HB3585 102ND GENERAL ASSEMBLY

LRB102 10930 SPS 16262 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3585

Introduced 2/22/2021, by Rep. Jonathan Carroll

SYNOPSIS AS INTRODUCED:

See Index

Amends the Dietitian Nutritionist Practice Act. Provides for the licensure of nutritionists. Makes changes in provisions concerning unlicensed practice; other activities subject to licensure; exemptions; the Dietitian Nutritionist Practice Board; dietitian nutritionists; inactive status; reciprocity; use of titles and advertising; grounds for discipline; and injunctions and cease and desist orders. Provides that the Department of Financial and Professional Regulation may require that applicants have their fingerprints submitted to the Department of State Police. Defines terms. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Dietitian Nutritionist Practice Act to January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 4.33 and by adding 4.41 as follows:

(5 ILCS 80/4.33)

Sec. 4.33. Acts repealed on January 1, 2023. The following Acts are repealed on January 1, 2023:

The Dietitian Nutritionist Practice Act.

The Elevator Safety and Regulation Act.

The Fire Equipment Distributor and Employee Regulation Act of 2011.

The Funeral Directors and Embalmers Licensing Code.

The Naprapathic Practice Act.

The Pharmacy Practice Act.

The Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.

The Wholesale Drug Distribution Licensing Act.

(Source: P.A. 101-621, eff. 12-20-19.)

(5 ILCS 80/4.41 new)

Sec. 4.41. Act repealed on January 1, 2032. The following Act is repealed on January 1, 2032:

The Dietitian Nutritionist Practice Act.

Section 10. The Dietitian Nutritionist Practice Act is amended by changing Sections 5, 10, 15, 15.5, 17, 20, 30, 45, 70, 75, 80, 95 and 100 and by adding Sections 38 and 46 as follows:

(225 ILCS 30/5) (from Ch. 111, par. 8401-5)

(Section scheduled to be repealed on January 1, 2023)

Sec. 5. Purpose. The practice of dietetics and nutrition, including the provision of medical nutrition therapy, services in the State of Illinois is hereby 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 that the practice of dietetics and nutrition services plays an important part in the attainment and maintenance of health and that it is in the public's best interest that persons who present themselves as providers of nutrition care services in these areas meet specific requirements and qualifications. This Act shall be liberally construed to best carry out these objectives and purposes.

(Source: P.A. 87-784.)

(225 ILCS 30/10) (from Ch. 111, par. 8401-10)

(Section scheduled to be repealed on January 1, 2023)

Sec. 10. Definitions. As used in this Act:

"Accreditation Council for Education in Nutrition and Dietetics" means the autonomous accrediting agency for education programs that prepares students to begin careers as registered dietitian nutritionists or nutrition and dietetics technicians, registered.

"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. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department.

"Board" means the Dietitian Nutritionist Practice Board appointed by the Secretary.

"Board for Certification of Nutrition Specialists" means the certifying board that credentials certified nutrition specialists.

"Certified clinical nutritionist" means an individual certified by the Clinical Nutrition Certification Board.

"Certified nutrition specialist" means an individual certified by the Board for Certification of Board for Nutrition Specialists that authorizes the individual to use the title "certified nutrition specialist" and the abbreviation "C.N.S.".

"Commission on Dietetic Registration" means the credentialing agency for the Academy of Nutrition and Dietetics.

"Department" means the Department of Financial and Professional Regulation.

"Dietetics and nutrition services" means the integration, and application, and communication of practice principles derived from the sciences of food, and nutrition, social, business, and basic sciences to achieve and maintain the optimal provide for all aspects of nutrition status of care for individuals and groups. , including, but not limited to:

(1) nutrition counseling; "nutrition counseling" means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment;

(2) nutrition assessment; "nutrition assessment" means the evaluation of the nutrition needs of individuals or groups using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations;

(3) medically prescribed diet; "medically prescribed diet" is one form of medical nutrition therapy and means a diet prescribed when specific food or nutrient levels need to be monitored, altered, or both as a component of a treatment program for an individual whose health status is impaired or at risk due to disease, injury, or surgery and may only be performed as initiated by or in consultation with a physician licensed under the Medical Practice Act of 1987 acting within the scope of his or her practice, except that a medically prescribed diet for a resident of a nursing home shall only be performed as initiated by or in consultation with a physician licensed to practice medicine in all of its branches;

(4) medical nutrition therapy; "medical nutrition therapy" means the component of nutrition care that deals with the systematic use of food and oral supplementation, based on the nutrition assessment and individual health status and need to manage health conditions;

(5) nutrition services for individuals and groups; "nutrition services for individuals and groups" includes, but is not limited to, all of the following:

(A) providing nutrition assessments relative to preventive maintenance or restorative care;

(B) providing nutrition education and nutrition counseling as components of preventive maintenance or restorative care; and

(C) developing and managing systems whose chief function is nutrition care; nutrition services for individuals and groups does not include medical nutrition therapy as defined in this Act; and

(6) restorative; "restorative" means the component of nutrition care that deals with oral dietary needs for individuals and groups; activities shall relate to the metabolism of food and the requirements for nutrients, including dietary supplements for growth, development, maintenance, or attainment of optimal health.

"Dietitian" or "Dietitian nutritionist" means a person licensed as a licensed dietitian nutritionist pursuant to Section 45 who may be referred to as a nutritionist, a dietitian nutritionist, or a dietitian and is authorized to hold himself or herself out as such.

"Diplomate of the American Clinical Board of Nutrition" means an individual credentialed certified by the American Clinical Board of Nutrition who is authorized to use the title "Diplomate of the American Clinical Board of Nutrition" and the abbreviation "DACBN".

"General non-medical nutrition information" may include information on any of the following:

(1) principles of good nutrition and food preparation;

(2) essential nutrients needed by the human body;

(3) actions of nutrients in the human body;

(4) effects of deficiencies or excesses of nutrients in the human body;

(5) foods, herbs, and dietary supplements that are good sources of essential nutrients in the human body; or

(6) principles of self-care and healthy relationships with food.

"General supervision" means the qualified supervisor is onsite and present where nutrition care services are provided, or is immediately available by means of electronic communications to the supervisee providing the services, and maintains continual involvement in the appropriate aspects of patient care and has primary responsibility for all nutrition care services rendered by the supervisee.

"Independent private practice of medical nutrition therapy" means the application of dietetics and nutrition knowledge and skills by a licensed dietitian nutritionist or licensed nutritionist who regulates and is responsible for her or his own practice or treatment procedures.

"Licensed dietitian nutritionist" means a person who holds a license pursuant to Section 45 of licensed under this Act to practice dietetics and nutrition services, including the provision of medical nutrition therapy, as defined in this Section. Activities of a licensed dietitian nutritionist do not include the medical differential diagnosis of the health status of an individual.

"Licensed nutritionist" means a person who holds a license pursuant to Section 46 authorizing the practice of dietetics and nutrition, including the provision of medical nutrition therapy, as defined in this Section. Activities of a "licensed nutritionist" do not include the medical differential diagnosis of the health status of an individual.

"Medical nutrition therapy" means nutrition care services provided for the treatment or management of a disease or medical condition. The term includes the provision of any part or all of the following services:

(1) interpreting anthropometric, biochemical, clinical, and dietary data in acute and chronic disease states and recommending or ordering nutrient needs based on the dietary data, including, but not limited to, tube feedings and parenteral nutrition;

(2) food and nutrition counseling, including counseling regarding prescription drug interactions.

(3) developing and managing food service operations with functions in nutrition care, including operations connected with healthcare facilities; implicated in the ordering, preparation, or serving of therapeutic diets; or otherwise utilized in the management or treatment of diseases or medical conditions; and

(4) medical weight control.

"Medical weight control" means medical nutrition therapy for the purpose of reducing, maintaining, or gaining weight.

"Nutrition" means the science of food and nutrients, including the action, interaction, and balance of food and nutrients in relation to health and disease and the process by which humans ingest, absorb, transport, utilize and excrete food substances.

"Nutrition assessment" means the systematic process of obtaining, verifying, and interpreting biochemical, anthropometric, physical, nutrigenomic, and dietary data in order to make decisions about the nature and cause of nutrition-related problems. "Nutrition assessment" includes an ongoing, dynamic process that:

(1) involves an initial data collection and a reassessment and analysis of client or community needs; and

(2) provides the foundation for nutrition diagnosis and nutritional recommendations, including enteral and parenteral nutrition.

"Nutrition care services" means any part of all of the following services provided within a systematic process:

(1) assessing and evaluating the nutritional needs of individuals and groups and determining resources and constraints in the practice setting;

(2) ordering medical laboratory tests in accordance with State law to check and track nutrition status and monitor effectiveness of nutrition interventions, dietary plans, and orders;

(3) establishing priorities, goals, and objectives that meet an individual's nutritional needs and are consistent with available resources and constraints;

(4) providing nutrition counseling in health and disease;

(5) developing, implementing, and managing nutrition care systems and food service operations;

(6) evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services; and

(7) recommending, ordering, and providing therapeutic diets.

"Nutrition counseling" means a supportive process, characterized by a collaborative counselor-patient or counselor-client relationship with individuals or groups, to establish food and nutrition priorities, goals, and individualized action plans and general physical activity guidance that acknowledge and foster responsibility for self-care to treat an existing condition or promote health.

"Nutrition diagnosis" means identifying and labeling nutritional problems that are managed and treated by a dietitian nutritionist or nutritionist. "Nutrition diagnosis" does not include the medical differential diagnosis of the health of an individual.

"Nutrition intervention" means the purposefully planned actions and counseling intended to positively change a nutrition-related behavior, risk factor, environmental condition, or aspect of the health status for an individual, target groups, or the community at large.

"Nutritionist" means an individual licensed under this Act as either a licensed dietitian nutritionist or a licensed nutritionist.

"Nutrition monitoring and evaluation" means identifying patient or client outcomes relevant to a nutrition diagnosis and comparing the outcomes with the patient's or client's previous health status, intervention goals, or reference standards to determine the progress made in achieving desired outcomes of nutrition care and whether planned nutrition interventions should be continued or revised.

"Onsite supervision" means the qualified supervisor is onsite and present in the department or facility where nutrition care services are provided, is immediately available to the supervisee providing the services, and both maintains continual involvement in the appropriate aspects of patient care and has primary responsibility for all nutrition care services rendered by the supervisee.

"Practice experience" means a preprofessional, documented, supervised experience obtained by a supervisee in the practice of in dietetics and or nutrition and the provision of medical nutrition therapy services that is acceptable to the Department as in compliance with requirements for licensure, as specified in Section 45 or Section 46. It may be or may include a documented, supervised practice experience obtained under the supervision of a qualified supervisor, as defined in this Section, which is a component of the educational requirements for licensure either as a licensed dietitian nutritionist, as specified in Section 45, or for licensure as a licensed nutritionist, as specified in Section 46. An applicant's supervised practice experience must be successfully completed within a time period of no more than 5 years after the applicant's completion of the educational requirements for licensure..

"Practice of dietetics and nutrition" means the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, food management, and behavioral and social sciences in achieving and maintaining patients' and clients' health throughout their life spans and in providing nutrition care services in-person and via telehealth in both clinical and community settings. The primary functions of the "practice of dietetics and nutrition" are medical nutrition therapy provided for the purpose of disease management or to treat or rehabilitate an illness, injury, or condition and other nutrition care services provided for health and wellness and as primary prevention of chronic disease.

"Qualified supervisor" means:

(1) when supervising the provision of medical nutrition therapy by a supervisee, an individual who is:

(A) a registered dietitian nutritionist or a certified nutrition specialist;

(B) a licensed dietitian nutritionist or a licensed nutritionist; or

(C) a health care provider licensed under the laws of any U.S. state or territory, including licensed or certified dietitian nutritionists and licensed nutritionists, whose licensed scope of practice includes the provision of nutrition care services for the treatment or management of a disease or medical condition.

(2) when supervising the provision of nutrition care services not constituting medical nutrition therapy by a supervisee, an individual who either meets the requirements of paragraph (1) or all of the following requirements:

(A) has been regularly employed or self-employed in the field of clinical nutrition for at least 3 of the last 5 years immediately preceding commencement of the applicant's supervised practice experience; and

(B) holds a doctoral degree with a major course of study in dietetics, human nutrition, foods and nutrition, community nutrition, public health nutrition, naturopathic medicine, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and integrative health, or an equivalent course of study as recommended by the Board and approved by the Department conferred by either:

(i) a U.S. regionally accredited college or university accredited at the time of graduation from the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education; or

(ii) an institution outside the United States and its territories with the supervisor's doctoral degree validated as equivalent to the doctoral degree conferred by a U.S. regionally accredited college or university as recommended by the Board and approved by the Department.

A "qualified supervisor" under paragraph (1) shall be licensed in this State if supervising an applicant providing medical nutrition therapy to an individual in this State.

"Registered dietitian" or "registered dietitian nutritionist" means an individual who is registered as a dietitian or dietitian nutritionist credentialed by with the Commission on Dietetic Registration that authorizes the individual to use the titles "registered dietitian nutritionist" and "registered dietitian" and the abbreviations "RDN" and "RD" , the accrediting body of the Academy of Nutrition and Dietetics, formerly known as the American Dietetic Association.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Telehealth" or "telepractice" "Telepractice" means the delivery of services under this Act by using electronic communication, information technologies, or other means between a licensee in one location and a patient in another location, with or without an intervening healthcare provider. "Telehealth" or "telepractice" includes direct, interactive patient encounters; asynchronous store-and-forward technologies; and remote monitoring means other than in-person, including, but not limited to, telephone, email, Internet, or other methods of electronic communication. Telepractice is not prohibited under this Act provided that the provision of telepractice services is appropriate for the client and the level of care provided meets the required level of care for that client. Individuals providing services regulated by this Act via telepractice shall comply with and are subject to all licensing and disciplinary provisions of this Act.

"Therapeutic diet" means a nutrition intervention prescribed by a physician or other authorized non-physician practitioner that provides food or nutrients via oral, enteral, and parenteral routes as part of treatment of disease or clinical conditions to modify, eliminate, decrease, or increase identified micro-nutrients and macro-nutrients in the diet.

(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13.)

(225 ILCS 30/15) (from Ch. 111, par. 8401-15)

(Section scheduled to be repealed on January 1, 2023)

Sec. 15. License required.

(a) No person may provide, offer to provide, or attempt to provide medical nutrition therapy, whether engage for remuneration or not, in the practice of dietetics and nutrition services or hold himself or herself out as a licensed dietitian nutritionist or a licensed nutritionist or as a qualified provider of nutrition care services, including medical nutrition therapy, unless the person is licensed in accordance with this Act.

(b) This Section does not prohibit the provision of medical nutrition therapy practice of dietetics and nutrition services by a the following: (1) A person that is licensed to practice dietetics and nutrition, including medical nutrition therapy, under the law of another state, territory of the United States, or country and has applied in writing to the Department in form and substance satisfactory to the Department for a license as a licensed dietitian nutritionist or licensed nutritionist under this Act until (i) the expiration of 6 months after filing the written application, (ii) the withdrawal of the application, or (iii) the denial of the application by the Department.

(2) A person that is licensed to practice dietetics under the law of another state, territory of the United States, or country, or is a certified nutrition specialist, a certified clinical nutritionist, a diplomate of the American Clinical Board of Nutrition, or a registered dietitian, who has applied in writing to the Department in form and substance satisfactory to the Department for a license as a dietitian nutritionist until (i) the expiration of 6 months after the filing the written application, (ii) the withdrawal of the application, or (iii) the denial of the application by the Department.

(Source: P.A. 97-1141, eff. 12-28-12.)

(225 ILCS 30/15.5)

(Section scheduled to be repealed on January 1, 2023)

Sec. 15.5. Unlicensed practice; violation; civil penalty.

(a) Any person who provides practices, offers to provide practice, attempts to provide practice, or holds oneself out as qualified, licensed, or being able to provide medical nutrition therapy or holds oneself out as licensed or qualified to practice dietetics and nutrition dietetics and nutrition services without being licensed under this Act shall, in addition to any other penalty provided by law, pay a 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. 97-1141, eff. 12-28-12.)

(225 ILCS 30/17)

Sec. 17. Other activities subject to licensure under this Act.

(a) A licensed dietitian nutritionist or licensed nutritionist may order patient or resident diets, including therapeutic diets, in accordance with the following:

(1) Enteral and parenteral nutrition therapy shall consist of enteral feedings or specialized intravenous solutions as part of a therapeutic diet and shall only be ordered or performed by an individual licensed under this Act who:

(A) (a) is a registered dietitian or registered dietitian nutritionist currently registered with the Commission on Dietetic Registration, the accrediting body of the Academy of Nutrition and Dietetics, formerly known as the American Dietetic Association;

(B) (b) is a certified nutrition support clinician currently credentialed as such certified by the National Board of Nutrition Support Certification; or

(C) (c) meets the requirements set forth in the rules of the Department it may establish as necessary to implement this Section to be consistent with competencies necessary for evaluating, ordering, and administrating enteral and parenteral nutrition therapies.

(2) Developing and managing food service operations whose chief function is nutrition care or that are otherwise utilized in the management or treatment of diseases or medical conditions shall only be performed by an individual licensed under this Act with competencies in the management of health care food service.

(3) Oral therapeutic diets may be ordered by either a licensed dietitian nutritionist or licensed nutritionist.

(4) Licensed dietitian nutritionists and licensed nutritionists shall provide nutrition care services using systematic, evidence-based problem-solving methods of the nutrition care process. Individuals licensed under this Act shall employ these methods to critically think and make decisions to address nutrition-related problems and to provide safe, effective, medical nutrition therapy and other quality nutrition care services to patients, residents, and clients in clinical and community settings across the continuum of care.

(5) A licensed dietitian nutritionist or licensed nutritionist may implement prescription drug dose adjustments for specific disease treatment protocols within the limits of their knowledge, skills, judgment, and current evidence-informed clinical practice guidelines as indicated in a facility approved protocol and as approved and delegated by the licensed prescriber. The provisions of this Section do not authorize licensees to prescribe or initiate drug treatment. Licensed registered dietitians and licensed nutritionists may be authorized to prescribe vitamin and mineral supplements or discontinue unnecessary vitamins and minerals.

(b) Nothing in this Section shall be construed to limit the ability of any other licensed health care provider in this State to order therapeutic diets if the ordering of therapeutic diets falls within the scope of his or her license.

(Source: P.A. 98-148, eff. 8-2-13.)

(225 ILCS 30/20) (from Ch. 111, par. 8401-20)

(Section scheduled to be repealed on January 1, 2023)

Sec. 20. Exemptions. This Act does not prohibit or restrict:

(a) Any person licensed in this State under any other Act from engaging in the practice for which he or she is licensed as long as the person does not hold himself or herself out as qualified, able, or licensed to provide medical nutrition therapy or use a title in connection with his or her name whose use is restricted to individuals licensed under this Act, as specified in Section 80.

(b) Any person from providing medical nutrition therapy if that The practice of dietetics and nutrition services by a person who is employed by the United States or State government or any of its bureaus, divisions, or agencies, or departments while in the discharge of the employee's official duties.

(c) The distribution of general non-medical nutrition information The practice of dietetics and nutrition services by a person employed as a cooperative extension home economist, to the extent the activities are part of his or her employment.

(d) The provision of medical nutrition therapy practice of dietetics and nutrition services by a person pursuing a course of study leading to a degree in dietetics, nutrition, or an equivalent major from a U.S. regionally accredited school or program, if (i) the activities and services constitute a part of a supervised course of study, (ii) the activities and services are not conducted in an independent private practice of medical nutrition therapy, (iii) the activities and services are supervised by a qualified supervisor, and (iv) if the person is designated by a title that clearly indicates the person's status as a student or trainee.

(e) The activities and services of individuals seeking to fulfill post-degree practice experience requirements in order to qualify for licensing as a licensed dietitian nutritionist or licensed nutritionist under this Act, so long as the individual is not engaged in the independent private practice of medical nutrition therapy and is in compliance with all applicable regulations regarding supervision, including, but not limited to, the requirement that the supervised practice experience must be under the order, control, and full professional responsibility of their supervisor. The Department may, by rule, adopt further limitations on individuals practicing under this subsection (e) practice of dietetics and nutrition services by a person fulfilling the supervised practice experience component of Section 45, if the activities and services constitute a part of the experience necessary to meet the requirements of Section 45.

(f) A person, including a licensed acupuncturist, from:

(1) providing oral nutrition information as an operator or employee of a health food store or business that sells health products, including dietary supplements, food, herbs, or food materials; or

(2) disseminating written nutrition information in connection with the marketing and distribution of those products, or discussing the use of those products, both individually and as components of nutritional programs, including explanations of their federally regulated label claims, any known drug-nutrient interactions, their role in various diets, or suggestions as how to best use and combine them.

(g) The practice of dietetics and nutrition services by an educator who is in the employ of a nonprofit organization; a federal, state, county, or municipal agency, or other political subdivision; an elementary or secondary school; or a regionally accredited institution of higher education, as long as the activities and services of the educator are part of his or her employment.

(h) An individual providing medical weight control services for individuals with prediabetes or obesity if:

(1) under a program of instruction approved in writing by one of the following: a dietitian nutritionist or nutritionist licensed in this State; a dietitian nutritionist or nutritionist certified or licensed by another state that has licensure requirements considered by the Department to be at least as stringent as the requirements for licensure under this Act; a registered dietitian nutritionist; or a certified nutrition specialist; or

(2) as part of a plan of care overseen by a State-licensed health care practitioner acting within the scope of the individual's licensed profession and consistent with accepted professional standards for providing nutrition care services, to treat or manage the disease or medical condition. The practice of dietetics and nutrition services by any person who provides weight control services, provided the nutrition program has been reviewed by, consultation is available from, and no program change can be initiated without prior approval by an individual licensed under this Act, an individual licensed to practice dietetics or nutrition services in another state that has licensure requirements considered by the Department to be at least as stringent as the requirements for licensure under this Act, or a registered dietitian.

(i) The practice of dietetics and nutrition services by any person with a masters or doctorate degree with a major in nutrition or equivalent from a regionally accredited school recognized by the Department for the purpose of education and research.

(j) Any person from providing nutrition information, nutrition recommendations, health coaching, holistic and wellness education, guidance, motivation, behavior change management, weight control, or other nutrition care services if it does not constitute medical nutrition therapy and as long as the person does not hold himself or herself out as qualified, able, or licensed to provide medical nutrition therapy or use a title in connection with his or her name whose use is restricted to individuals licensed under this Act, as specified in Section 80 A person from providing general nutrition information or encouragement of general healthy eating choices that does not include the development of a customized nutrition regimen for a particular client or individual, or from providing encouragement for compliance with a customized nutrition plan prepared by a licensed dietitian nutritionist or any other licensed professional whose scope of practice includes nutrition assessment and counseling.

(k) The provision of nutrition care services by a nutrition and dietetic technician, registered or practice of dietetics and nutrition services by a graduate of a 2 year associate program or a 4 year baccalaureate program from a school or program accredited at the time of graduation by the appropriate accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education with a major course of study in human nutrition, food and nutrition or its equivalent, as authorized by the Department, who is directly supervised by an individual licensed under this Act.

(l) Providing nutrition information as an employee of a nursing facility operated exclusively by and for those relying upon spiritual means through prayer alone for healing in accordance with the tenets and practices of a recognized church or religious denomination.

(m) A dietary technical support person working in a hospital setting or a regulated Department of Public Health or Department on Aging facility or program who has been trained and is supervised while engaged in the practice of dietetics and nutrition by a licensed dietitian nutritionist in accordance with this Act and whose services are retained by that facility or program on a full-time or regular, ongoing consultant basis.

(n) The provision of nutrition care services without remuneration to family members.

Nothing in this Section shall be construed to permit students, trainees, or supervisees to offer their services as dietitians or nutritionists to any other person, other than as specifically excepted in this Section, unless they have been licensed under this Act.

The provisions of this Act shall not be construed to prohibit or limit any person from the free dissemination of information, from conducting a class or seminar, or from giving a speech related to nutrition if that person does not hold himself or herself out as a licensed dietitian nutritionist in a manner prohibited by Section 15.

The provisions of this Act shall not be construed to prohibit or limit any physician licensed under the Medical Practice Act of 1987 to practice medicine in all its branches or from delegating nutrition-related therapies and procedures by consultation, by organization policy, or by contract to an appropriately trained, qualified, and supervised individual licensed under this Act.

(Source: P.A. 97-1141, eff. 12-28-12.)

(225 ILCS 30/30) (from Ch. 111, par. 8401-30)

(Section scheduled to be repealed on January 1, 2023)

Sec. 30. Dietitian Nutritionist Practice Board. The Secretary shall appoint a Dietitian Nutritionist Practice Board as follows: 7 individuals who shall be appointed by and shall serve in an advisory capacity to the Secretary. Of these 7 individuals, 6 members must be licensed under this Act, 2 of which must be a registered dietitian and 2 of which must be either a certified clinical nutritionist, a certified nutrition specialist, or a diplomate of the American Clinical Board of Nutrition, and one member must be a public member not licensed under this Act.

Members shall serve 3-year terms and until their successors are appointed and qualified. No member 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 years. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term.

Insofar as possible, the licensed professionals appointed to serve on the Board shall be generally representative of the geographical distribution of licensed professionals within this State. Any time there is a vacancy on the Board, any professional association composed of persons licensed under this Act may recommend licensees to fill the vacancy to the Board for the appointment of licensees.

A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights 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 members of the Board.

The Secretary shall have the authority to remove or suspend any member of the Board for cause at any time before the expiration of his or her term. The Secretary shall be the sole arbiter of cause.

The Secretary shall consider the recommendation of the Board on questions of standards of professional conduct, discipline, and qualifications of candidates or licensees under this Act.

(Source: P.A. 97-1141, eff. 12-28-12.)

(225 ILCS 30/38 new)

Sec. 38. Criminal history records background check. The Department may require that each applicant for licensure by examination or restoration have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. If so required, these fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the required criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this Section.

(225 ILCS 30/45) (from Ch. 111, par. 8401-45)

(Section scheduled to be repealed on January 1, 2023)

Sec. 45. Dietitian nutritionist; qualifications. A person shall be qualified for licensure as a dietitian nutritionist if that person meets all of the following requirements in subsection (a) or (b) as follows:

(a) Has applied in writing in form and substance acceptable to the Department and submits proof of completion of all of the following educational, supervised practice experience, and examination requirements:

(1) Possesses possesses a baccalaureate degree or post baccalaureate degree with a major course of study in human nutrition, foods and nutrition, dietetics, food systems management, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and integrative health, or an equivalent major course of study that meets the competency requirements of an academic program in dietetics accredited by the Accreditation Council for Education in Nutrition and Dietetics as recommended by the Board and approved by the Department from:

(A) a school or program accredited at the time of graduation from the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education; or .

(B) a college or university in a foreign country validated as equivalent as recommended by the Board and approved by the Department.

(2) (b) Has successfully completed an examination authorized by the Department which may be or may include examinations given by each of the American Clinical Board of Nutrition, the Certification Board of Nutrition Specialists, the Clinical Nutrition Certification Board, and the Registration Examination for Dietitian Nutritionists administered by the Commission on Dietetic Registration, or another examination approved by the Department.

The Department shall establish by rule a waiver of the examination requirement to applicants who, at the time of application, are acknowledged to be certified clinical nutritionists by the Clinical Nutrition Certification Board, certified nutrition specialists by the Certification Board of Nutrition Specialists, diplomates of the American Clinical Board of Nutrition, or registered dietitians by the Commission on Dietetic Registration and who are in compliance with other qualifications as included in the Act.

(3) Has successfully completed a planned clinical program in the practice of dietetics and nutrition and the provision of medical nutrition therapy that meets the competency requirements of a supervised practice accredited by the Accreditation Council for Education in Nutrition and Dietetics as recommended by the Board and approved by the Department. A planned clinical program under this paragraph (3) shall include no fewer than 1,000 hours under the supervision of either of the following:

(A) A dietitian nutritionist licensed by this State or registered, certified, or licensed under the laws of any other state with licensure requirements considered by the Department to be at least as stringent as the requirements for licensure under this Act.

(B) A dietitian nutritionist registered with the Commission on Dietetic Registration. (c) Has completed a dietetic internship or documented, supervised practice experience in dietetics and nutrition services of not less than 900 hours under the supervision of a certified clinical nutritionist, certified nutrition specialist, diplomate of the American Clinical Board of Nutrition, registered dietitian or a licensed dietitian nutritionist, a State licensed healthcare practitioner, or an individual with a doctoral degree conferred by a U.S. regionally accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, food systems management, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, or nutrition and integrative health.

Supervised practice experience must be completed in the United States or its territories. Supervisors who obtained their doctoral degree outside the United States and its territories must have their degrees validated as equivalent to the doctoral degree conferred by a U.S. regionally accredited college or university.

(b) Has applied in writing in form and substance acceptable to the Department and provides evidence of current and valid registration as a registered dietitian or registered dietitian nutritionist with the Commission on Dietetic Registration.

(Source: P.A. 97-1141, eff. 12-28-12.)

(225 ILCS 30/46 new)

Sec. 46. Nutritionist; qualifications. A person is qualified for licensure as a nutritionist if that person meets all of the following requirements:

(1) Has applied in writing in a form and substance acceptable to the Department and submitted proof that the applicant has received a master's degree or doctoral degree from a school or program accredited at the time of graduation from the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education or has received an academic degree from a college or university in a foreign country validated as equivalent, with all of the following:

(A) A major course of study in human nutrition, food and nutrition, community nutrition, public health nutrition, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and integrative health, or an equivalent major course of study as recommended by the Board and approved by the Department, or the validated foreign equivalent in a field of clinical health care.

(B) A course of study leading to competence in medical nutrition therapy, including, but not limited to, the completion of all of the following:

(i) Fifteen semester hours of clinical or life sciences coursework with at least 3 semester hours in human anatomy and physiology or the equivalent as recommended by the Board and approved by the Department.

(ii) Fifteen semester hours of nutrition and metabolism coursework with at least 6 semester hours in biochemistry or an equivalent as as recommended by the Board and approved by the Department.

(2) Has completed a Board-approved internship or Board-approved documented, supervised practice experience demonstrating competency in nutrition care services and the provision of medical nutrition therapy for not fewer than 1,000 hours involving no less than 200 hours each of:

(A) Nutrition assessment.

(B) Nutrition intervention, education, counseling, or management.

(C) Nutrition monitoring or evaluation.

A minimum of 700 hours of the supervised practice experience is required in professional work settings and no more than 300 hours can be in alternate supervised experiences, such as observational client-practitioner interactions, simulation, case studies, and role playing. This experience shall be under the supervision of a qualified supervisor with the requisite education, training, and license or certification required pursuant to Section 10. Qualified supervisors must provide onsite supervision of an applicant's supervised practice experience in the provision of medical nutrition therapy and provide general supervision of an applicant's provision of other nutrition care services that do not constitute medical nutrition therapy. Supervised practice experience must be completed in the United States or its territories. A supervisor who obtained his or her doctoral degree outside the United States and its territories must have his or her degrees validated as equivalent to the doctoral degree conferred by a U.S. regionally accredited college or university.

(3) Meets either of the following criteria:

(A) Has successfully passed the Certification Examination for Nutrition Specialists administered by the Board for Certification of Nutrition Specialists or the Diplomate of the American Clinical Board of Nutrition examination administered by the American Clinical Board of Nutrition.

(B) Holds a valid current certification with the Board for Certification of Nutrition Specialists that authorizes the applicant to use the title "certified nutrition specialist" or the abbreviation "C.N.S." or a valid current certification with the American Clinical Board of Nutrition that authorizes the applicant to use the title "diplomate, American Clinical Board of Nutrition" or the abbreviation "D.A.C.B.N."

(225 ILCS 30/70) (from Ch. 111, par. 8401-70)

(Section scheduled to be repealed on January 1, 2023)

Sec. 70. Inactive status; restoration; military service.

(a) Any person who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of the desires to resume active status.

(b) A licensee 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 making application to the Department by filing proof acceptable to the Department of his or her fitness to have the license restored and by paying the required fees. Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction. If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, then the Department shall determine, by an evaluation program established by rule, his or her fitness for restoration of the license and shall establish procedures and requirements for restoration.

(c) A licensee 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 before induction into the military service, may have the license restored without paying any lapsed renewal fees if within 2 years after honorable termination of the service, training, or education he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.

(d) Any person requesting restoration from inactive status shall be required to pay the current renewal fee, shall meet continuing education requirements, and shall be required to restore his or her license as provided in Section 65 of this Act.

(e) A person licensed under this Act whose license is on inactive status or in a non-renewed status shall not provide medical nutrition therapy engage in the practice of dietetics or nutrition services in the State of Illinois or use the title or advertise that he or she performs the services of a licensed dietitian nutritionist or licensed nutritionist.

(f) Any person violating this Section shall be considered to be practicing without a license and will be subject to the disciplinary provisions of this Act.

(g) A member of the United States Armed Forces or the member's spouse who is registered, certified, or licensed as a dietitian nutritionist or nutritionist in another state with registration, certification, or licensure requirements substantially equivalent to the licensure requirements under this Act may be licensed as a dietitian nutritionist or a nutritionist, respectively, in this State by providing a proof of licensure in good standing in the other state in accordance with rules adopted by the Board. A member or the member's spouse who qualifies for licensure as a dietitian nutritionist or a nutritionist under this subsection is exempt from paying the initial licensure application fee. If a member or the member's spouse does not qualify for licensure as a dietitian nutritionist or a nutritionist under this subsection, the member or the member's spouse shall apply for licensure as specified under this Act and is exempt from paying the initial licensure application fee.

(Source: P.A. 97-1141, eff. 12-28-12.)

(225 ILCS 30/75) (from Ch. 111, par. 8401-75)

(Section scheduled to be repealed on January 1, 2023)

Sec. 75. Reciprocity Endorsement.

(a) The Department may license as a dietitian nutritionist, without examination, on payment of required fee, an applicant who is a dietitian, dietitian nutritionist, or nutritionist, or nutrition counselor licensed or certified under the laws of another state, territory, or country, if Department determines that the requirements for licensure were, at the date of his or her licensure, considered at least as stringent as the requirements for licensure as a dietitian nutritionist under this Act in the state, territory, or country in which the applicant was licensed were, at the date of his or her licensure, substantially equal to the requirements of this Act.

(b) The Department may license as a nutritionist, without examination, on payment of required fee, an applicant who is a dietitian, dietitian nutritionist, or nutritionist licensed or certified under the laws of another state, territory, or country, if the requirements for licensure were, at the date of his or her licensure, considered by the Department to be at least as stringent as the requirements for licensure as a nutritionist under this Act.

(Source: P.A. 92-642, eff. 10-31-03.)

(225 ILCS 30/80) (from Ch. 111, par. 8401-80)

(Section scheduled to be repealed on January 1, 2023)

Sec. 80. Use of title; advertising.

(a) Only a person who is issued a license as a dietitian nutritionist under this Act may use the words "licensed dietitian nutritionist", "dietitian nutritionist", or "dietitian", "licensed nutritionist", or "nutrition counselor" or the letters "L.D.N." in connection with his or her name. Only a person who is issued a license as a nutritionist under this Act may use the words "licensed nutritionist" or the letters "L.N." in connection with his or her name. Only a person licensed under this Act may use the word "nutritionist" in connection with his or her name.

(b) It is unlawful for an individual who is not licensed under this Act either to use in connection with his or her name or to allow a business entity or a business entity's employees, agents or representatives to use any of the following titles or abbreviations in connection with their names: "dietitian nutritionist", "nutritionist", "dietitian", "dietician", "nutrition counselor", "nutrition specialist", "LDN", "LD", "LN", "nutritional therapy practitioner", "nutritional therapy consultant", "certified nutrition therapy practitioner", "master nutrition therapist", "licensed dietitian nutritionist", "licensed nutritionist", or any other title, designation, words, letters, abbreviations, or insignia holding oneself out as or indicating one as a provider of medical nutrition therapy or as licensed under this Act.

(c) A licensee shall include in every advertisement for services regulated under this Act his or her title as it appears on the license or the initials authorized under this Act. Advertisements shall not include false, fraudulent, deceptive, or misleading material or guarantees of success.

(Source: P.A. 97-1141, eff. 12-28-12.)

(225 ILCS 30/95) (from Ch. 111, par. 8401-95)

(Section scheduled to be repealed on January 1, 2023)

Sec. 95. Grounds for discipline.

(1) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $10,000 for each violation, with regard to any license or certificate for any one or combination of the following causes:

(a) Material misstatement in furnishing information to the Department.

(b) Violations of this Act or of rules adopted under this Act.

(c) Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, 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 (i) that is a felony or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.

(d) Fraud or any misrepresentation in applying for or procuring a license under this Act or in connection with applying for renewal of a license under this Act.

(e) Professional incompetence or gross negligence.

(f) Malpractice.

(g) Aiding or assisting another person in violating any provision of this Act or its rules.

(h) Failing to provide information within 60 days in response to a written request made by the Department.

(i) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(j) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.

(k) Discipline by another state, the District of Columbia, territory, country, or governmental agency if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.

(l) Charging for professional services not rendered, including filing false statements for the collection of fees for which services are not rendered. Nothing in this paragraph (1) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (1) shall be construed to require an employment arrangement to receive professional fees for services rendered.

(m) A finding by the Department that the licensee, after having his or her license placed on probationary status, has violated the terms of probation.

(n) Willfully making or filing false records or reports in his or her practice, including, but not limited to, false records filed with State agencies or departments.

(o) Allowing one's license under this Act to be used by an unlicensed person in violation of this Act.

(p) Practicing under a false or, except as provided by law, an assumed name.

(q) Gross and willful overcharging for professional services.

(r) (Blank).

(s) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.

(t) Cheating on or attempting to subvert a licensing examination administered under this Act.

(u) Mental illness or disability that results in the inability to practice under this Act with reasonable judgment, skill, or safety.

(v) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill that results in a licensee's inability to practice under this Act with reasonable judgment, skill, or safety.

(w) Advising an individual to discontinue, reduce, increase, or otherwise alter the intake of a drug prescribed by a physician licensed to practice medicine in all its branches or by a prescriber as defined in Section 102 of the Illinois Controlled Substances Act unless the individual licensed under this Act is otherwise authorized to do so.

(2) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a return, or pay the tax, penalty, or interest shown in a filed return, or pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.

(3) (Blank).

(4) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois.

(5) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension shall end only upon a finding by a 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.

(6) In enforcing this Act, the Department, 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 examination, or both, as required by and at the expense of the Department. The Department 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 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. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing.

A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, then the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment.

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 15 days after the suspension and completed without appreciable delay. The Department 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 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. 100-872, eff. 8-14-18.)

(225 ILCS 30/100) (from Ch. 111, par. 8401-100)

(Section scheduled to be repealed on January 1, 2023)

Sec. 100. Injunctions; cease and desist orders.

(a) If any person violates a provision 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 of the county in which the violation is alleged to have occurred, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition, 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 provides, offers to provide, attempts to provide, practices as a dietitian nutritionist or holds himself or herself out as qualified, licensed, or able to provide medical nutrition therapy or holds himself or herself out as licensed or qualified to practice dietetics and nutrition or holds himself or herself out as a licensed dietitian nutritionist or licensed nutritionist or uses words or letters in connection with his or her name in violation of Section 80 such without having a valid license under this Act, then any licensee, 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 be entered against him or her. The rule shall clearly set forth the grounds relied upon the Department and shall provide a period of 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 in order to cease and desist to be issued immediately.

(Source: P.A. 97-1141, eff. 12-28-12.)

Section 99. Effective date. This Act takes effect January 1, 2022, except that this Section and Section 5 take effect upon becoming law.