
revocation, suspension, or | ||||||
4 | refusal to issue or renew a license, the Secretary Director
may | ||||||
5 | order a rehearing by the same or another hearing officer or by | ||||||
6 | the
Committee .
| ||||||
7 | (Source: P.A. 87-1231.)
| ||||||
8 | (225 ILCS 63/165)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
10 | Sec. 165. Order or certified copy as prima facie proof. An | ||||||
11 | order or a
certified copy thereof, over the seal of the | ||||||
12 | Department and purporting to
be signed by the Secretary | ||||||
13 | Director , shall be prima facie proof:
| ||||||
14 | (a) that the signature is the genuine signature of the | ||||||
15 | Secretary Director ; and
| ||||||
16 | (b) that such Secretary Director is duly appointed and | ||||||
17 | qualified . ;
| ||||||
18 | (c) that the Committee and its members are qualified to | ||||||
19 | act.
| ||||||
20 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
21 | (225 ILCS 63/170)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
23 | Sec. 170. Restoration of license. At any time after the | ||||||
24 | successful completion of a term of indefinite probation, |
| |||||||
| |||||||
1 | suspension, or revocation of a license, the Department may | ||||||
2 | restore the license to the licensee, unless, after an | ||||||
3 | investigation and a hearing, the Secretary determines that | ||||||
4 | restoration is not in the public interest or that the licensee | ||||||
5 | has not been sufficiently rehabilitated to warrant the public | ||||||
6 | trust. No person or entity whose license, certificate, or | ||||||
7 | authority has been revoked as authorized in this Act may apply | ||||||
8 | for restoration of that license, certification, or authority | ||||||
9 | until such time as provided for in the Department of | ||||||
10 | Professional Regulation Law of the Civil Administrative Code of | ||||||
11 | Illinois suspension or
revocation of any license the Department | ||||||
12 | may restore the license to
the accused
person, unless after an | ||||||
13 | investigation and a hearing the Department
determines that | ||||||
14 | restoration is not in the public interest .
| ||||||
15 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
16 | (225 ILCS 63/180)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
18 | Sec. 180. Imminent danger to public; summary suspension.
| ||||||
19 | The Secretary
Director may summarily suspend the license of a | ||||||
20 | naprapath
without a
hearing, simultaneously with the | ||||||
21 | institution of proceedings for a hearing
provided for in this | ||||||
22 | Act, if the Secretary Director finds that
evidence in his or | ||||||
23 | her possession indicates that continuation in practice
would
| ||||||
24 | constitute an imminent danger to the public. In the event that | ||||||
25 | the Secretary
Director summarily suspends a license without a |
| |||||||
| |||||||
1 | hearing, a
hearing shall
by the Department must be commenced | ||||||
2 | held within 30 days after the suspension has
occurred and shall | ||||||
3 | be concluded as expeditiously as possible .
| ||||||
4 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
5 | (225 ILCS 63/190)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
7 | Sec. 190.
The Department shall not be required to certify | ||||||
8 | any record to
the Court or file any answer in court or | ||||||
9 | otherwise appear in any court in a
judicial review proceeding, | ||||||
10 | unless and until the Department receives from the plaintiff | ||||||
11 | there is filed in the court, with the
complaint, a receipt from | ||||||
12 | the Department acknowledging payment of the costs
of furnishing | ||||||
13 | and certifying the record , which costs shall be determined by | ||||||
14 | the Department . Exhibits shall be certified without cost. | ||||||
15 | Failure on the part of the plaintiff
to file a
receipt in court | ||||||
16 | is shall be grounds for dismissal of the action.
| ||||||
17 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
18 | (225 ILCS 63/193 new) | ||||||
19 | Sec. 193. Confidentiality. All information collected by | ||||||
20 | the Department in the course of an examination or investigation | ||||||
21 | of a licensee or applicant, including, but not limited to, any | ||||||
22 | complaint against a licensee filed with the Department and | ||||||
23 | information collected to investigate any such complaint, shall | ||||||
24 | be maintained for the confidential use of the Department and |
| |||||||
| |||||||
1 | shall not be disclosed. The Department may not disclose such | ||||||
2 | information to anyone other than law enforcement officials, | ||||||
3 | other regulatory agencies that have an appropriate regulatory | ||||||
4 | interest as determined by the Secretary, or a party presenting | ||||||
5 | a lawful subpoena to the Department. Information and documents | ||||||
6 | disclosed to a federal, State, county, or local law enforcement | ||||||
7 | agency shall not be disclosed by the agency for any purpose to | ||||||
8 | any other agency or person. A formal complaint filed against a | ||||||
9 | licensee by the Department or any order issued by the | ||||||
10 | Department against a licensee or applicant shall be a public | ||||||
11 | record, except as otherwise prohibited by law.
| ||||||
12 | (225 ILCS 63/200)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
14 | Sec. 200. Administrative Procedure Act. The Illinois | ||||||
15 | Administrative
Procedure Act is expressly adopted and | ||||||
16 | incorporated
in this Act
as if all of the provisions
of that | ||||||
17 | Act were included in this Act, except that the provision of | ||||||
18 | paragraph
(d) of Section 10-65 of the Illinois Administrative
| ||||||
19 | Procedure Act, which provides that at hearings the licensee has | ||||||
20 | the right
to show compliance with all lawful requirements for | ||||||
21 | retention, continuation, or
renewal of the license, is | ||||||
22 | specifically excluded. For the purpose of this Act,
the notice | ||||||
23 | required under Section 10-25 of the Administrative
Procedure | ||||||
24 | Act is deemed sufficient when mailed to the last known address | ||||||
25 | of record of a
party.
|
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1 | (Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95.)
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2 | (225 ILCS 63/50 rep.)
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3 | (225 ILCS 63/65 rep.)
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4 | Section 10. The Naprapathic Practice Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | repealing Sections 50 and 65.
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6 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | becoming law.
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