Bill Text: IL SB1350 | 2017-2018 | 100th General Assembly | Introduced


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. Changes the short title of the Act to the Acupuncture and East Asian Medicine Practice Act. Allows for the practice of East Asian medicine. Makes changes to the definition of "acupuncture" and "acupuncturist". Defines "East Asian medicine". Removes the definition of "referral by written orders". Removes language allowing a physician or a dentist to refer by written order a patient to an acupuncturist and maintain management of the patient. Adds provisions concerning guest practitioners of acupuncture and East Asian medicine. Changes the name of the Board of Acupuncture to the Board of Acupuncture and East Asian Medicine and allows licensed practitioners of East Asian medicine to be members of the Board. Provides that the Department of Financial and Professional Regulation shall issue a license to an applicant that submits proof of a demonstration of status as a Diplomate of Acupuncture or Diplomate of Oriental Medicine with the National Certification Commission for Acupuncture and Oriental Medicine or an equivalent credential approved by the Department (rather than passing the National Certification Commission for Acupuncture and Oriental Medicine examination or an equivalent examination). Makes changes in provisions concerning titles and designations that can be used by those licensed under the Act. Makes conforming changes in the Comprehensive Health Insurance Plan Act, the Tattoo and Body Piercing Establishment Registration Act, and the Professional Service Corporation Act. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2017-02-28 - Added as Co-Sponsor Sen. Toi W. Hutchinson [SB1350 Detail]

Download: Illinois-2017-SB1350-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1350

Introduced 2/9/2017, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:
See Index

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. Changes the short title of the Act to the Acupuncture and East Asian Medicine Practice Act. Allows for the practice of East Asian medicine. Makes changes to the definition of "acupuncture" and "acupuncturist". Defines "East Asian medicine". Removes the definition of "referral by written orders". Removes language allowing a physician or a dentist to refer by written order a patient to an acupuncturist and maintain management of the patient. Adds provisions concerning guest practitioners of acupuncture and East Asian medicine. Changes the name of the Board of Acupuncture to the Board of Acupuncture and East Asian Medicine and allows licensed practitioners of East Asian medicine to be members of the Board. Provides that the Department of Financial and Professional Regulation shall issue a license to an applicant that submits proof of a demonstration of status as a Diplomate of Acupuncture or Diplomate of Oriental Medicine with the National Certification Commission for Acupuncture and Oriental Medicine or an equivalent credential approved by the Department (rather than passing the National Certification Commission for Acupuncture and Oriental Medicine examination or an equivalent examination). Makes changes in provisions concerning titles and designations that can be used by those licensed under the Act. Makes conforming changes in the Comprehensive Health Insurance Plan Act, the Tattoo and Body Piercing Establishment Registration Act, and the Professional Service Corporation Act. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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
19Act.
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
22Act.
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. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Acupuncture and East Asian Medicine Practice Act.
10 Section 10. The Acupuncture Practice Act is amended by
11changing Sections 1, 5, 10, 15, 20.1, 35, 40, 50, 55, and 110
12and by adding Section 20.2 as follows:
13 (225 ILCS 2/1)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 1. Short title. This Act may be cited as the
16Acupuncture and East Asian Medicine Practice Act.
17(Source: P.A. 89-706, eff. 1-31-97.)
18 (225 ILCS 2/5)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 5. Objects and purpose. The practice of acupuncture
21and East Asian medicine in the State of Illinois is hereby
22declared to affect the public health, safety, and welfare and

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1to be subject to regulation and control in the public interest.
2It is further declared to be a matter of public interest and
3concern that the practice of acupuncture and East Asian
4medicine as defined in this Act merit and receive the
5confidence of the public, and that only qualified persons, as
6set forth by this Act, be authorized to practice acupuncture
7and East Asian medicine in the State of Illinois. This Act
8shall be liberally construed to best carry out these subjects
9and purposes.
10(Source: P.A. 89-706, eff. 1-31-97.)
11 (225 ILCS 2/10)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 10. Definitions. As used in this Act:
14 "Acupuncture" means the evaluation or treatment that is
15effected by stimulating of persons affected through a method of
16stimulation of a certain body points point or points on or
17immediately below the surface of the body by (1) the insertion
18of pre-sterilized, single-use, disposable needles, unless
19medically contraindicated or (2) , with or without the
20application of heat, including far-infared, or cold,
21electricity, electro or magnetic electronic stimulation, cold
22laser, vibration, cupping, gua sha, or manual pressure, or
23other methods, with or without the concurrent use of needles,
24to prevent or modify the perception of pain, to normalize
25physiological functions, or for the treatment of certain

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1diseases or dysfunctions of the body and includes activities
2referenced in Section 15 of this Act for which a written
3referral is not required. In accordance with this Section, the
4practice known as dry needling or intramuscular manual
5stimulation, or similar wording intended to describe such
6practice, is determined to be within the definition, scope, and
7practice of acupuncture. Acupuncture does not include
8radiology, electrosurgery, chiropractic technique, physical
9therapy, naprapathic technique, use or prescribing of any
10pharmaceuticals, drugs, medications, herbal preparations,
11nutritional supplements, serums, or vaccines, or determination
12of a differential diagnosis by means other than the principles
13and techniques as taught by schools accredited by the
14Accreditation Commission for Acupuncture and Oriental Medicine
15or a similar accrediting body approved by the Department. An
16acupuncturist registered under this Act who is not also
17licensed as a physical therapist under the Illinois Physical
18Therapy Act shall not hold himself or herself out as being
19qualified to provide physical therapy or physiotherapy
20services. An acupuncturist shall refer to a licensed physician
21or dentist, any patient whose condition should, at the time of
22evaluation or treatment, be determined to be beyond the scope
23of practice of the acupuncturist.
24 "Acupuncturist" means a person who practices acupuncture
25and East Asian medicine in all its forms, including traditional
26and modern practices in both teachings and delivery, and who is

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1licensed by the Department.
2 "Board" means the Board of Acupuncture and East Asian
3Medicine.
4 "Dentist" means a person licensed under the Illinois Dental
5Practice Act.
6 "Department" means the Department of Financial and
7Professional Regulation.
8 "East Asian medicine" means evaluation or treatment that
9uses methods included in one or more of the branches of East
10Asian medicine: acupuncture, moxibustion, herbal medicinals,
11supplements, manual methods, exercise, and diet, to prevent or
12modify the perception of pain, to normalize physiological
13functions, or for the treatment of diseases or dysfunctions of
14the body and includes activities referenced in Section 15 of
15this Act for which a written referral is not required. East
16Asian medicine includes recommendation of dietary supplements
17and natural products, including, but not limited to, the
18recommendation of diet, herbs and other natural products, and
19their preparation in accordance with traditional and modern
20practices of East Asian medical theory, such as Chinese,
21Korean, or Japanese medical theory. East Asian medicine does
22not include radiology, electrosurgery, chiropractic technique,
23use or prescribing of any pharmaceuticals or vaccines, or
24determination of a differential diagnosis by means other than
25the principles and techniques as taught by schools accredited
26by the Accreditation Commission for Acupuncture and Oriental

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1Medicine or a similar accrediting body approved by the
2Department.
3 "Physician" means a person licensed under the Medical
4Practice Act of 1987.
5 "Referral by written order" for purposes of this Act means
6a diagnosis, substantiated by signature of a physician or
7dentist, identifying a patient's condition and recommending
8treatment by acupuncture as defined in this Act. The diagnosis
9shall remain in effect until changed by the physician or
10dentist who may, through express direction in the referral,
11maintain management of the patient.
12 "Secretary" means the Secretary of Financial and
13Professional Regulation.
14 "State" includes:
15 (1) the states of the United States of America;
16 (2) the District of Columbia; and
17 (3) the Commonwealth of Puerto Rico.
18(Source: P.A. 95-450, eff. 8-27-07.)
19 (225 ILCS 2/15)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 15. Who may practice acupuncture or East Asian
22medicine. No person licensed under this Act may treat human
23ailments otherwise than by the practice of acupuncture and East
24Asian medicine as defined in this Act. A physician or dentist
25licensed in Illinois may practice acupuncture or East Asian

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1medicine in accordance with his or her training pursuant to
2this Act or the Medical Practice Act of 1987. A physician or a
3dentist may refer by written order a patient to an
4acupuncturist for the practice of acupuncture as defined in
5this Act and may, through express direction in the referral,
6maintain management of the patient. Nothing in this Act shall
7be construed to require a referral of a patient to an
8acupuncturist for evaluation and treatment based on
9acupuncture principles and techniques as taught by schools
10accredited by the Accreditation Commission for Acupuncture and
11Oriental Medicine or a similar accrediting body approved by the
12Department. An acupuncturist shall refer to a licensed
13physician or dentist, any patient whose condition should, at
14the time of evaluation or treatment, be determined to be beyond
15the scope of practice of the acupuncturist.
16 Nothing in this Act regarding the use of dietary
17supplements or herbs shall be construed to prohibit a person
18licensed in this State under any other Act from engaging in the
19practice for which he or she is licensed.
20(Source: P.A. 93-999, eff. 8-23-04.)
21 (225 ILCS 2/20.1)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 20.1. Guest instructors of acupuncture and East Asian
24medicine; professional education. The provisions of this Act do
25not prohibit an acupuncturist from another state or country,

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1who is not licensed under this Act and who is an invited guest
2of a professional acupuncture and East Asian medicine
3association or scientific acupuncture and East Asian medicine
4foundation or an acupuncture and East Asian medicine training
5program or continuing education provider approved by the
6Department under this Act, from engaging in professional
7education through lectures, clinics, or demonstrations,
8provided that the acupuncturist is currently licensed in
9another state or country and his or her license is active and
10has not been disciplined, or he or she is currently certified
11in good standing as an acupuncturist by the National
12Certification Commission for Acupuncture and Oriental Medicine
13or similar body approved by the Department.
14 Licensees under this Act may engage in professional
15education through lectures, clinics, or demonstrations as an
16invited guest of a professional acupuncture and East Asian
17medicine association or scientific acupuncture and East Asian
18medicine foundation or an acupuncture and East Asian medicine
19training program or continuing education provider approved by
20the Department under this Act. The Department may, but is not
21required to, establish rules concerning this Section.
22(Source: P.A. 95-450, eff. 8-27-07; 96-255, eff. 8-11-09;
2396-483, eff. 8-14-09.)
24 (225 ILCS 2/20.2 new)
25 Sec. 20.2. Guest practitioners of acupuncture. The

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1provisions of this Act do not prohibit an acupuncturist from
2another state or country who is not licensed under the Act from
3practicing in Illinois during a state of emergency as declared
4by the Governor of Illinois, provided that the acupuncturist is
5currently licensed in another state or country and his or her
6license is active and has not been disciplined, or he or she is
7certified by the National Certification Commission for
8Acupuncture and Oriental Medicine or similar body approved by
9the Department. Such practice is limited to the time period
10during which the declared state of emergency is in effect and
11may not exceed 2 consecutive weeks or a total of 30 days in one
12calendar year.
13 (225 ILCS 2/35)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 35. Board of Acupuncture and East Asian Medicine. The
16Secretary shall appoint a Board of Acupuncture and East Asian
17Medicine to consist of 7 persons who shall be appointed by and
18shall serve in an advisory capacity to the Secretary. Four
19members must hold an active license to engage in the practice
20of acupuncture or East Asian Medicine in this State, one member
21shall be a chiropractic physician licensed under the Medical
22Practice Act of 1987 who is actively engaged in the practice of
23acupuncture, one member shall be a physician licensed to
24practice medicine in all of its branches in Illinois, and one
25member must be a member of the public who is not licensed under

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1this Act or a similar Act of another jurisdiction and who has
2no connection with the profession.
3 Members shall serve 4-year terms and until their successors
4are appointed and qualified. No member shall be reappointed to
5the Board for a term that would cause his or her continuous
6service on the Board to be longer than 8 consecutive years.
7Appointments to fill vacancies shall be made in the same manner
8as original appointments for the unexpired portion of the
9vacated term. Initial terms shall begin upon the effective date
10of this amendatory Act of 1997.
11 The Board may annually elect a chairperson and a
12vice-chairperson who shall preside in the absence of the
13chairperson. The membership of the Board should reasonably
14reflect representation from the geographic areas in this State.
15The Secretary may terminate the appointment of any member for
16cause. The Secretary may give due consideration to all
17recommendations of the Board. A majority of the Board members
18currently appointed shall constitute a quorum. A vacancy in the
19membership of the Board shall not impair the right of a quorum
20to exercise the right and perform all the duties of the Board.
21Members of the Board shall have no liability in any action
22based upon any disciplinary proceeding or other activity
23performed in good faith as a member of the Board.
24(Source: P.A. 95-450, eff. 8-27-07.)
25 (225 ILCS 2/40)

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1 (Section scheduled to be repealed on January 1, 2018)
2 Sec. 40. Application for licensure. Applications for
3original licensure as an acupuncturist shall be made to the
4Department in writing on forms prescribed by the Department and
5shall be accompanied by the required fee, which shall not be
6refundable.
7 Applicants Until December 31, 2001, applicants shall
8submit with the application proof of passing the National
9Certification Commission for Acupuncture and Oriental Medicine
10examination or a substantially equivalent examination approved
11by the Department or meeting any other qualifications
12established by the Department.
13 The On and after January 1, 2002, the Department shall
14issue a license to an applicant who submits with the
15application proof of each of the following:
16 (1)(A) graduation from a school accredited by the
17 Accreditation Commission for Acupuncture and Oriental
18 Medicine or a similar accrediting body approved by the
19 Department; or (B) completion of a comprehensive
20 educational program approved by the Department; and
21 (2) demonstration of status as a Diplomate of
22 Acupuncture or Diplomate of Oriental Medicine with the
23 National Certification Commission for Acupuncture and
24 Oriental Medicine or a substantially equivalent credential
25 as approved by the Department. passing the National
26 Certification Commission for Acupuncture and Oriental

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1 Medicine examination or a substantially equivalent
2 examination approved by the Department.
3 An applicant has 3 years from the date of his or her
4application to complete the application process. If the process
5has not been completed in 3 years, the application shall be
6denied, the fee shall be forfeited, and the applicant must
7reapply and meet the requirements in effect at the time of
8reapplication.
9(Source: P.A. 93-999, eff. 8-23-04.)
10 (225 ILCS 2/50)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 50. Practice prohibited. Unless he or she has been
13issued, by the Department, a valid, existing license as an
14acupuncturist under this Act, no person may use the title and
15designation of "Acupuncturist", "Licensed Acupuncturist",
16"Certified Acupuncturist", "Doctor of Acupuncture and Chinese
17Medicine", "Doctor of Acupuncture and Oriental Medicine",
18"Doctor of Acupuncture", "Oriental Medicine Practitioner",
19"Licensed Oriental Medicine Practitioner", "Oriental Medicine
20Doctor", "Licensed Oriental Medicine Doctor", "C.A.", "Act.",
21"Lic. Act.", or "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or
22"O.M.D." either directly or indirectly, in connection with his
23or her profession or business. No person licensed under this
24Act may use the designation "medical", directly or indirectly,
25in connection with his or her profession or business. Nothing

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1shall prevent a physician from using the designation
2"Acupuncturist".
3 No person may practice, offer to practice, attempt to
4practice, or hold himself or herself out to practice as a
5licensed acupuncturist without being licensed under this Act.
6 This Act does not prohibit a person from applying
7acupuncture needles techniques as part of his or her
8educational training when he or she:
9 (1) is engaged in a State-approved course in
10 acupuncture and East Asian medicine, as provided in this
11 Act;
12 (2) is a graduate of a school of acupuncture or East
13 Asian medicine and participating in a postgraduate
14 training program;
15 (3) is a graduate of a school of acupuncture or East
16 Asian medicine and participating in a review course in
17 preparation for taking the National Certification
18 Commission for Acupuncture and Oriental Medicine
19 examination; or
20 (4) is participating in a State-approved continuing
21 education course offered through a State-approved
22 provider.
23 Students attending schools of acupuncture and East Asian
24medicine, and professional acupuncturists who are not licensed
25in Illinois, may engage in the application of acupuncture and
26East Asian medicine techniques in conjunction with their

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1education as provided in this Act, but may not open an office,
2appoint a place to meet private patients, consult with private
3patients, or otherwise engage in the practice of acupuncture
4and East Asian medicine beyond what is required in conjunction
5with their education.
6(Source: P.A. 92-70, eff. 7-12-01.)
7 (225 ILCS 2/55)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 55. Endorsement. The Department may, at its
10discretion, license as an acupuncturist without examination,
11on payment of the fee, an applicant for licensure who is an
12acupuncturist under the laws of another state if the
13requirements pertaining to acupuncture and East Asian medicine
14in that state were at the date of his or her licensure
15substantially equal to the requirements in force in Illinois on
16that date or if an applicant possesses individual
17qualifications that are substantially equal to the
18requirements under this Act.
19 An applicant has 3 years from the date of his or her
20application to complete the application process. If the process
21has not been completed in 3 years, the application shall be
22denied, the fee shall be forfeited, and the applicant must
23reapply and meet the requirements in effect at the time of
24reapplication.
25(Source: P.A. 90-61, eff. 7-3-97.)

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1 (225 ILCS 2/110)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 110. Grounds for disciplinary action.
4 (a) The Department may refuse to issue or to renew, place
5on probation, suspend, revoke or take other disciplinary or
6non-disciplinary action as deemed appropriate including the
7imposition of fines not to exceed $10,000 for each violation,
8as the Department may deem proper, with regard to a license for
9any one or combination of the following causes:
10 (1) Violations of the Act or its rules.
11 (2) Conviction or plea of guilty or nolo contendere of
12 any crime under the laws of the United States or any state
13 or territory thereof that is (i) a felony or (ii) a
14 misdemeanor, an essential element of which is dishonesty or
15 that is directly related to the practice of the profession.
16 (3) Making any misrepresentation for the purpose of
17 obtaining a license.
18 (4) Aiding or assisting another person in violating any
19 provision of this Act or its rules.
20 (5) Failing to provide information within 60 days in
21 response to a written request made by the Department which
22 has been sent by certified or registered mail to the
23 licensee's last known address.
24 (6) Discipline by another U.S. jurisdiction or foreign
25 nation, if at least one of the grounds for the discipline

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1 is the same or substantially equivalent to one set forth in
2 this Section.
3 (7) Solicitation of professional services by means
4 other than permitted under this Act.
5 (8) Failure to provide a patient with a copy of his or
6 her record upon the written request of the patient.
7 (9) Gross negligence in the practice of acupuncture or
8 East Asian medicine.
9 (10) Habitual or excessive use or addiction to alcohol,
10 narcotics, stimulants, or any other chemical agent or drug
11 that results in an acupuncturist's inability to practice
12 with reasonable judgment, skill, or safety.
13 (11) A finding that licensure has been applied for or
14 obtained by fraudulent means.
15 (12) A pattern of practice or other behavior that
16 demonstrates incapacity or incompetence to practice under
17 this Act.
18 (13) Being named as a perpetrator in an indicated
19 report by the Department of Children and Family Services
20 under the Abused and Neglected Child Reporting Act and upon
21 proof by clear and convincing evidence that the licensee
22 has caused a child to be an abused child or a neglected
23 child as defined in the Abused and Neglected Child
24 Reporting Act.
25 (14) Willfully Wilfully failing to report an instance
26 of suspected child abuse or neglect as required by the

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1 Abused and Neglected Child Reporting Act.
2 (15) The use of any words, abbreviations, figures or
3 letters (such as "Acupuncturist", "Licensed
4 Acupuncturist", "Certified Acupuncturist", "Doctor of
5 Acupuncture and Chinese Medicine", "Doctor of Acupuncture
6 and Oriental Medicine", "Doctor of Acupuncture", "Oriental
7 Medicine Practitioner", "Licensed Oriental Medicine
8 Practitioner", "Oriental Medicine Doctor", "Licensed
9 Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.", or
10 "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any
11 designation used by the Accreditation Commission for
12 Acupuncture and Oriental Medicine with the intention of
13 indicating practice as a licensed acupuncturist without a
14 valid license as an acupuncturist issued under this Act.
15 When the name of the licensed acupuncturist is used
16 professionally in oral, written, or printed announcements,
17 professional cards, or publications for the information of
18 the public and is preceded by the title "Doctor" or the
19 abbreviation "Dr.", the degree title or degree
20 abbreviation shall be added immediately following title
21 and name. When the announcement, professional card, or
22 publication is in writing or in print, the explanatory
23 addition shall be in writing, type, or print not less than
24 1/2 the size of that used in the name and title. No person
25 other than the holder of a valid existing license under
26 this Act shall use the title and designation of

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

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1 profession with reasonable judgment, skill, and safety,
2 including without limitation deterioration through the
3 aging process, mental illness, or disability.
4 (21) Violation of the Health Care Worker Self-Referral
5 Act.
6 (22) Failure to refer a patient whose condition should,
7 at the time of evaluation or treatment, be determined to be
8 beyond the scope of practice of the acupuncturist to a
9 licensed physician or dentist.
10 The entry of an order by a circuit court establishing that
11any person holding a license under this Act is subject to
12involuntary admission or judicial admission as provided for in
13the Mental Health and Developmental Disabilities Code operates
14as an automatic suspension of that license. That person may
15have his or her license restored only upon the determination by
16a circuit court that the patient is no longer subject to
17involuntary admission or judicial admission and the issuance of
18an order so finding and discharging the patient and upon the
19Board's recommendation to the Department that the license be
20restored. Where the circumstances so indicate, the Board may
21recommend to the Department that it require an examination
22prior to restoring a suspended license.
23 The Department may refuse to issue or renew the license of
24any person who fails to (i) file a return or to pay the tax,
25penalty or interest shown in a filed return or (ii) pay any
26final assessment of the tax, penalty, or interest as required

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1by any tax Act administered by the Illinois Department of
2Revenue, until the time that the requirements of that tax Act
3are satisfied.
4 In enforcing this Section, the Department or Board upon a
5showing of a possible violation may compel an individual
6licensed to practice under this Act, or who has applied for
7licensure under this Act, to submit to a mental or physical
8examination, or both, as required by and at the expense of the
9Department. The Department or Board may order the examining
10physician to present testimony concerning the mental or
11physical examination of the licensee or applicant. No
12information shall be excluded by reason of any common law or
13statutory privilege relating to communications between the
14licensee or applicant and the examining physician. The
15examining physicians shall be specifically designated by the
16Board or Department. The individual to be examined may have, at
17his or her own expense, another physician of his or her choice
18present during all aspects of this examination. Failure of an
19individual to submit to a mental or physical examination, when
20directed, shall be grounds for suspension of his or her license
21until the individual submits to the examination if the
22Department finds, after notice and hearing, that the refusal to
23submit to the examination was without reasonable cause.
24 If the Department or Board finds an individual unable to
25practice because of the reasons set forth in this Section, the
26Department or Board may require that individual to submit to

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1care, counseling, or treatment by physicians approved or
2designated by the Department or Board, as a condition, term, or
3restriction for continued, reinstated, or renewed licensure to
4practice; or, in lieu of care, counseling, or treatment, the
5Department may file, or the Board may recommend to the
6Department to file, a complaint to immediately suspend, revoke,
7or otherwise discipline the license of the individual. An
8individual whose license was granted, continued, reinstated,
9renewed, disciplined or supervised subject to such terms,
10conditions, or restrictions, and who fails to comply with such
11terms, conditions, or restrictions, shall be referred to the
12Secretary for a determination as to whether the individual
13shall have his or her license suspended immediately, pending a
14hearing by the Department.
15 In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that person's
17license must be convened by the Department within 30 days after
18the suspension and completed without appreciable delay. The
19Department and Board shall have the authority to review the
20subject individual's record of treatment and counseling
21regarding the impairment to the extent permitted by applicable
22federal statutes and regulations safeguarding the
23confidentiality of medical records.
24 An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate to
26the Department or Board that he or she can resume practice in

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1compliance with acceptable and prevailing standards under the
2provisions of his or her license.
3(Source: P.A. 95-450, eff. 8-27-07.)
4 Section 15. The Tattoo and Body Piercing Establishment
5Registration Act is amended by changing Section 10 as follows:
6 (410 ILCS 54/10)
7 Sec. 10. Definitions. In this Act:
8 "Aseptic technique" means a practice that prevents and
9hinders the transmission of disease-producing microorganisms
10from one person or place to another.
11 "Body piercing" means penetrating the skin to make a hole,
12mark, or scar that is generally permanent in nature. "Body
13piercing" does not include practices that are considered
14medical procedures or the puncturing of the outer perimeter or
15lobe of the ear using a pre-sterilized, single-use stud and
16clasp ear piercing system.
17 "Client" means the person, customer, or patron whose skin
18will be tattooed or pierced.
19 "Communicable disease" means a disease that can be
20transmitted from person to person directly or indirectly,
21including diseases transmitted via blood or body fluids.
22 "Department" means the Department of Public Health or other
23health authority designated as its agent.
24 "Director" means the Director of Public Health or his or

SB1350- 23 -LRB100 09384 SMS 19546 b
1her designee.
2 "Establishment" means a body-piercing operation, a
3tattooing operation, or a combination of both operations in a
4multiple-type establishment.
5 "Ink cup" means a small container for an individual portion
6of pigment that may be installed in a holder or palette and in
7which a small amount of pigment of a given color is placed.
8 "Multi-type establishment" means an operation encompassing
9both body piercing and tattooing on the same premises and under
10the same management.
11 "Person" means any individual, group of individuals,
12association, trust, partnership, corporation, or limited
13liability company.
14 "Procedure area" means the immediate area where
15instruments and supplies are placed during a procedure.
16 "Operator" means an individual, partnership, corporation,
17association, or other entity engaged in the business of owning,
18managing, or offering services of body piercing or tattooing.
19 "Sanitation" means the effective bactericidal and
20veridical treatment of clean equipment surfaces by a process
21that effectively destroys pathogens.
22 "Single use" means items that are intended for one time and
23one person use only and are to then be discarded.
24 "Sterilize" means to destroy all living organisms
25including spores.
26 "Tattooing" means making permanent marks on the skin of a

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1live human being by puncturing the skin and inserting indelible
2colors. "Tattooing" includes imparting permanent makeup on the
3skin, such as permanent lip coloring and permanent eyeliner.
4"Tattooing" does not include any of the following:
5 (1) The practice of electrology as defined in the
6 Electrology Licensing Act.
7 (2) The practice of acupuncture and East Asian medicine
8 as defined in the Acupuncture and East Asian Medicine
9 Practice Licensing Act.
10 (3) The use, by a physician licensed to practice
11 medicine in all its branches, of colors, dyes, or pigments
12 for the purpose of obscuring scar tissue or imparting color
13 to the skin for cosmetic, medical, or figurative purposes.
14(Source: P.A. 99-117, eff. 1-1-16.)
15 Section 20. The Professional Service Corporation Act is
16amended by changing Section 3.6 as follows:
17 (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
18 Sec. 3.6. "Related professions" and "related professional
19services" mean more than one personal service which requires as
20a condition precedent to the rendering thereof the obtaining of
21a license and which prior to October 1, 1973 could not be
22performed by a corporation by reason of law; provided, however,
23that these terms shall be restricted to:
24 (1) a combination of 2 or more of the following

SB1350- 25 -LRB100 09384 SMS 19546 b
1 personal services: (a) "architecture" as defined in
2 Section 5 of the Illinois Architecture Practice Act of
3 1989, (b) "professional engineering" as defined in Section
4 4 of the Professional Engineering Practice Act of 1989, (c)
5 "structural engineering" as defined in Section 5 of the
6 Structural Engineering Practice Act of 1989, (d) "land
7 surveying" as defined in Section 2 of the Illinois
8 Professional Land Surveyor Act of 1989;
9 (2) a combination of the following personal services:
10 (a) the practice of medicine by persons licensed under the
11 Medical Practice Act of 1987, (b) the practice of podiatry
12 as defined in the Podiatric Medical Practice Act of 1987,
13 (c) the practice of dentistry as defined in the Illinois
14 Dental Practice Act, (d) the practice of optometry as
15 defined in the Illinois Optometric Practice Act of 1987;
16 (3) a combination of 2 or more of the following
17 personal services: (a) the practice of clinical psychology
18 by persons licensed under the Clinical Psychologist
19 Licensing Act, (b) the practice of social work or clinical
20 social work by persons licensed under the Clinical Social
21 Work and Social Work Practice Act, (c) the practice of
22 marriage and family therapy by persons licensed under the
23 Marriage and Family Therapy Licensing Act, (d) the practice
24 of professional counseling or clinical professional
25 counseling by persons licensed under the Professional
26 Counselor and Clinical Professional Counselor Licensing

SB1350- 26 -LRB100 09384 SMS 19546 b
1 and Practice Act, or (e) the practice of sex offender
2 evaluations by persons licensed under the Sex Offender
3 Evaluation and Treatment Provider Act; or
4 (4) a combination of 2 or more of the following
5 personal services: (a) the practice of acupuncture or East
6 Asian medicine by persons licensed under the Acupuncture
7 and East Asian Medicine Practice Act, (b) the practice of
8 massage by persons licensed under the Massage Licensing
9 Act, (c) the practice of naprapathy by persons licensed
10 under the Naprapathic Practice Act, (d) the practice of
11 occupational therapy by persons licensed under the
12 Illinois Occupational Therapy Practice Act, or (e) the
13 practice of physical therapy by persons licensed under the
14 Illinois Physical Therapy Act.
15(Source: P.A. 99-227, eff. 8-3-15.)
16 Section 99. Effective date. This Act takes effect upon
17becoming law.

SB1350- 27 -LRB100 09384 SMS 19546 b
1 INDEX
2 Statutes amended in order of appearance