Illinois General Assembly - Full Text of HB3585
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Full Text of HB3585  102nd General Assembly




State of Illinois
2021 and 2022


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


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.

LRB102 10930 SPS 16262 b






HB3585LRB102 10930 SPS 16262 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.33 and by adding 4.41 as follows:
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
20    (5 ILCS 80/4.41 new)
21    Sec. 4.41. Act repealed on January 1, 2032. The following
22Act is repealed on January 1, 2032:



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1    The Dietitian Nutritionist Practice Act.
2    Section 10. The Dietitian Nutritionist Practice Act is
3amended by changing Sections 5, 10, 15, 15.5, 17, 20, 30, 45,
470, 75, 80, 95 and 100 and by adding Sections 38 and 46 as
6    (225 ILCS 30/5)  (from Ch. 111, par. 8401-5)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 5. Purpose. The practice of dietetics and nutrition,
9including the provision of medical nutrition therapy, services
10in the State of Illinois is hereby declared to affect the
11public health, safety, and welfare and to be subject to
12regulation and control in the public interest. It is further
13declared that the practice of dietetics and nutrition services
14plays an important part in the attainment and maintenance of
15health and that it is in the public's best interest that
16persons who present themselves as providers of nutrition care
17services in these areas meet specific requirements and
18qualifications. This Act shall be liberally construed to best
19carry out these objectives and purposes.
20(Source: P.A. 87-784.)
21    (225 ILCS 30/10)  (from Ch. 111, par. 8401-10)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 10. Definitions. As used in this Act:



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1    "Accreditation Council for Education in Nutrition and
2Dietetics" means the autonomous accrediting agency for
3education programs that prepares students to begin careers as
4registered dietitian nutritionists or nutrition and dietetics
5technicians, registered.
6    "Address of record" means the designated address recorded
7by the Department in the applicant's or licensee's application
8file or license file as maintained by the Department's
9licensure maintenance unit. It is the duty of the applicant or
10licensee to inform the Department of any change of address and
11those changes must be made either through the Department's
12website or by contacting the Department.
13    "Board" means the Dietitian Nutritionist Practice Board
14appointed by the Secretary.
15    "Board for Certification of Nutrition Specialists" means
16the certifying board that credentials certified nutrition
18    "Certified clinical nutritionist" means an individual
19certified by the Clinical Nutrition Certification Board.
20    "Certified nutrition specialist" means an individual
21certified by the Board for Certification of Board for
22Nutrition Specialists that authorizes the individual to use
23the title "certified nutrition specialist" and the
24abbreviation "C.N.S.".
25    "Commission on Dietetic Registration" means the
26credentialing agency for the Academy of Nutrition and



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2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Dietetics and nutrition services" means the integration,
5and application, and communication of practice principles
6derived from the sciences of food, and nutrition, social,
7business, and basic sciences to achieve and maintain the
8optimal provide for all aspects of nutrition status of care
9for individuals and groups. , including, but not limited to:
10        (1) nutrition counseling; "nutrition counseling" means
11    advising and assisting individuals or groups on
12    appropriate nutrition intake by integrating information
13    from the nutrition assessment;
14        (2) nutrition assessment; "nutrition assessment" means
15    the evaluation of the nutrition needs of individuals or
16    groups using appropriate data to determine nutrient needs
17    or status and make appropriate nutrition recommendations;
18        (3) medically prescribed diet; "medically prescribed
19    diet" is one form of medical nutrition therapy and means a
20    diet prescribed when specific food or nutrient levels need
21    to be monitored, altered, or both as a component of a
22    treatment program for an individual whose health status is
23    impaired or at risk due to disease, injury, or surgery and
24    may only be performed as initiated by or in consultation
25    with a physician licensed under the Medical Practice Act
26    of 1987 acting within the scope of his or her practice,



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1    except that a medically prescribed diet for a resident of
2    a nursing home shall only be performed as initiated by or
3    in consultation with a physician licensed to practice
4    medicine in all of its branches;
5        (4) medical nutrition therapy; "medical nutrition
6    therapy" means the component of nutrition care that deals
7    with the systematic use of food and oral supplementation,
8    based on the nutrition assessment and individual health
9    status and need to manage health conditions;
10        (5) nutrition services for individuals and groups;
11    "nutrition services for individuals and groups" includes,
12    but is not limited to, all of the following:
13            (A) providing nutrition assessments relative to
14        preventive maintenance or restorative care;
15            (B) providing nutrition education and nutrition
16        counseling as components of preventive maintenance or
17        restorative care; and
18            (C) developing and managing systems whose chief
19        function is nutrition care; nutrition services for
20        individuals and groups does not include medical
21        nutrition therapy as defined in this Act; and
22        (6) restorative; "restorative" means the component of
23    nutrition care that deals with oral dietary needs for
24    individuals and groups; activities shall relate to the
25    metabolism of food and the requirements for nutrients,
26    including dietary supplements for growth, development,



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1    maintenance, or attainment of optimal health.
2    "Dietitian" or "Dietitian nutritionist" means a person
3licensed as a licensed dietitian nutritionist pursuant to
4Section 45 who may be referred to as a nutritionist, a
5dietitian nutritionist, or a dietitian and is authorized to
6hold himself or herself out as such.
7    "Diplomate of the American Clinical Board of Nutrition"
8means an individual credentialed certified by the American
9Clinical Board of Nutrition who is authorized to use the title
10"Diplomate of the American Clinical Board of Nutrition" and
11the abbreviation "DACBN".
12    "General non-medical nutrition information" may include
13information on any of the following:
14        (1) principles of good nutrition and food preparation;
15        (2) essential nutrients needed by the human body;
16        (3) actions of nutrients in the human body;
17        (4) effects of deficiencies or excesses of nutrients
18    in the human body;
19        (5) foods, herbs, and dietary supplements that are
20    good sources of essential nutrients in the human body; or
21        (6) principles of self-care and healthy relationships
22    with food.
23    "General supervision" means the qualified supervisor is
24onsite and present where nutrition care services are provided,
25or is immediately available by means of electronic
26communications to the supervisee providing the services, and



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1maintains continual involvement in the appropriate aspects of
2patient care and has primary responsibility for all nutrition
3care services rendered by the supervisee.
4    "Independent private practice of medical nutrition
5therapy" means the application of dietetics and nutrition
6knowledge and skills by a licensed dietitian nutritionist or
7licensed nutritionist who regulates and is responsible for her
8or his own practice or treatment procedures.
9    "Licensed dietitian nutritionist" means a person who holds
10a license pursuant to Section 45 of licensed under this Act to
11practice dietetics and nutrition services, including the
12provision of medical nutrition therapy, as defined in this
13Section. Activities of a licensed dietitian nutritionist do
14not include the medical differential diagnosis of the health
15status of an individual.
16    "Licensed nutritionist" means a person who holds a license
17pursuant to Section 46 authorizing the practice of dietetics
18and nutrition, including the provision of medical nutrition
19therapy, as defined in this Section. Activities of a "licensed
20nutritionist" do not include the medical differential
21diagnosis of the health status of an individual.
22    "Medical nutrition therapy" means nutrition care services
23provided for the treatment or management of a disease or
24medical condition. The term includes the provision of any part
25or all of the following services:
26        (1) interpreting anthropometric, biochemical,



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1    clinical, and dietary data in acute and chronic disease
2    states and recommending or ordering nutrient needs based
3    on the dietary data, including, but not limited to, tube
4    feedings and parenteral nutrition;
5        (2) food and nutrition counseling, including
6    counseling regarding prescription drug interactions.
7        (3) developing and managing food service operations
8    with functions in nutrition care, including operations
9    connected with healthcare facilities; implicated in the
10    ordering, preparation, or serving of therapeutic diets; or
11    otherwise utilized in the management or treatment of
12    diseases or medical conditions; and
13        (4) medical weight control.
14    "Medical weight control" means medical nutrition therapy
15for the purpose of reducing, maintaining, or gaining weight.
16    "Nutrition" means the science of food and nutrients,
17including the action, interaction, and balance of food and
18nutrients in relation to health and disease and the process by
19which humans ingest, absorb, transport, utilize and excrete
20food substances.
21    "Nutrition assessment" means the systematic process of
22obtaining, verifying, and interpreting biochemical,
23anthropometric, physical, nutrigenomic, and dietary data in
24order to make decisions about the nature and cause of
25nutrition-related problems. "Nutrition assessment" includes an
26ongoing, dynamic process that:



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1        (1) involves an initial data collection and a
2    reassessment and analysis of client or community needs;
3    and
4        (2) provides the foundation for nutrition diagnosis
5    and nutritional recommendations, including enteral and
6    parenteral nutrition.
7    "Nutrition care services" means any part of all of the
8following services provided within a systematic process:
9        (1) assessing and evaluating the nutritional needs of
10    individuals and groups and determining resources and
11    constraints in the practice setting;
12        (2) ordering medical laboratory tests in accordance
13    with State law to check and track nutrition status and
14    monitor effectiveness of nutrition interventions, dietary
15    plans, and orders;
16        (3) establishing priorities, goals, and objectives
17    that meet an individual's nutritional needs and are
18    consistent with available resources and constraints;
19        (4) providing nutrition counseling in health and
20    disease;
21        (5) developing, implementing, and managing nutrition
22    care systems and food service operations;
23        (6) evaluating, making changes in, and maintaining
24    appropriate standards of quality in food and nutrition
25    services; and
26        (7) recommending, ordering, and providing therapeutic



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1    diets.
2    "Nutrition counseling" means a supportive process,
3characterized by a collaborative counselor-patient or
4counselor-client relationship with individuals or groups, to
5establish food and nutrition priorities, goals, and
6individualized action plans and general physical activity
7guidance that acknowledge and foster responsibility for
8self-care to treat an existing condition or promote health.
9    "Nutrition diagnosis" means identifying and labeling
10nutritional problems that are managed and treated by a
11dietitian nutritionist or nutritionist. "Nutrition diagnosis"
12does not include the medical differential diagnosis of the
13health of an individual.
14    "Nutrition intervention" means the purposefully planned
15actions and counseling intended to positively change a
16nutrition-related behavior, risk factor, environmental
17condition, or aspect of the health status for an individual,
18target groups, or the community at large.
19    "Nutritionist" means an individual licensed under this Act
20as either a licensed dietitian nutritionist or a licensed
22    "Nutrition monitoring and evaluation" means identifying
23patient or client outcomes relevant to a nutrition diagnosis
24and comparing the outcomes with the patient's or client's
25previous health status, intervention goals, or reference
26standards to determine the progress made in achieving desired



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1outcomes of nutrition care and whether planned nutrition
2interventions should be continued or revised.
3    "Onsite supervision" means the qualified supervisor is
4onsite and present in the department or facility where
5nutrition care services are provided, is immediately available
6to the supervisee providing the services, and both maintains
7continual involvement in the appropriate aspects of patient
8care and has primary responsibility for all nutrition care
9services rendered by the supervisee.
10    "Practice experience" means a preprofessional, documented,
11supervised experience obtained by a supervisee in the practice
12of in dietetics and or nutrition and the provision of medical
13nutrition therapy services that is acceptable to the
14Department as in compliance with requirements for licensure,
15as specified in Section 45 or Section 46. It may be or may
16include a documented, supervised practice experience obtained
17under the supervision of a qualified supervisor, as defined in
18this Section, which is a component of the educational
19requirements for licensure either as a licensed dietitian
20nutritionist, as specified in Section 45, or for licensure as
21a licensed nutritionist, as specified in Section 46. An
22applicant's supervised practice experience must be
23successfully completed within a time period of no more than 5
24years after the applicant's completion of the educational
25requirements for licensure..
26    "Practice of dietetics and nutrition" means the



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1integration and application of scientific principles derived
2from the study of food, nutrition, biochemistry, metabolism,
3nutrigenomics, physiology, food management, and behavioral and
4social sciences in achieving and maintaining patients' and
5clients' health throughout their life spans and in providing
6nutrition care services in-person and via telehealth in both
7clinical and community settings. The primary functions of the
8"practice of dietetics and nutrition" are medical nutrition
9therapy provided for the purpose of disease management or to
10treat or rehabilitate an illness, injury, or condition and
11other nutrition care services provided for health and wellness
12and as primary prevention of chronic disease.
13    "Qualified supervisor" means:
14        (1) when supervising the provision of medical
15    nutrition therapy by a supervisee, an individual who is:
16            (A) a registered dietitian nutritionist or a
17        certified nutrition specialist;
18            (B) a licensed dietitian nutritionist or a
19        licensed nutritionist; or
20            (C) a health care provider licensed under the laws
21        of any U.S. state or territory, including licensed or
22        certified dietitian nutritionists and licensed
23        nutritionists, whose licensed scope of practice
24        includes the provision of nutrition care services for
25        the treatment or management of a disease or medical
26        condition.



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1        (2) when supervising the provision of nutrition care
2    services not constituting medical nutrition therapy by a
3    supervisee, an individual who either meets the
4    requirements of paragraph (1) or all of the following
5    requirements:
6            (A) has been regularly employed or self-employed
7        in the field of clinical nutrition for at least 3 of
8        the last 5 years immediately preceding commencement of
9        the applicant's supervised practice experience; and
10            (B) holds a doctoral degree with a major course of
11        study in dietetics, human nutrition, foods and
12        nutrition, community nutrition, public health
13        nutrition, naturopathic medicine, nutrition education,
14        nutrition, nutrition science, clinical nutrition,
15        applied clinical nutrition, nutrition counseling,
16        nutrition and functional medicine, nutritional
17        biochemistry, nutrition and integrative health, or an
18        equivalent course of study as recommended by the Board
19        and approved by the Department conferred by either:
20                (i) a U.S. regionally accredited college or
21            university accredited at the time of graduation
22            from the appropriate regional accrediting agency
23            recognized by the Council on Higher Education
24            Accreditation and the United States Department of
25            Education; or
26                (ii) an institution outside the United States



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1            and its territories with the supervisor's doctoral
2            degree validated as equivalent to the doctoral
3            degree conferred by a U.S. regionally accredited
4            college or university as recommended by the Board
5            and approved by the Department.
6        A "qualified supervisor" under paragraph (1) shall be
7    licensed in this State if supervising an applicant
8    providing medical nutrition therapy to an individual in
9    this State.
10    "Registered dietitian" or "registered dietitian
11nutritionist" means an individual who is registered as a
12dietitian or dietitian nutritionist credentialed by with the
13Commission on Dietetic Registration that authorizes the
14individual to use the titles "registered dietitian
15nutritionist" and "registered dietitian" and the abbreviations
16"RDN" and "RD" , the accrediting body of the Academy of
17Nutrition and Dietetics, formerly known as the American
18Dietetic Association.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Telehealth" or "telepractice" "Telepractice" means the
22delivery of services under this Act by using electronic
23communication, information technologies, or other means
24between a licensee in one location and a patient in another
25location, with or without an intervening healthcare provider.
26"Telehealth" or "telepractice" includes direct, interactive



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1patient encounters; asynchronous store-and-forward
2technologies; and remote monitoring means other than
3in-person, including, but not limited to, telephone, email,
4Internet, or other methods of electronic communication.
5Telepractice is not prohibited under this Act provided that
6the provision of telepractice services is appropriate for the
7client and the level of care provided meets the required level
8of care for that client. Individuals providing services
9regulated by this Act via telepractice shall comply with and
10are subject to all licensing and disciplinary provisions of
11this Act.
12    "Therapeutic diet" means a nutrition intervention
13prescribed by a physician or other authorized non-physician
14practitioner that provides food or nutrients via oral,
15enteral, and parenteral routes as part of treatment of disease
16or clinical conditions to modify, eliminate, decrease, or
17increase identified micro-nutrients and macro-nutrients in the
19(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13.)
20    (225 ILCS 30/15)  (from Ch. 111, par. 8401-15)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 15. License required.
23    (a) No person may provide, offer to provide, or attempt to
24provide medical nutrition therapy, whether engage for
25remuneration or not, in the practice of dietetics and



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1nutrition services or hold himself or herself out as a
2licensed dietitian nutritionist or a licensed nutritionist or
3as a qualified provider of nutrition care services, including
4medical nutrition therapy, unless the person is licensed in
5accordance with this Act.
6    (b) This Section does not prohibit the provision of
7medical nutrition therapy practice of dietetics and nutrition
8services by a the following: (1) A person that is licensed to
9practice dietetics and nutrition, including medical nutrition
10therapy, under the law of another state, territory of the
11United States, or country and has applied in writing to the
12Department in form and substance satisfactory to the
13Department for a license as a licensed dietitian nutritionist
14or licensed nutritionist under this Act until (i) the
15expiration of 6 months after filing the written application,
16(ii) the withdrawal of the application, or (iii) the denial of
17the application by the Department.
18        (2) A person that is licensed to practice dietetics
19    under the law of another state, territory of the United
20    States, or country, or is a certified nutrition
21    specialist, a certified clinical nutritionist, a diplomate
22    of the American Clinical Board of Nutrition, or a
23    registered dietitian, who has applied in writing to the
24    Department in form and substance satisfactory to the
25    Department for a license as a dietitian nutritionist until
26    (i) the expiration of 6 months after the filing the



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1    written application, (ii) the withdrawal of the
2    application, or (iii) the denial of the application by the
3    Department.
4(Source: P.A. 97-1141, eff. 12-28-12.)
5    (225 ILCS 30/15.5)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 15.5. Unlicensed practice; violation; civil penalty.
8    (a) Any person who provides practices, offers to provide
9practice, attempts to provide practice, or holds oneself out
10as qualified, licensed, or being able to provide medical
11nutrition therapy or holds oneself out as licensed or
12qualified to practice dietetics and nutrition dietetics and
13nutrition services without being licensed under this Act
14shall, in addition to any other penalty provided by law, pay a
15civil penalty to the Department in an amount not to exceed
16$10,000 for each offense as determined by the Department. The
17civil penalty shall be assessed by the Department after a
18hearing is held in accordance with the provisions set forth in
19this Act regarding the provision of a hearing for the
20discipline of a licensee.
21    (b) The Department has the authority and power to
22investigate any and all unlicensed activity.
23    (c) The civil penalty shall be paid within 60 days after
24the effective date of the order imposing the civil penalty.
25The order shall constitute a judgment and may be filed and



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1execution had thereon in the same manner as any judgment from
2any court of record.
3(Source: P.A. 97-1141, eff. 12-28-12.)
4    (225 ILCS 30/17)
5    Sec. 17. Other activities subject to licensure under this
7    (a) A licensed dietitian nutritionist or licensed
8nutritionist may order patient or resident diets, including
9therapeutic diets, in accordance with the following:
10        (1) Enteral and parenteral nutrition therapy shall
11    consist of enteral feedings or specialized intravenous
12    solutions as part of a therapeutic diet and shall only be
13    ordered or performed by an individual licensed under this
14    Act who:
15            (A) (a) is a registered dietitian or registered
16        dietitian nutritionist currently registered with the
17        Commission on Dietetic Registration, the accrediting
18        body of the Academy of Nutrition and Dietetics,
19        formerly known as the American Dietetic Association;
20            (B) (b) is a certified nutrition support clinician
21        currently credentialed as such certified by the
22        National Board of Nutrition Support Certification; or
23            (C) (c) meets the requirements set forth in the
24        rules of the Department it may establish as necessary
25        to implement this Section to be consistent with



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1        competencies necessary for evaluating, ordering, and
2        administrating enteral and parenteral nutrition
3        therapies.
4        (2) Developing and managing food service operations
5    whose chief function is nutrition care or that are
6    otherwise utilized in the management or treatment of
7    diseases or medical conditions shall only be performed by
8    an individual licensed under this Act with competencies in
9    the management of health care food service.
10        (3) Oral therapeutic diets may be ordered by either a
11    licensed dietitian nutritionist or licensed nutritionist.
12        (4) Licensed dietitian nutritionists and licensed
13    nutritionists shall provide nutrition care services using
14    systematic, evidence-based problem-solving methods of the
15    nutrition care process. Individuals licensed under this
16    Act shall employ these methods to critically think and
17    make decisions to address nutrition-related problems and
18    to provide safe, effective, medical nutrition therapy and
19    other quality nutrition care services to patients,
20    residents, and clients in clinical and community settings
21    across the continuum of care.
22        (5) A licensed dietitian nutritionist or licensed
23    nutritionist may implement prescription drug dose
24    adjustments for specific disease treatment protocols
25    within the limits of their knowledge, skills, judgment,
26    and current evidence-informed clinical practice guidelines



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1    as indicated in a facility approved protocol and as
2    approved and delegated by the licensed prescriber. The
3    provisions of this Section do not authorize licensees to
4    prescribe or initiate drug treatment. Licensed registered
5    dietitians and licensed nutritionists may be authorized to
6    prescribe vitamin and mineral supplements or discontinue
7    unnecessary vitamins and minerals.
8    (b) Nothing in this Section shall be construed to limit
9the ability of any other licensed health care provider in this
10State to order therapeutic diets if the ordering of
11therapeutic diets falls within the scope of his or her
13(Source: P.A. 98-148, eff. 8-2-13.)
14    (225 ILCS 30/20)  (from Ch. 111, par. 8401-20)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 20. Exemptions. This Act does not prohibit or
18    (a) Any person licensed in this State under any other Act
19from engaging in the practice for which he or she is licensed
20as long as the person does not hold himself or herself out as
21qualified, able, or licensed to provide medical nutrition
22therapy or use a title in connection with his or her name whose
23use is restricted to individuals licensed under this Act, as
24specified in Section 80.
25    (b) Any person from providing medical nutrition therapy if



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1that The practice of dietetics and nutrition services by a
2person who is employed by the United States or State
3government or any of its bureaus, divisions, or agencies, or
4departments while in the discharge of the employee's official
6    (c) The distribution of general non-medical nutrition
7information The practice of dietetics and nutrition services
8by a person employed as a cooperative extension home
9economist, to the extent the activities are part of his or her
11    (d) The provision of medical nutrition therapy practice of
12dietetics and nutrition services by a person pursuing a course
13of study leading to a degree in dietetics, nutrition, or an
14equivalent major from a U.S. regionally accredited school or
15program, if (i) the activities and services constitute a part
16of a supervised course of study, (ii) the activities and
17services are not conducted in an independent private practice
18of medical nutrition therapy, (iii) the activities and
19services are supervised by a qualified supervisor, and (iv) if
20the person is designated by a title that clearly indicates the
21person's status as a student or trainee.
22    (e) The activities and services of individuals seeking to
23fulfill post-degree practice experience requirements in order
24to qualify for licensing as a licensed dietitian nutritionist
25or licensed nutritionist under this Act, so long as the
26individual is not engaged in the independent private practice



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1of medical nutrition therapy and is in compliance with all
2applicable regulations regarding supervision, including, but
3not limited to, the requirement that the supervised practice
4experience must be under the order, control, and full
5professional responsibility of their supervisor. The
6Department may, by rule, adopt further limitations on
7individuals practicing under this subsection (e) practice of
8dietetics and nutrition services by a person fulfilling the
9supervised practice experience component of Section 45, if the
10activities and services constitute a part of the experience
11necessary to meet the requirements of Section 45.
12    (f) A person, including a licensed acupuncturist, from:
13        (1) providing oral nutrition information as an
14    operator or employee of a health food store or business
15    that sells health products, including dietary supplements,
16    food, herbs, or food materials; or
17        (2) disseminating written nutrition information in
18    connection with the marketing and distribution of those
19    products, or discussing the use of those products, both
20    individually and as components of nutritional programs,
21    including explanations of their federally regulated label
22    claims, any known drug-nutrient interactions, their role
23    in various diets, or suggestions as how to best use and
24    combine them.
25    (g) The practice of dietetics and nutrition services by an
26educator who is in the employ of a nonprofit organization; a



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1federal, state, county, or municipal agency, or other
2political subdivision; an elementary or secondary school; or a
3regionally accredited institution of higher education, as long
4as the activities and services of the educator are part of his
5or her employment.
6    (h) An individual providing medical weight control
7services for individuals with prediabetes or obesity if:
8        (1) under a program of instruction approved in writing
9    by one of the following: a dietitian nutritionist or
10    nutritionist licensed in this State; a dietitian
11    nutritionist or nutritionist certified or licensed by
12    another state that has licensure requirements considered
13    by the Department to be at least as stringent as the
14    requirements for licensure under this Act; a registered
15    dietitian nutritionist; or a certified nutrition
16    specialist; or
17        (2) as part of a plan of care overseen by a
18    State-licensed health care practitioner acting within the
19    scope of the individual's licensed profession and
20    consistent with accepted professional standards for
21    providing nutrition care services, to treat or manage the
22    disease or medical condition. The practice of dietetics
23    and nutrition services by any person who provides weight
24    control services, provided the nutrition program has been
25    reviewed by, consultation is available from, and no
26    program change can be initiated without prior approval by



HB3585- 24 -LRB102 10930 SPS 16262 b

1    an individual licensed under this Act, an individual
2    licensed to practice dietetics or nutrition services in
3    another state that has licensure requirements considered
4    by the Department to be at least as stringent as the
5    requirements for licensure under this Act, or a registered
6    dietitian.
7    (i) The practice of dietetics and nutrition services by
8any person with a masters or doctorate degree with a major in
9nutrition or equivalent from a regionally accredited school
10recognized by the Department for the purpose of education and
12    (j) Any person from providing nutrition information,
13nutrition recommendations, health coaching, holistic and
14wellness education, guidance, motivation, behavior change
15management, weight control, or other nutrition care services
16if it does not constitute medical nutrition therapy and as
17long as the person does not hold himself or herself out as
18qualified, able, or licensed to provide medical nutrition
19therapy or use a title in connection with his or her name whose
20use is restricted to individuals licensed under this Act, as
21specified in Section 80 A person from providing general
22nutrition information or encouragement of general healthy
23eating choices that does not include the development of a
24customized nutrition regimen for a particular client or
25individual, or from providing encouragement for compliance
26with a customized nutrition plan prepared by a licensed



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1dietitian nutritionist or any other licensed professional
2whose scope of practice includes nutrition assessment and
4    (k) The provision of nutrition care services by a
5nutrition and dietetic technician, registered or practice of
6dietetics and nutrition services by a graduate of a 2 year
7associate program or a 4 year baccalaureate program from a
8school or program accredited at the time of graduation by the
9appropriate accrediting agency recognized by the Council on
10Higher Education Accreditation and the United States
11Department of Education with a major course of study in human
12nutrition, food and nutrition or its equivalent, as authorized
13by the Department, who is directly supervised by an individual
14licensed under this Act.
15    (l) Providing nutrition information as an employee of a
16nursing facility operated exclusively by and for those relying
17upon spiritual means through prayer alone for healing in
18accordance with the tenets and practices of a recognized
19church or religious denomination.
20    (m) A dietary technical support person working in a
21hospital setting or a regulated Department of Public Health or
22Department on Aging facility or program who has been trained
23and is supervised while engaged in the practice of dietetics
24and nutrition by a licensed dietitian nutritionist in
25accordance with this Act and whose services are retained by
26that facility or program on a full-time or regular, ongoing



HB3585- 26 -LRB102 10930 SPS 16262 b

1consultant basis.
2    (n) The provision of nutrition care services without
3remuneration to family members.
4    Nothing in this Section shall be construed to permit
5students, trainees, or supervisees to offer their services as
6dietitians or nutritionists to any other person, other than as
7specifically excepted in this Section, unless they have been
8licensed under this Act.
9    The provisions of this Act shall not be construed to
10prohibit or limit any person from the free dissemination of
11information, from conducting a class or seminar, or from
12giving a speech related to nutrition if that person does not
13hold himself or herself out as a licensed dietitian
14nutritionist in a manner prohibited by Section 15.
15    The provisions of this Act shall not be construed to
16prohibit or limit any physician licensed under the Medical
17Practice Act of 1987 to practice medicine in all its branches
18or from delegating nutrition-related therapies and procedures
19by consultation, by organization policy, or by contract to an
20appropriately trained, qualified, and supervised individual
21licensed under this Act.
22(Source: P.A. 97-1141, eff. 12-28-12.)
23    (225 ILCS 30/30)  (from Ch. 111, par. 8401-30)
24    (Section scheduled to be repealed on January 1, 2023)
25    Sec. 30. Dietitian Nutritionist Practice Board. The



HB3585- 27 -LRB102 10930 SPS 16262 b

1Secretary shall appoint a Dietitian Nutritionist Practice
2Board as follows: 7 individuals who shall be appointed by and
3shall serve in an advisory capacity to the Secretary. Of these
47 individuals, 6 members must be licensed under this Act, 2 of
5which must be a registered dietitian and 2 of which must be
6either a certified clinical nutritionist, a certified
7nutrition specialist, or a diplomate of the American Clinical
8Board of Nutrition, and one member must be a public member not
9licensed under this Act.
10    Members shall serve 3-year terms and until their
11successors are appointed and qualified. No member shall be
12reappointed to the Board for a term that would cause his or her
13continuous service on the Board to be longer than 8 years.
14Appointments to fill vacancies shall be made in the same
15manner as original appointments, for the unexpired portion of
16the vacated term.
17    Insofar as possible, the licensed professionals appointed
18to serve on the Board shall be generally representative of the
19geographical distribution of licensed professionals within
20this State. Any time there is a vacancy on the Board, any
21professional association composed of persons licensed under
22this Act may recommend licensees to fill the vacancy to the
23Board for the appointment of licensees.
24    A vacancy in the membership of the Board shall not impair
25the right of a quorum to exercise all the rights and perform
26all the duties of the Board.



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1    Members of the Board shall have no liability in any action
2based upon any disciplinary proceeding or other activity
3performed in good faith as members of the Board.
4    The Secretary shall have the authority to remove or
5suspend any member of the Board for cause at any time before
6the expiration of his or her term. The Secretary shall be the
7sole arbiter of cause.
8    The Secretary shall consider the recommendation of the
9Board on questions of standards of professional conduct,
10discipline, and qualifications of candidates or licensees
11under this Act.
12(Source: P.A. 97-1141, eff. 12-28-12.)
13    (225 ILCS 30/38 new)
14    Sec. 38. Criminal history records background check. The
15Department may require that each applicant for licensure by
16examination or restoration have his or her fingerprints
17submitted to the Department of State Police in an electronic
18format that complies with the form and manner for requesting
19and furnishing criminal history record information as
20prescribed by the Department of State Police. If so required,
21these fingerprints shall be checked against the Department of
22State Police and Federal Bureau of Investigation criminal
23history record databases now and hereafter filed. The
24Department of State Police shall charge applicants a fee for
25conducting the required criminal history records check, which



HB3585- 29 -LRB102 10930 SPS 16262 b

1shall be deposited into the State Police Services Fund and
2shall not exceed the actual cost of the records check. The
3Department of State Police shall furnish, pursuant to positive
4identification, records of Illinois convictions to the
5Department. The Department may require applicants to pay a
6separate fingerprinting fee, either to the Department or to a
7vendor. The Department, in its discretion, may allow an
8applicant who does not have reasonable access to a designated
9vendor to provide his or her fingerprints in an alternative
10manner. The Department may adopt any rules necessary to
11implement this Section.
12    (225 ILCS 30/45)  (from Ch. 111, par. 8401-45)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 45. Dietitian nutritionist; qualifications. A person
15shall be qualified for licensure as a dietitian nutritionist
16if that person meets all of the following requirements in
17subsection (a) or (b) as follows:
18    (a) Has applied in writing in form and substance
19acceptable to the Department and submits proof of completion
20of all of the following educational, supervised practice
21experience, and examination requirements:
22        (1) Possesses possesses a baccalaureate degree or post
23    baccalaureate degree with a major course of study in human
24    nutrition, foods and nutrition, dietetics, food systems
25    management, nutrition education, nutrition, nutrition



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1    science, clinical nutrition, applied clinical nutrition,
2    nutrition counseling, nutrition and functional medicine,
3    nutritional biochemistry, nutrition and integrative
4    health, or an equivalent major course of study that meets
5    the competency requirements of an academic program in
6    dietetics accredited by the Accreditation Council for
7    Education in Nutrition and Dietetics as recommended by the
8    Board and approved by the Department from:
9            (A) a school or program accredited at the time of
10        graduation from the appropriate regional accrediting
11        agency recognized by the Council on Higher Education
12        Accreditation and the United States Department of
13        Education; or .
14            (B) a college or university in a foreign country
15        validated as equivalent as recommended by the Board
16        and approved by the Department.
17        (2) (b) Has successfully completed an examination
18    authorized by the Department which may be or may include
19    examinations given by each of the American Clinical Board
20    of Nutrition, the Certification Board of Nutrition
21    Specialists, the Clinical Nutrition Certification Board,
22    and the Registration Examination for Dietitian
23    Nutritionists administered by the Commission on Dietetic
24    Registration, or another examination approved by the
25    Department.
26    The Department shall establish by rule a waiver of the



HB3585- 31 -LRB102 10930 SPS 16262 b

1examination requirement to applicants who, at the time of
2application, are acknowledged to be certified clinical
3nutritionists by the Clinical Nutrition Certification Board,
4certified nutrition specialists by the Certification Board of
5Nutrition Specialists, diplomates of the American Clinical
6Board of Nutrition, or registered dietitians by the Commission
7on Dietetic Registration and who are in compliance with other
8qualifications as included in the Act.
9        (3) Has successfully completed a planned clinical
10    program in the practice of dietetics and nutrition and the
11    provision of medical nutrition therapy that meets the
12    competency requirements of a supervised practice
13    accredited by the Accreditation Council for Education in
14    Nutrition and Dietetics as recommended by the Board and
15    approved by the Department. A planned clinical program
16    under this paragraph (3) shall include no fewer than 1,000
17    hours under the supervision of either of the following:
18            (A) A dietitian nutritionist licensed by this
19        State or registered, certified, or licensed under the
20        laws of any other state with licensure requirements
21        considered by the Department to be at least as
22        stringent as the requirements for licensure under this
23        Act.
24            (B) A dietitian nutritionist registered with the
25        Commission on Dietetic Registration. (c) Has completed
26        a dietetic internship or documented, supervised



HB3585- 32 -LRB102 10930 SPS 16262 b

1        practice experience in dietetics and nutrition
2        services of not less than 900 hours under the
3        supervision of a certified clinical nutritionist,
4        certified nutrition specialist, diplomate of the
5        American Clinical Board of Nutrition, registered
6        dietitian or a licensed dietitian nutritionist, a
7        State licensed healthcare practitioner, or an
8        individual with a doctoral degree conferred by a U.S.
9        regionally accredited college or university with a
10        major course of study in human nutrition, nutrition
11        education, food and nutrition, dietetics, food systems
12        management, nutrition, nutrition science, clinical
13        nutrition, applied clinical nutrition, nutrition
14        counseling, nutrition and functional medicine, or
15        nutrition and integrative health.
16    Supervised practice experience must be completed in the
17United States or its territories. Supervisors who obtained
18their doctoral degree outside the United States and its
19territories must have their degrees validated as equivalent to
20the doctoral degree conferred by a U.S. regionally accredited
21college or university.
22    (b) Has applied in writing in form and substance
23acceptable to the Department and provides evidence of current
24and valid registration as a registered dietitian or registered
25dietitian nutritionist with the Commission on Dietetic



HB3585- 33 -LRB102 10930 SPS 16262 b

1(Source: P.A. 97-1141, eff. 12-28-12.)
2    (225 ILCS 30/46 new)
3    Sec. 46. Nutritionist; qualifications. A person is
4qualified for licensure as a nutritionist if that person meets
5all of the following requirements:
6        (1) Has applied in writing in a form and substance
7    acceptable to the Department and submitted proof that the
8    applicant has received a master's degree or doctoral
9    degree from a school or program accredited at the time of
10    graduation from the appropriate regional accrediting
11    agency recognized by the Council on Higher Education
12    Accreditation and the United States Department of
13    Education or has received an academic degree from a
14    college or university in a foreign country validated as
15    equivalent, with all of the following:
16            (A) A major course of study in human nutrition,
17        food and nutrition, community nutrition, public health
18        nutrition, nutrition education, nutrition, nutrition
19        science, clinical nutrition, applied clinical
20        nutrition, nutrition counseling, nutrition and
21        functional medicine, nutritional biochemistry,
22        nutrition and integrative health, or an equivalent
23        major course of study as recommended by the Board and
24        approved by the Department, or the validated foreign
25        equivalent in a field of clinical health care.



HB3585- 34 -LRB102 10930 SPS 16262 b

1            (B) A course of study leading to competence in
2        medical nutrition therapy, including, but not limited
3        to, the completion of all of the following:
4                (i) Fifteen semester hours of clinical or life
5            sciences coursework with at least 3 semester hours
6            in human anatomy and physiology or the equivalent
7            as recommended by the Board and approved by the
8            Department.
9                (ii) Fifteen semester hours of nutrition and
10            metabolism coursework with at least 6 semester
11            hours in biochemistry or an equivalent as as
12            recommended by the Board and approved by the
13            Department.
14        (2) Has completed a Board-approved internship or
15    Board-approved documented, supervised practice experience
16    demonstrating competency in nutrition care services and
17    the provision of medical nutrition therapy for not fewer
18    than 1,000 hours involving no less than 200 hours each of:
19            (A) Nutrition assessment.
20            (B) Nutrition intervention, education, counseling,
21        or management.
22            (C) Nutrition monitoring or evaluation.
23        A minimum of 700 hours of the supervised practice
24    experience is required in professional work settings and
25    no more than 300 hours can be in alternate supervised
26    experiences, such as observational client-practitioner



HB3585- 35 -LRB102 10930 SPS 16262 b

1    interactions, simulation, case studies, and role playing.
2    This experience shall be under the supervision of a
3    qualified supervisor with the requisite education,
4    training, and license or certification required pursuant
5    to Section 10. Qualified supervisors must provide onsite
6    supervision of an applicant's supervised practice
7    experience in the provision of medical nutrition therapy
8    and provide general supervision of an applicant's
9    provision of other nutrition care services that do not
10    constitute medical nutrition therapy. Supervised practice
11    experience must be completed in the United States or its
12    territories. A supervisor who obtained his or her doctoral
13    degree outside the United States and its territories must
14    have his or her degrees validated as equivalent to the
15    doctoral degree conferred by a U.S. regionally accredited
16    college or university.
17        (3) Meets either of the following criteria:
18            (A) Has successfully passed the Certification
19        Examination for Nutrition Specialists administered by
20        the Board for Certification of Nutrition Specialists
21        or the Diplomate of the American Clinical Board of
22        Nutrition examination administered by the American
23        Clinical Board of Nutrition.
24            (B) Holds a valid current certification with the
25        Board for Certification of Nutrition Specialists that
26        authorizes the applicant to use the title "certified



HB3585- 36 -LRB102 10930 SPS 16262 b

1        nutrition specialist" or the abbreviation "C.N.S." or
2        a valid current certification with the American
3        Clinical Board of Nutrition that authorizes the
4        applicant to use the title "diplomate, American
5        Clinical Board of Nutrition" or the abbreviation
6        "D.A.C.B.N."
7    (225 ILCS 30/70)  (from Ch. 111, par. 8401-70)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 70. Inactive status; restoration; military service.
10    (a) Any person who notifies the Department in writing on
11forms prescribed by the Department may elect to place his or
12her license on an inactive status and shall, subject to rules
13of the Department, be excused from payment of renewal fees
14until he or she notifies the Department in writing of the
15desires to resume active status.
16    (b) A licensee who has permitted his or her license to
17expire or who has had his or her license on inactive status may
18have the license restored by making application to the
19Department by filing proof acceptable to the Department of his
20or her fitness to have the license restored and by paying the
21required fees. Proof of fitness may include sworn evidence
22certifying to active lawful practice in another jurisdiction.
23If the licensee has not maintained an active practice in
24another jurisdiction satisfactory to the Department, then the
25Department shall determine, by an evaluation program



HB3585- 37 -LRB102 10930 SPS 16262 b

1established by rule, his or her fitness for restoration of the
2license and shall establish procedures and requirements for
4    (c) A licensee whose license expired while he or she was
5(1) in federal service on active duty with the Armed Forces of
6the United States or the State Militia called into service or
7training or (2) in training or education under the supervision
8of the United States before induction into the military
9service, may have the license restored without paying any
10lapsed renewal fees if within 2 years after honorable
11termination of the service, training, or education he or she
12furnishes the Department with satisfactory evidence to the
13effect that he or she has been so engaged and that his or her
14service, training, or education has been so terminated.
15    (d) Any person requesting restoration from inactive status
16shall be required to pay the current renewal fee, shall meet
17continuing education requirements, and shall be required to
18restore his or her license as provided in Section 65 of this
20    (e) A person licensed under this Act whose license is on
21inactive status or in a non-renewed status shall not provide
22medical nutrition therapy engage in the practice of dietetics
23or nutrition services in the State of Illinois or use the title
24or advertise that he or she performs the services of a licensed
25dietitian nutritionist or licensed nutritionist.
26    (f) Any person violating this Section shall be considered



HB3585- 38 -LRB102 10930 SPS 16262 b

1to be practicing without a license and will be subject to the
2disciplinary provisions of this Act.
3    (g) A member of the United States Armed Forces or the
4member's spouse who is registered, certified, or licensed as a
5dietitian nutritionist or nutritionist in another state with
6registration, certification, or licensure requirements
7substantially equivalent to the licensure requirements under
8this Act may be licensed as a dietitian nutritionist or a
9nutritionist, respectively, in this State by providing a proof
10of licensure in good standing in the other state in accordance
11with rules adopted by the Board. A member or the member's
12spouse who qualifies for licensure as a dietitian nutritionist
13or a nutritionist under this subsection is exempt from paying
14the initial licensure application fee. If a member or the
15member's spouse does not qualify for licensure as a dietitian
16nutritionist or a nutritionist under this subsection, the
17member or the member's spouse shall apply for licensure as
18specified under this Act and is exempt from paying the initial
19licensure application fee.
20(Source: P.A. 97-1141, eff. 12-28-12.)
21    (225 ILCS 30/75)  (from Ch. 111, par. 8401-75)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 75. Reciprocity Endorsement.
24    (a) The Department may license as a dietitian
25nutritionist, without examination, on payment of required fee,



HB3585- 39 -LRB102 10930 SPS 16262 b

1an applicant who is a dietitian, dietitian nutritionist, or
2nutritionist, or nutrition counselor licensed or certified
3under the laws of another state, territory, or country, if
4Department determines that the requirements for licensure
5were, at the date of his or her licensure, considered at least
6as stringent as the requirements for licensure as a dietitian
7nutritionist under this Act in the state, territory, or
8country in which the applicant was licensed were, at the date
9of his or her licensure, substantially equal to the
10requirements of this Act.
11    (b) The Department may license as a nutritionist, without
12examination, on payment of required fee, an applicant who is a
13dietitian, dietitian nutritionist, or nutritionist licensed or
14certified under the laws of another state, territory, or
15country, if the requirements for licensure were, at the date
16of his or her licensure, considered by the Department to be at
17least as stringent as the requirements for licensure as a
18nutritionist under this Act.
19(Source: P.A. 92-642, eff. 10-31-03.)
20    (225 ILCS 30/80)  (from Ch. 111, par. 8401-80)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 80. Use of title; advertising.
23    (a) Only a person who is issued a license as a dietitian
24nutritionist under this Act may use the words "licensed
25dietitian nutritionist", "dietitian nutritionist", or



HB3585- 40 -LRB102 10930 SPS 16262 b

1"dietitian", "licensed nutritionist", or "nutrition counselor"
2or the letters "L.D.N." in connection with his or her name.
3Only a person who is issued a license as a nutritionist under
4this Act may use the words "licensed nutritionist" or the
5letters "L.N." in connection with his or her name. Only a
6person licensed under this Act may use the word "nutritionist"
7in connection with his or her name.
8    (b) It is unlawful for an individual who is not licensed
9under this Act either to use in connection with his or her name
10or to allow a business entity or a business entity's
11employees, agents or representatives to use any of the
12following titles or abbreviations in connection with their
13names: "dietitian nutritionist", "nutritionist", "dietitian",
14"dietician", "nutrition counselor", "nutrition specialist",
15"LDN", "LD", "LN", "nutritional therapy practitioner",
16"nutritional therapy consultant", "certified nutrition therapy
17practitioner", "master nutrition therapist", "licensed
18dietitian nutritionist", "licensed nutritionist", or any other
19title, designation, words, letters, abbreviations, or insignia
20holding oneself out as or indicating one as a provider of
21medical nutrition therapy or as licensed under this Act.
22    (c) A licensee shall include in every advertisement for
23services regulated under this Act his or her title as it
24appears on the license or the initials authorized under this
25Act. Advertisements shall not include false, fraudulent,
26deceptive, or misleading material or guarantees of success.



HB3585- 41 -LRB102 10930 SPS 16262 b

1(Source: P.A. 97-1141, eff. 12-28-12.)
2    (225 ILCS 30/95)  (from Ch. 111, par. 8401-95)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 95. Grounds for discipline.
5    (1) The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand, or take other
7disciplinary or non-disciplinary action as the Department may
8deem appropriate, including imposing fines not to exceed
9$10,000 for each violation, with regard to any license or
10certificate for any one or combination of the following
12        (a) Material misstatement in furnishing information to
13    the Department.
14        (b) Violations of this Act or of rules adopted under
15    this Act.
16        (c) Conviction by plea of guilty or nolo contendere,
17    finding of guilt, jury verdict, or entry of judgment or by
18    sentencing of any crime, including, but not limited to,
19    convictions, preceding sentences of supervision,
20    conditional discharge, or first offender probation, under
21    the laws of any jurisdiction of the United States (i) that
22    is a felony or (ii) that is a misdemeanor, an essential
23    element of which is dishonesty, or that is directly
24    related to the practice of the profession.
25        (d) Fraud or any misrepresentation in applying for or



HB3585- 42 -LRB102 10930 SPS 16262 b

1    procuring a license under this Act or in connection with
2    applying for renewal of a license under this Act.
3        (e) Professional incompetence or gross negligence.
4        (f) Malpractice.
5        (g) Aiding or assisting another person in violating
6    any provision of this Act or its rules.
7        (h) Failing to provide information within 60 days in
8    response to a written request made by the Department.
9        (i) Engaging in dishonorable, unethical or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public.
12        (j) Habitual or excessive use or abuse of drugs
13    defined in law as controlled substances, alcohol, or any
14    other substance that results in the inability to practice
15    with reasonable judgment, skill, or safety.
16        (k) Discipline by another state, the District of
17    Columbia, territory, country, or governmental agency if at
18    least one of the grounds for the discipline is the same or
19    substantially equivalent to those set forth in this Act.
20        (l) Charging for professional services not rendered,
21    including filing false statements for the collection of
22    fees for which services are not rendered. Nothing in this
23    paragraph (1) affects any bona fide independent contractor
24    or employment arrangements among health care
25    professionals, health facilities, health care providers,
26    or other entities, except as otherwise prohibited by law.



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1    Any employment arrangements may include provisions for
2    compensation, health insurance, pension, or other
3    employment benefits for the provision of services within
4    the scope of the licensee's practice under this Act.
5    Nothing in this paragraph (1) shall be construed to
6    require an employment arrangement to receive professional
7    fees for services rendered.
8        (m) A finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation.
11        (n) Willfully making or filing false records or
12    reports in his or her practice, including, but not limited
13    to, false records filed with State agencies or
14    departments.
15        (o) Allowing one's license under this Act to be used
16    by an unlicensed person in violation of this Act.
17        (p) Practicing under a false or, except as provided by
18    law, an assumed name.
19        (q) Gross and willful overcharging for professional
20    services.
21        (r) (Blank).
22        (s) Willfully failing to report an instance of
23    suspected child abuse or neglect as required by the Abused
24    and Neglected Child Reporting Act.
25        (t) Cheating on or attempting to subvert a licensing
26    examination administered under this Act.



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1        (u) Mental illness or disability that results in the
2    inability to practice under this Act with reasonable
3    judgment, skill, or safety.
4        (v) Physical illness, including, but not limited to,
5    deterioration through the aging process or loss of motor
6    skill that results in a licensee's inability to practice
7    under this Act with reasonable judgment, skill, or safety.
8        (w) Advising an individual to discontinue, reduce,
9    increase, or otherwise alter the intake of a drug
10    prescribed by a physician licensed to practice medicine in
11    all its branches or by a prescriber as defined in Section
12    102 of the Illinois Controlled Substances Act unless the
13    individual licensed under this Act is otherwise authorized
14    to do so.
15    (2) The Department may refuse to issue or may suspend
16without hearing, as provided for in the Code of Civil
17Procedure, the license of any person who fails to file a
18return, or pay the tax, penalty, or interest shown in a filed
19return, or pay any final assessment of the tax, penalty, or
20interest as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied in accordance
23with subsection (g) of Section 2105-15 of the Civil
24Administrative Code of Illinois.
25    (3) (Blank).
26    (4) In cases where the Department of Healthcare and Family



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1Services has previously determined a licensee or a potential
2licensee is more than 30 days delinquent in the payment of
3child support and has subsequently certified the delinquency
4to the Department, the Department may refuse to issue or renew
5or may revoke or suspend that person's license or may take
6other disciplinary action against that person based solely
7upon the certification of delinquency made by the Department
8of Healthcare and Family Services in accordance with item (5)
9of subsection (a) of Section 2105-15 of the Civil
10Administrative Code of Illinois.
11    (5) The determination by a circuit court that a licensee
12is subject to involuntary admission or judicial admission, as
13provided in the Mental Health and Developmental Disabilities
14Code, operates as an automatic suspension. The suspension
15shall end only upon a finding by a court that the patient is no
16longer subject to involuntary admission or judicial admission
17and the issuance of an order so finding and discharging the
19    (6) In enforcing this Act, the Department, upon a showing
20of a possible violation, may compel an individual licensed to
21practice under this Act, or who has applied for licensure
22under this Act, to submit to a mental or physical examination,
23or both, as required by and at the expense of the Department.
24The Department may order the examining physician to present
25testimony concerning the mental or physical examination of the
26licensee or applicant. No information shall be excluded by



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1reason of any common law or statutory privilege relating to
2communications between the licensee or applicant and the
3examining physician. The examining physicians shall be
4specifically designated by the Department. The individual to
5be examined may have, at his or her own expense, another
6physician of his or her choice present during all aspects of
7this examination. The examination shall be performed by a
8physician licensed to practice medicine in all its branches.
9Failure of an individual to submit to a mental or physical
10examination, when directed, shall result in an automatic
11suspension without hearing.
12    A person holding a license under this Act or who has
13applied for a license under this Act who, because of a physical
14or mental illness or disability, including, but not limited
15to, deterioration through the aging process or loss of motor
16skill, is unable to practice the profession with reasonable
17judgment, skill, or safety, may be required by the Department
18to submit to care, counseling, or treatment by physicians
19approved or designated by the Department as a condition, term,
20or restriction for continued, reinstated, or renewed licensure
21to practice. Submission to care, counseling, or treatment as
22required by the Department shall not be considered discipline
23of a license. If the licensee refuses to enter into a care,
24counseling, or treatment agreement or fails to abide by the
25terms of the agreement, then the Department may file a
26complaint to revoke, suspend, or otherwise discipline the



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1license of the individual. The Secretary may order the license
2suspended immediately, pending a hearing by the Department.
3Fines shall not be assessed in disciplinary actions involving
4physical or mental illness or impairment.
5    In instances in which the Secretary immediately suspends a
6person's license under this Section, a hearing on that
7person's license must be convened by the Department within 15
8days after the suspension and completed without appreciable
9delay. The Department shall have the authority to review the
10subject individual's record of treatment and counseling
11regarding the impairment to the extent permitted by applicable
12federal statutes and regulations safeguarding the
13confidentiality of medical records.
14    An individual licensed under this Act and affected under
15this Section shall be afforded an opportunity to demonstrate
16to the Department that he or she can resume practice in
17compliance with acceptable and prevailing standards under the
18provisions of his or her license.
19(Source: P.A. 100-872, eff. 8-14-18.)
20    (225 ILCS 30/100)  (from Ch. 111, par. 8401-100)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 100. Injunctions; cease and desist orders.
23    (a) If any person violates a provision of this Act, the
24Secretary may, in the name of the People of the State of
25Illinois through the Attorney General of the State of Illinois



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1or the State's Attorney of the county in which the violation is
2alleged to have occurred, petition for an order enjoining the
3violation or for an order enforcing compliance with this Act.
4Upon the filing of a verified petition, the court may issue a
5temporary restraining order, without notice or bond, and may
6preliminarily and permanently enjoin the violation. If it is
7established that the person has violated or is violating the
8injunction, the Court may punish the offender for contempt of
9court. Proceedings under this Section shall be in addition to,
10and not in lieu of, all other remedies and penalties provided
11by this Act.
12    (b) If any person provides, offers to provide, attempts to
13provide, practices as a dietitian nutritionist or holds
14himself or herself out as qualified, licensed, or able to
15provide medical nutrition therapy or holds himself or herself
16out as licensed or qualified to practice dietetics and
17nutrition or holds himself or herself out as a licensed
18dietitian nutritionist or licensed nutritionist or uses words
19or letters in connection with his or her name in violation of
20Section 80 such without having a valid license under this Act,
21then any licensee, any interested party, or any person injured
22thereby may, in addition to the Secretary, petition for relief
23as provided in subsection (a) of this Section.
24    (c) Whenever in the opinion of the Department any person
25violates any provision of this Act, the Department may issue a
26rule to show cause why an order to cease and desist should be



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1entered against him or her. The rule shall clearly set forth
2the grounds relied upon the Department and shall provide a
3period of 7 days from the date of the rule to file an answer to
4the satisfaction of the Department. Failure to answer to the
5satisfaction of the Department shall cause in order to cease
6and desist to be issued immediately.
7(Source: P.A. 97-1141, eff. 12-28-12.)
8    Section 99. Effective date. This Act takes effect January
91, 2022, except that this Section and Section 5 take effect
10upon becoming law.



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2 Statutes amended in order of appearance
3    5 ILCS 80/4.33
4    5 ILCS 80/4.41 new
5    225 ILCS 30/5from Ch. 111, par. 8401-5
6    225 ILCS 30/10from Ch. 111, par. 8401-10
7    225 ILCS 30/15from Ch. 111, par. 8401-15
8    225 ILCS 30/15.5
9    225 ILCS 30/17
10    225 ILCS 30/20from Ch. 111, par. 8401-20
11    225 ILCS 30/30from Ch. 111, par. 8401-30
12    225 ILCS 30/38 new
13    225 ILCS 30/45from Ch. 111, par. 8401-45
14    225 ILCS 30/46 new
15    225 ILCS 30/70from Ch. 111, par. 8401-70
16    225 ILCS 30/75from Ch. 111, par. 8401-75
17    225 ILCS 30/80from Ch. 111, par. 8401-80
18    225 ILCS 30/95from Ch. 111, par. 8401-95
19    225 ILCS 30/100from Ch. 111, par. 8401-100