Full Text of SB1133 101st General Assembly
SB1133enr 101ST 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 Acupuncture Practice Act is amended by | 5 | | changing Section 110 and by adding Section 16 as follows: | 6 | | (225 ILCS 2/16 new) | 7 | | Sec. 16. Chinese herbology; practice. No person licensed | 8 | | under this Act may hold himself or herself out as being trained | 9 | | in Chinese herbology without proof of status as a Diplomate of | 10 | | Oriental Medicine certified by the National Certification | 11 | | Commission for Acupuncture and Oriental Medicine or a | 12 | | substantially equivalent status that is approved by the | 13 | | Department or proof that he or she has successfully completed | 14 | | the National Certification Commission for Acupuncture and | 15 | | Oriental Medicine Chinese Herbology Examination or a | 16 | | substantially equivalent examination approved by the | 17 | | Department. A violation of this Section is subject to the | 18 | | disciplinary action described in Section 110.
| 19 | | (225 ILCS 2/110)
| 20 | | (Section scheduled to be repealed on January 1, 2028)
| 21 | | Sec. 110. Grounds for disciplinary action.
| 22 | | (a) The Department may refuse to issue or to renew, place |
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| 1 | | on probation,
suspend, revoke or take other disciplinary or | 2 | | non-disciplinary action as deemed appropriate
including the | 3 | | imposition of fines not to exceed $10,000 for each
violation,
| 4 | | as the Department may deem proper,
with
regard to a license for | 5 | | any one or combination of the
following
causes:
| 6 | | (1) Violations of this Act or its rules.
| 7 | | (2) Conviction by plea of guilty or nolo contendere, | 8 | | finding of guilt, jury verdict, or entry of judgment or | 9 | | sentencing, including, but not limited to, convictions, | 10 | | preceding sentences of supervision, conditional discharge, | 11 | | or first offender probation, under the laws of any | 12 | | jurisdiction of the United States that is (i) a felony or | 13 | | (ii) a misdemeanor, an
essential element of which is | 14 | | dishonesty or that is directly
related to the practice of | 15 | | the profession.
| 16 | | (3) Making any misrepresentation for the purpose of
| 17 | | obtaining a license.
| 18 | | (4) Aiding or assisting another person in violating any
| 19 | | provision of this Act or its rules.
| 20 | | (5) Failing to provide information within 60 days in
| 21 | | response to a written request made by the Department which | 22 | | has
been sent by certified or registered mail to the | 23 | | licensee's
address of record or by email to the licensee's | 24 | | email address of record.
| 25 | | (6) Discipline by another U.S. jurisdiction or foreign
| 26 | | nation, if at least one of the grounds for the discipline |
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| 1 | | is the same or
substantially equivalent to one set forth in | 2 | | this Section.
| 3 | | (7) Solicitation of professional services by means | 4 | | other
than permitted under this Act.
| 5 | | (8) Failure to provide a patient with a copy of his or
| 6 | | her record upon the written request of the patient.
| 7 | | (9) Gross negligence in the practice of acupuncture.
| 8 | | (10) Habitual or excessive use or addiction to alcohol, | 9 | | narcotics,
stimulants, or any other chemical agent or drug | 10 | | that results in an
acupuncturist's inability to practice | 11 | | with reasonable judgment, skill, or
safety.
| 12 | | (11) A finding that licensure has been
applied for or
| 13 | | obtained by fraudulent means.
| 14 | | (12) A pattern of practice or other behavior that | 15 | | demonstrates
incapacity or incompetence to practice under | 16 | | this Act.
| 17 | | (13) Being named as a perpetrator in an indicated | 18 | | report
by the Department of Children and Family Services | 19 | | under the
Abused and Neglected Child Reporting Act and upon | 20 | | proof by
clear and convincing evidence that the licensee | 21 | | has caused a
child to be an abused child or a neglected | 22 | | child as defined in
the Abused and Neglected Child | 23 | | Reporting Act.
| 24 | | (14) Willfully failing to report an instance of | 25 | | suspected
child abuse or neglect as required by the Abused | 26 | | and Neglected
Child Reporting Act.
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| 1 | | (15) The use of any words, abbreviations, figures or
| 2 | | letters (such as "Acupuncturist", "Licensed | 3 | | Acupuncturist",
"Certified Acupuncturist", "Doctor of | 4 | | Acupuncture and Chinese Medicine", "Doctor of Acupuncture | 5 | | and Oriental Medicine", "Doctor of Acupuncture", "Oriental | 6 | | Medicine Practitioner", "Licensed Oriental Medicine | 7 | | Practitioner", "Oriental Medicine Doctor", "Licensed | 8 | | Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.", | 9 | | "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any | 10 | | designation used by the Accreditation Commission for | 11 | | Acupuncture and Oriental Medicine
with the intention of | 12 | | indicating practice as a licensed
acupuncturist without a | 13 | | valid license as an acupuncturist
issued under this Act.
| 14 | | When the name of the licensed acupuncturist is used | 15 | | professionally in oral, written, or printed announcements, | 16 | | professional cards, or publications for the information of | 17 | | the public, the degree title or degree abbreviation shall | 18 | | be added immediately following title and name. When the | 19 | | announcement, professional card, or publication is in | 20 | | writing or in print, the explanatory addition shall be in | 21 | | writing, type, or print not less than 1/2 the size of that | 22 | | used in the name and title. No person other than the holder | 23 | | of a valid existing license under this Act shall use the | 24 | | title and designation of "acupuncturist", either directly | 25 | | or indirectly, in connection with his or her profession or | 26 | | business. |
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| 1 | | (16) Using claims of superior quality of care to entice
| 2 | | the public or advertising fee comparisons of available | 3 | | services with those of
other persons providing acupuncture | 4 | | services.
| 5 | | (17) Advertising of professional services that the | 6 | | offeror of the
services is not licensed to render. | 7 | | Advertising of professional services that
contains false, | 8 | | fraudulent, deceptive, or misleading material or | 9 | | guarantees of
success,
statements that play upon the vanity | 10 | | or fears of the public, or statements that
promote or | 11 | | produce unfair competition.
| 12 | | (18) Having treated ailments other than by
the practice | 13 | | of
acupuncture as defined in this Act, or having treated | 14 | | ailments of
as a licensed acupuncturist pursuant to a
| 15 | | referral by written order
that provides for management of | 16 | | the patient by a physician or dentist without having | 17 | | notified the
physician or dentist who established the | 18 | | diagnosis that the patient is
receiving acupuncture | 19 | | treatments.
| 20 | | (19) Unethical, unauthorized, or unprofessional | 21 | | conduct as defined by
rule.
| 22 | | (20) Physical illness, mental illness, or other | 23 | | impairment that results in the inability
to practice the | 24 | | profession with reasonable judgment, skill, and safety, | 25 | | including, without limitation, deterioration through the | 26 | | aging process, mental illness, or disability.
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| 1 | | (21) Violation of the Health Care Worker Self-Referral | 2 | | Act.
| 3 | | (22) Failure to refer a patient whose condition should, | 4 | | at the time of evaluation or treatment, be determined to be | 5 | | beyond the scope of practice of the acupuncturist to a | 6 | | licensed physician or dentist. | 7 | | (23) Holding himself or herself out as being trained in | 8 | | Chinese herbology without being able to provide the | 9 | | Department with proof of status as a Diplomate of Oriental | 10 | | Medicine certified by the National Certification | 11 | | Commission for Acupuncture and Oriental Medicine or a | 12 | | substantially equivalent status approved by the Department | 13 | | or proof that he or she has successfully completed the | 14 | | National Certification Commission for Acupuncture and | 15 | | Oriental Medicine Chinese Herbology Examination or a | 16 | | substantially equivalent examination approved by the | 17 | | Department. | 18 | | The entry of an order by a circuit court establishing that | 19 | | any person
holding a license under this Act is subject to | 20 | | involuntary admission or
judicial admission as provided for in | 21 | | the Mental Health and Developmental
Disabilities Code operates | 22 | | as an automatic suspension of that license. That
person may | 23 | | have his or her license restored only upon the determination by | 24 | | a
circuit court that the patient is no longer subject to | 25 | | involuntary admission or
judicial admission and the issuance of | 26 | | an order so finding and discharging the
patient and upon the |
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| 1 | | Board's recommendation to the Department that the license
be | 2 | | restored. Where the circumstances so indicate, the Board may | 3 | | recommend to
the Department that it require an examination | 4 | | prior to restoring a suspended
license.
| 5 | | The Department may refuse to issue or renew the license
of | 6 | | any person
who
fails to (i) file a return or to pay the tax,
| 7 | | penalty or interest shown in a filed return or (ii) pay any | 8 | | final
assessment of the tax, penalty, or interest as required | 9 | | by any tax
Act administered by the Illinois Department of | 10 | | Revenue, until the
time that the requirements of that tax Act | 11 | | are satisfied.
| 12 | | In enforcing this Section, the Department upon a showing of
| 13 | | a
possible
violation may compel an individual licensed to | 14 | | practice under this Act, or
who has applied for licensure under | 15 | | this Act, to submit
to a mental or physical examination, or | 16 | | both, as required by and at the expense
of the Department. The | 17 | | Department may order the examining physician to
present
| 18 | | testimony concerning the mental or physical examination of the | 19 | | licensee or
applicant. No information shall be excluded by | 20 | | reason of any common law or
statutory privilege relating to | 21 | | communications between the licensee or
applicant and the | 22 | | examining physician. The examining
physicians
shall be | 23 | | specifically designated by the Department.
The individual to be | 24 | | examined may have, at his or her own expense, another
physician | 25 | | of his or her choice present during all
aspects of this | 26 | | examination. Failure of an individual to submit to a mental
or
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| 1 | | physical examination, when directed, shall be grounds for | 2 | | suspension of his or
her
license until the individual submits | 3 | | to the examination if the Department
finds,
after notice and | 4 | | hearing, that the refusal to submit to the examination was
| 5 | | without reasonable cause.
| 6 | | If the Department finds an individual unable to practice | 7 | | because of
the
reasons
set forth in this Section, the | 8 | | Department may require that individual
to submit
to
care, | 9 | | counseling, or treatment by physicians approved
or designated | 10 | | by the Department, as a condition, term, or restriction
for | 11 | | continued,
restored, or
renewed licensure to practice; or, in | 12 | | lieu of care, counseling, or treatment,
the Department may file | 13 | | a complaint to immediately
suspend, revoke, or otherwise | 14 | | discipline the license of the individual.
An individual whose
| 15 | | license was granted, continued, restored, renewed, disciplined | 16 | | or supervised
subject to such terms, conditions, or | 17 | | restrictions, and who fails to comply
with
such terms, | 18 | | conditions, or restrictions, shall be referred to the Secretary | 19 | | for
a
determination as to whether the individual shall have his | 20 | | or her license
suspended immediately, pending a hearing by the | 21 | | Department.
| 22 | | In instances in which the Secretary immediately suspends a | 23 | | person's license
under this Section, a hearing on that person's | 24 | | license must be convened by
the Department within 30 days after | 25 | | the suspension and completed without
appreciable
delay.
The | 26 | | Department and Board shall have the authority to review the |
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| 1 | | subject
individual's record of
treatment and counseling | 2 | | regarding the impairment to the extent permitted by
applicable | 3 | | federal statutes and regulations safeguarding the | 4 | | confidentiality of
medical records.
| 5 | | An individual licensed under this Act and affected under | 6 | | this Section shall
be
afforded an opportunity to demonstrate to | 7 | | the Department that he or
she can resume
practice in compliance | 8 | | with acceptable and prevailing standards under the
provisions | 9 | | of his or her license.
| 10 | | (Source: P.A. 100-375, eff. 8-25-17.)
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