Full Text of HB4126 97th General Assembly
HB4126enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.23 and by adding Section 4.33 as follows:
| 6 | | (5 ILCS 80/4.23)
| 7 | | Sec. 4.23. Acts and Sections repealed on January 1,
2013. | 8 | | The following Acts and Sections of Acts are
repealed on January | 9 | | 1, 2013:
| 10 | | The Dietetic and Nutrition Services Practice Act.
| 11 | | The Elevator Safety and Regulation Act.
| 12 | | The Fire Equipment Distributor and Employee Regulation Act | 13 | | of 2011. | 14 | | The Funeral Directors and Embalmers Licensing Code.
| 15 | | The Naprapathic Practice Act.
| 16 | | The Professional Counselor and Clinical Professional | 17 | | Counselor
Licensing Act.
| 18 | | The Wholesale Drug Distribution Licensing Act.
| 19 | | Section 2.5 of the Illinois Plumbing License Law.
| 20 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
| 21 | | (5 ILCS 80/4.33 new) | 22 | | Sec. 4.33. Act repealed on January 1, 2023. The following |
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| 1 | | Act is
repealed on January 1, 2023: | 2 | | The Naprapathic Practice Act. | 3 | | Section 5. The Naprapathic Practice Act is amended by | 4 | | changing Sections 10, 17, 25, 45, 57, 70, 85, 95, 100, 110, | 5 | | 115, 120, 125, 130, 140, 145, 150, 155, 160, 165, 170, 180, | 6 | | 190, and 200 and by adding Section 193 as follows:
| 7 | | (225 ILCS 63/10)
| 8 | | (Section scheduled to be repealed on January 1, 2013)
| 9 | | Sec. 10. Definitions. In this Act:
| 10 | | "Address of record" means the designated address recorded | 11 | | by the Department in the applicant's or licensee's application | 12 | | file or license file as maintained by the Department's | 13 | | licensure maintenance unit. It is the duty of the applicant or | 14 | | licensee to inform the Department of any change of address and | 15 | | those changes must be made either through the Department's | 16 | | website or by contacting the Department. | 17 | | "Naprapath" means a person who practices Naprapathy and who | 18 | | has met all
requirements as provided in the Act.
| 19 | | "Department" means the Department of Financial and | 20 | | Professional Regulation.
| 21 | | " Secretary Director " means the Secretary Director of the | 22 | | Department of Financial and Professional Regulation.
| 23 | | "Committee" means the Naprapathic Examining Committee | 24 | | appointed by the
Director.
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| 1 | | "Referral" means the following of guidance or direction to | 2 | | the naprapath
given by the licensed physician, dentist, or | 3 | | podiatrist who maintains
supervision of the patient.
| 4 | | "Documented current and relevant diagnosis" means a | 5 | | diagnosis, substantiated
by signature or oral verification of a | 6 | | licensed physician, dentist, or
podiatrist, that a patient's | 7 | | condition is such that it may be treated by
naprapathy as | 8 | | defined in this Act, which diagnosis shall remain in effect | 9 | | until
changed by the licensed physician, dentist, or | 10 | | podiatrist.
| 11 | | (Source: P.A. 87-1231.)
| 12 | | (225 ILCS 63/17)
| 13 | | (Section scheduled to be repealed on January 1, 2013)
| 14 | | Sec. 17. Educational and professional qualifications for | 15 | | licensure. A person may be qualified to receive a license as a | 16 | | naprapath if he
or she:
| 17 | | (1) is at least 18 years of age and of good moral | 18 | | character;
| 19 | | (2) has graduated from a 2 year college level program | 20 | | or its
equivalent approved by the Department;
| 21 | | (3) has graduated from a curriculum in naprapathy | 22 | | approved by the
Department. In approving a curriculum in | 23 | | naprapathy, the Department shall
consider, but not be bound | 24 | | by, a curriculum approved by the American
Naprapathic | 25 | | Association;
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| 1 | | (4) has passed an examination approved by the | 2 | | Department to
determine a person's fitness to practice as a | 3 | | naprapath; and
| 4 | | (5) has met all other requirements of the Act.
| 5 | | The Department has the right and may request a personal | 6 | | interview with an
applicant before the Committee to further | 7 | | evaluate a person's qualifications
for a license.
| 8 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 9 | | (225 ILCS 63/25)
| 10 | | (Section scheduled to be repealed on January 1, 2013)
| 11 | | Sec. 25. Title and designation of licensed naprapaths. | 12 | | Every person
to whom a valid existing license as a naprapath | 13 | | has been issued under this
Act shall be designated | 14 | | professionally a "naprapath", and not otherwise,
and any | 15 | | licensed naprapath may, in connection with the
practice of
his | 16 | | profession, use the title or designation of "naprapath", and, | 17 | | if
entitled by degree from a college or university recognized | 18 | | by the
Department of Professional Regulation , may use the title | 19 | | of "Doctor of
Naprapathy" or the abbreviation "D.N.". When the | 20 | | name of the licensed
naprapath is used professionally in oral, | 21 | | written, or
printed
announcements, professional cards, or | 22 | | publications for the information of
the public and is preceded | 23 | | by the title "Doctor" or the abbreviation
"Dr.", the | 24 | | explanatory designation of "naprapath", "naprapathy", "Doctor | 25 | | of
Naprapathy", or the designation "D.N." shall be added |
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| 1 | | immediately following
title and name. When the announcement, | 2 | | professional cards, or
publication is in writing or in print, | 3 | | the explanatory addition shall be
in writing, type, or print | 4 | | not less than 1/2 the size of that used in the
name and title. | 5 | | No person other than the holder of a valid existing
license | 6 | | under this Act shall use the title and designation of "Doctor | 7 | | of
Naprapathy", "D.N.", or "naprapath", either directly or | 8 | | indirectly, in
connection with his or her profession or | 9 | | business.
| 10 | | A naprapath licensed under this Act shall not hold himself | 11 | | or herself
out as a Doctor of Chiropractic unless he or she is | 12 | | licensed as a Doctor of
Chiropractic under the Medical Practice | 13 | | Act of 1987 or any successor Act.
| 14 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 15 | | (225 ILCS 63/45)
| 16 | | (Section scheduled to be repealed on January 1, 2013)
| 17 | | Sec. 45. Powers and duties of the Department; rules; | 18 | | reports. The
Department shall exercise the powers and duties | 19 | | prescribed by the Civil
Administrative Code of Illinois for the | 20 | | administration of licensing Acts
and shall exercise any other | 21 | | powers and duties necessary for effectuating
the purposes of | 22 | | this Act.
| 23 | | The Department may promulgate rules consistent with
the | 24 | | provisions of
this Act for its administration and enforcement | 25 | | and may prescribe
forms which shall be issued in connection |
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| 1 | | with this Act. The rules may
include standards and criteria for | 2 | | licensure, and professional conduct
and discipline.
| 3 | | The Department shall consult with the Committee in | 4 | | promulgating rules.
Notice of proposed rulemaking shall be | 5 | | transmitted to the Committee and the
Department shall review | 6 | | the Committee's responses and any recommendations
made by the | 7 | | Committee. The Department may solicit the advice of the | 8 | | Committee
on any
matter
relating to the administration and | 9 | | enforcement of this Act.
Nothing shall limit the ability of the | 10 | | Committee to provide recommendations
to the Director regarding | 11 | | any matter affecting the administration of this
Act.
| 12 | | The Department shall issue quarterly to the Committee a | 13 | | status report of
all complaints related to the profession | 14 | | received by the Department.
| 15 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 16 | | (225 ILCS 63/57)
| 17 | | (Section scheduled to be repealed on January 1, 2013)
| 18 | | Sec. 57. Social Security Number on license application. In | 19 | | addition
to any other information required to be contained in | 20 | | the application, every
application for an original , renewal, | 21 | | reinstated, or restored license under
this
Act shall include | 22 | | the applicant's Social Security Number, which shall be retained | 23 | | in the agency's records pertaining to the license. As soon as | 24 | | practical, the Department shall assign a customer's | 25 | | identification number to each applicant for a license. |
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| 1 | | Every application for a renewal, reinstated, or restored | 2 | | license shall require the applicant's customer identification | 3 | | number.
| 4 | | (Source: P.A. 97-400, eff. 1-1-12.)
| 5 | | (225 ILCS 63/70)
| 6 | | (Section scheduled to be repealed on January 1, 2013)
| 7 | | Sec. 70.
Renewal, reinstatement or restoration of | 8 | | licenses; military
service. The expiration date and renewal | 9 | | period for each license issued
under this Act shall be set by | 10 | | rule.
| 11 | | All renewal applicants shall provide proof of having met | 12 | | the requirements
of continuing education set forth in the rules | 13 | | of the Department. The
Department shall, by rule, provide for | 14 | | an orderly process for the
reinstatement of licenses that have | 15 | | not been renewed due to failure to
meet the continuing | 16 | | education requirements. The continuing education
requirements | 17 | | may be waived in cases of extreme hardship as defined by rules
| 18 | | of the Department.
| 19 | | Any naprapath who has permitted his or her license to | 20 | | expire or who has
had his or her license on inactive status may | 21 | | have his or her license restored
by making application to the | 22 | | Department and filing proof acceptable to the
Department of | 23 | | fitness to have the license restored and by paying the required
| 24 | | fees. Proof of fitness may include sworn evidence certifying to | 25 | | active lawful
practice in another jurisdiction.
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| 1 | | If the licensee has not maintained an active practice in | 2 | | another jurisdiction satisfactory to the Department, then the | 3 | | The Department shall determine, by an evaluation program | 4 | | established by
rule, fitness for restoration of the license and | 5 | | shall establish
procedures and requirements for restoration.
| 6 | | Any naprapath whose license expired while he or she was (i) | 7 | | in
federal service on active duty with the Armed Forces of the | 8 | | United States or
the
State Militia called into service or | 9 | | training or (ii) in training or
education under the supervision | 10 | | of the United States preliminary to
induction into the military | 11 | | service, however, may have his or her license
restored without | 12 | | paying any lapsed renewal fees if within 2 years after
| 13 | | honorable termination of service, training, or education, he or | 14 | | she furnishes
the Department with satisfactory evidence to the | 15 | | effect that he or she has been
so engaged and that his or her | 16 | | service, training, or education has been so
terminated.
| 17 | | (Source: P.A. 87-1231.)
| 18 | | (225 ILCS 63/85)
| 19 | | (Section scheduled to be repealed on January 1, 2013)
| 20 | | Sec. 85. Fees.
| 21 | | (a) The Department shall provide by rule for a schedule of | 22 | | fees for the
administration and
enforcement of this Act, | 23 | | including but not limited to original licensure,
renewal, and
| 24 | | restoration. The fees shall be nonrefundable.
| 25 | | All fees , fines, and penalties collected under this Act |
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| 1 | | shall be deposited into the General
Professions
Dedicated Fund | 2 | | and shall be appropriated to the Department for the ordinary | 3 | | and
contingent expenses of the Department in the administration | 4 | | of this Act.
| 5 | | (b) An applicant for the examination
shall be required to | 6 | | pay, either to the Department or to the designated testing
| 7 | | service, a fee covering the cost of initial screening to | 8 | | determine an
applicant's eligibility and
providing the | 9 | | examination. Failure to appear for the examination on the
| 10 | | scheduled date, at the time and place specified, after the | 11 | | applicant's
application for examination has been received and
| 12 | | acknowledged by the
Department or the designated testing | 13 | | service, shall result in the forfeiture of
the examination fee.
| 14 | | (Source: P.A. 92-655, eff. 7-16-02.)
| 15 | | (225 ILCS 63/95)
| 16 | | (Section scheduled to be repealed on January 1, 2013)
| 17 | | Sec. 95. Roster. The Department shall maintain a roster of | 18 | | the names and
addresses of record of all licensees and of all | 19 | | persons whose licenses have been
suspended or revoked. This | 20 | | roster shall be available upon written request
and payment of | 21 | | the required fee.
| 22 | | (Source: P.A. 87-1231.)
| 23 | | (225 ILCS 63/100)
| 24 | | (Section scheduled to be repealed on January 1, 2013)
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| 1 | | Sec. 100. Advertising.
| 2 | | (a) Any person licensed under this Act may
advertise the | 3 | | availability of professional services in the public media or
on | 4 | | the premises where professional services are rendered if the | 5 | | advertising
is truthful and not misleading and is in conformity | 6 | | with any rules
promulgated
by the Department.
| 7 | | (b) A licensee shall include in every advertisement for | 8 | | services regulated
under
this Act his or her title as it | 9 | | appears on the license or the initials
authorized under this | 10 | | Act. Advertisements shall not include false, fraudulent, | 11 | | deceptive, or misleading material or guarantees of success.
| 12 | | (Source: P.A. 91-310, eff. 1-1-00.)
| 13 | | (225 ILCS 63/110)
| 14 | | (Section scheduled to be repealed on January 1, 2013)
| 15 | | Sec. 110. Grounds for disciplinary action; refusal, | 16 | | revocation,
suspension. | 17 | | (a) The Department may refuse to issue or to renew, or may | 18 | | revoke, suspend,
place on probation, reprimand or take other | 19 | | disciplinary or non-disciplinary action as
the
Department may | 20 | | deem appropriate proper , including imposing fines not to exceed | 21 | | $10,000 $5,000 for each
violation, with regard to any licensee | 22 | | or license for any one or
combination of
the
following causes:
| 23 | | (1) Violations of this Act or of its rules adopted | 24 | | under this Act .
| 25 | | (2) Material misstatement in furnishing information to |
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| 1 | | the Department.
| 2 | | (3) Conviction by plea of guilty or nolo contendere, | 3 | | finding of guilt, jury verdict, or entry of judgment, or by | 4 | | sentencing of any crime, including, but not limited to, | 5 | | convictions, preceding sentences of supervision, | 6 | | conditional discharge, or first offender probation, under | 7 | | the laws of any jurisdiction of the United States: (i) that | 8 | | is a felony or (ii) that is a misdemeanor, an essential | 9 | | element of which is dishonesty, or that is directly related | 10 | | to the practice of the profession. Conviction of any crime | 11 | | under the laws of any U.S. jurisdiction
that is (i) a | 12 | | felony, (ii) a misdemeanor, an essential element of which | 13 | | is
dishonesty, or (iii) directly related to the practice of | 14 | | the profession.
| 15 | | (4) Fraud or Making any misrepresentation in applying | 16 | | for or procuring a license under this Act or in connection | 17 | | with applying for renewal of a license under this Act for | 18 | | the purpose of obtaining
a license .
| 19 | | (5) Professional incompetence or gross negligence.
| 20 | | (6) Malpractice Gross malpractice .
| 21 | | (7) Aiding or assisting another person in violating any
| 22 | | provision of
this Act or its rules.
| 23 | | (8) Failing to provide information within 60 days in | 24 | | response
to a
written request made by the Department.
| 25 | | (9) Engaging in dishonorable, unethical, or | 26 | | unprofessional
conduct of a
character likely to deceive, |
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| 1 | | defraud, or harm the public.
| 2 | | (10) Habitual or excessive use or abuse of drugs | 3 | | defined in law as controlled substances, alcohol, | 4 | | addiction to alcohol,
narcotics,
stimulants, or any other | 5 | | substance which chemical agent or drug that results in the
| 6 | | inability to practice with reasonable judgment, skill, or | 7 | | safety.
| 8 | | (11) Discipline by another U.S. jurisdiction or | 9 | | foreign
nation if at
least one of the grounds for the | 10 | | discipline is the same or substantially
equivalent to those | 11 | | set forth in this Act.
| 12 | | (12) Directly or indirectly giving to or receiving from | 13 | | any
person, firm,
corporation, partnership, or association | 14 | | any fee, commission, rebate, or
other form of compensation | 15 | | for any professional services not actually or
personally | 16 | | rendered. This shall not be deemed to include rent or other
| 17 | | remunerations paid to an individual, partnership, or | 18 | | corporation by a
naprapath for the lease, rental, or use of | 19 | | space, owned or controlled by
the individual, partnership, | 20 | | corporation, or association. Nothing in this paragraph | 21 | | (12) affects any bona fide independent contractor or | 22 | | employment arrangements among health care professionals, | 23 | | health facilities, health care providers, or other | 24 | | entities, except as otherwise prohibited by law. Any | 25 | | employment arrangements may include provisions for | 26 | | compensation, health insurance, pension, or other |
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| 1 | | employment benefits for the provision of services within | 2 | | the scope of the licensee's practice under this Act. | 3 | | Nothing in this paragraph (12) shall be construed to | 4 | | require an employment arrangement to receive professional | 5 | | fees for services rendered.
| 6 | | (13) Using the title "Doctor" or its abbreviation | 7 | | without further
clarifying that title or abbreviation with | 8 | | the word "naprapath" or "naprapathy"
or the designation | 9 | | "D.N.".
| 10 | | (14) A finding by the Department that the licensee, | 11 | | after
having his
or her license placed on probationary | 12 | | status, has violated the terms of
probation.
| 13 | | (15) Abandonment of a patient without cause.
| 14 | | (16) Willfully making or filing false records or | 15 | | reports
relating to a licensee's
practice, including but | 16 | | not limited to, false records filed with State
agencies or | 17 | | departments.
| 18 | | (17) Willfully failing to report an instance of | 19 | | suspected
child abuse or
neglect as required by the Abused | 20 | | and Neglected Child Reporting Act.
| 21 | | (18) Physical or mental illness or disability , | 22 | | including , but not limited to,
deterioration
through the | 23 | | aging process or loss of motor skill that results in the
| 24 | | inability to practice the profession with reasonable | 25 | | judgment, skill,
or safety.
| 26 | | (19) Solicitation of professional services by means |
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| 1 | | other
than
permitted advertising.
| 2 | | (20) Failure to provide a patient with a copy of his or | 3 | | her
record
upon the written request of the patient.
| 4 | | (21) Cheating on or attempting to subvert the licensing | 5 | | examination administered under this Act. Conviction by any | 6 | | court of competent jurisdiction,
either within or
without | 7 | | this State, of any violation of any law governing the | 8 | | practice of
naprapathy, conviction in this or another state | 9 | | of any crime which is a
felony under the laws of this State | 10 | | or conviction of a felony in a federal
court, if the | 11 | | Department determines, after investigation, that the | 12 | | person
has not been sufficiently rehabilitated to warrant | 13 | | the public trust.
| 14 | | (22) Allowing one's license under this Act to be used | 15 | | by an unlicensed person in violation of this Act. A finding | 16 | | that licensure has been applied for or
obtained by
| 17 | | fraudulent means.
| 18 | | (23) (Blank). Continued practice by a person knowingly | 19 | | having an
infectious or
contagious disease.
| 20 | | (24) Being named as a perpetrator in an indicated | 21 | | report by
the
Department of Children and Family Services | 22 | | under the Abused and Neglected
Child Reporting Act and upon | 23 | | proof by clear and convincing evidence that the
licensee | 24 | | has caused a child to be an abused child or a neglected | 25 | | child as
defined in the Abused and Neglected Child | 26 | | Reporting Act.
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| 1 | | (25) Practicing under a false or, except as provided by | 2 | | law, an assumed name or attempting to practice under a name | 3 | | other
than the
full name shown on the license .
| 4 | | (26) Immoral conduct in the commission of any act, such | 5 | | as
sexual abuse,
sexual misconduct, or sexual | 6 | | exploitation, related to the licensee's practice.
| 7 | | (27) Maintaining a professional relationship with any | 8 | | person,
firm, or
corporation when the naprapath knows, or | 9 | | should know, that the person,
firm, or corporation is | 10 | | violating this Act.
| 11 | | (28) Promotion of the sale of food supplements, | 12 | | devices,
appliances, or
goods provided for a client or | 13 | | patient in such manner as to exploit the
patient or client | 14 | | for financial gain of the licensee.
| 15 | | (29) Having treated ailments of human beings other than | 16 | | by
the
practice of naprapathy as defined in this Act, or | 17 | | having treated ailments
of human beings as a licensed | 18 | | naprapath independent of a documented
referral or | 19 | | documented current and relevant diagnosis from a | 20 | | physician,
dentist, or podiatrist, or having failed to | 21 | | notify the physician, dentist,
or podiatrist who | 22 | | established a documented current and relevant
diagnosis | 23 | | that the patient is receiving naprapathic treatment | 24 | | pursuant to
that diagnosis.
| 25 | | (30) Use by a registered naprapath of the word | 26 | | "infirmary",
"hospital",
"school", "university", in |
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| 1 | | English or any other language, in connection
with the place | 2 | | where naprapathy may be practiced or demonstrated.
| 3 | | (31) Continuance of a naprapath in the employ of any | 4 | | person,
firm, or
corporation, or as an assistant to any | 5 | | naprapath or naprapaths, directly or
indirectly, after his | 6 | | or her employer or superior has been found guilty of
| 7 | | violating or has been enjoined from violating the laws of | 8 | | the State of
Illinois relating to the practice of | 9 | | naprapathy when the employer or
superior persists in that | 10 | | violation.
| 11 | | (32) The performance of naprapathic service in | 12 | | conjunction
with a scheme
or plan with another person, | 13 | | firm, or corporation known to be advertising in
a manner | 14 | | contrary to this Act or otherwise violating the laws of the | 15 | | State
of Illinois concerning the practice of naprapathy.
| 16 | | (33) Failure to provide satisfactory proof of having
| 17 | | participated in
approved continuing education programs as | 18 | | determined by the Committee and
approved by the Secretary | 19 | | Director . Exceptions for extreme hardships are to be
| 20 | | defined by the rules of the Department.
| 21 | | (34) (Blank). Willfully making or filing false records | 22 | | or reports in
the practice
of naprapathy, including, but | 23 | | not limited to, false records to support
claims against the | 24 | | medical assistance program of the Department of Healthcare | 25 | | and Family Services (formerly Department of Public
Aid)
| 26 | | under the Illinois Public Aid Code.
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| 1 | | (35) Gross or willful overcharging for
professional | 2 | | services
including
filing false statements for collection | 3 | | of fees for which services are not
rendered, including, but | 4 | | not limited to, filing false statements for
collection of | 5 | | monies for services not rendered from the medical | 6 | | assistance
program of the Department of Healthcare and | 7 | | Family Services (formerly Department of Public Aid) under | 8 | | the Illinois Public Aid Code .
| 9 | | (36) (Blank). Mental illness, including, but not | 10 | | limited to, deterioration
through
the aging process or loss | 11 | | of motor skill that results in the inability to
practice | 12 | | the profession with reasonable judgment, skill, or safety.
| 13 | | All fines imposed under this Section shall be paid within | 14 | | 60 days after the effective date of the order imposing the | 15 | | fine. | 16 | | (b) The Department may refuse to issue or may suspend | 17 | | without hearing, as provided for in the Department of | 18 | | Professional Regulation Law of the Civil Administrative Code, | 19 | | the license of any person who fails to file a return, or pay | 20 | | the tax, penalty, or interest shown in a filed return, or pay | 21 | | any final assessment of the tax, penalty, or interest as | 22 | | required by any tax Act administered by the Illinois Department | 23 | | of Revenue, until such time as the requirements of any such tax | 24 | | Act are satisfied in accordance with subsection (g) of Section | 25 | | 2105-15 of the Department of Professional Regulation Law of the | 26 | | Civil Administrative Code of Illinois. |
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| 1 | | (c) The Department shall deny a license or renewal | 2 | | authorized by this Act to a person who has defaulted on an | 3 | | educational loan or scholarship provided or guaranteed by the | 4 | | Illinois Student Assistance Commission or any governmental | 5 | | agency of this State in accordance with item (5) of subsection | 6 | | (a) of Section 2105-15 of the Department of Professional | 7 | | Regulation Law of the Civil Administrative Code of Illinois. | 8 | | (d) In cases where the Department of Healthcare and Family | 9 | | Services has previously determined a licensee or a potential | 10 | | licensee is more than 30 days delinquent in the payment of | 11 | | child support and has subsequently certified the delinquency to | 12 | | the Department, the Department may refuse to issue or renew or | 13 | | may revoke or suspend that person's license or may take other | 14 | | disciplinary action against that person based solely upon the | 15 | | certification of delinquency made by the Department of | 16 | | Healthcare and Family Services in accordance with item (5) of | 17 | | subsection (a) of Section 2105-15 of the Department of | 18 | | Professional Regulation Law of the Civil Administrative Code of | 19 | | Illinois. | 20 | | (e) The determination by a circuit court that a licensee is | 21 | | subject to involuntary admission or judicial admission, as | 22 | | provided in the Mental Health and Development Disabilities | 23 | | Code, operates as an automatic suspension. The suspension shall | 24 | | end only upon a finding by a court that the patient is no | 25 | | longer subject to involuntary admission or judicial admission | 26 | | and the issuance of an order so finding and discharging the |
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| 1 | | patient. | 2 | | (f) In enforcing this Act, the Department, upon a showing | 3 | | of a possible violation, may compel an individual licensed to | 4 | | practice under this Act, or who has applied for licensure under | 5 | | this Act, to submit to a mental or physical examination and | 6 | | evaluation, or both, which may include a substance abuse or | 7 | | sexual offender evaluation, as required by and at the expense | 8 | | of the Department. The Department shall specifically designate | 9 | | the examining physician licensed to practice medicine in all of | 10 | | its branches or, if applicable, the multidisciplinary team | 11 | | involved in providing the mental or physical examination and | 12 | | evaluation, or both. The multidisciplinary team shall be led by | 13 | | a physician licensed to practice medicine in all of its | 14 | | branches and may consist of one or more or a combination of | 15 | | physicians licensed to practice medicine in all of its | 16 | | branches, licensed chiropractic physicians, licensed clinical | 17 | | psychologists, licensed clinical social workers, licensed | 18 | | clinical professional counselors, and other professional and | 19 | | administrative staff. Any examining physician or member of the | 20 | | multidisciplinary team may require any person ordered to submit | 21 | | to an examination and evaluation pursuant to this Section to | 22 | | submit to any additional supplemental testing deemed necessary | 23 | | to complete any examination or evaluation process, including, | 24 | | but not limited to, blood testing, urinalysis, psychological | 25 | | testing, or neuropsychological testing. | 26 | | The Department may order the examining physician or any |
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| 1 | | member of the multidisciplinary team to provide to the | 2 | | Department any and all records including business records that | 3 | | relate to the examination and evaluation, including any | 4 | | supplemental testing performed. The Department may order the | 5 | | examining physician or any member of the multidisciplinary team | 6 | | to present testimony concerning the examination and evaluation | 7 | | of the licensee or applicant, including testimony concerning | 8 | | any supplemental testing or documents in any way related to the | 9 | | examination and evaluation. No information, report, record, or | 10 | | other documents in any way related to the examination and | 11 | | evaluation shall be excluded by reason of any common law or | 12 | | statutory privilege relating to communications between the | 13 | | licensee or applicant and the examining physician or any member | 14 | | of the multidisciplinary team. No authorization is necessary | 15 | | from the licensee or applicant ordered to undergo an evaluation | 16 | | and examination for the examining physician or any member of | 17 | | the multidisciplinary team to provide information, reports, | 18 | | records, or other documents or to provide any testimony | 19 | | regarding the examination and evaluation. The individual to be | 20 | | examined may have, at his or her own expense, another physician | 21 | | of his or her choice present during all aspects of this | 22 | | examination. Failure of an individual to submit to a mental or | 23 | | physical examination and evaluation, or both, when directed, | 24 | | shall result in an automatic suspension without hearing, until | 25 | | such time as the individual submits to the examination. | 26 | | A person holding a license under this Act or who has |
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| 1 | | applied for a license under this Act who, because of a physical | 2 | | or mental illness or disability, including, but not limited to, | 3 | | deterioration through the aging process or loss of motor skill, | 4 | | is unable to practice the profession with reasonable judgment, | 5 | | skill, or safety, may be required by the Department to submit | 6 | | to care, counseling, or treatment by physicians approved or | 7 | | designated by the Department as a condition, term, or | 8 | | restriction for continued, reinstated, or renewed licensure to | 9 | | practice. Submission to care, counseling, or treatment as | 10 | | required by the Department shall not be considered discipline | 11 | | of a license. If the licensee refuses to enter into a care, | 12 | | counseling, or treatment agreement or fails to abide by the | 13 | | terms of the agreement, the Department may file a complaint to | 14 | | revoke, suspend, or otherwise discipline the license of the | 15 | | individual. The Secretary may order the license suspended | 16 | | immediately, pending a hearing by the Department. Fines shall | 17 | | not be assessed in disciplinary actions involving physical or | 18 | | mental illness or impairment. | 19 | | In instances in which the Secretary immediately suspends a | 20 | | person's license under this Section, a hearing on that person's | 21 | | license must be convened by the Department within 15 days after | 22 | | the suspension and completed without appreciable delay. The | 23 | | Department shall have the authority to review the subject | 24 | | individual's record of treatment and counseling regarding the | 25 | | impairment to the extent permitted by applicable federal | 26 | | statutes and regulations safeguarding the confidentiality of |
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| 1 | | medical records. | 2 | | An individual licensed under this Act and affected under | 3 | | this Section shall be afforded an opportunity to demonstrate to | 4 | | the Department that he or she can resume practice in compliance | 5 | | with acceptable and prevailing standards under the provisions | 6 | | of his or her license. | 7 | | The Department may refuse to issue or may suspend the | 8 | | license of any
person who fails to (i) file a return or to pay | 9 | | the tax, penalty or interest
shown in a filed return or (ii) | 10 | | pay any final assessment of the tax, penalty,
or interest as | 11 | | required by any tax Act administered by the Illinois
Department | 12 | | of Revenue, until the time that the requirements of that tax
| 13 | | Act are satisfied.
| 14 | | (b) The determination by a circuit court that a licensee is | 15 | | subject to
involuntary admission or judicial admission as | 16 | | provided in the Mental
Health and Developmental Disabilities | 17 | | Code operates as an
automatic suspension. The suspension will | 18 | | end only upon a finding by a
court that the patient is no | 19 | | longer subject to involuntary admission or
judicial admission, | 20 | | the issuance of an order so finding and discharging the
| 21 | | patient, and the recommendation of the Committee to the | 22 | | Director that
the licensee be allowed to resume his or her | 23 | | practice.
| 24 | | (c) In enforcing this Section, the Department, upon a | 25 | | showing of a
possible
violation, may compel any person licensed | 26 | | to practice under this Act or who has
applied
for licensure or |
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| 1 | | certification pursuant to this Act to submit to a mental or
| 2 | | physical
examination, or both, as required by and at the | 3 | | expense of the Department. The
examining physicians shall be | 4 | | those specifically designated by the Department.
The
| 5 | | Department may order the examining physician to present | 6 | | testimony concerning
this
mental or physical examination of the | 7 | | licensee or applicant. No information
shall be
excluded by | 8 | | reason of any common law or statutory privilege relating to
| 9 | | communications
between the licensee or applicant and the | 10 | | examining physician. The person to be
examined may have, at his | 11 | | or her own expense, another physician of his or her
choice
| 12 | | present during all aspects of the examination. Failure of any | 13 | | person to submit
to a mental
or physical examination, when | 14 | | directed, shall be grounds for suspension of a
license until
| 15 | | the person submits to the examination if the Department finds, | 16 | | after notice and
hearing,
that the refusal to submit to the | 17 | | examination was without reasonable cause.
| 18 | | If the Department finds an individual unable to practice | 19 | | because of the
reasons set
forth in this Section, the | 20 | | Department may require that individual to submit to
care,
| 21 | | counseling, or treatment by physicians approved or designated | 22 | | by the
Department, as a
condition, term, or restriction for | 23 | | continued, reinstated, or renewed licensure
to practice
or, in | 24 | | lieu of care, counseling, or treatment, the Department may file | 25 | | a
complaint to
immediately suspend, revoke, or otherwise | 26 | | discipline the license of the
individual.
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| 1 | | Any person whose license was granted, continued, | 2 | | reinstated, renewed,
disciplined, or supervised subject to | 3 | | such terms, conditions, or restrictions
and
who fails to comply | 4 | | with such terms, conditions, or restrictions shall be
referred | 5 | | to
the Director for a determination as to whether the person | 6 | | shall have his or her
license suspended immediately, pending a | 7 | | hearing by the Department.
| 8 | | In instances in which the Director immediately suspends a | 9 | | person's license
under this Section, a hearing on that person's | 10 | | license must be convened by the
Department within 15 days after | 11 | | the suspension and completed without
appreciable delay. The | 12 | | Department shall have the authority to review the
subject
| 13 | | person's record of treatment and counseling regarding the | 14 | | impairment, to the
extent permitted by applicable federal | 15 | | statutes and regulations safeguarding
the
confidentiality of | 16 | | medical records.
| 17 | | A person licensed under this Act and affected under this | 18 | | Section shall be
afforded an opportunity to demonstrate to the | 19 | | Department that he or she can
resume practice in compliance | 20 | | with acceptable and prevailing standards under
the
provisions | 21 | | of his or her license.
| 22 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1482, eff. 11-29-10.)
| 23 | | (225 ILCS 63/115)
| 24 | | (Section scheduled to be repealed on January 1, 2013)
| 25 | | Sec. 115. Returned checks; fines. Any person who delivers a |
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| 1 | | check or other
payment to the Department that is returned to | 2 | | the Department
unpaid by the
financial institution upon which | 3 | | it is drawn shall pay to the Department, in
addition to the | 4 | | amount
already owed to the Department, a fine of $50. The fines
| 5 | | imposed by this Section
are in addition to any other discipline | 6 | | provided
under this Act for unlicensed practice or practice on | 7 | | a nonrenewed
license. The Department
shall notify the person | 8 | | that fees and fines shall be paid to the
Department by | 9 | | certified check or money order
within 30 calendar days of the | 10 | | notification. If, after the expiration of 30 days from the date | 11 | | of the
notification, the person has failed to submit the | 12 | | necessary remittance,
the Department shall automatically | 13 | | terminate the license or certificate or deny
the application, | 14 | | without hearing. If, after termination or denial, the
person | 15 | | seeks a license or
certificate,
he or she shall apply to the | 16 | | Department for restoration or
issuance of the
license or | 17 | | certificate and pay all fees and fines due to the
Department. | 18 | | The Department may establish a
fee for the processing of an | 19 | | application for restoration of a license or
certificate to | 20 | | defray all expenses of processing
the application. The | 21 | | Secretary Director may waive the fines
due under
this Section | 22 | | in
individual cases where the Secretary Director finds that the | 23 | | fines would be unreasonable
or
unnecessarily burdensome.
| 24 | | (Source: P.A. 92-146, eff. 1-1-02.)
| 25 | | (225 ILCS 63/120)
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| 1 | | (Section scheduled to be repealed on January 1, 2013)
| 2 | | Sec. 120. Injunctions; cease and desist orders.
| 3 | | (a) If any person violates the provision of this Act, the | 4 | | Secretary Director may,
in the name of the People of the State | 5 | | of Illinois, through the Attorney
General of the State of | 6 | | Illinois or the State's Attorney of any county in which
the | 7 | | violation is alleged to have occurred action is brought , | 8 | | petition for an order enjoining the violation or for an
order | 9 | | enforcing compliance with this Act. Upon the filing of a | 10 | | verified
petition in court, the court may issue a temporary | 11 | | restraining order, without
notice or bond, and may | 12 | | preliminarily and permanently enjoin the violation. If
it is | 13 | | established that the person has violated or is violating the | 14 | | injunction,
the Court may punish the offender for contempt of | 15 | | court. Proceedings under
this Section shall be in addition to, | 16 | | and not in lieu of, all other remedies
and penalties provided | 17 | | by this Act.
| 18 | | (b) If any person practices as a naprapath or holds himself | 19 | | or herself out
as a naprapath without being licensed under the | 20 | | provisions of this Act then any
licensed naprapath, any | 21 | | interested party, or any person injured thereby may, in
| 22 | | addition to the Secretary Director , petition for relief as | 23 | | provided in subsection (a) of
this Section.
| 24 | | (c) Whenever in the opinion of the Department any person | 25 | | violates any
provision of this Act, the Department may issue a | 26 | | rule to show cause why an
order to cease and desist should not |
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| 1 | | be entered against that
person. The rule
shall clearly set | 2 | | forth the grounds relied upon by the Department and shall
| 3 | | provide a period of 7 days from the date of the rule to file an | 4 | | answer to
the satisfaction of the Department. Failure to answer | 5 | | to the satisfaction
of the Department shall cause an order to | 6 | | cease and desist to be issued
immediately.
| 7 | | (Source: P.A. 89-61, eff. 6-30-95; 90-655, eff. 7-30-98.)
| 8 | | (225 ILCS 63/125)
| 9 | | (Section scheduled to be repealed on January 1, 2013)
| 10 | | Sec. 125. Investigation; notice; hearing. The Department | 11 | | may investigate
the actions of any applicant or of any person | 12 | | or persons holding or claiming to
hold a license. Before | 13 | | refusing to issue, refusing to renew, or taking any
| 14 | | disciplinary action under Section 110 regarding a license, the | 15 | | Department shall, at least 30 days
prior to the date set for | 16 | | the hearing, notify in writing the applicant for, or
holder of, | 17 | | a license of the nature of any charges and that a hearing will | 18 | | be
held on a date designated. The Department shall direct the | 19 | | applicant or
licensee to file a written answer with the | 20 | | Department Committee under oath within 20 days
after the | 21 | | service of the notice and inform the applicant or licensee that
| 22 | | failure to file an answer shall result in default being taken | 23 | | against the
applicant or licensee . At the time and place fixed | 24 | | in the notice, the Department shall proceed to hear the charges | 25 | | and the parties or their counsel shall be accorded ample |
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| 1 | | opportunity to present any pertinent statements, testimony, | 2 | | evidence, and arguments. The Department may continue the | 3 | | hearing from time to time. If the person, after receiving the | 4 | | notice, fails to file an answer, his or her license may, in the | 5 | | discretion of the Department, be revoked, suspended, or placed | 6 | | on probationary status or the Department may take whatever | 7 | | disciplinary action considered proper, including limiting the | 8 | | scope, nature, or extent of the person's practice under the | 9 | | Act. The written notice in the subsequent proceeding may be | 10 | | served by registered or certified mail to the licensee's | 11 | | address of record. and that the license or certificate may be | 12 | | suspended,
revoked, or placed on probationary status, or that | 13 | | other disciplinary action
may be taken, including limiting the | 14 | | scope, nature, or extent of practice, as
the Director may deem | 15 | | proper. Written notice may be served by personal
delivery or | 16 | | certified or registered mail to the respondent at the address | 17 | | of
his or her last notification to the Department. If the | 18 | | person fails to file an
answer after receiving notice, his or | 19 | | her license or certificate may, in the
discretion of the | 20 | | Department, be suspended, revoked, or placed on probationary
| 21 | | status, or the Department may take any disciplinary action | 22 | | deemed proper,
including limiting the scope, nature, or extent | 23 | | of the person's practice or the
imposition of a fine, without a | 24 | | hearing, if the act or acts charged constitute
sufficient | 25 | | grounds for such action under this Act. At the time and place | 26 | | fixed
in the notice, the Committee shall proceed to hear the |
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| 1 | | charges and the parties
or their counsel shall be accorded | 2 | | ample opportunity to present such
statements, testimony, | 3 | | evidence and argument as may be pertinent to the charges
or to | 4 | | their defense. The Committee may continue a hearing from time | 5 | | to time.
| 6 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 7 | | (225 ILCS 63/130)
| 8 | | (Section scheduled to be repealed on January 1, 2013)
| 9 | | Sec. 130. Formal hearing; preservation of record. The | 10 | | Department, at
its expense, shall preserve a record of all | 11 | | proceedings at the formal hearing
of any case. The notice of | 12 | | hearing, complaint, and all other documents in the
nature of | 13 | | pleadings and written motions filed in the proceedings, the
| 14 | | transcript of testimony, the report of the Committee or hearing | 15 | | officer, and
order of the Department shall be the record of the | 16 | | proceeding.
The Department shall furnish a transcript of the | 17 | | record to any person
interested in the hearing upon payment of | 18 | | the fee required under Section
2105-115 of the Department of | 19 | | Professional Regulation Law (20 ILCS
2105/2105-115).
| 20 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 21 | | (225 ILCS 63/140)
| 22 | | (Section scheduled to be repealed on January 1, 2013)
| 23 | | Sec. 140. Subpoena; oaths. | 24 | | (a) The Department may shall have power to
subpoena and |
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| 1 | | bring before it any person in this State and to take the oral | 2 | | or written testimony
or compel the production of any books, | 3 | | papers, records, or any other documents that the Secretary or | 4 | | his or her designee deems relevant or material to any | 5 | | investigation or hearing conducted by the Department either | 6 | | orally or by deposition or both with the same fees and mileage | 7 | | and in
the same manner as prescribed in civil cases in
circuit | 8 | | courts of this State.
| 9 | | (b) The Secretary Director , the designated hearing | 10 | | officer, and a certified shorthand court reporter may every
| 11 | | member of the Committee has power to administer oaths to
| 12 | | witnesses at any hearing that the Department conducts is | 13 | | authorized to conduct and any
other oaths authorized in any Act | 14 | | administered by the Department . Notwithstanding any other | 15 | | statute or Department rule to the contrary, all requests for | 16 | | testimony, production of documents, or records shall be in | 17 | | accordance with this Act. | 18 | | (c) Any circuit
court may , upon application of the | 19 | | Department or licensee, may its designee or upon
application of | 20 | | the person against whom proceedings under this Act are pending,
| 21 | | enter an order requiring the attendance and testimony of | 22 | | witnesses and their testimony, and
the production of relevant | 23 | | documents, papers, files, books , and records in connection
with | 24 | | any hearing or investigation. The court may compel obedience to | 25 | | its order
by proceedings for contempt.
| 26 | | (Source: P.A. 89-61, eff. 6-30-95.)
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| 1 | | (225 ILCS 63/145)
| 2 | | (Section scheduled to be repealed on January 1, 2013)
| 3 | | Sec. 145. Findings of facts, conclusions of law, and | 4 | | recommendations. At the conclusion of the hearing the hearing | 5 | | officer Committee shall present to the Secretary Director a
| 6 | | written report of its findings of fact, conclusions of law, and
| 7 | | recommendations. The report shall contain a finding whether or | 8 | | not the accused
person violated this Act or failed to comply | 9 | | with the conditions required in
this Act. The hearing officer | 10 | | Committee shall specify the nature of the violation or failure | 11 | | to
comply and shall make its recommendations to the Secretary | 12 | | Director .
| 13 | | The report of findings of fact, conclusions of law, and | 14 | | recommendations of
the hearing officer Committee shall be the | 15 | | basis for the Department's order refusing to issue, restore, or | 16 | | renew a license, or otherwise disciplining a licensee . If the
| 17 | | Secretary Director disagrees in any regard with the report of | 18 | | the hearing officer Committee , the Secretary
Director may issue | 19 | | an order in contravention of the hearing officer's | 20 | | recommendations report . The finding is not
admissible
in | 21 | | evidence against the person in a criminal prosecution brought | 22 | | for the
violation of this Act, but the hearing and findings are | 23 | | not a bar to a
criminal prosecution brought for the violation | 24 | | of this Act.
| 25 | | If the Secretary fails to issue a final order within 30 |
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| 1 | | days after the receipt of the hearing officer's findings of | 2 | | fact, conclusions of law, and recommendations, then the hearing | 3 | | officer's findings of fact, conclusions of law, and | 4 | | recommendations shall become a final order of the Department | 5 | | without further review. | 6 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 7 | | (225 ILCS 63/150)
| 8 | | (Section scheduled to be repealed on January 1, 2013)
| 9 | | Sec. 150. Hearing officer. The Secretary Director shall | 10 | | have the authority to appoint
any
attorney duly
licensed to | 11 | | practice law in the State of Illinois to serve as the hearing
| 12 | | officer in any action for Departmental refusal to issue, renew, | 13 | | or license an
applicant, or disciplinary action against a | 14 | | licensee. The hearing officer shall
have full
authority to | 15 | | conduct the hearing. The
hearing officer shall report his or | 16 | | her findings of fact, conclusions of law,
and recommendations | 17 | | to the Secretary Committee and the Director . The Committee | 18 | | shall have
60 calendar days from receipt of the report to | 19 | | review the report of the
hearing officer
and present its | 20 | | findings of fact, conclusions of law, and
recommendations to | 21 | | the Director. If the Committee fails to present its
report | 22 | | within the 60 calendar day period, the Director may
issue an | 23 | | order based on
the report of the hearing officer. If the | 24 | | Secretary Director disagrees
with the recommendation of the | 25 | | Committee or hearing officer, he
or she may issue an
order in |
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| 1 | | contravention of that recommendation.
| 2 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 3 | | (225 ILCS 63/155)
| 4 | | (Section scheduled to be repealed on January 1, 2013)
| 5 | | Sec. 155. Service of report; rehearing; order. In any case | 6 | | involving the refusal to issue or renew or the
discipline of a | 7 | | license, a copy of the hearing officer's Committee's report | 8 | | shall be served upon
the respondent by the Department, either | 9 | | personally or as provided in this Act
for the service of the | 10 | | notice of hearing. Within 20 days after the service, the
| 11 | | respondent may present to the Department a motion in writing | 12 | | for a rehearing
that shall specify the particular grounds for | 13 | | rehearing. If no motion for
rehearing is filed, then upon the | 14 | | expiration of the time specified for filing a
motion, or if a | 15 | | motion for rehearing is denied, then upon the denial the | 16 | | Secretary
Director may enter an order in accordance with this | 17 | | Act. If the respondent
orders from the reporting service and | 18 | | pays for a transcript of
the record within
the time for filing | 19 | | a motion for rehearing, the 20 calendar day period
within which | 20 | | the
motion may be filed shall commence upon the delivery of the | 21 | | transcript to the
respondent.
| 22 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 23 | | (225 ILCS 63/160)
| 24 | | (Section scheduled to be repealed on January 1, 2013)
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| 1 | | Sec. 160. Substantial justice to be done; rehearing. | 2 | | Whenever the Secretary
Director is satisfied that substantial | 3 | | justice has not been done in the
revocation, suspension, or | 4 | | refusal to issue or renew a license, the Secretary Director
may | 5 | | order a rehearing by the same or another hearing officer or by | 6 | | the
Committee .
| 7 | | (Source: P.A. 87-1231.)
| 8 | | (225 ILCS 63/165)
| 9 | | (Section scheduled to be repealed on January 1, 2013)
| 10 | | Sec. 165. Order or certified copy as prima facie proof. An | 11 | | order or a
certified copy thereof, over the seal of the | 12 | | Department and purporting to
be signed by the Secretary | 13 | | Director , shall be prima facie proof:
| 14 | | (a) that the signature is the genuine signature of the | 15 | | Secretary Director ; and
| 16 | | (b) that such Secretary Director is duly appointed and | 17 | | qualified . ;
| 18 | | (c) that the Committee and its members are qualified to | 19 | | act.
| 20 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 21 | | (225 ILCS 63/170)
| 22 | | (Section scheduled to be repealed on January 1, 2013)
| 23 | | Sec. 170. Restoration of license. At any time after the | 24 | | successful completion of a term of indefinite probation, |
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| 1 | | suspension, or revocation of a license, the Department may | 2 | | restore the license to the licensee, unless, after an | 3 | | investigation and a hearing, the Secretary determines that | 4 | | restoration is not in the public interest or that the licensee | 5 | | has not been sufficiently rehabilitated to warrant the public | 6 | | trust. No person or entity whose license, certificate, or | 7 | | authority has been revoked as authorized in this Act may apply | 8 | | for restoration of that license, certification, or authority | 9 | | until such time as provided for in the Department of | 10 | | Professional Regulation Law of the Civil Administrative Code of | 11 | | Illinois suspension or
revocation of any license the Department | 12 | | may restore the license to
the accused
person, unless after an | 13 | | investigation and a hearing the Department
determines that | 14 | | restoration is not in the public interest .
| 15 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 16 | | (225 ILCS 63/180)
| 17 | | (Section scheduled to be repealed on January 1, 2013)
| 18 | | Sec. 180. Imminent danger to public; summary suspension.
| 19 | | The Secretary
Director may summarily suspend the license of a | 20 | | naprapath
without a
hearing, simultaneously with the | 21 | | institution of proceedings for a hearing
provided for in this | 22 | | Act, if the Secretary Director finds that
evidence in his or | 23 | | her possession indicates that continuation in practice
would
| 24 | | constitute an imminent danger to the public. In the event that | 25 | | the Secretary
Director summarily suspends a license without a |
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| 1 | | hearing, a
hearing shall
by the Department must be commenced | 2 | | held within 30 days after the suspension has
occurred and shall | 3 | | be concluded as expeditiously as possible .
| 4 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 5 | | (225 ILCS 63/190)
| 6 | | (Section scheduled to be repealed on January 1, 2013)
| 7 | | Sec. 190.
The Department shall not be required to certify | 8 | | any record to
the Court or file any answer in court or | 9 | | otherwise appear in any court in a
judicial review proceeding, | 10 | | unless and until the Department receives from the plaintiff | 11 | | there is filed in the court, with the
complaint, a receipt from | 12 | | the Department acknowledging payment of the costs
of furnishing | 13 | | and certifying the record , which costs shall be determined by | 14 | | the Department . Exhibits shall be certified without cost. | 15 | | Failure on the part of the plaintiff
to file a
receipt in court | 16 | | is shall be grounds for dismissal of the action.
| 17 | | (Source: P.A. 89-61, eff. 6-30-95.)
| 18 | | (225 ILCS 63/193 new) | 19 | | Sec. 193. Confidentiality. All information collected by | 20 | | the Department in the course of an examination or investigation | 21 | | of a licensee or applicant, including, but not limited to, any | 22 | | complaint against a licensee filed with the Department and | 23 | | information collected to investigate any such complaint, shall | 24 | | be maintained for the confidential use of the Department and |
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| 1 | | shall not be disclosed. The Department may not disclose such | 2 | | information to anyone other than law enforcement officials, | 3 | | other regulatory agencies that have an appropriate regulatory | 4 | | interest as determined by the Secretary, or a party presenting | 5 | | a lawful subpoena to the Department. Information and documents | 6 | | disclosed to a federal, State, county, or local law enforcement | 7 | | agency shall not be disclosed by the agency for any purpose to | 8 | | any other agency or person. A formal complaint filed against a | 9 | | licensee by the Department or any order issued by the | 10 | | Department against a licensee or applicant shall be a public | 11 | | record, except as otherwise prohibited by law.
| 12 | | (225 ILCS 63/200)
| 13 | | (Section scheduled to be repealed on January 1, 2013)
| 14 | | Sec. 200. Administrative Procedure Act. The Illinois | 15 | | Administrative
Procedure Act is expressly adopted and | 16 | | incorporated
in this Act
as if all of the provisions
of that | 17 | | Act were included in this Act, except that the provision of | 18 | | paragraph
(d) of Section 10-65 of the Illinois Administrative
| 19 | | Procedure Act, which provides that at hearings the licensee has | 20 | | the right
to show compliance with all lawful requirements for | 21 | | retention, continuation, or
renewal of the license, is | 22 | | specifically excluded. For the purpose of this Act,
the notice | 23 | | required under Section 10-25 of the Administrative
Procedure | 24 | | Act is deemed sufficient when mailed to the last known address | 25 | | of record of a
party.
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| 1 | | (Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95.)
| 2 | | (225 ILCS 63/50 rep.)
| 3 | | (225 ILCS 63/65 rep.)
| 4 | | Section 10. The Naprapathic Practice Act is amended by | 5 | | repealing Sections 50 and 65.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.23 | | | 4 | | 5 ILCS 80/4.33 new | | | 5 | | 225 ILCS 63/10 | | | 6 | | 225 ILCS 63/17 | | | 7 | | 225 ILCS 63/25 | | | 8 | | 225 ILCS 63/45 | | | 9 | | 225 ILCS 63/57 | | | 10 | | 225 ILCS 63/70 | | | 11 | | 225 ILCS 63/85 | | | 12 | | 225 ILCS 63/95 | | | 13 | | 225 ILCS 63/100 | | | 14 | | 225 ILCS 63/110 | | | 15 | | 225 ILCS 63/115 | | | 16 | | 225 ILCS 63/120 | | | 17 | | 225 ILCS 63/125 | | | 18 | | 225 ILCS 63/130 | | | 19 | | 225 ILCS 63/140 | | | 20 | | 225 ILCS 63/145 | | | 21 | | 225 ILCS 63/150 | | | 22 | | 225 ILCS 63/155 | | | 23 | | 225 ILCS 63/160 | | | 24 | | 225 ILCS 63/165 | | | 25 | | 225 ILCS 63/170 | | |
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| 1 | | 225 ILCS 63/180 | | | 2 | | 225 ILCS 63/190 | | | 3 | | 225 ILCS 63/193 new | | | 4 | | 225 ILCS 63/200 | | | 5 | | 225 ILCS 63/50 rep. | | | 6 | | 225 ILCS 63/65 rep. | |
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