SB3922 97TH GENERAL ASSEMBLY

LRB097 21591 CEL 69800 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 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:

"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 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 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 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.

(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".

(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 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.

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.

(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, 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 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 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:

(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.

(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.

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 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 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.

(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 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.

(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.

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 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 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 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 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 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 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 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 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.

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 other persons or circumstances is not affected.