Sen. John J. Cullerton
Filed: 5/4/2004
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1 | AMENDMENT TO HOUSE BILL 2981
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2 | AMENDMENT NO. ______. Amend House Bill 2981 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Acupuncture Practice Act is amended by | ||||||
5 | changing Sections 10, 15, 40, and 110 as follows:
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6 | (225 ILCS 2/10)
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7 | (Section scheduled to be repealed on January 1, 2008)
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8 | Sec. 10. Definitions. As used in this Act:
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9 | "Acupuncture" means the evaluation or treatment of persons | ||||||
10 | affected
through a method of stimulation of a certain point or | ||||||
11 | points on or immediately
below the surface of
the body by the | ||||||
12 | insertion of pre-sterilized, single-use, disposable needles,
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13 | unless medically contraindicated, with or without the | ||||||
14 | application of heat,
electronic stimulation, or manual | ||||||
15 | pressure
to prevent or modify the perception of
pain, to | ||||||
16 | normalize physiological functions, or for the
treatment of | ||||||
17 | certain diseases or dysfunctions of the body.
Acupuncture does | ||||||
18 | not include radiology, electrosurgery, chiropractic technique,
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19 | physical therapy, naprapathic technique, use or prescribing of | ||||||
20 | any drugs,
medications, herbal preparations, nutritional | ||||||
21 | supplements, serums, or vaccines,
or determination of a | ||||||
22 | differential
diagnosis.
An acupuncturist
registered under this | ||||||
23 | Act who is not also licensed as a physical therapist
under
the | ||||||
24 | Illinois Physical Therapy Act shall not hold himself or herself |
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1 | out as
being qualified to provide physical therapy or | ||||||
2 | physiotherapy services.
An
acupuncturist shall refer to a | ||||||
3 | licensed physician or dentist, any
patient whose condition | ||||||
4 | should, at the time of evaluation or treatment,
be determined | ||||||
5 | to be beyond the scope of practice of the acupuncturist.
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6 | "Acupuncturist" means a person who practices acupuncture
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7 | and who is licensed by the Department.
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8 | "Board" means the Board of Acupuncture.
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9 | "Dentist" means a person licensed under the Illinois Dental | ||||||
10 | Practice Act.
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11 | "Department" means the Department of Professional
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12 | Regulation.
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13 | "Director" means the Director of Professional
Regulation.
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14 | "Physician" means a person licensed under the Medical | ||||||
15 | Practice Act of 1987.
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16 | "Referral by written order" for purposes of this Act means | ||||||
17 | a
diagnosis, substantiated by signature of a physician or | ||||||
18 | dentist, identifying
that a
patient's condition and | ||||||
19 | recommending treatment
is such that it may be treated by | ||||||
20 | acupuncture as defined in
this Act. The diagnosis shall remain | ||||||
21 | in effect until changed by the physician
or dentist who may, | ||||||
22 | through express direction in the referral,
shall maintain | ||||||
23 | management of the patient.
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24 | "State" includes:
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25 | (1) the states of the United States of America;
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26 | (2) the District of Columbia; and
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27 | (3) the Commonwealth of Puerto Rico.
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28 | (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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29 | (225 ILCS 2/15)
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30 | (Section scheduled to be repealed on January 1, 2008)
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31 | Sec. 15. Who may practice acupuncture. No person licensed | ||||||
32 | under this
Act
may
treat human ailments otherwise than by the | ||||||
33 | practice of acupuncture as defined
in this Act ; and
no person |
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1 | licensed under this Act may practice acupuncture
on another
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2 | person without having on file a written referral order from a
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3 | physician or dentist licensed in Illinois . A physician or | ||||||
4 | dentist licensed in
Illinois may practice acupuncture. A | ||||||
5 | physician or a dentist may refer by written order a patient to | ||||||
6 | an acupuncturist for the practice of acupuncture as defined in | ||||||
7 | this Act and may, through express direction in the referral, | ||||||
8 | maintain management of the patient. Nothing in this Act shall | ||||||
9 | be construed to require a referral of a patient to an | ||||||
10 | acupuncturist for evaluation and treatment based on | ||||||
11 | acupuncture principles and techniques as taught by schools | ||||||
12 | accredited by the Accreditation Commission for Acupuncture and | ||||||
13 | Oriental Medicine or a similar accrediting body approved by the | ||||||
14 | Department. An acupuncturist shall refer to a licensed | ||||||
15 | physician or dentist any patient whose condition should, at the | ||||||
16 | time of evaluation or treatment, be determined to be beyond the | ||||||
17 | scope of practice of the acupuncturist.
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18 | (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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19 | (225 ILCS 2/40)
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20 | (Section scheduled to be repealed on January 1, 2008)
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21 | Sec. 40. Application for licensure. Applications for
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22 | original
licensure as an acupuncturist shall be made to the
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23 | Department in writing on
forms
prescribed by the Department and | ||||||
24 | shall be accompanied by the required fee,
which shall
not be | ||||||
25 | refundable.
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26 | Until December 31, 2001, applicants shall submit with the | ||||||
27 | application
proof of
passing the National Certification | ||||||
28 | Commission for Acupuncture and Oriental Medicine
National
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29 | Commission for the Certification of Acupuncturists examination | ||||||
30 | or a
substantially equivalent examination approved by the | ||||||
31 | Department or meeting any
other qualifications established by | ||||||
32 | the Department.
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33 | On and after January 1, 2002, the Department shall issue a |
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1 | license to an
applicant who submits with the application proof | ||||||
2 | of each of the following:
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3 | (1)(A) graduation from a
school accredited by the | ||||||
4 | Accreditation Commission for Acupuncture and Oriental | ||||||
5 | Medicine
National Accreditation Commission for Schools and
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6 | Colleges of Acupuncture and Oriental Medicine or a similar | ||||||
7 | accrediting body
approved by the Department; or
(B) | ||||||
8 | completion of a comprehensive educational program approved | ||||||
9 | by the
Department; and
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10 | (2) passing the
National Certification Commission for | ||||||
11 | Acupuncture and Oriental Medicine
National Commission for | ||||||
12 | the Certification of Acupuncturists' examination or a
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13 | substantially
equivalent examination approved by the | ||||||
14 | Department.
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15 | An applicant has 3
years from the date of his or her | ||||||
16 | application to complete the application
process. If the process | ||||||
17 | has not been completed in 3 years, the application
shall be | ||||||
18 | denied, the fee shall be forfeited, and the applicant must | ||||||
19 | reapply and
meet the requirements in effect at the time of | ||||||
20 | reapplication.
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21 | (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97; 90-723, | ||||||
22 | eff. 1-1-99.)
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23 | (225 ILCS 2/110)
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24 | (Section scheduled to be repealed on January 1, 2008)
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25 | Sec. 110. Grounds for disciplinary action.
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26 | (a) The Department may refuse to issue or to renew, place | ||||||
27 | on probation,
suspend, revoke or take other disciplinary action | ||||||
28 | as deemed appropriate
including the imposition of fines not to | ||||||
29 | exceed $5,000 for each
violation,
as the Department may deem | ||||||
30 | proper,
with
regard to a license for any one or combination of | ||||||
31 | the
following
causes:
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32 | (1) Violations of the Act or its rules.
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33 | (2) Conviction of any crime under the laws of any U.S.
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1 | jurisdiction that is (i) a felony, (ii) a misdemeanor, an
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2 | essential element of which is dishonesty, or (iii) directly
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3 | related to the practice of the profession.
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4 | (3) Making any misrepresentation for the purpose of
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5 | obtaining a license.
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6 | (4) Aiding or assisting another person in violating any
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7 | provision of this Act or its rules.
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8 | (5) Failing to provide information within 60 days in
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9 | response to a written request made by the Department which | ||||||
10 | has
been sent by certified or registered mail to the | ||||||
11 | licensee's
last known address.
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12 | (6) Discipline by another U.S. jurisdiction or foreign
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13 | nation, if at least one of the grounds for the discipline | ||||||
14 | is the same or
substantially equivalent to one set forth in | ||||||
15 | this Section.
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16 | (7) Solicitation of professional services by means | ||||||
17 | other
than permitted under this Act.
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18 | (8) Failure to provide a patient with a copy of his or
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19 | her record upon the written request of the patient.
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20 | (9) Gross negligence in the practice of acupuncture.
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21 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
22 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
23 | that results in an
acupuncturist's inability to practice | ||||||
24 | with reasonable judgment, skill, or
safety.
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25 | (11) A finding that licensure has been
applied for or
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26 | obtained by fraudulent means.
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27 | (12) A pattern of practice or other behavior that | ||||||
28 | demonstrates
incapacity or incompetence to practice under | ||||||
29 | this Act.
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30 | (13) Being named as a perpetrator in an indicated | ||||||
31 | report
by the Department of Children and Family Services | ||||||
32 | under the
Abused and Neglected Child Reporting Act and upon | ||||||
33 | proof by
clear and convincing evidence that the licensee | ||||||
34 | has caused a
child to be an abused child or a neglected |
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1 | child as defined in
the Abused and Neglected Child | ||||||
2 | Reporting Act.
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3 | (14) Wilfully failing to report an instance of | ||||||
4 | suspected
child abuse or neglect as required by the Abused | ||||||
5 | and Neglected
Child Reporting Act.
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6 | (15) The use of any words, abbreviations, figures or
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7 | letters (such as Acupuncturist, Licensed Acupuncturist,
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8 | Certified Acupuncturist, C.A., Act., Lic. Act., or Lic. | ||||||
9 | Ac.)
with the intention of indicating practice as a | ||||||
10 | licensed
acupuncturist without a valid license as an | ||||||
11 | acupuncturist
issued under this Act.
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12 | (16) Using testimonials or claims of superior quality | ||||||
13 | of care to entice
the public or advertising fee comparisons | ||||||
14 | of available services with those of
other persons providing | ||||||
15 | acupuncture services.
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16 | (17) Advertising of professional services that the | ||||||
17 | offeror of the
services is not licensed to render. | ||||||
18 | Advertising of professional services that
contains false, | ||||||
19 | fraudulent, deceptive, or misleading material or | ||||||
20 | guarantees of
success,
statements that play upon the vanity | ||||||
21 | or fears of the public, or statements that
promote or | ||||||
22 | produce unfair competition.
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23 | (18) Having treated ailments of human beings other than | ||||||
24 | by
the practice of
acupuncture as defined in this Act, or | ||||||
25 | having treated ailments of human beings
as a licensed | ||||||
26 | acupuncturist pursuant to
independent of a written
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27 | referral by written order
that provides for management of | ||||||
28 | the patient by
from a physician or dentist without having | ||||||
29 | notified , or having failed to notify the
physician or | ||||||
30 | dentist who established the diagnosis that the patient is
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31 | receiving acupuncture treatment pursuant to that | ||||||
32 | diagnosis .
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33 | (19) Unethical, unauthorized, or unprofessional | ||||||
34 | conduct as defined by
rule.
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1 | (20) Physical illness including but not limited to | ||||||
2 | deterioration through
the aging process, mental illness, | ||||||
3 | or disability that results in the inability
to practice the | ||||||
4 | profession with reasonable judgment, skill, and safety.
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5 | (21) Violation of the Health Care Worker Self-Referral | ||||||
6 | Act.
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7 | The entry of an order by a circuit court establishing that | ||||||
8 | any person
holding a license under this Act is subject to | ||||||
9 | involuntary admission or
judicial admission as provided for in | ||||||
10 | the Mental Health and Developmental
Disabilities Code operates | ||||||
11 | as an automatic suspension of that license. That
person may | ||||||
12 | have his or her license restored only upon the determination by | ||||||
13 | a
circuit court that the patient is no longer subject to | ||||||
14 | involuntary admission or
judicial admission and the issuance of | ||||||
15 | an order so finding and discharging the
patient and upon the | ||||||
16 | Board's recommendation to the Department that the license
be | ||||||
17 | restored. Where the circumstances so indicate, the Board may | ||||||
18 | recommend to
the Department that it require an examination | ||||||
19 | prior to restoring a suspended
license.
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20 | The Department may refuse to issue or renew the license
of | ||||||
21 | any person
who
fails to (i) file a return or to pay the tax,
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22 | penalty or interest shown in a filed return or (ii) pay any | ||||||
23 | final
assessment of the tax, penalty, or interest as required | ||||||
24 | by any tax
Act administered by the Illinois Department of | ||||||
25 | Revenue, until the
time that the requirements of that tax Act | ||||||
26 | are satisfied.
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27 | In enforcing this Section, the Department or Board upon a | ||||||
28 | showing of
a
possible
violation may compel an individual | ||||||
29 | licensed to practice under this Act, or
who has applied for | ||||||
30 | licensure under this Act, to submit
to a mental or physical | ||||||
31 | examination, or both, as required by and at the expense
of the | ||||||
32 | Department. The Department or Board may order the examining | ||||||
33 | physician to
present
testimony concerning the mental or | ||||||
34 | physical examination of the licensee or
applicant. No |
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1 | information shall be excluded by reason of any common law or
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2 | statutory privilege relating to communications between the | ||||||
3 | licensee or
applicant and the examining physician. The | ||||||
4 | examining
physicians
shall be specifically designated by the | ||||||
5 | Board or Department.
The individual to be examined may have, at | ||||||
6 | his or her own expense, another
physician of his or her choice | ||||||
7 | present during all
aspects of this examination. Failure of an | ||||||
8 | individual to submit to a mental
or
physical examination, when | ||||||
9 | directed, shall be grounds for suspension of his or
her
license | ||||||
10 | until the individual submits to the examination if the | ||||||
11 | Department
finds,
after notice and hearing, that the refusal to | ||||||
12 | submit to the examination was
without reasonable cause.
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13 | If the Department or Board finds an individual unable to | ||||||
14 | practice because of
the
reasons
set forth in this Section, the | ||||||
15 | Department or Board may require that individual
to submit
to
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16 | care, counseling, or treatment by physicians approved
or | ||||||
17 | designated by the Department or Board, as a condition, term, or | ||||||
18 | restriction
for continued,
reinstated, or
renewed licensure to | ||||||
19 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
20 | Department may file, or
the Board may recommend to the | ||||||
21 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
22 | or otherwise discipline the license of the individual.
An | ||||||
23 | individual whose
license was granted, continued, reinstated, | ||||||
24 | renewed, disciplined or supervised
subject to such terms, | ||||||
25 | conditions, or restrictions, and who fails to comply
with
such | ||||||
26 | terms, conditions, or restrictions, shall be referred to the | ||||||
27 | Director for
a
determination as to whether the individual shall | ||||||
28 | have his or her license
suspended immediately, pending a | ||||||
29 | hearing by the Department.
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30 | In instances in which the Director immediately suspends a | ||||||
31 | person's license
under this Section, a hearing on that person's | ||||||
32 | license must be convened by
the Department within 15 days after | ||||||
33 | the suspension and completed without
appreciable
delay.
The | ||||||
34 | Department and Board shall have the authority to review the |
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1 | subject
individual's record of
treatment and counseling | ||||||
2 | regarding the impairment to the extent permitted by
applicable | ||||||
3 | federal statutes and regulations safeguarding the | ||||||
4 | confidentiality of
medical records.
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5 | An individual licensed under this Act and affected under | ||||||
6 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
7 | the Department or Board that he or
she can resume
practice in | ||||||
8 | compliance with acceptable and prevailing standards under the
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9 | provisions of his or her license.
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10 | (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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