Full Text of HB5031 102nd General Assembly
HB5031eng 102ND 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 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.33 and 4.38 as follows: | 6 | | (5 ILCS 80/4.33) | 7 | | Sec. 4.33. Acts repealed on January 1,
2023. The following | 8 | | Acts 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repealed on January 1, 2023: | 9 | | The Dietitian Nutritionist Practice Act.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 | 12 | | of 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 | 17 | | Counselor
Licensing and Practice Act. | 18 | | The Wholesale Drug Distribution Licensing Act. | 19 | | (Source: P.A. 101-621, eff. 12-20-19.) | 20 | | (5 ILCS 80/4.38) | 21 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 22 | | Acts are repealed on January 1, 2028: |
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| 1 | | The Acupuncture Practice Act. | 2 | | The Clinical Social Work and Social Work Practice Act. | 3 | | The Home Medical Equipment and Services Provider License | 4 | | Act. | 5 | | The Illinois Petroleum Education and Marketing Act. | 6 | | The Illinois Speech-Language Pathology and Audiology | 7 | | Practice Act. | 8 | | The Interpreter for the Deaf Licensure Act of 2007. | 9 | | The Naprapathic Practice Act. | 10 | | The Nurse Practice Act. | 11 | | The Nursing Home Administrators Licensing and Disciplinary | 12 | | Act. | 13 | | The Physician Assistant Practice Act of 1987. | 14 | | The Podiatric Medical Practice Act of 1987.
| 15 | | (Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; | 16 | | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | 17 | | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; | 18 | | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) | 19 | | Section 10. The Naprapathic Practice Act is amended by | 20 | | changing Sections 10, 15, 17, 57, 110, 125, 145, 150, 155, 165, | 21 | | and 190 and by adding Sections 11 and 36 as follows:
| 22 | | (225 ILCS 63/10)
| 23 | | (Section scheduled to be repealed on January 1, 2023)
| 24 | | Sec. 10. Definitions. In this Act:
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| 1 | | "Address of record" means the designated address recorded | 2 | | by the Department in the applicant's or licensee's application | 3 | | file or license file as maintained by the Department's | 4 | | licensure maintenance unit. It is the duty of the applicant or | 5 | | licensee to inform the Department of any change of address and | 6 | | those changes must be made either through the Department's | 7 | | website or by contacting the Department. | 8 | | "Board" means the Board of Naprapathy appointed by the | 9 | | Secretary. | 10 | | "Email address of record" means the designated email | 11 | | address recorded by the Department in the applicant's | 12 | | application file or the licensee's license file, as maintained | 13 | | by the Department's licensure maintenance unit. | 14 | | "Naprapath" means a person who practices Naprapathy and | 15 | | who has met all
requirements as provided in the Act.
| 16 | | "Department" means the Department of Financial and | 17 | | Professional Regulation.
| 18 | | "Secretary" means the Secretary of the Department of | 19 | | Financial and Professional Regulation.
| 20 | | "Referral" means the following of guidance or direction to | 21 | | the naprapath
given by the licensed physician, dentist, or | 22 | | podiatric physician who maintains
supervision of the patient.
| 23 | | "Documented current and relevant diagnosis" means a | 24 | | diagnosis, substantiated
by signature or oral verification of | 25 | | a licensed physician, dentist, or
podiatric physician, that a | 26 | | patient's condition is such that it may be treated by
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| 1 | | naprapathy as defined in this Act, which diagnosis shall | 2 | | remain in effect until
changed by the licensed physician, | 3 | | dentist, or podiatric physician.
| 4 | | (Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13.)
| 5 | | (225 ILCS 63/11 new) | 6 | | Sec. 11. Address of record; email address of record. All | 7 | | applicants and licensees shall: | 8 | | (1) provide a valid address and email address to the | 9 | | Department, which shall serve as the address of record and | 10 | | email address of record, respectively, at the time of | 11 | | application for licensure or renewal of a license; and | 12 | | (2) inform the Department of any change of
address of | 13 | | record or email address of record within 14 days after | 14 | | such change either through the Department's website or by | 15 | | contacting the Department's licensure maintenance unit.
| 16 | | (225 ILCS 63/15)
| 17 | | (Section scheduled to be repealed on January 1, 2023)
| 18 | | Sec. 15. Practice of naprapathy defined; referrals. | 19 | | Naprapathic practice
means the identification, evaluation, and | 20 | | treatment evaluation of persons with connective tissue | 21 | | disorders through the
use of naprapathic case history and | 22 | | palpation or treatment of persons by the
use of connective | 23 | | tissue manipulation, therapeutic and rehabilitative exercise,
| 24 | | postural counseling, nutritional counseling, and the use of |
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| 1 | | the effective
properties of physical measures of heat, cold, | 2 | | light, water, radiant energy,
electricity, sound and air, and | 3 | | assistive devices for the purpose of
preventing, correcting, | 4 | | or alleviating a physical disability.
| 5 | | Naprapathic practice includes, but is not limited to, the | 6 | | treatment of
contractures, muscle spasms, inflammation, scar | 7 | | tissue formation,
adhesions, lesions, laxity, hypotonicity, | 8 | | rigidity, structural imbalance,
bruising, contusions, muscular | 9 | | atrophy, and partial separation of
connective tissue fibers.
| 10 | | Naprapathic practice also includes: (a) performance of | 11 | | specialized tests
and measurements, (b) administration of | 12 | | specialized treatment procedures,
(c) interpretation of | 13 | | referrals from licensed physicians, dentists, and podiatric | 14 | | physicians, (d) establishment and modification of naprapathic | 15 | | treatment
programs, and (e) supervision or teaching of | 16 | | naprapathy.
| 17 | | Naprapathic practice does not include radiology, surgery, | 18 | | pharmacology, or
invasive diagnostic testing , or determination | 19 | | of a differential diagnosis;
provided, however, the limitation | 20 | | on determining a differential diagnosis
shall not in any | 21 | | manner limit a naprapath licensed under this Act from
| 22 | | performing an evaluation authorized under this Act . A | 23 | | naprapath licensed under
this Act who is not also licensed as a | 24 | | physical therapist under the Illinois
Physical Therapy Act | 25 | | shall not hold himself or herself out as qualified to
provide | 26 | | physical therapy or physiotherapy services. Nothing in this |
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| 1 | | Section
shall limit a naprapath from employing appropriate | 2 | | naprapathic techniques
that he or she is educated and licensed | 3 | | to perform. A naprapath shall refer
to a licensed physician, | 4 | | dentist, or podiatric physician any patient whose medical
| 5 | | condition should, at the time of evaluation or treatment, be | 6 | | determined to be
beyond the scope of practice of the | 7 | | naprapath. A naprapath shall order additional screening if the | 8 | | patient does not demonstrate measurable or functional | 9 | | improvement after 6 visits and continued improvement | 10 | | thereafter. A naprapath shall refer a patient to the patient's | 11 | | treating health care professional of record or, in the case | 12 | | where there is no health care professional of record, to a | 13 | | health care professional of the patient's choice, if the | 14 | | patient's condition, at the time of evaluation or services, is | 15 | | determined to be beyond the scope of practice of the | 16 | | naprapath.
| 17 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 18 | | (225 ILCS 63/17)
| 19 | | (Section scheduled to be repealed on January 1, 2023)
| 20 | | Sec. 17. Educational and professional qualifications for | 21 | | licensure. A person may be qualified to receive a license as a | 22 | | naprapath if he
or she:
| 23 | | (1) is at least 21 18 years of age and of good moral | 24 | | character;
| 25 | | (2) for licenses granted on or before December 31, |
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| 1 | | 2027, has graduated from a 2-year 2 year college level | 2 | | program or its
equivalent approved by the Department;
| 3 | | (2.5) for licenses granted on or after January 1, | 4 | | 2028, has graduated from a 4-year college level program or | 5 | | its equivalent approved by the Department;
| 6 | | (3) has graduated from a curriculum in naprapathy | 7 | | approved by the
Department. In approving a curriculum in | 8 | | naprapathy, the Department shall
consider, but not be | 9 | | bound by, a curriculum approved by the American
| 10 | | Naprapathic Association , the Illinois Naprapathic | 11 | | Association, or a national or regional accrediting body | 12 | | recognized by the United States Department of Education ;
| 13 | | (4) has passed an examination approved by the | 14 | | Department to
determine a person's fitness to practice as | 15 | | a naprapath; and
| 16 | | (5) has met all other requirements of the Act.
| 17 | | The Department has the right and may request a personal | 18 | | interview with an
applicant to further evaluate a person's | 19 | | qualifications
for a license.
| 20 | | (Source: P.A. 97-778, eff. 7-13-12.)
| 21 | | (225 ILCS 63/36 new) | 22 | | Sec. 36. Board of Naprapathy. The Secretary shall appoint | 23 | | a Board of Naprapathy to consist of 7 persons who shall serve | 24 | | in an advisory capacity to the Secretary. Four members must | 25 | | hold an active license to engage in the practice of |
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| 1 | | naprapathy, one member shall be a physician licensed under the | 2 | | Medical Practice Act of 1987, one member shall be an | 3 | | acupuncturist licensed under the Acupuncture Practice Act, and | 4 | | one member of the public. | 5 | | Members shall serve 4-year terms and until their | 6 | | successors are appointed and qualified. No member may be | 7 | | appointed to more than 2 consecutive full terms. Appointments | 8 | | to fill vacancies shall be made in the same manner as original | 9 | | appointments for the unexpired portion of the vacated term. | 10 | | Initial terms shall begin upon the effective date of this | 11 | | amendatory Act of the 102nd General Assembly. | 12 | | The Board may annually elect a chairperson and a | 13 | | vice-chairperson who shall preside in the absence of the | 14 | | chairperson. The membership of the Board shall reasonably | 15 | | reflect the demographic diversity of the State as well as | 16 | | representation from the geographic areas in this State. The | 17 | | Secretary may terminate the appointment of any member for | 18 | | cause. The Secretary may give due consideration to all | 19 | | recommendations of the Board. A majority of the Board members | 20 | | currently appointed shall constitute a quorum. A vacancy in | 21 | | the membership of the Board shall not impair the right of a | 22 | | quorum to exercise the right and perform all duties of the | 23 | | Board. Members of the Board shall have no liability in any | 24 | | action based upon any disciplinary proceeding or other | 25 | | activity performed in good faith as a member of the Board.
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| 1 | | (225 ILCS 63/57)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 57. Social Security Number on license application. In | 4 | | addition
to any other information required to be contained in | 5 | | the application, every
application for an original , renewal, | 6 | | reinstated, or restored license under
this
Act shall include | 7 | | the applicant's Social Security Number, which shall be | 8 | | retained in the agency's records pertaining to the license. As | 9 | | soon as practical, the Department shall assign a customer's | 10 | | identification number to each applicant for a license.
| 11 | | Every application for a renewal or restored license shall | 12 | | require the applicant's customer identification number. | 13 | | (Source: P.A. 97-400, eff. 1-1-12; 97-778, eff. 7-13-12.)
| 14 | | (225 ILCS 63/110)
| 15 | | (Section scheduled to be repealed on January 1, 2023)
| 16 | | Sec. 110. Grounds for disciplinary action; refusal, | 17 | | revocation,
suspension. | 18 | | (a) The Department may refuse to issue or to renew, or may | 19 | | revoke, suspend,
place on probation, reprimand or take other | 20 | | disciplinary or non-disciplinary action as
the
Department may | 21 | | deem appropriate, including imposing fines not to exceed | 22 | | $10,000 for each
violation, with regard to any licensee or | 23 | | license for any one or
combination of
the
following causes:
| 24 | | (1) Violations of this Act or of rules adopted under | 25 | | this Act.
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| 1 | | (2) Making a material misstatement in furnishing
| 2 | | information to the Department or otherwise making | 3 | | misleading, deceptive, untrue, or fraudulent | 4 | | representations in violation of this Act or otherwise in | 5 | | the practice of the profession Material misstatement in | 6 | | furnishing information to the Department .
| 7 | | (3) Conviction by plea of guilty or nolo contendere, | 8 | | finding of guilt, jury verdict, or entry of judgment, or | 9 | | by sentencing of any crime, including, but not limited to, | 10 | | convictions, preceding sentences of supervision, | 11 | | conditional discharge, or first offender probation, under | 12 | | the laws of any jurisdiction of the United States: (i) | 13 | | that is a felony or (ii) that is a misdemeanor, an | 14 | | essential element of which is dishonesty, or that is | 15 | | directly related to the practice of the profession.
| 16 | | (4) Fraud or any misrepresentation in applying for or | 17 | | procuring a license under this Act or in connection with | 18 | | applying for renewal of a license under this Act.
| 19 | | (5) Professional incompetence or gross negligence.
| 20 | | (6) Malpractice.
| 21 | | (7) Aiding or assisting another person in violating | 22 | | any
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, or any | 4 | | other substance which results in the
inability to practice | 5 | | with reasonable judgment, skill, or safety.
| 6 | | (11) Discipline by another U.S. jurisdiction or | 7 | | foreign
nation if at
least one of the grounds for the | 8 | | discipline is the same or substantially
equivalent to | 9 | | those set forth in this Act.
| 10 | | (12) Directly or indirectly giving to or receiving | 11 | | from any
person, firm,
corporation, partnership, or | 12 | | association any fee, commission, rebate, or
other form of | 13 | | compensation for any professional services not actually or
| 14 | | personally rendered. This shall not be deemed to include | 15 | | rent or other
remunerations paid to an individual, | 16 | | partnership, or corporation by a
naprapath for the lease, | 17 | | rental, or use of space, owned or controlled by
the | 18 | | individual, partnership, corporation, or association. | 19 | | Nothing in this paragraph (12) affects any bona fide | 20 | | independent contractor or employment arrangements among | 21 | | health care professionals, health facilities, health care | 22 | | providers, or other entities, except as otherwise | 23 | | prohibited by law. Any employment arrangements may include | 24 | | provisions for compensation, health insurance, pension, or | 25 | | other employment benefits for the provision of services | 26 | | within the scope of the licensee's practice under this |
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| 1 | | Act. Nothing in this paragraph (12) shall be construed to | 2 | | require an employment arrangement to receive professional | 3 | | fees for services rendered.
| 4 | | (13) Using the title "Doctor" or its abbreviation | 5 | | without further
clarifying that title or abbreviation with | 6 | | the word "naprapath" or "naprapathy"
or the designation | 7 | | "D.N.".
| 8 | | (14) 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 | | (15) Abandonment of a patient without cause.
| 12 | | (16) Willfully making or filing false records or | 13 | | reports
relating to a licensee's
practice, including but | 14 | | not limited to, false records filed with State
agencies or | 15 | | departments.
| 16 | | (17) Willfully failing to report an instance of | 17 | | suspected
child abuse or
neglect as required by the Abused | 18 | | and Neglected Child Reporting Act.
| 19 | | (18) Physical or mental illness or disability, | 20 | | including, but not limited to,
deterioration
through the | 21 | | aging process or loss of motor skill that results in the
| 22 | | inability to practice the profession with reasonable | 23 | | judgment, skill,
or safety.
| 24 | | (19) Solicitation of professional services by means | 25 | | other
than
permitted advertising.
| 26 | | (20) Failure to provide a patient with a copy of his or |
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| 1 | | her
record
upon the written request of the patient.
| 2 | | (21) Cheating on or attempting to subvert the | 3 | | licensing examination administered under this Act.
| 4 | | (22) Allowing one's license under this Act to be used | 5 | | by an unlicensed person in violation of this Act.
| 6 | | (23) (Blank).
| 7 | | (24) Being named as a perpetrator in an indicated | 8 | | report by
the
Department of Children and Family Services | 9 | | under the Abused and Neglected
Child Reporting Act and | 10 | | upon proof by clear and convincing evidence that the
| 11 | | licensee has caused a child to be an abused child or a | 12 | | neglected child as
defined in the Abused and Neglected | 13 | | Child Reporting Act.
| 14 | | (25) Practicing under a false or, except as provided | 15 | | by law, an assumed name.
| 16 | | (26) Immoral conduct in the commission of any act, | 17 | | such as
sexual abuse,
sexual misconduct, or sexual | 18 | | exploitation, related to the licensee's practice.
| 19 | | (27) Maintaining a professional relationship with any | 20 | | person,
firm, or
corporation when the naprapath knows, or | 21 | | should know, that the person,
firm, or corporation is | 22 | | violating this Act.
| 23 | | (28) Promotion of the sale of food supplements, | 24 | | devices,
appliances, or
goods provided for a client or | 25 | | patient in such manner as to exploit the
patient or client | 26 | | for financial gain of the licensee.
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| 1 | | (29) Having treated ailments of human beings other | 2 | | than by
the
practice of naprapathy as defined in this Act | 3 | | unless authorized to do so by State law. , or having | 4 | | treated ailments
of human beings as a licensed naprapath | 5 | | independent of a documented
referral or documented current | 6 | | and relevant diagnosis from a physician,
dentist, or | 7 | | podiatric physician, or having failed to notify the | 8 | | physician, dentist,
or podiatric physician who established | 9 | | a documented current and relevant
diagnosis that the | 10 | | patient is receiving naprapathic treatment pursuant to
| 11 | | that diagnosis.
| 12 | | (30) Use by a registered naprapath of the word | 13 | | "infirmary",
"hospital",
"school", "university", in | 14 | | English or any other language, in connection
with the | 15 | | place where naprapathy may be practiced or demonstrated.
| 16 | | (31) Continuance of a naprapath in the employ of any | 17 | | person,
firm, or
corporation, or as an assistant to any | 18 | | naprapath or naprapaths, directly or
indirectly, after his | 19 | | or her employer or superior has been found guilty of
| 20 | | violating or has been enjoined from violating the laws of | 21 | | the State of
Illinois relating to the practice of | 22 | | naprapathy when the employer or
superior persists in that | 23 | | violation.
| 24 | | (32) The performance of naprapathic service in | 25 | | conjunction
with a scheme
or plan with another person, | 26 | | firm, or corporation known to be advertising in
a manner |
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| 1 | | contrary to this Act or otherwise violating the laws of | 2 | | the State
of Illinois concerning the practice of | 3 | | naprapathy.
| 4 | | (33) Failure to provide satisfactory proof of having
| 5 | | participated in
approved continuing education programs as | 6 | | determined by and
approved by the Secretary. Exceptions | 7 | | for extreme hardships are to be
defined by the rules of the | 8 | | Department.
| 9 | | (34) (Blank).
| 10 | | (35) Gross or willful overcharging for
professional | 11 | | services.
| 12 | | (36) (Blank).
| 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 , unless an alternate payment schedule has been agreed | 16 | | upon in writing . | 17 | | (b) A person not licensed under this Act and engaged in the | 18 | | business of offering naprapathy services through others, shall | 19 | | not aid, abet, assist, procure, advise, employ, or contract | 20 | | with any unlicensed person to practice naprapathy contrary to | 21 | | any rules or provisions of this Act. A person violating this | 22 | | subsection (b) shall be treated as a licensee for the purposes | 23 | | of disciplinary action under this Section and shall be subject | 24 | | to cease and desist orders as provided in Section 90 of this | 25 | | Act. The Department may refuse to issue or may suspend without | 26 | | hearing, as provided for in the Department of Professional |
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| 1 | | Regulation Law of the Civil Administrative Code, the license | 2 | | of any person who fails to file a return, or pay the tax, | 3 | | penalty, or interest shown in a filed return, or pay any final | 4 | | assessment of the tax, penalty, or interest as required by any | 5 | | tax Act administered by the Illinois Department of Revenue, | 6 | | until such time as the requirements of any such tax Act are | 7 | | satisfied in accordance with subsection (g) of Section 2105-15 | 8 | | of the Department of Professional Regulation Law of the Civil | 9 | | Administrative Code of Illinois. | 10 | | (b-5) The Department may refuse to issue or may suspend | 11 | | the license of any person who fails to file a tax return, to | 12 | | pay the tax, penalty, or interest shown in a filed tax return, | 13 | | or to pay any final assessment of tax, penalty, or interest, as | 14 | | required by any tax Act administered by the Department of | 15 | | Revenue, until the requirements of the tax Act are satisfied | 16 | | in accordance with subsection (g) of Section 2105-15 of the | 17 | | Civil Administrative Code of Illinois. | 18 | | (c) (Blank). | 19 | | (d) In cases where the Department of Healthcare and Family | 20 | | Services has previously determined a licensee or a potential | 21 | | licensee is more than 30 days delinquent in the payment of | 22 | | child support and has subsequently certified the delinquency | 23 | | to the Department, the Department may refuse to issue or renew | 24 | | or may revoke or suspend that person's license or may take | 25 | | other disciplinary action against that person based solely | 26 | | upon the certification of delinquency made by the Department |
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| 1 | | of Healthcare and Family Services in accordance with item (5) | 2 | | of subsection (a) of Section 2105-15 of the Department of | 3 | | Professional Regulation Law of the Civil Administrative Code | 4 | | of Illinois. | 5 | | (e) The determination by a circuit court that a licensee | 6 | | is subject to involuntary admission or judicial admission, as | 7 | | provided in the Mental Health and Developmental Disabilities | 8 | | Code, operates as an automatic suspension. The suspension | 9 | | shall end only upon a finding by a court that the patient is no | 10 | | longer subject to involuntary admission or judicial admission | 11 | | and the issuance of an order so finding and discharging the | 12 | | patient and upon the Board's recommendation to the Department | 13 | | that the license be restored. Where the circumstances so | 14 | | indicate, the Board may recommend to the Department that it | 15 | | require an examination prior to restoring a suspended license . | 16 | | (f) In enforcing this Act, the Department, upon a showing | 17 | | of a possible violation, may compel an individual licensed to | 18 | | practice under this Act, or who has applied for licensure | 19 | | under this Act, to submit to a mental or physical examination , | 20 | | or both, as required by and at the expense of the Department. | 21 | | The Department or Board may order the examining physician to | 22 | | present testimony concerning the mental or physical | 23 | | examination of the licensee or applicant. No information shall | 24 | | be excluded by reason of any common law or statutory privilege | 25 | | relating to communications between the licensee or applicant | 26 | | and the examining physician. The examining physicians shall be |
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| 1 | | specifically designated by the Board or Department. The | 2 | | individual to be examined may have, at his or her own expense, | 3 | | another physician of his or her choice present during all | 4 | | aspects of this examination. The examination shall be | 5 | | performed by a physician under the Medical Practice Act of | 6 | | 1987. Failure of an individual to submit to a mental or | 7 | | physical examination, when directed, shall result in an | 8 | | automatic suspension without hearing. and evaluation, or both, | 9 | | which may include a substance abuse or sexual offender | 10 | | evaluation, as required by and at the expense of the | 11 | | Department. The Department shall specifically designate the | 12 | | examining physician licensed to practice medicine in all of | 13 | | its branches or, if applicable, the multidisciplinary team | 14 | | involved in providing the mental or physical examination and | 15 | | evaluation, or both. The multidisciplinary team shall be led | 16 | | by a physician licensed to practice medicine in all of its | 17 | | branches and may consist of one or more or a combination of | 18 | | physicians licensed to practice medicine in all of its | 19 | | branches, licensed chiropractic physicians, licensed clinical | 20 | | psychologists, licensed clinical social workers, licensed | 21 | | clinical professional counselors, and other professional and | 22 | | administrative staff. Any examining physician or member of the | 23 | | multidisciplinary team may require any person ordered to | 24 | | submit to an examination and evaluation pursuant to this | 25 | | Section to submit to any additional supplemental testing | 26 | | deemed necessary to complete any examination or evaluation |
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| 1 | | process, including, but not limited to, blood testing, | 2 | | urinalysis, psychological testing, or neuropsychological | 3 | | testing. | 4 | | The Department may order the examining physician or any | 5 | | member of the multidisciplinary team to provide to the | 6 | | Department any and all records including business records that | 7 | | relate to the examination and evaluation, including any | 8 | | supplemental testing performed. The Department may order the | 9 | | examining physician or any member of the multidisciplinary | 10 | | team to present testimony concerning the examination and | 11 | | evaluation of the licensee or applicant, including testimony | 12 | | concerning any supplemental testing or documents in any way | 13 | | related to the examination and evaluation. No information, | 14 | | report, record, or other documents in any way related to the | 15 | | examination and evaluation shall be excluded by reason of any | 16 | | common law or statutory privilege relating to communications | 17 | | between the licensee or applicant and the examining physician | 18 | | or any member of the multidisciplinary team. No authorization | 19 | | is necessary from the licensee or applicant ordered to undergo | 20 | | an evaluation and examination for the examining physician or | 21 | | any member of the multidisciplinary team to provide | 22 | | information, reports, records, or other documents or to | 23 | | provide any testimony regarding the examination and | 24 | | evaluation. The individual to be examined may have, at his or | 25 | | her own expense, another physician of his or her choice | 26 | | present during all aspects of this examination. Failure of an |
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| 1 | | individual to submit to a mental or physical examination and | 2 | | evaluation, or both, when directed, shall result in an | 3 | | automatic suspension without hearing, until such time as the | 4 | | individual submits to the examination. | 5 | | A person holding a license under this Act or who has | 6 | | applied for a license under this Act who, because of a physical | 7 | | or mental illness or disability, including, but not limited | 8 | | to, deterioration through the aging process or loss of motor | 9 | | skill, is unable to practice the profession with reasonable | 10 | | judgment, skill, or safety, may be required by the Department | 11 | | to submit to care, counseling, or treatment by physicians | 12 | | approved or designated by the Department as a condition, term, | 13 | | or restriction for continued, reinstated, or renewed licensure | 14 | | to practice. Submission to care, counseling, or treatment as | 15 | | required by the Department shall not be considered discipline | 16 | | of a license. If the licensee refuses to enter into a care, | 17 | | counseling, or treatment agreement or fails to abide by the | 18 | | terms of the agreement, the Department may file a complaint to | 19 | | revoke, suspend, or otherwise discipline the license of the | 20 | | individual. The Secretary may order the license suspended | 21 | | immediately, pending a hearing by the Department. Fines shall | 22 | | not be assessed in disciplinary actions involving physical or | 23 | | mental illness or impairment. | 24 | | In instances in which the Secretary immediately suspends a | 25 | | person's license under this Section, a hearing on that | 26 | | person's license must be convened by the Department within 15 |
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| 1 | | days after the suspension and completed without appreciable | 2 | | delay. The Department and the Board shall have the authority | 3 | | to review the subject individual's record of treatment and | 4 | | counseling regarding the impairment to the extent permitted by | 5 | | applicable federal statutes and regulations safeguarding the | 6 | | confidentiality of medical records. | 7 | | An individual licensed under this Act and affected under | 8 | | this Section shall be afforded an opportunity to demonstrate | 9 | | to the Department that he or she can resume practice in | 10 | | compliance with acceptable and prevailing standards under the | 11 | | provisions of his or her license.
| 12 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 13 | | (225 ILCS 63/125)
| 14 | | (Section scheduled to be repealed on January 1, 2023)
| 15 | | Sec. 125. Investigation; notice; hearing. The Department | 16 | | may investigate
the actions of any applicant or of any person | 17 | | or persons holding or claiming to
hold a license. Before | 18 | | refusing to issue, refusing to renew, or taking any
| 19 | | disciplinary action under Section 110 regarding a license, the | 20 | | Department shall, at least 30 days
prior to the date set for | 21 | | the hearing, notify in writing the applicant for, or
holder | 22 | | of, a license of the nature of any charges and that a hearing | 23 | | will be
held on a date designated. The Department shall direct | 24 | | the applicant or
licensee to file a written answer with the | 25 | | Department under oath within 20 days
after the service of the |
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| 1 | | notice and inform the applicant or licensee that
failure to | 2 | | file an answer shall result in default being taken against the
| 3 | | applicant or licensee. At the time and place fixed in the | 4 | | notice, the Department shall proceed to hear the charges and | 5 | | the parties or their counsel shall be accorded ample | 6 | | opportunity to present any pertinent statements, testimony, | 7 | | evidence, and arguments. The Department may continue the | 8 | | hearing from time to time. If the person, after receiving the | 9 | | notice, fails to file an answer, his or her license may, in the | 10 | | discretion of the Department, be revoked, suspended, or placed | 11 | | on probationary status or the Department may take whatever | 12 | | disciplinary action considered proper, including limiting the | 13 | | scope, nature, or extent of the person's practice under the | 14 | | Act. If the Board is not sitting at the time and place fixed in | 15 | | the notice or at the time and place to which the hearing shall | 16 | | have been continued, the Department may continue the hearing | 17 | | for a period not to exceed 30 days. The written notice in the | 18 | | subsequent proceeding may be served by U.S. registered or | 19 | | certified mail or email to the licensee's address or email | 20 | | address of record.
| 21 | | (Source: P.A. 97-778, eff. 7-13-12.)
| 22 | | (225 ILCS 63/145)
| 23 | | (Section scheduled to be repealed on January 1, 2023)
| 24 | | Sec. 145. Findings of facts, conclusions of law, and | 25 | | recommendations. At the conclusion of the hearing the Board |
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| 1 | | hearing officer shall present to the Secretary a
written | 2 | | report of its findings of fact, conclusions of law, and
| 3 | | recommendations. The report shall contain a finding whether or | 4 | | not the accused
person violated this Act or failed to comply | 5 | | with the conditions required in
this Act. The Board hearing | 6 | | officer shall specify the nature of the violation or failure | 7 | | to
comply and shall make its recommendations to the Secretary.
| 8 | | The report of findings of fact, conclusions of law, and | 9 | | recommendations of
the Board hearing officer shall be the | 10 | | basis for the Department's order refusing to issue, restore, | 11 | | or renew a license, or otherwise disciplining a licensee. If | 12 | | the
Secretary disagrees in any regard with the report of the | 13 | | Board hearing officer , the Secretary
may issue an order in | 14 | | contravention of the Board's hearing officer's | 15 | | recommendations. The finding is not
admissible
in evidence | 16 | | against the person in a criminal prosecution brought for the
| 17 | | violation of this Act, but the hearing and findings are not a | 18 | | bar to a
criminal prosecution brought for the violation of | 19 | | this Act.
| 20 | | If the Secretary fails to issue a final order within 30 | 21 | | days after the receipt of the hearing officer's findings of | 22 | | fact, conclusions of law, and recommendations, then the | 23 | | hearing officer's findings of fact, conclusions of law, and | 24 | | recommendations shall become a final order of the Department | 25 | | without further review. | 26 | | (Source: P.A. 97-778, eff. 7-13-12.)
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| 1 | | (225 ILCS 63/150)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 150. Hearing officer. The Secretary shall have the | 4 | | authority to appoint
any
attorney duly
licensed to practice | 5 | | law in the State of Illinois to serve as the hearing
officer in | 6 | | any action for Departmental refusal to issue, renew, or | 7 | | license an
applicant, or disciplinary action against a | 8 | | licensee. The hearing officer shall
have full
authority to | 9 | | conduct the hearing. The
hearing officer shall report his or | 10 | | her findings of fact, conclusions of law,
and recommendations | 11 | | to the Board and the Secretary. The Board shall review the | 12 | | report of the hearing officer and present its findings of | 13 | | fact, conclusions of law, and recommendations to the | 14 | | Secretary. If the Secretary disagrees
with the recommendation | 15 | | of the hearing officer, he
or she may issue an
order in | 16 | | contravention of that recommendation.
| 17 | | (Source: P.A. 97-778, eff. 7-13-12.)
| 18 | | (225 ILCS 63/155)
| 19 | | (Section scheduled to be repealed on January 1, 2023)
| 20 | | Sec. 155. Service of report; rehearing; order. In any case | 21 | | involving the refusal to issue or renew or the
discipline of a | 22 | | license, a copy of the Board's hearing officer's report shall | 23 | | be served upon
the respondent by the Department, either | 24 | | personally or as provided in this Act
for the service of the |
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| 1 | | notice of hearing. Within 20 days after the service, the
| 2 | | respondent may present to the Department a motion in writing | 3 | | for a rehearing
that shall specify the particular grounds for | 4 | | rehearing. If no motion for
rehearing is filed, then upon the | 5 | | expiration of the time specified for filing a
motion, or if a | 6 | | motion for rehearing is denied, then upon the denial the | 7 | | Secretary
may enter an order in accordance with this Act. If | 8 | | the respondent
orders from the reporting service and pays for | 9 | | a transcript of
the record within
the time for filing a motion | 10 | | for rehearing, the 20 calendar day period
within which the
| 11 | | motion may be filed shall commence upon the delivery of the | 12 | | transcript to the
respondent.
| 13 | | (Source: P.A. 97-778, eff. 7-13-12.)
| 14 | | (225 ILCS 63/165)
| 15 | | (Section scheduled to be repealed on January 1, 2023)
| 16 | | Sec. 165. Order or certified copy as prima facie proof. An | 17 | | order or a
certified copy thereof, over the seal of the | 18 | | Department and purporting to
be signed by the Secretary, shall | 19 | | be prima facie proof:
| 20 | | (a) that the signature is the genuine signature of the | 21 | | Secretary; and
| 22 | | (b) that such Secretary is duly appointed and | 23 | | qualified ; and .
| 24 | | (c) that the Board and its members are qualified to | 25 | | act. |
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| 1 | | (Source: P.A. 97-778, eff. 7-13-12.)
| 2 | | (225 ILCS 63/190)
| 3 | | (Section scheduled to be repealed on January 1, 2023)
| 4 | | Sec. 190.
The Department shall not be required to certify | 5 | | any record to
the Court or file any answer in court or | 6 | | otherwise appear in any court in a
judicial review proceeding, | 7 | | unless and until the Department receives from the plaintiff | 8 | | payment of the costs
of furnishing and certifying the record, | 9 | | which costs shall be determined by the Department. Exhibits | 10 | | shall be certified without cost. Failure on the part of the | 11 | | plaintiff
to file a
receipt in court is grounds for dismissal | 12 | | of the action.
| 13 | | (Source: P.A. 97-778, eff. 7-13-12.)
| 14 | | (225 ILCS 63/95 rep.)
| 15 | | Section 15. The Naprapathic Practice Act is amended by | 16 | | repealing Section 95.
| 17 | | Section 99. Effective date. This Section and Section 5 | 18 | | take effect upon becoming law.
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