Illinois General Assembly - Full Text of SB4016
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Full Text of SB4016  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/21/2022, by Sen. Emil Jones, III


5 ILCS 80/4.33
5 ILCS 80/4.38
225 ILCS 63/10
225 ILCS 63/11 new
225 ILCS 63/57
225 ILCS 63/110
225 ILCS 63/125
225 ILCS 63/145
225 ILCS 63/190
225 ILCS 63/95 rep.

    Amends the Regulatory Sunset Act. Provides that the Naprapathic Practice Act is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Naprapathic Practice Act. Defines "email address of record". Provides that all applicants and licensees shall provide a valid physical and email address and inform the Department of Financial and Professional Regulation of any change of physical or email address within 14 days. Provides that the Department shall assign a customer's identification number to each applicant for a license. Provides that making a material misstatement in furnishing information to the Department is grounds for disciplinary action. Provides that a person not licensed under the Act and engaged in business of offering naprapathy services shall not aid, assist, procure, advise, employ, or contract with any unlicensed person to practice naprapathy contrary to the rules of the Act. Provides that the Department may refuse to issue or may suspend the license of any person who fails to file a tax return. Makes changes to the provisions regarding physical and mental examinations of a licensee or applicant. Removes a provision that provides that if the Secretary of Financial and Professional Regulation fails to issue a final order within 30 days after receipt of the hearing officer's findings of fact, conclusions of law, and recommendations, then the hearing officer's determinations become a final order. Makes other changes. Section 5 and Section 99 take effect upon becoming law.

LRB102 24652 AMQ 33891 b





SB4016LRB102 24652 AMQ 33891 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing 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 Acts repealed on January 1, 2023.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
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
20    (5 ILCS 80/4.38)
21    Sec. 4.38. Acts repealed on January 1, 2028. The following
22Acts 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
5    The Illinois Petroleum Education and Marketing Act.
6    The Illinois Speech-Language Pathology and Audiology
7Practice 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
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;
16100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
178-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
18100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
19    Section 10. The Naprapathic Practice Act is amended by
20changing Sections 10, 57, 110, 125, 145, and 190 and by adding
21Section 11 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
2by the Department in the applicant's or licensee's application
3file or license file as maintained by the Department's
4licensure maintenance unit. It is the duty of the applicant or
5licensee to inform the Department of any change of address and
6those changes must be made either through the Department's
7website or by contacting the Department.
8    "Email address of record" means the designated email
9address recorded by the Department in the applicant's
10application file or the licensee's license file, as maintained
11by the Department's licensure maintenance unit.
12    "Naprapath" means a person who practices Naprapathy and
13who has met all requirements as provided in the Act.
14    "Department" means the Department of Financial and
15Professional Regulation.
16    "Secretary" means the Secretary of the Department of
17Financial and Professional Regulation.
18    "Referral" means the following of guidance or direction to
19the naprapath given by the licensed physician, dentist, or
20podiatric physician who maintains supervision of the patient.
21    "Documented current and relevant diagnosis" means a
22diagnosis, substantiated by signature or oral verification of
23a licensed physician, dentist, or podiatric physician, that a
24patient's condition is such that it may be treated by
25naprapathy as defined in this Act, which diagnosis shall
26remain in effect until changed by the licensed physician,



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1dentist, or podiatric physician.
2(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13.)
3    (225 ILCS 63/11 new)
4    Sec. 11. Address of record; email address of record. All
5applicants and licensees shall:
6        (1) provide a valid address and email address to the
7    Department, which shall serve as the address of record and
8    email address of record, respectively, at the time of
9    application for licensure or renewal of a license; and
10        (2) inform the Department of any change of address of
11    record or email address of record within 14 days after
12    such change either through the Department's website or by
13    contacting the Department's licensure maintenance unit.
14    (225 ILCS 63/57)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 57. Social Security Number on license application. In
17addition to any other information required to be contained in
18the application, every application for an original, renewal,
19reinstated, or restored license under this Act shall include
20the applicant's Social Security Number, which shall be
21retained in the agency's records pertaining to the license. As
22soon as practical, the Department shall assign a customer's
23identification number to each applicant for a license.
24    Every application for a renewal or restored license shall



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1require the applicant's customer identification number.
2(Source: P.A. 97-400, eff. 1-1-12; 97-778, eff. 7-13-12.)
3    (225 ILCS 63/110)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 110. Grounds for disciplinary action; refusal,
6revocation, suspension.
7    (a) The Department may refuse to issue or to renew, or may
8revoke, suspend, place on probation, reprimand or take other
9disciplinary or non-disciplinary action as the Department may
10deem appropriate, including imposing fines not to exceed
11$10,000 for each violation, with regard to any licensee or
12license for any one or combination of the following causes:
13        (1) Violations of this Act or of rules adopted under
14    this Act.
15        (2) Making a material misstatement in furnishing
16    information to the Department or otherwise making
17    misleading, deceptive, untrue, or fraudulent
18    representations in violation of this Act or otherwise in
19    the practice of the profession Material misstatement in
20    furnishing information to the Department.
21        (3) Conviction by plea of guilty or nolo contendere,
22    finding of guilt, jury verdict, or entry of judgment, or
23    by sentencing of any crime, including, but not limited to,
24    convictions, preceding sentences of supervision,
25    conditional discharge, or first offender probation, under



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1    the laws of any jurisdiction of the United States: (i)
2    that is a felony or (ii) that is a misdemeanor, an
3    essential element of which is dishonesty, or that is
4    directly related to the practice of the profession.
5        (4) Fraud or any misrepresentation in applying for or
6    procuring a license under this Act or in connection with
7    applying for renewal of a license under this Act.
8        (5) Professional incompetence or gross negligence.
9        (6) Malpractice.
10        (7) Aiding or assisting another person in violating
11    any provision of this Act or its rules.
12        (8) Failing to provide information within 60 days in
13    response to a written request made by the Department.
14        (9) Engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public.
17        (10) Habitual or excessive use or abuse of drugs
18    defined in law as controlled substances, alcohol, or any
19    other substance which results in the inability to practice
20    with reasonable judgment, skill, or safety.
21        (11) Discipline by another U.S. jurisdiction or
22    foreign nation if at least one of the grounds for the
23    discipline is the same or substantially equivalent to
24    those set forth in this Act.
25        (12) Directly or indirectly giving to or receiving
26    from any person, firm, corporation, partnership, or



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1    association any fee, commission, rebate, or other form of
2    compensation for any professional services not actually or
3    personally rendered. This shall not be deemed to include
4    rent or other remunerations paid to an individual,
5    partnership, or corporation by a naprapath for the lease,
6    rental, or use of space, owned or controlled by the
7    individual, partnership, corporation, or association.
8    Nothing in this paragraph (12) affects any bona fide
9    independent contractor or employment arrangements among
10    health care professionals, health facilities, health care
11    providers, or other entities, except as otherwise
12    prohibited by law. Any employment arrangements may include
13    provisions for compensation, health insurance, pension, or
14    other employment benefits for the provision of services
15    within the scope of the licensee's practice under this
16    Act. Nothing in this paragraph (12) shall be construed to
17    require an employment arrangement to receive professional
18    fees for services rendered.
19        (13) Using the title "Doctor" or its abbreviation
20    without further clarifying that title or abbreviation with
21    the word "naprapath" or "naprapathy" or the designation
22    "D.N.".
23        (14) A finding by the Department that the licensee,
24    after having his or her license placed on probationary
25    status, has violated the terms of probation.
26        (15) Abandonment of a patient without cause.



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1        (16) Willfully making or filing false records or
2    reports relating to a licensee's practice, including but
3    not limited to, false records filed with State agencies or
4    departments.
5        (17) Willfully failing to report an instance of
6    suspected child abuse or neglect as required by the Abused
7    and Neglected Child Reporting Act.
8        (18) Physical or mental illness or disability,
9    including, but not limited to, deterioration through the
10    aging process or loss of motor skill that results in the
11    inability to practice the profession with reasonable
12    judgment, skill, or safety.
13        (19) Solicitation of professional services by means
14    other than permitted advertising.
15        (20) Failure to provide a patient with a copy of his or
16    her record upon the written request of the patient.
17        (21) Cheating on or attempting to subvert the
18    licensing examination administered under this Act.
19        (22) Allowing one's license under this Act to be used
20    by an unlicensed person in violation of this Act.
21        (23) (Blank).
22        (24) Being named as a perpetrator in an indicated
23    report by the Department of Children and Family Services
24    under the Abused and Neglected Child Reporting Act and
25    upon proof by clear and convincing evidence that the
26    licensee has caused a child to be an abused child or a



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1    neglected child as defined in the Abused and Neglected
2    Child Reporting Act.
3        (25) Practicing under a false or, except as provided
4    by law, an assumed name.
5        (26) Immoral conduct in the commission of any act,
6    such as sexual abuse, sexual misconduct, or sexual
7    exploitation, related to the licensee's practice.
8        (27) Maintaining a professional relationship with any
9    person, firm, or corporation when the naprapath knows, or
10    should know, that the person, firm, or corporation is
11    violating this Act.
12        (28) Promotion of the sale of food supplements,
13    devices, appliances, or goods provided for a client or
14    patient in such manner as to exploit the patient or client
15    for financial gain of the licensee.
16        (29) Having treated ailments of human beings other
17    than by the practice of naprapathy as defined in this Act,
18    or having treated ailments of human beings as a licensed
19    naprapath independent of a documented referral or
20    documented current and relevant diagnosis from a
21    physician, dentist, or podiatric physician, or having
22    failed to notify the physician, dentist, or podiatric
23    physician who established a documented current and
24    relevant diagnosis that the patient is receiving
25    naprapathic treatment pursuant to that diagnosis.
26        (30) Use by a registered naprapath of the word



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1    "infirmary", "hospital", "school", "university", in
2    English or any other language, in connection with the
3    place where naprapathy may be practiced or demonstrated.
4        (31) Continuance of a naprapath in the employ of any
5    person, firm, or corporation, or as an assistant to any
6    naprapath or naprapaths, directly or indirectly, after his
7    or her employer or superior has been found guilty of
8    violating or has been enjoined from violating the laws of
9    the State of Illinois relating to the practice of
10    naprapathy when the employer or superior persists in that
11    violation.
12        (32) The performance of naprapathic service in
13    conjunction with a scheme or plan with another person,
14    firm, or corporation known to be advertising in a manner
15    contrary to this Act or otherwise violating the laws of
16    the State of Illinois concerning the practice of
17    naprapathy.
18        (33) Failure to provide satisfactory proof of having
19    participated in approved continuing education programs as
20    determined by and approved by the Secretary. Exceptions
21    for extreme hardships are to be defined by the rules of the
22    Department.
23        (34) (Blank).
24        (35) Gross or willful overcharging for professional
25    services.
26        (36) (Blank).



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1    All fines imposed under this Section shall be paid within
260 days after the effective date of the order imposing the
3fine, unless an alternate payment schedule has been agreed
4upon in writing.
5    (b) A person not licensed under this Act and engaged in the
6business of offering naprapathy services through others, shall
7not aid, abet, assist, procure, advise, employ, or contract
8with any unlicensed person to practice naprapathy contrary to
9any rules or provisions of this Act. A person violating this
10subsection (b) shall be treated as a licensee for the purposes
11of disciplinary action under this Section and shall be subject
12to cease and desist orders as provided in Section 90 of this
13Act. The Department may refuse to issue or may suspend without
14hearing, as provided for in the Department of Professional
15Regulation Law of the Civil Administrative Code, the license
16of any person who fails to file a return, or pay the tax,
17penalty, or interest shown in a filed return, or pay any final
18assessment of the tax, penalty, or interest as required by any
19tax Act administered by the Illinois Department of Revenue,
20until such time as the requirements of any such tax Act are
21satisfied in accordance with subsection (g) of Section 2105-15
22of the Department of Professional Regulation Law of the Civil
23Administrative Code of Illinois.
24    (b-5) The Department may refuse to issue or may suspend
25the license of any person who fails to file a tax return, to
26pay the tax, penalty, or interest shown in a filed tax return,



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1or to pay any final assessment of tax, penalty, or interest, as
2required by any tax Act administered by the Department of
3Revenue, until the requirements of the tax Act are satisfied
4in accordance with subsection (g) of Section 2105-15 of the
5Civil Administrative Code of Illinois.
6    (c) (Blank).
7    (d) In cases where the Department of Healthcare and Family
8Services has previously determined a licensee or a potential
9licensee is more than 30 days delinquent in the payment of
10child support and has subsequently certified the delinquency
11to the Department, the Department may refuse to issue or renew
12or may revoke or suspend that person's license or may take
13other disciplinary action against that person based solely
14upon the certification of delinquency made by the Department
15of Healthcare and Family Services in accordance with item (5)
16of subsection (a) of Section 2105-15 of the Department of
17Professional Regulation Law of the Civil Administrative Code
18of Illinois.
19    (e) The determination by a circuit court that a licensee
20is subject to involuntary admission or judicial admission, as
21provided in the Mental Health and Developmental Disabilities
22Code, operates as an automatic suspension. The suspension
23shall end only upon a finding by a court that the patient is no
24longer subject to involuntary admission or judicial admission
25and the issuance of an order so finding and discharging the



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1    (f) In enforcing this Act, the Department, upon a showing
2of a possible violation, may compel an individual licensed to
3practice under this Act, or who has applied for licensure
4under this Act, to submit to a mental or physical examination,
5or both, as required by and at the expense of the Department.
6The Department or Board may order the examining physician to
7present testimony concerning the mental or physical
8examination of the licensee or applicant. No information shall
9be excluded by reason of any common law or statutory privilege
10relating to communications between the licensee or applicant
11and the examining physician. The examining physicians shall be
12specifically designated by the Board or Department. The
13individual to be examined may have, at his or her own expense,
14another physician of his or her choice present during all
15aspects of this examination. The examination shall be
16performed by a physician licensed to practice medicine in all
17its branches. Failure of an individual to submit to a mental or
18physical examination, when directed, shall result in an
19automatic suspension without hearing. and evaluation, or both,
20which may include a substance abuse or sexual offender
21evaluation, as required by and at the expense of the
22Department. The Department shall specifically designate the
23examining physician licensed to practice medicine in all of
24its branches or, if applicable, the multidisciplinary team
25involved in providing the mental or physical examination and
26evaluation, or both. The multidisciplinary team shall be led



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1by a physician licensed to practice medicine in all of its
2branches and may consist of one or more or a combination of
3physicians licensed to practice medicine in all of its
4branches, licensed chiropractic physicians, licensed clinical
5psychologists, licensed clinical social workers, licensed
6clinical professional counselors, and other professional and
7administrative staff. Any examining physician or member of the
8multidisciplinary team may require any person ordered to
9submit to an examination and evaluation pursuant to this
10Section to submit to any additional supplemental testing
11deemed necessary to complete any examination or evaluation
12process, including, but not limited to, blood testing,
13urinalysis, psychological testing, or neuropsychological
15    The Department may order the examining physician or any
16member of the multidisciplinary team to provide to the
17Department any and all records including business records that
18relate to the examination and evaluation, including any
19supplemental testing performed. The Department may order the
20examining physician or any member of the multidisciplinary
21team to present testimony concerning the examination and
22evaluation of the licensee or applicant, including testimony
23concerning any supplemental testing or documents in any way
24related to the examination and evaluation. No information,
25report, record, or other documents in any way related to the
26examination and evaluation shall be excluded by reason of any



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1common law or statutory privilege relating to communications
2between the licensee or applicant and the examining physician
3or any member of the multidisciplinary team. No authorization
4is necessary from the licensee or applicant ordered to undergo
5an evaluation and examination for the examining physician or
6any member of the multidisciplinary team to provide
7information, reports, records, or other documents or to
8provide any testimony regarding the examination and
9evaluation. The individual to be examined may have, at his or
10her own expense, another physician of his or her choice
11present during all aspects of this examination. Failure of an
12individual to submit to a mental or physical examination and
13evaluation, or both, when directed, shall result in an
14automatic suspension without hearing, until such time as the
15individual submits to the examination.
16    A person holding a license under this Act or who has
17applied for a license under this Act who, because of a physical
18or mental illness or disability, including, but not limited
19to, deterioration through the aging process or loss of motor
20skill, is unable to practice the profession with reasonable
21judgment, skill, or safety, may be required by the Department
22to submit to care, counseling, or treatment by physicians
23approved or designated by the Department as a condition, term,
24or restriction for continued, reinstated, or renewed licensure
25to practice. Submission to care, counseling, or treatment as
26required by the Department shall not be considered discipline



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1of a license. If the licensee refuses to enter into a care,
2counseling, or treatment agreement or fails to abide by the
3terms of the agreement, the Department may file a complaint to
4revoke, suspend, or otherwise discipline the license of the
5individual. The Secretary may order the license suspended
6immediately, pending a hearing by the Department. Fines shall
7not be assessed in disciplinary actions involving physical or
8mental illness or impairment.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that
11person's license must be convened by the Department within 15
12days after the suspension and completed without appreciable
13delay. The Department shall have the authority to review the
14subject individual's record of treatment and counseling
15regarding the impairment to the extent permitted by applicable
16federal statutes and regulations safeguarding the
17confidentiality of medical records.
18    An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate
20to the Department that he or she can resume practice in
21compliance with acceptable and prevailing standards under the
22provisions of his or her license.
23(Source: P.A. 100-872, eff. 8-14-18.)
24    (225 ILCS 63/125)
25    (Section scheduled to be repealed on January 1, 2023)



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1    Sec. 125. Investigation; notice; hearing. The Department
2may investigate the actions of any applicant or of any person
3or persons holding or claiming to hold a license. Before
4refusing to issue, refusing to renew, or taking any
5disciplinary action under Section 110 regarding a license, the
6Department shall, at least 30 days prior to the date set for
7the hearing, notify in writing the applicant for, or holder
8of, a license of the nature of any charges and that a hearing
9will be held on a date designated. The Department shall direct
10the applicant or licensee to file a written answer with the
11Department under oath within 20 days after the service of the
12notice and inform the applicant or licensee that failure to
13file an answer shall result in default being taken against the
14applicant or licensee. At the time and place fixed in the
15notice, the Department shall proceed to hear the charges and
16the parties or their counsel shall be accorded ample
17opportunity to present any pertinent statements, testimony,
18evidence, and arguments. The Department may continue the
19hearing from time to time. If the person, after receiving the
20notice, fails to file an answer, his or her license may, in the
21discretion of the Department, be revoked, suspended, or placed
22on probationary status or the Department may take whatever
23disciplinary action considered proper, including limiting the
24scope, nature, or extent of the person's practice under the
25Act. The written notice in the subsequent proceeding may be
26served by U.S. registered or certified mail or email to the



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1licensee's address or email address of record.
2(Source: P.A. 97-778, eff. 7-13-12.)
3    (225 ILCS 63/145)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 145. Findings of facts, conclusions of law, and
6recommendations. At the conclusion of the hearing the hearing
7officer shall present to the Secretary a written report of its
8findings of fact, conclusions of law, and recommendations. The
9report shall contain a finding whether or not the accused
10person violated this Act or failed to comply with the
11conditions required in this Act. The hearing officer shall
12specify the nature of the violation or failure to comply and
13shall make its recommendations to the Secretary.
14    The report of findings of fact, conclusions of law, and
15recommendations of the hearing officer shall be the basis for
16the Department's order refusing to issue, restore, or renew a
17license, or otherwise disciplining a licensee. If the
18Secretary disagrees in any regard with the report of the
19hearing officer, the Secretary may issue an order in
20contravention of the hearing officer's recommendations. The
21finding is not admissible in evidence against the person in a
22criminal prosecution brought for the violation of this Act,
23but the hearing and findings are not a bar to a criminal
24prosecution brought for the violation of this Act.
25    If the Secretary fails to issue a final order within 30



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1days after the receipt of the hearing officer's findings of
2fact, conclusions of law, and recommendations, then the
3hearing officer's findings of fact, conclusions of law, and
4recommendations shall become a final order of the Department
5without further review.
6(Source: P.A. 97-778, eff. 7-13-12.)
7    (225 ILCS 63/190)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 190. The Department shall not be required to certify
10any record to the Court or file any answer in court or
11otherwise appear in any court in a judicial review proceeding,
12unless and until the Department receives from the plaintiff
13payment of the costs of furnishing and certifying the record,
14which costs shall be determined by the Department. Exhibits
15shall be certified without cost. Failure on the part of the
16plaintiff to file a receipt in court is grounds for dismissal
17of the action.
18(Source: P.A. 97-778, eff. 7-13-12.)
19    (225 ILCS 63/95 rep.)
20    Section 15. The Naprapathic Practice Act is amended by
21repealing Section 95.
22    Section 99. Effective date. This Section and Section 5
23take effect upon becoming law.