Bill Text: IL SB0898 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Acupuncture Practice Act from January 1, 2018 to January 1, 2028. Amends the Acupuncture Practice Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Provides that members of the Board of Acupuncture may not serve more than 2 consecutive full terms (rather than for more than 8 years). Eliminates certain powers and duties of the Board. Eliminates a requirement that the Department of Financial and Professional Regulation seek the input of the Board on certain matters. Removes a provision allowing the Department to require a person seeking to resume active status to complete a period of evaluated clinical experience. Changes references to "registration" to references to "license". Provides that the Department has the authority and power to investigate any and all licensed activity. Removes a requirement that the Department mail a registration renewal form to registrants 60 days before the expiration of the current registration and a notice that a registration has lapsed. Makes changes to provisions concerning certification of the record to a court. Repeals provisions concerning maintaining a roster of licensed and disciplined persons. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2017-05-22 - Motion Prevailed [SB0898 Detail]

Download: Illinois-2017-SB0898-Engrossed.html

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 Acts repealed on January 1, 2018.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8Acts are repealed on January 1, 2018: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

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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.38 new)
7 Sec. 4.38. Acts repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Acupuncture Practice Act.
10 Section 10. The Acupuncture Practice Act is amended by
11changing Sections 10, 25, 30, 35, 40, 60, 70, 105, 110, 120,
12130, 140, 152, 160, 170, 175, 190, and 200 and by adding
13Sections 12 and 142 as follows:
14 (225 ILCS 2/10)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 10. Definitions. As used in this Act:
17 "Acupuncture" means the evaluation or treatment of persons
18affected through a method of stimulation of a certain point or
19points on or immediately below the surface of the body by the
20insertion of pre-sterilized, single-use, disposable needles,
21unless medically contraindicated, with or without the
22application of heat, electronic stimulation, or manual
23pressure to prevent or modify the perception of pain, to

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1normalize physiological functions, or for the treatment of
2certain diseases or dysfunctions of the body and includes
3activities referenced in Section 15 of this Act for which a
4written referral is not required. Acupuncture does not include
5radiology, electrosurgery, chiropractic technique, physical
6therapy, naprapathic technique, use or prescribing of any
7drugs, medications, herbal preparations, nutritional
8supplements, serums, or vaccines, or determination of a
9differential diagnosis. An acupuncturist licensed registered
10under this Act who is not also licensed as a physical therapist
11under the Illinois Physical Therapy Act shall not hold himself
12or herself out as being qualified to provide physical therapy
13or physiotherapy services. An acupuncturist shall refer to a
14licensed physician or dentist, any patient whose condition
15should, at the time of evaluation or treatment, be determined
16to be beyond the scope of practice of the acupuncturist.
17 "Acupuncturist" means a person who practices acupuncture
18and who is licensed by the Department under this Act to
19practice acupuncture.
20 "Address of record" means the designated address recorded
21by the Department in the applicant's or licensee's application
22file or license file as maintained by the Department's
23licensure maintenance unit.
24 "Board" means the Board of Acupuncture appointed by the
26 "Dentist" means a person licensed under the Illinois Dental

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1Practice Act.
2 "Department" means the Department of Financial and
3Professional Regulation.
4 "Email address of record" means the designated email
5address recorded by the Department in the applicant's
6application file or the licensee's license file, as maintained
7by the Department's licensure maintenance unit.
8 "Physician" means a person licensed under the Medical
9Practice Act of 1987.
10 "Referral by written order" for purposes of this Act means
11a diagnosis, substantiated by signature of a physician or
12dentist, identifying a patient's condition and recommending
13treatment by acupuncture as defined in this Act. The diagnosis
14shall remain in effect until changed by the physician or
15dentist who may, through express direction in the referral,
16maintain management of the patient.
17 "Secretary" means the Secretary of Financial and
18Professional Regulation.
19 "State" includes:
20 (1) the states of the United States of America;
21 (2) the District of Columbia; and
22 (3) the Commonwealth of Puerto Rico.
23(Source: P.A. 95-450, eff. 8-27-07.)
24 (225 ILCS 2/12 new)
25 Sec. 12. Address of record; email address of record. All

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1applicants and licensees shall:
2 (1) provide a valid address and email address to the
3 Department, which shall serve as the address of record and
4 email address of record, respectively, at the time of
5 application for licensure or renewal of a license; and
6 (2) inform the Department of any change of address of
7 record or email address of record within 14 days after such
8 change either through the Department's website or by
9 contacting the Department's licensure maintenance unit.
10 (225 ILCS 2/25)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 25. Powers and duties of Department. The Department
13shall exercise powers and duties under this Act as follows:
14 (1) Review applications to ascertain the
15 qualifications of applicants for licensure.
16 (2) Adopt rules consistent with the provisions of this
17 Act for its administration and enforcement and may
18 prescribe forms that shall be used in connection with this
19 Act. The rules may define standards and criteria for
20 professional conduct and discipline. The Department shall
21 consult with the Board in adopting rules. Notice of
22 proposed rulemaking shall be transmitted to the Board, and
23 the Department shall review the Board's response and any
24 recommendations made in the response.
25 (3) The Department may at any time seek the advice and

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1 the expert knowledge of the Board on any matter relating to
2 the administration of this Act.
3(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
4 (225 ILCS 2/30)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 30. Illinois Administrative Procedure Act. The
7Illinois Administrative Procedure Act is hereby expressly
8adopted and incorporated herein as if all of the provisions of
9that Act were included in this Act, except that the provision
10of subsection (d) of Section 10-65 of the Illinois
11Administrative Procedure Act, which provides that at hearings
12the licensee has the right to show compliance with all lawful
13requirements for retention or continuation or renewal of the
14license, is specifically excluded. For the purposes of this
15Act, the notice required under Section 10-25 of the Illinois
16Administrative Procedure Act is deemed sufficient when mailed
17to the address of record. shall apply to all administrative
18rules and procedures of the Department under this Act, except
19that in the case of a conflict between the Illinois
20Administrative Procedure Act and this Act, the provisions of
21this Act shall control.
22(Source: P.A. 89-706, eff. 1-31-97.)
23 (225 ILCS 2/35)
24 (Section scheduled to be repealed on January 1, 2018)

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1 Sec. 35. Board of Acupuncture. The Secretary shall appoint
2a Board of Acupuncture to consist of 7 persons who shall be
3appointed by and shall serve in an advisory capacity to the
4Secretary. Four members must hold an active license to engage
5in the practice of acupuncture in this State, one member shall
6be a chiropractic physician licensed under the Medical Practice
7Act of 1987 who is actively engaged in the practice of
8acupuncture, one member shall be a physician licensed to
9practice medicine in all of its branches in Illinois, and one
10member must be a member of the public who is not licensed under
11this Act or a similar Act of another jurisdiction and who has
12no connection with the profession.
13 Members shall serve 4-year terms and until their successors
14are appointed and qualified. No member may be appointed to more
15than 2 consecutive full terms shall be reappointed to the Board
16for a term that would cause his or her continuous service on
17the Board to be longer than 8 consecutive years. Appointments
18to fill vacancies shall be made in the same manner as original
19appointments for the unexpired portion of the vacated term.
20Initial terms shall begin upon the effective date of this
21amendatory Act of 1997.
22 The Board may annually elect a chairperson and a
23vice-chairperson who shall preside in the absence of the
24chairperson. The membership of the Board should reasonably
25reflect representation from the geographic areas in this State.
26The Secretary may terminate the appointment of any member for

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1cause. The Secretary may give due consideration to all
2recommendations of the Board. A majority of the Board members
3currently appointed shall constitute a quorum. A vacancy in the
4membership of the Board shall not impair the right of a quorum
5to exercise the right and perform all the duties of the Board.
6Members of the Board shall have no liability in any action
7based upon any disciplinary proceeding or other activity
8performed in good faith as a member of the Board.
9(Source: P.A. 95-450, eff. 8-27-07.)
10 (225 ILCS 2/40)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 40. Application for licensure. Applications for
13original licensure as an acupuncturist shall be made to the
14Department in writing on forms prescribed by the Department and
15shall be accompanied by the required fee, which shall not be
17 Until December 31, 2001, applicants shall submit with the
18application proof of passing the National Certification
19Commission for Acupuncture and Oriental Medicine examination
20or a substantially equivalent examination approved by the
21Department or meeting any other qualifications established by
22the Department.
23 The On and after January 1, 2002, the Department may shall
24issue a license to an applicant who submits with the
25application proof that the applicant satisfies of each of the

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1following requirements for licensure:
2 (1)(A) graduation from a school accredited by the
3 Accreditation Commission for Acupuncture and Oriental
4 Medicine or a similar accrediting body approved by the
5 Department; or (B) completion of a comprehensive
6 educational program approved by the Department; and
7 (2) passing the National Certification Commission for
8 Acupuncture and Oriental Medicine examination or a
9 substantially equivalent examination approved by the
10 Department.
11 An applicant has 3 years from the date of his or her
12application to complete the application process. If the process
13has not been completed in 3 years, the application shall be
14denied, the fee shall be forfeited, and the applicant must
15reapply and meet the requirements in effect at the time of
17(Source: P.A. 93-999, eff. 8-23-04.)
18 (225 ILCS 2/60)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 60. Exhibition of license upon request; change of
21address. A licensee shall, whenever requested, exhibit his or
22her license to any representative of the Department and shall
23notify the Department of the address or addresses, and of every
24change of address, where the licensee practices acupuncture.
25(Source: P.A. 95-450, eff. 8-27-07.)

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1 (225 ILCS 2/70)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 70. Renewal, reinstatement, or restoration of
4license; continuing education; military service. The
5expiration date and renewal period for each license issued
6under this Act shall be set by rule. The holder of a license
7may renew that license during the month preceding its
8expiration date by paying the required fee.
9 In order to renew or restore a license, applicants shall
10provide proof of having met the requirements of continuing
11education set forth in the rules of the Department. Continuing
12education sponsors approved by the Department may not use an
13individual to engage in clinical demonstration, unless that
14individual is actively licensed under this Act or licensed by
15another state or country as set forth in Section 20.1 of this
17 A person who has permitted his or her license to expire or
18who has had his or her license on inactive status may have the
19license restored by submitting an application to the
20Department, by meeting continuing education requirements, and
21by filing proof acceptable to the Department of fitness to have
22the license restored, which may include sworn evidence
23certifying to active practice in another jurisdiction
24satisfactory to the Department and by paying the required
25restoration fee. If the person has not maintained an active

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1practice in another jurisdiction satisfactory to the
2Department, the Department shall determine, by an evaluation
3program established by rule, his or her fitness to resume
4active status and may require the person to complete a period
5of evaluated clinical experience and may require successful
6completion of a practical examination.
7 Any acupuncturist whose license expired while he or she was
8(1) in federal service on active duty with the Armed Forces of
9the United States or the State Militia called into service or
10training or (2) in training or education under the supervision
11of the United States preliminary to induction into the military
12service, however, may have his or her license registration
13restored without paying any lapsed renewal fees if within 2
14years after honorable termination of service, training, or
15education, he or she furnishes the Department with satisfactory
16evidence that he or she has been so engaged and that his or her
17service, training, or education has been terminated.
18(Source: P.A. 95-450, eff. 8-27-07.)
19 (225 ILCS 2/105)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 105. Unlicensed practice; civil penalty.
22 (a) A person who practices, offers to practice, attempts to
23practice, or holds himself or herself out to practice as a
24licensed acupuncturist without being licensed under this Act
25shall, in addition to any other penalty provided by law, pay a

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1civil penalty to the Department in an amount not to exceed
2$10,000 for each offense as determined by the Department. The
3civil penalty shall be assessed by the Department after a
4hearing is held in accordance with the provisions set forth in
5this Act regarding the provision of a hearing for the
6discipline of a licensee.
7 (b) The Department has the authority and power to
8investigate any and all unlicensed activity.
9 (c) The civil penalty shall be paid within 60 days after
10the effective date of the order imposing the civil penalty. The
11order shall constitute a judgment and may be filed and
12execution had thereon in the same manner as any judgment from
13any court of record.
14(Source: P.A. 95-450, eff. 8-27-07.)
15 (225 ILCS 2/110)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 110. Grounds for disciplinary action.
18 (a) The Department may refuse to issue or to renew, place
19on probation, suspend, revoke or take other disciplinary or
20non-disciplinary action as deemed appropriate including the
21imposition of fines not to exceed $10,000 for each violation,
22as the Department may deem proper, with regard to a license for
23any one or combination of the following causes:
24 (1) Violations of this the Act or its rules.
25 (2) Conviction by or plea of guilty or nolo contendere,

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1 finding of guilt, jury verdict, or entry of judgment or
2 sentencing, including, but not limited to, convictions,
3 preceding sentences of supervision, conditional discharge,
4 or first offender probation, under the laws of any
5 jurisdiction of the United States that is of any crime
6 under the laws of the United States or any state or
7 territory thereof that is (i) a felony or (ii) a
8 misdemeanor, an essential element of which is dishonesty or
9 that is directly related to the practice of the profession.
10 (3) Making any misrepresentation for the purpose of
11 obtaining a license.
12 (4) Aiding or assisting another person in violating any
13 provision of this Act or its rules.
14 (5) Failing to provide information within 60 days in
15 response to a written request made by the Department which
16 has been sent by certified or registered mail to the
17 licensee's last known address of record or by email to the
18 licensee's email address of record.
19 (6) Discipline by another U.S. jurisdiction or foreign
20 nation, if at least one of the grounds for the discipline
21 is the same or substantially equivalent to one set forth in
22 this Section.
23 (7) Solicitation of professional services by means
24 other than permitted under this Act.
25 (8) Failure to provide a patient with a copy of his or
26 her record upon the written request of the patient.

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1 (9) Gross negligence in the practice of acupuncture.
2 (10) Habitual or excessive use or addiction to alcohol,
3 narcotics, stimulants, or any other chemical agent or drug
4 that results in an acupuncturist's inability to practice
5 with reasonable judgment, skill, or safety.
6 (11) A finding that licensure has been applied for or
7 obtained by fraudulent means.
8 (12) A pattern of practice or other behavior that
9 demonstrates incapacity or incompetence to practice under
10 this Act.
11 (13) Being named as a perpetrator in an indicated
12 report by the Department of Children and Family Services
13 under the Abused and Neglected Child Reporting Act and upon
14 proof by clear and convincing evidence that the licensee
15 has caused a child to be an abused child or a neglected
16 child as defined in the Abused and Neglected Child
17 Reporting Act.
18 (14) Willfully Wilfully failing to report an instance
19 of suspected child abuse or neglect as required by the
20 Abused and Neglected Child Reporting Act.
21 (15) The use of any words, abbreviations, figures or
22 letters (such as Acupuncturist, Licensed Acupuncturist,
23 Certified Acupuncturist, C.A., Act., Lic. Act., or Lic.
24 Ac.) with the intention of indicating practice as a
25 licensed acupuncturist without a valid license as an
26 acupuncturist issued under this Act.

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

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1 (21) Violation of the Health Care Worker Self-Referral
2 Act.
3 The entry of an order by a circuit court establishing that
4any person holding a license under this Act is subject to
5involuntary admission or judicial admission as provided for in
6the Mental Health and Developmental Disabilities Code operates
7as an automatic suspension of that license. That person may
8have his or her license restored only upon the determination by
9a circuit court that the patient is no longer subject to
10involuntary admission or judicial admission and the issuance of
11an order so finding and discharging the patient and upon the
12Board's recommendation to the Department that the license be
13restored. Where the circumstances so indicate, the Board may
14recommend to the Department that it require an examination
15prior to restoring a suspended license.
16 The Department may refuse to issue or renew the license of
17any person who fails to (i) file a return or to pay the tax,
18penalty or interest shown in a filed return or (ii) pay any
19final assessment of the tax, penalty, or interest as required
20by any tax Act administered by the Illinois Department of
21Revenue, until the time that the requirements of that tax Act
22are satisfied.
23 In enforcing this Section, the Department or Board upon a
24showing of a possible violation may compel an individual
25licensed to practice under this Act, or who has applied for
26licensure under this Act, to submit to a mental or physical

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1examination, or both, as required by and at the expense of the
2Department. The Department or Board may order the examining
3physician to present testimony concerning the mental or
4physical examination of the licensee or applicant. No
5information shall be excluded by reason of any common law or
6statutory privilege relating to communications between the
7licensee or applicant and the examining physician. The
8examining physicians shall be specifically designated by the
9Board or Department. The individual to be examined may have, at
10his or her own expense, another physician of his or her choice
11present during all aspects of this examination. Failure of an
12individual to submit to a mental or physical examination, when
13directed, shall be grounds for suspension of his or her license
14until the individual submits to the examination if the
15Department finds, after notice and hearing, that the refusal to
16submit to the examination was without reasonable cause.
17 If the Department or Board finds an individual unable to
18practice because of the reasons set forth in this Section, the
19Department or Board may require that individual to submit to
20care, counseling, or treatment by physicians approved or
21designated by the Department or Board, as a condition, term, or
22restriction for continued, restored reinstated, or renewed
23licensure to practice; or, in lieu of care, counseling, or
24treatment, the Department may file, or the Board may recommend
25to the Department to file, a complaint to immediately suspend,
26revoke, or otherwise discipline the license of the individual.

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1An individual whose license was granted, continued, restored
2reinstated, renewed, disciplined, or supervised subject to
3such terms, conditions, or restrictions, and who fails to
4comply with such terms, conditions, or restrictions, shall be
5referred to the Secretary for a determination as to whether the
6individual shall have his or her license suspended immediately,
7pending a hearing by the Department.
8 In instances in which the Secretary immediately suspends a
9person's license under this Section, a hearing on that person's
10license must be convened by the Department within 30 days after
11the suspension and completed without appreciable delay. The
12Department and Board shall have the authority to review the
13subject individual's record of treatment and counseling
14regarding the impairment to the extent permitted by applicable
15federal statutes and regulations safeguarding the
16confidentiality of medical records.
17 An individual licensed under this Act and affected under
18this Section shall be afforded an opportunity to demonstrate to
19the Department or Board that he or she can resume practice in
20compliance with acceptable and prevailing standards under the
21provisions of his or her license.
22(Source: P.A. 95-450, eff. 8-27-07.)
23 (225 ILCS 2/120)
24 (Section scheduled to be repealed on January 1, 2018)
25 Sec. 120. Checks or orders to Department dishonored because

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1of insufficient funds. Any person who issues or delivers a
2check or other order to the Department that is not honored on 2
3occasions by the financial institution upon which it is drawn
4because of insufficient funds on account, the account is
5closed, or a stop payment has been placed on the check or order
6shall pay to the Department, in addition to the amount owing
7upon the check or other order, a fee of $50. If the check or
8other order was issued or delivered in payment of a renewal or
9issuance fee and the person whose license registration has
10lapsed continues to practice acupuncture without paying the
11renewal or issuance fee and the required $50 fee under this
12Section, an additional fee of $100 shall be imposed. The fees
13imposed by this Section are in addition to any other
14disciplinary provision under this Act prohibiting practice on
15an expired or non-renewed license registration. The Department
16shall mail a registration renewal form to each registrant 60
17days before the expiration of the registrant's current
18registration. The Department shall notify a person whose
19registration has lapsed, within 30 days after the discovery of
20the lapse, that the individual is engaged in the unauthorized
21practice of acupuncture and of the amount due to the Department
22which shall include the lapsed renewal fee and all other fees
23required by this Section. If after the expiration of 30 days
24from the date of the notification a person whose license
25registration has lapsed seeks a current license registration,
26he or she shall thereafter apply to the Department for

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1restoration of the license registration and pay all fees due to
2the Department. The Department may establish a fee for the
3processing of an application for restoration of a license
4registration that allows the Department to pay all costs and
5expenses incident to the processing of this application. The
6Secretary may waive the fees due under this Section in
7individual cases where he or she finds that the fees would be
8unreasonably or unnecessarily burdensome.
9(Source: P.A. 95-450, eff. 8-27-07.)
10 (225 ILCS 2/130)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 130. Injunctions; criminal offenses; cease and desist
14 (a) If any person violates the provisions of this Act, the
15Secretary may, in the name of the People of the State of
16Illinois, through the Attorney General of the State of Illinois
17or the State's Attorney for any county in which the action is
18brought, petition for an order enjoining the violation or for
19an order enforcing compliance with this Act. Upon the filing of
20a verified petition in court, the court may issue a temporary
21restraining order, without notice or condition, and may
22preliminarily and permanently enjoin the violation. If it is
23established that the person has violated or is violating the
24injunction, the court Court may punish the offender for
25contempt of court. Proceedings under this Section shall be in

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1addition to, and not in lieu of, all other remedies and
2penalties provided by this Act.
3 (b) Whenever in the opinion of the Department a person
4violates a provision of this Act, the Department may issue a
5rule to show cause why an order to cease and desist should not
6be entered against that person. The rule shall clearly set
7forth the grounds relied upon by the Department and shall allow
8at least 7 days from the date of the rule to file an answer to
9the satisfaction of the Department. Failure to answer to the
10satisfaction of the Department shall cause an order to cease
11and desist to be issued immediately.
12 (c) Other than as provided in Section 20 of this Act, if
13any person practices as an acupuncturist or holds himself or
14herself out as a licensed acupuncturist under this Act without
15being issued a valid existing license by the Department, then
16any licensed acupuncturist, any interested party, or any person
17injured thereby may, in addition to the Secretary, petition for
18relief as provided in subsection (a) of this Section.
19(Source: P.A. 95-450, eff. 8-27-07.)
20 (225 ILCS 2/140)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 140. Investigation; notice; hearing. Licenses may be
23refused, revoked, suspended, or otherwise disciplined in the
24manner provided by this Act and not otherwise. The Department
25may upon its own motion or upon the complaint of any person

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1setting forth facts that if proven would constitute grounds for
2refusal to issue or renew or for suspension, revocation, or
3other disciplinary action under this Act, investigate the
4actions of a person applying for, holding, or claiming to hold
5a license. The Department shall, before refusing to issue or
6renew, suspending, revoking, or taking other disciplinary
7action regarding a license or taking other discipline pursuant
8to Section 110 of this Act, and at least 30 days prior to the
9date set for the hearing, notify in writing the applicant or
10licensee of any charges made, shall afford the applicant or
11licensee an opportunity to be heard in person or by counsel in
12reference to the charges, and direct the applicant or licensee
13to file a written answer to the Department under oath within 20
14days after the service of the notice and inform the applicant
15or licensee that failure to file an answer will result in
16default being taken against the applicant or licensee and that
17the license may be suspended, revoked, placed on probationary
18status, or other disciplinary action may be taken, including
19limiting the scope, nature, or extent of practice, as the
20Secretary may deem proper. Written notice may be served by: (1)
21personal delivery to the applicant or licensee; or by (2)
22mailing the notice by registered or certified mail to his or
23her address of record last known place of residence or to the
24place of business last specified by the applicant or licensee
25in his or her last notification to the Department; or (3)
26sending notice via email to the applicant's or licensee's email

SB0898 Engrossed- 23 -LRB100 05745 SMS 15768 b
1address of record. If the person fails to file an answer after
2receiving notice, his or her license may, in the discretion of
3the Department, be suspended, revoked, or placed on
4probationary status or the Department may take whatever
5disciplinary action deemed proper, including limiting the
6scope, nature, or extent of the person's practice or the
7imposition of a fine, without a hearing, if the act or acts
8charged constitute sufficient grounds for such action under
9this Act. At the time and place fixed in the notice, the
10Department shall proceed to hearing of the charges and both the
11applicant or licensee and the complainant shall be afforded
12ample opportunity to present, in person or by counsel, any
13statements, testimony, evidence, and arguments that may be
14pertinent to the charges or to their defense. The Department
15may continue a hearing from time to time. If the Board is not
16sitting at the time and place fixed in the notice or at the
17time and place to which the hearing shall have been continued,
18the Department may continue the hearing for a period not to
19exceed 30 days.
20(Source: P.A. 95-450, eff. 8-27-07.)
21 (225 ILCS 2/142 new)
22 Sec. 142. Confidentiality. All information collected by
23the Department in the course of an examination or investigation
24of a licensee or applicant, including, but not limited to, any
25complaint against a licensee filed with the Department and

SB0898 Engrossed- 24 -LRB100 05745 SMS 15768 b
1information collected to investigate any such complaint, shall
2be maintained for the confidential use of the Department and
3may not be disclosed. The Department may not disclose the
4information to anyone other than law enforcement officials,
5other regulatory agencies that have an appropriate regulatory
6interest as determined by the Secretary of the Department, or a
7party presenting a lawful subpoena to the Department.
8Information and documents disclosed to a federal, State,
9county, or local law enforcement agency may not be disclosed by
10the agency for any purpose to any other agency or person. A
11formal complaint filed by the Department against a licensee or
12applicant is a public record, except as otherwise prohibited by
14 (225 ILCS 2/152)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 152. Certification of record. The Department shall not
17be required to certify any a record to the court, file any
18answer in court, or otherwise appear in any court in a judicial
19review proceeding, unless and until the Department has received
20from the plaintiff payment of the costs of furnishing and
21certifying the record, which costs shall be determined by the
22Department. Exhibits shall be certified without cost there is
23filed in the court with the complaint a receipt from the
24Department acknowledging payment of the costs of furnishing and
25certifying the record. Failure on the part of the plaintiff to

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1file a receipt in court shall be grounds for dismissal of the
3(Source: P.A. 90-61, eff. 7-3-97.)
4 (225 ILCS 2/160)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 160. Findings of facts, conclusions of law, and
7recommendations. At the conclusion of the hearing, the Board
8shall present to the Secretary a written report of its findings
9of fact, conclusions of law, and recommendations. The report
10shall contain a finding whether or not the accused person
11violated this Act or failed to comply with the conditions
12required in this Act. The Board shall specify the nature of the
13violation or failure to comply and shall make its
14recommendations to the Secretary.
15 The report of findings of fact, conclusions of law, and
16recommendations of the Board may be the basis of the order of
17the Department. If the Secretary disagrees in any regard with
18the report of the Board, the Secretary may issue an order in
19contravention of the report. The Secretary shall provide notice
20to the Board on any deviation and the reasons for the
21deviation. The finding is not admissible in evidence against
22the person in a criminal prosecution brought for the violation
23of this Act, but the hearing and findings are not a bar to a
24criminal prosecution brought for the violation of this Act.
25(Source: P.A. 95-450, eff. 8-27-07.)

SB0898 Engrossed- 26 -LRB100 05745 SMS 15768 b
1 (225 ILCS 2/170)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 170. Service of report; rehearing; order. In any case
4involving the refusal to issue or renew a license or the
5discipline of a license, a copy of the Board's hearing
6officer's report shall be served upon the respondent by the
7Department, either personally or as provided in this Act for
8the service of the notice of hearing. Within 20 days after the
9service, the respondent may present to the Department a motion
10in writing for a rehearing that shall specify the particular
11grounds for rehearing. If no motion for rehearing is filed,
12then upon the expiration of the time specified for filing such
13a motion, or if a motion for rehearing is denied, then upon the
14denial the Secretary may enter an order in accordance with
15recommendations of the Board, except as provided in Section 175
16of this Act. If the respondent orders from the reporting
17service office and pays for a transcript of the record within
18the time for filing a motion for rehearing, the 20-day 20 day
19period within which the motion may be filed shall commence upon
20the delivery of the transcript to the respondent.
21(Source: P.A. 95-450, eff. 8-27-07.)
22 (225 ILCS 2/175)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 175. Substantial justice to be done; rehearing.

SB0898 Engrossed- 27 -LRB100 05745 SMS 15768 b
1Whenever the Secretary is satisfied that substantial justice
2has not been done in the revocation, suspension, or refusal to
3issue, restore, or renew discipline of a license, or other
4discipline of an applicant or licensee, the Secretary may order
5a rehearing by the same or other examiners another hearing
7(Source: P.A. 95-450, eff. 8-27-07.)
8 (225 ILCS 2/190)
9 (Section scheduled to be repealed on January 1, 2018)
10 Sec. 190. Surrender of license registration. Upon the
11revocation or suspension of any license registration, the
12licensee registrant shall immediately surrender the license
13registration certificate to the Department. If the licensee
14registrant fails to do so, the Department shall have the right
15to seize the license registration certificate.
16(Source: P.A. 95-450, eff. 8-27-07.)
17 (225 ILCS 2/200)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 200. Review under Administrative Review Law. All final
20administrative decisions of the Department are subject to
21judicial review under the Administrative Review Law and all
22rules adopted under the Administrative Review Law. The term
23"administrative decision" is defined as in Section 3-101 of the
24Code of Civil Procedure.

SB0898 Engrossed- 28 -LRB100 05745 SMS 15768 b
1 Proceedings for judicial review shall be commenced in the
2circuit court of the county in which the party applying for
3review resides; however, if the party is not a resident of this
4State, the venue shall be Sangamon County.
5(Source: P.A. 89-706, eff. 1-31-97.)
6 (225 ILCS 2/90 rep.)
7 Section 15. The Acupuncture Practice Act is amended by
8repealing Section 90.
9 Section 99. Effective date. This Act takes effect upon
10becoming law.

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2 Statutes amended in order of appearance