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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 9-3)

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0418 [SB0898 Detail]

Download: Illinois-2017-SB0898-Engrossed.html

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 Acts repealed on January 1, 2018.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Acts are repealed on January 1, 2018: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

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(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.38 new)
Sec. 4.38. Acts repealed on January 1, 2028. The following
Act is repealed on January 1, 2028:
The Acupuncture Practice Act.
Section 10. The Acupuncture Practice Act is amended by
changing Sections 10, 25, 30, 35, 40, 60, 70, 105, 110, 120,
130, 140, 152, 160, 170, 175, 190, and 200 and by adding
Sections 12 and 142 as follows:
(225 ILCS 2/10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. Definitions. As used in this Act:
"Acupuncture" means the evaluation or treatment of persons
affected through a method of stimulation of a certain point or
points on or immediately below the surface of the body by the
insertion of pre-sterilized, single-use, disposable needles,
unless medically contraindicated, with or without the
application of heat, electronic stimulation, or manual
pressure to prevent or modify the perception of pain, to

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
may not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary of the Department, or a
party presenting a lawful subpoena to the Department.
Information and documents disclosed to a federal, State,
county, or local law enforcement agency may not be disclosed by
the agency for any purpose to any other agency or person. A
formal complaint filed by the Department against a licensee or
applicant is a public record, except as otherwise prohibited by
law.
(225 ILCS 2/152)
(Section scheduled to be repealed on January 1, 2018)
Sec. 152. Certification of record. The Department shall not
be required to certify any a record to the court, file any
answer in court, or otherwise appear in any court in a judicial
review proceeding, unless and until the Department has received
from the plaintiff payment of the costs of furnishing and
certifying the record, which costs shall be determined by the
Department. Exhibits shall be certified without cost there is
filed in the court with the complaint a receipt from the
Department acknowledging payment of the costs of furnishing and
certifying the record. Failure on the part of the plaintiff to

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

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

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

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Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides; however, if the party is not a resident of this
State, the venue shall be Sangamon County.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/90 rep.)
Section 15. The Acupuncture Practice Act is amended by
repealing Section 90.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance