Bill Text: IL SB3922 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Creates the Naturopathic Medical Practice Act. Provides for the regulation of naturopathic physicians through licensure by the Department of Financial and Professional Regulation. Establishes the Board of Naturopathic Medicine. Sets forth provisions concerning licensure, scope of practice, duties of the Department, and administrative procedure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3922 Detail]

Download: Illinois-2011-SB3922-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3922 Introduced 5/25/2012, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
New Act
Creates the Naturopathic Medical Practice Act. Provides for the regulation of naturopathic physicians through licensure by the Department of Financial and Professional Regulation. Establishes the Board of Naturopathic Medicine. Sets forth provisions concerning licensure, scope of practice, duties of the Department, and administrative procedure.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 1. Short Title. This Act may be cited as the
Naturopathic Medical Practice Act.
Section 5. Purpose. The practice of naturopathic medicine
in the State of Illinois is declared to affect the public
health, safety, and welfare and to be subject to regulation and
control in the public interest. It is further declared to be a
matter of public interest and concern that naturopathic
physicians and the practice of naturopathic medicine, as
defined in this Act, merit and receive the confidence of the
public, that only qualified persons be authorized to practice
naturopathic medicine in the State of Illinois, and that no
person shall practice naturopathic medicine without a valid
existing license to do so. The General Assembly recognizes that
naturopathic physicians are a distinct health care profession
that affects the public health, safety, and welfare and
increases freedom of choice in health care. This Act shall be
liberally construed to best carry out these subjects and
purposes.
Section 10. Definitions. In this Act:

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"Approved naturopathic medical program" means any of the
following:
(1) a naturopathic medical education program in the
United States accredited by the Council on Naturopathic
Medical Education, or an equivalent federally recognized
accrediting body for the naturopathic medical profession
recognized by the Board, that offers graduate-level
full-time didactic and supervised clinical training
leading to the degree of Doctor of Naturopathy or Doctor of
Naturopathic Medicine and is part of an institution of
higher education that is either accredited or is a
candidate for accreditation by a regional institutional
accrediting agency recognized by the United States
Secretary of Education;
(2) a full-time structured curriculum, having been not
less than 132 weeks in duration, requiring completion
within a period of not less than 35 months, and offered
prior to the existence of the CNME, in basic sciences and
supervised patient care comprising a doctoral naturopathic
medical education offered by a degree-granting college or
university that is reputable and in good standing in the
judgment of the Board; or
(3) a full-time structured curriculum, having been not
less than 132 weeks in duration and requiring completion
within a period of not less than 35 months, in basic
sciences and supervised patient care comprising a doctoral

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naturopathic medical education offered by a degree or
diploma-granting college or university in Canada that is
reputable and in good standing in the judgment of the Board
and has provincial approval for participation in
government funded student aid programs; such course, as a
prerequisite to graduation therefrom.
"Board" means the Board of Naturopathic Medicine appointed
by the Secretary.
"CNME" means the Council on Naturopathic Medical
Education.
"Department" means the Department of Financial and
Professional Regulation.
"Naturopathic formulary" means the list of natural
medicines and nonprescription medicines that naturopathic
physicians use in the practice of the profession. This includes
dietary supplements, herbal products, homeopathic medicines
manufactured according to the Homeopathic Pharmacopoeia of the
United States, and topical agents of natural origin.
"Naturopathic medicine" means a system of primary health
care for the prevention, diagnosis, and treatment of human
health conditions, injury, and disease; the promotion or
restoration of health; and the support and stimulation of a
patient's inherent self-healing processes through patient
education and the use of natural therapies, physical medicine,
and therapeutic substances.
"Naturopathic physician" means a practitioner of

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naturopathic medicine who has been properly licensed for that
purpose by the Department under this Act. "Naturopathic
physician" includes all titles and designations associated
with the practice of naturopathic medicine, including, "doctor
of naturopathic medicine", "doctor of naturopathy",
"naturopathic doctor", "naturopath", "doctor of naturopathic
medicine", "doctor of naturopathy", "naturopathic medical
doctor", "N.D.", "ND", "N.M.D", and "NMD".
"Naturopathic residency" means a post-graduate medical
education program approved by the Council on Naturopathic
Medical Education, a subcommittee thereof, or an equivalent
agency, as recognized by the Board, that provides a structured
curriculum with diagnosis and management of patients under
appropriate levels of supervision for graduates of an approved
naturopathic medical program.
"Secretary" means the Secretary of Financial and
Professional Regulation.
Section 15. Exemption from civil liability. Exemption from
civil liability for emergency care is as provided in the Good
Samaritan Act.
While serving upon any professional utilization committee,
professional review organization, peer review committee,
mediation committee, board of Secretaries considering matters
of peer review, or review committee sanctioned by the
profession, a person shall not be liable for civil damages as a

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result of his or her acts, omissions, or decisions in
connection with his or her duties on such committees or boards,
except in cases involving willful or wanton misconduct.
Section 20. Exceptions.
(a) This Act does not prohibit or restrict any of the
following:
(1) Any person licensed to practice medicine in all of
its branches under the Medical Practice Act of 1987 who
engages in the practice for which he or she is licensed.
(2) The practice of a profession by individuals who are
licensed, certified, or registered under the laws of this
State who are performing services within their authorized
scope of practice.
(3) The practice of naturopathic medicine by an
individual employed by the government of the United States
while the individual is engaged in the performance of
duties prescribed by the laws and regulations of the United
States.
(4) The practice of naturopathic medicine by students
enrolled in an approved naturopathic medical college. The
performance of services shall be pursuant to a course of
instruction or assignments from an instructor and under the
supervision of the instructor, who shall be a naturopathic
physician licensed under this Act or a duly licensed
professional in the instructed field.

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(5) Any person treating himself or herself or his or
her family members based on religious or health beliefs.
(6) Any person who sells vitamins and herbs who
provides information about such products.
(7) Any person or practitioner who recommends any
therapy that is within the scope of practice of
naturopathic physicians and that is within that
individual's legal rights or scope of practice granted by
the existing laws of this State.
(b) This Act shall not be construed to prohibit the
practice of naturopathic medicine by persons who are licensed
to practice naturopathic medicine in any other state or
district in the United States who enter this State to consult
with a naturopathic physician licensed under this Act;
provided, however, that the consultation is limited to
examination, recommendation, or testimony in litigation.
Section 25. Title and designation.
(a) Licensees shall use the title "naturopathic physician"
and the recognized abbreviation "N.D.".
(b) Naturopathic physicians shall have the exclusive right
to use the terms: "naturopathic physician", "naturopathic
doctor", "naturopath", "doctor of naturopathic medicine",
"doctor of naturopathy", "naturopathic medical doctor",
"naturopathic medicine", "naturopathic health care",
"naturopathy", "N.D.", "ND", "N.M.D." and "NMD".

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(c) No person shall represent himself or herself to the
public as a naturopathic physician, a doctor of naturopathic
medicine, a doctor of naturopathy, or as being otherwise
authorized to practice naturopathic medicine in this State
without first obtaining from the Department a license to
practice naturopathic medicine under this Act.
(d) The titles and designations set forth in this Section
identify naturopathic physicians and are restricted to
describing and identifying licensed practitioners.
Section 30. Powers and duties of the Department and the
Secretary.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensing acts and shall exercise such other
powers and duties conferred by this Act.
(b) The Department may adopt rules consistent with the
provisions of this Act, for the administration and enforcement
thereof and may prescribe forms that shall be issued in
connection therewith.
(c) The Department shall adopt the competency-based
national examination approved by the Board as the naturopathic
licensing examination.
(d) The Secretary shall consider the recommendations of the
Board on questions involving standards of professional
conduct, discipline, and qualifications of candidates and

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licensees under this Act.
(e) The Department may, at any time, seek the expert advice
and knowledge of the Board on any matter relating to the
administration or enforcement of this Act. Notice of proposed
rulemaking shall be transmitted to the Board and the Department
shall review the response of the Board and any recommendations
made in response.
(f) The Secretary shall issue licenses, and renewals
thereof, to all persons who meet the qualifications for
licensure as determined by the Board.
(g) The Department shall establish rules for continuing
education as recommended by the Board.
(h) The Secretary shall consult the Board on matters
involving all of the following:
(1) The qualifications of candidates who apply for
licensure to practice naturopathic medicine in Illinois.
(2) The content of any clinical, practical, or
residency requirement.
(3) The content of rules and proposed rules governing
the practice of naturopathic medicine in Illinois.
(4) The investigation of complaints from naturopathic
physicians and the public and the technical aspects of the
complaint.
(5) The requirements for issuance and renewal of
naturopathic medical licenses.

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Section 35. Naturopathic Medical Licensing Board.
(a) There is hereby created the Naturopathic Medical
Licensing Board, which shall consist of 7 members appointed by
the Secretary, 5 of whom shall be licensed naturopathic
physicians who are in good standing in this State, are
residents of this State, and have been engaged in the practice
or instruction of naturopathic medicine for at least 3 years
and 2 of whom shall be residents of this State who are not, and
never have been, licensed health care practitioners and hold no
interest in naturopathic education, naturopathic business, or
naturopathic practice.
(b) The Secretary shall take into consideration
recommendations from the Illinois Association of Naturopathic
Physicians in determining the names of naturopathic physicians
eligible to serve on the Board.
(c) Members shall serve for terms of 4 years and shall
serve until a successor is appointed, except that, for the
purpose of staggering terms, the Secretary shall initially
appoint to the Board 3 members for terms of 4 years each, 2
members for terms of 3 years each, and 2 members for terms of 2
years each.
(d) Appointments to fill vacancies shall be made in the
same manner as original appointments, for the unexpired portion
of the vacated term.
(e) The Secretary may remove any member of the Board for
cause prior to the expiration of the member's term.

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(f) The Board, within 30 days after its appointment, and at
least annually thereafter, shall hold a meeting and elect a
chairperson and vice-chairperson. The Board may hold
additional meetings at the call of the chair or at the written
request of any 2 members of the Board. The Board may appoint
committees as it deems necessary to carry out its duties.
(g) A majority of the Board shall constitute a quorum. A
vacancy in the membership of the Board shall not impair the
right of the quorum to exercise the rights and perform all of
the duties of the Board.
(h) Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
(i) The members of the Board shall each receive as
compensation a reasonable sum as determined by the Secretary
for each day actually engaged in the duties of office and all
legitimate and necessary expenses incurred in attending the
meetings of the Board.
Section 40. Duties of the Board.
(a) The Board may recommend such rules as are necessary to
carry out the purposes of this Act and recommend disciplinary
action as provided for under this Act.
(b) The Board shall determine the qualifications of persons
applying for licensure and define, by rule, the appropriate
scope of naturopathic medicine in this State, provided however,

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that the scope of practice may not exceed that defined in this
Act.
(c) The Board shall review the content of rules and
proposed rules governing the practice of naturopathic medicine
in Illinois.
(d) The Board shall evaluate the content of any clinical,
practical, or residency requirement.
(e) The Board shall establish, by rule, examination
standards, dates, and locations.
(f) The Board shall recommend the minimum amount and type
of continuing education to be required for each naturopathic
physician seeking licensure renewal.
Section 45. Formulary. The naturopathic formulary may not
go beyond the scope of natural medicines, devices covered by
approved naturopathic education and training, and existing
naturopathic formularies or continuing education approved by
the Board.
The naturopathic formulary shall not include medicines and
devices that are inconsistent with the training provided by
approved naturopathic medical programs.
Nothing in this Act shall allow a naturopathic physician to
dispense, administer, or prescribe any legend drug or device as
defined in the Illinois Controlled Substance Act.
Section 55. Qualifications for licensure. Applicants for a

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license to practice naturopathic medicine under this Act must
submit the following to the Board:
(1) an application for licensure designed and approved
by the Department;
(2) an application fee established by the Department;
(3) documentation attesting to the applicant's good,
ethical, and professional reputation;
(4) evidence that the applicant is a graduate of an
approved naturopathic medical program, in accordance with
the requirements of this Act, and that he or she has
successfully passed a competency-based national
naturopathic licensing examination administered by the
North American Board of Naturopathic Examiners or an
equivalent agency, as recognized by the Board; and
(5) in the case of graduates of degree-granting
approved naturopathic medical programs, evidence of
successful passage of a State competency examination
approved by the Board or a Canadian provincial examination.
Section 60. Scope of practice.
(a) A naturopathic physician may order and perform physical
and laboratory examinations consistent with naturopathic
education and training, for diagnostic purposes, including,
but not limited to, phlebotomy, clinical laboratory tests,
orificial examinations, and physiological function tests.
(b) A naturopathic physician may order diagnostic imaging

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studies consistent with naturopathic training.
(c) A naturopathic physician may dispense, administer,
order, and prescribe or perform any of the following:
(1) Food, extracts of food, nutraceuticals, vitamins,
amino acids, minerals, enzymes, botanicals and their
extracts, botanical medicines, homeopathic medicines, all
dietary supplements, and nonprescription drugs, as defined
by the federal Food, Drug, and Cosmetic Act.
(2) Hot or cold hydrotherapy, naturopathic physical
medicine, electromagnetic energy, colon hydrotherapy, and
therapeutic exercise.
(3) Devices, including, but not limited to,
therapeutic devices, barrier contraception, and durable
medical equipment.
(4) Health education and health counseling.
(5) Musculoskeletal manipulation consistent with
naturopathic education and training, not to exceed level 4
high velocity manipulation.
(d) A naturopathic physician may utilize routes of
administration that include oral, nasal, auricular, ocular,
rectal, vaginal, intramuscular, subcutaneous, and transdermal
and are consistent with the education and training of a
naturopathic physician.
Section 65. Prohibitions. A naturopathic physician
licensed under this Act may not do any of the following:

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(1) Prescribe, dispense, or administer any
prescription or controlled substance or device identified
in the federal Controlled Substance Act, as amended.
(2) Perform surgical procedures.
(3) Practice or claim to practice as a medical doctor,
osteopath, dentist, podiatrist, optometrist, psychologist,
advanced practice professional nurse, physician assistant,
chiropractor, physical therapist, acupuncturist, or any
other health care professional not authorized under this
Act, unless licensed to do so.
(4) Use general or spinal anesthetics.
(5) Administer ionizing radioactive substances for
therapeutic purposes.
(6) Perform surgical procedures using a laser device.
(7) Perform surgical procedures involving the eye,
ear, tendons, nerves, veins, or arteries extending beyond
superficial tissue.
(8) Induce or perform abortions.
(9) Treat any lesion suspicious of malignancy or
requiring surgical removal. Lesions suspicious of
malignancy or requiring surgical removal shall be referred
to an appropriately licensed health care professional.
Nothing in this Act shall prohibit treatment of a person
with suspicious or malignant lesions in collaboration with
a physician licensed to practice medicine in all of its
branches.

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(10) Perform acupuncture, unless licensed as an
acupuncturist, as defined in the Acupuncture Practice Act.
Section 70. Licensure without examination. The Department
may issue a license without examination to any applicant who
submits an application for licensure, together with the
appropriate fee, and proof acceptable to the Department of
current licensure in good standing in another state, the
District of Columbia, or a territory of the United States whose
standards for licensure are at least equivalent to those of
this State.
Any applicant seeking a license without examination under
this Section shall provide proof of licensure in good standing
in all states in which he or she is licensed.
Section 75. License expiration; renewal. The expiration
date and renewal period for each license issued under this Act
shall be set by rule. The Department shall adopt rules for
continuing education required for the renewal of licenses.
Section 80. Fees. The fees assessed under this Act shall be
determined by rule. All fees and fines collected under this Act
shall be deposited into the General Professions Dedicated Fund.
All moneys in the Fund shall be used by the Department, as
appropriated, for the ordinary and contingent expenses of the
Department.

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Section 85. Mandated reporting.
(a) The following persons shall report to the Department,
in writing and within 30 days after becoming aware of such
information, any information that the person has reason to
believe indicates that a naturopathic physician is or may be
medically or legally incompetent, engaged in the unauthorized
practice of naturopathic medicine, guilty of unprofessional
conduct, or mentally or physically unable to engage safely in
the practice of naturopathic medicine:
(1) naturopathic physicians licensed under this Act;
(2) licensed health care providers;
(3) employees of licensed health care institutions in
the State;
(4) State agency employees; and
(5) State law enforcement personnel.
(b) A naturopathic physician's voluntary resignation from
the staff of a health care institution, voluntary limitation of
staff privileges, or failure to reapply for hospital privileges
at such an institution, shall be promptly reported to the
Department by the health care institution and the licensee, if
such action occurs while the licensee is under investigation by
the institution or a committee thereof for any reason related
to possible medical incompetence, unprofessional conduct, or
mental or physical impairment.
(c) Upon receiving a credible complaint or report

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concerning a licensee, or on its own motion, the Department may
investigate any evidence of a licensee's medical incompetence,
unprofessional conduct, or inability to engage safely in the
practice of medicine due to mental or physical illness.
(d) Any person, institution, agency, or organization
required to report under this Section who does so in good faith
shall not be subject to civil damages or criminal prosecution
for so reporting.
(e) Within 10 days after receipt of a report mandated under
this Section, the Secretary shall acknowledge receipt of all
reports and any complaint against a licensee submitted to the
Department. Within 10 days thereafter, the Secretary shall
inform any person or entity whose report or complaint has
resulted in action by the Department, of the final disposition
of the matter.
(f) Any person or entity who fails to make a report as
mandated under this Section may be assessed by the Secretary,
in his or her discretion and after consultation with the Board,
a civil penalty. Assessment of a civil penalty pursuant to this
subsection shall be supported by substantial evidence and may
be appealed to the circuit court. On appeal, the circuit court
may receive any relevant evidence supporting or opposing the
assessment and may affirm or reverse the Secretary's decision.
Section 90. Refusal of licensure.
(a) The Department may refuse to issue or renew a license

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on any of the following grounds:
(1) The conviction of a felony, a criminal conviction
record, or a pending criminal charge relating to an
offense, the circumstances of which substantially relate
to the practice of naturopathic medicine.
(2) Impairment related to drugs or alcohol that would
limit an applicant's ability to undertake the practice of
naturopathic medicine in a manner consistent with the
safety of the public.
(3) Mental incompetence that impairs an applicant's
ability to undertake the practice of naturopathic medicine
in a manner consistent with the safety of the public, as
determined by a physician.
(b) The Department shall not reinstate the license of a
naturopathic physician until such time as the Department is
satisfied that such person has complied with all the terms and
conditions set forth in the final order and that such person is
capable of safely engaging in the practice of naturopathic
medicine.
Section 95. Disciplinary action. The following acts
constitute grounds for denial of a license or disciplinary
action:
(1) Attempting to obtain, obtaining, or renewing a
license to practice naturopathic medicine by bribery, or by
fraudulent misrepresentation.

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(2) Having a license to practice naturopathic medicine
revoked, suspended, or otherwise acted against, including
the denial of licensure, by the licensing authority of
another state, territory, or country.
(3) Being convicted or found guilty, regardless of
adjudication, of a crime in any jurisdiction which directly
relates to the practice of naturopathic medicine or to the
ability to practice naturopathic medicine. Any plea of nolo
contendere shall be considered a conviction for purposes of
this Act.
(4) False, deceptive, or misleading advertising.
(5) Advertising, practicing, or attempting to practice
under a name other than one's own.
(6) Aiding, assisting, procuring, or advising any
unlicensed person to practice naturopathic medicine
contrary to this Act or a rule of the Department or the
Board.
(7) Making or filing a report which the licensee knows
to be false, intentionally or negligently failing to file a
report or record required by State or federal law, or
willfully impeding or obstructing such filing or inducing
another person to do so. Such reports or records shall
include only those which are signed in the capacity as a
licensed naturopathic physician.
(8) Paying or receiving any commission, bonus,
kickback, or rebate, or engaging in any split-fee

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arrangement in any form whatsoever with a physician,
organization, agency, or person, either directly or
indirectly, for patients referred to providers of health
care goods and services, including, but not limited to,
hospitals, nursing homes, clinical laboratories,
ambulatory surgical centers, or pharmacies. The provisions
of this paragraph shall not be construed to prevent a
doctor of naturopathic medicine or naturopathic physician
from receiving a fee for professional consultation
services.
(9) Exercising influence within a patient-physician
relationship for the purposes of engaging a patient in
sexual activity. A patient shall be presumed to be
incapable of giving free, full, and informed consent to
sexual activity with her or his naturopathic physician.
(10) Failing to keep written medical records
justifying the course of treatment of the patient,
including, but not limited to, patient histories,
examination results, test results, imaging results, and
records of the prescribing, dispensing, and administering
of drugs.
(11) Gross or repeated malpractice or the failure to
practice naturopathic medicine with that level of care,
skill, and treatment that is recognized by a reasonably
prudent similarly situated naturopathic physician as being
acceptable under similar conditions and circumstances.

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(12) Delegating professional responsibilities to a
person while knowing or having reason to know that the
person is not qualified by training, experience, or
licensure to perform such responsibilities.
(13) Violating any provision of this Act or any rules
adopted pursuant to this Act.
(14) Selling, fraudulently obtaining, or furnishing
any naturopathic diploma, license, record, or registration
or aiding or abetting in the same.
(15) Practicing naturopathic medicine under the cover
of any diploma, license, record, or registration illegally
or fraudulently obtained or secured or issued unlawfully or
upon fraudulent representations.
(16) Advertising the practice of naturopathic medicine
under a name other than one's own or under an assumed name.
(17) Falsely impersonating another practitioner of a
like or different name.
(18) Practicing or advertising the practice of
naturopathic medicine or using in connection with one's own
name any designation tending to imply or to designate a
person as a practitioner of naturopathic medicine without
then being lawfully licensed and authorized to practice
naturopathic medicine in this State.
(19) Practicing naturopathic medicine under a
suspended or revoked license.

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Section 100. Returned checks; fines. Any person who
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial institution
upon which it is drawn shall pay to the Department, in addition
to the amount already owed to the Department, a fine of $50.
The fines imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of
the notification. If, after the expiration of 30 days after the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or deny the application, without hearing.
If, after termination or denial, the person seeks a license, he
or she shall apply to the Department for restoration or
issuance of the license and pay all fees and fines due to the
Department. The Department may establish a fee for the
processing of an application for restoration of a license to
defray all expenses of processing the application. The
Secretary may waive the fines due under this Section in
individual cases where the Secretary finds that the fines would
be unreasonable or unnecessarily burdensome.
Section 105. Injunctions; cease and desist orders.
(a) If any person violates any provision of this Act, the

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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 of 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 bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the Court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) If any person practices as a naturopathic physician or
holds himself or herself out as a naturopathic physician
without being licensed under the provisions of this Act then
any licensed naturopathic physician, any interested party, or
any person injured thereby may, in addition to the Secretary,
petition for relief as provided in subsection (a) of this
Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days after the date of the rule to file an

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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.
Section 110. Violation; penalty. Whoever knowingly
practices or offers to practice naturopathic medicine in this
State without being licensed for that purpose shall be guilty
of a Class A misdemeanor.
Section 115. Investigation; notice; hearing. The
Department may investigate the actions of any applicant or of
any person or persons holding or claiming to hold a license.
Before refusing to issue, refusing to renew, or taking any
disciplinary action regarding a license, the Department shall,
at least 30 days prior to the date set for the hearing, notify
in writing the applicant for, or holder of, a license of the
nature of any charges and that a hearing will be held on a date
designated. The Department shall direct the applicant or
licensee to file a written answer with the Committee under oath
within 20 days after the service of the notice and inform the
applicant or licensee that failure to file an answer shall
result in default being taken against the applicant or licensee
and that the license may be suspended, revoked, or placed on
probationary status, or that other disciplinary action may be
taken, including limiting the scope, nature, or extent of
practice, as the Secretary may deem proper. Written notice may

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be served by personal delivery or certified or registered mail
to the respondent at the address of his or her last
notification to the Department. 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 any
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
Committee shall proceed to hear the charges and the parties or
their counsel shall be accorded ample opportunity to present
such statements, testimony, evidence and argument as may be
pertinent to the charges or to their defense. The Committee may
continue a hearing from time to time.
Section 120. Formal hearing; preservation of record. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case. The notice of
hearing, complaint, and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Committee or hearing
officer, and order of the Department shall be the record of the
proceeding. The Department shall furnish a transcript of the
record to any person interested in the hearing upon payment of

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the fee required under Section 2105-115 of the Department of
Professional Regulation Law.
Section 125. Witnesses; production of documents; contempt.
Any circuit court may, upon application of the Department or
its designee or of the applicant or licensee against whom
proceedings under Section 95 of this Act are pending, enter an
order requiring the attendance of witnesses and their testimony
and the production of documents, papers, files, books, and
records in connection with any hearing or investigation. The
court may compel obedience to its order by proceedings for
contempt.
Section 130. Subpoena; oaths. The Department shall have
power to subpoena and bring before it any person in this State
and to take testimony either orally or by deposition or both
with the same fees and mileage and in the same manner as
prescribed in civil cases in circuit courts of this State.
The Secretary, the designated hearing officer, and every
member of the Committee has power to administer oaths to
witnesses at any hearing that the Department is authorized to
conduct and any other oaths authorized in any Act administered
by the Department. Any circuit court may, upon application of
the Department or its designee or upon application of the
person against whom proceedings under this Act are pending,
enter an order requiring the attendance of witnesses and their

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testimony, and the production of documents, papers, files,
books and records in connection with any hearing or
investigation. The court may compel obedience to its order by
proceedings for contempt.
Section 135. Findings of facts, conclusions of law, and
recommendations. At the conclusion of the hearing the
Committee 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 Committee 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 Committee shall be the basis for the
Department's order. If the Secretary disagrees in any regard
with the report of the Committee, the Secretary may issue an
order in contravention of the report. 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.
Section 140. Hearing officer. The Secretary shall have the
authority to appoint any attorney duly licensed to practice law

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in the State of Illinois to serve as the hearing officer in any
action for Departmental refusal to issue, renew, or license an
applicant, or disciplinary action against a licensee. The
hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her findings
of fact, conclusions of law, and recommendations to the
Committee and the Secretary. The Committee shall have 60
calendar days from receipt of the report to review the report
of the hearing officer and present its findings of fact,
conclusions of law, and recommendations to the Secretary. If
the Committee fails to present its report within the 60
calendar day period, the Secretary may issue an order based on
the report of the hearing officer. If the Secretary disagrees
with the recommendation of the Committee or hearing officer, he
or she may issue an order in contravention of that
recommendation.
Section 145. Service of report; rehearing; order. In any
case involving the discipline of a license, a copy of the
Committee'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 a

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motion, or if a motion for rehearing is denied, then upon the
denial the Secretary may enter an order in accordance with this
Act. If the respondent orders from the reporting service and
pays for a transcript of the record within the time for filing
a motion for rehearing, the 20 calendar day period within which
the motion may be filed shall commence upon the delivery of the
transcript to the respondent.
Section 150. Substantial justice to be done; rehearing.
Whenever the Secretary is satisfied that substantial justice
has not been done in the revocation, suspension, or refusal to
issue or renew a license, the Secretary may order a rehearing
by the same or another hearing officer or by the Committee.
Section 155. Order or certified copy as prima facie proof.
An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary, shall
be prima facie proof:
(a) that the signature is the genuine signature of the
Secretary;
(b) that such Secretary is duly appointed and qualified;
(c) that the Committee and its members are qualified to
act.
Section 160. Restoration of license. At any time after the
suspension or revocation of any license the Department may

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restore the license to the accused person, unless after an
investigation and a hearing the Department determines that
restoration is not in the public interest.
Section 165. Surrender of license. Upon the revocation or
suspension of any license, the licensee shall immediately
surrender the license to the Department. If the licensee fails
to do so, the Department shall have the right to seize the
license.
Section 170. Imminent danger to public; summary
suspension. The Secretary may summarily suspend the license of
a naturopathic physician without a hearing, simultaneously
with the institution of proceedings for a hearing provided for
in this Act, if the Secretary finds that evidence in his or her
possession indicates that continuation in practice would
constitute an imminent danger to the public. In the event that
the Secretary summarily suspends a license without a hearing, a
hearing by the Department must be held within 30 days after the
suspension has occurred.
Section 175. Review under Administrative Review Law. All
final administrative decisions of the Department are subject to
judicial review under the Administrative Review Law and its
rules. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.

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Section 180. The Department shall not be required to
certify any record to the Court or file any answer in court or
otherwise appear in any court in a judicial review proceeding,
unless 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 file a receipt in court shall be grounds
for dismissal of the action.
Section 185. Administrative Procedure Act. The Illinois
Administrative Procedure Act is expressly adopted and
incorporated in this Act as if all of the provisions of that
Act were included in this Act, except that the provision of
paragraph (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, continuation, or renewal of the license, is
specifically excluded. For the purpose of this Act, the notice
required under Section 10-25 of the Administrative Procedure
Act is deemed sufficient when mailed to the last known address
of a party.
Section 190. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to

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other persons or circumstances is not affected.