State of Illinois
92nd General Assembly
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[ Senate Amendment 001 ]


92_SB1688sam002

 










                                             LRB9215595ACcdam

 1                    AMENDMENT TO SENATE BILL 1688

 2        AMENDMENT NO.     .  Amend Senate Bill 1688, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Regulatory  Sunset  Act  is  amended  by
 6    changing Section 4.13 and adding Section 4.23 as follows:

 7        (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
 8        Sec.  4.13.  Acts  repealed  on  December  31, 2002.  The
 9    following Acts are repealed on December 31, 2002:
10        The Environmental Health Practitioner Licensing Act.
11        The Naprapathic Practice Act.
12        The Wholesale Drug Distribution Licensing Act.
13        The Dietetic and Nutrition Practice Act.
14        The Funeral Directors and Embalmers Licensing Code.
15        The  Professional  Counselor  and  Clinical  Professional
16    Counselor Licensing Act.
17    (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)

18        (5 ILCS 80/4.23 new)
19        Sec.  4.23.  Act  repealed  on  January  1,  2013.    The
20    following Act is repealed on January 1, 2013:
21        The Dietetic and Nutrition Services Practice Act.
 
                            -2-              LRB9215595ACcdam
 1        Section    10.    The  Dietetic  and  Nutrition  Services
 2    Practice Act is amended by changing Sections  10,  15,  15.5,
 3    20,  30, 40, 45, 65, 70, 75, 80, and 95 and adding Section 56
 4    as follows:

 5        (225 ILCS 30/10) (from Ch. 111, par. 8401-10)
 6        (Section scheduled to be repealed on December 31, 2002)
 7        Sec. 10.  Definitions.  As used in this Act:
 8        "Board" means the  Dietitian  Nutritionist  Dietetic  and
 9    Nutrition Services Practice Board appointed by the Director.
10        "Department"   means   the   Department  of  Professional
11    Regulation.
12        "Dietetics" means  the  integration  and  application  of
13    principles derived from the sciences of food and nutrition to
14    provide for all aspects of nutrition care for individuals and
15    groups,  including, but not limited to nutrition services and
16    medical nutrition therapy care as defined in this Act.
17        "Director"  means  the  Director  of  the  Department  of
18    Professional Regulation.
19        "Licensed  dietitian"  means  a  person  licensed   under
20    Section 45 of this Act to practice dietetics. Activities of a
21    licensed  dietitian  do  not include the medical differential
22    diagnoses of the health status of an individual.
23        "Licensed nutrition counselor" means  a  person  licensed
24    under  Section  50  of  this  Act  to  provide  any aspect of
25    nutrition services as defined in this Act.  Activities  of  a
26    licensed nutrition counselor do not include medical nutrition
27    care  as  defined  in  this  Act  or the medical differential
28    diagnoses of the health status of an individual.
29        "Licensed dietitian nutritionist" means a person licensed
30    under this Act to practice dietetics and nutrition  services,
31    including   medical  nutrition  therapy.    Activities  of  a
32    licensed dietitian nutritionist do not  include  the  medical
33    differential diagnosis of the health status of an individual.
 
                            -3-              LRB9215595ACcdam
 1        "Medical  nutrition  therapy care" means the component of
 2    nutrition care that deals with:
 3             (a)  interpreting and  recommending  nutrient  needs
 4        relative  to  medically  prescribed diets, including, but
 5        not limited to  tube  feedings,  specialized  intravenous
 6        solutions, and specialized oral feedings;
 7             (b)  food and prescription drug interactions; and
 8             (c)  developing and managing food service operations
 9        whose  chief  function is nutrition care and provision of
10        medically prescribed diets.
11        "Medically prescribed diet" means a diet prescribed  when
12    specific  food  or  nutrient  levels  need  to  be monitored,
13    altered, or both as a component of a treatment program for an
14    individual whose health status is impaired or at risk due  to
15    disease,  injury,  or  surgery  and  may only be performed as
16    initiated by or in consultation with a physician licensed  to
17    practice medicine in all of its branches.
18        "Nutrition   assessment"  means  the  evaluation  of  the
19    nutrition needs of individuals or  groups  using  appropriate
20    data   to   determine  nutrient  needs  or  status  and  make
21    appropriate nutrition recommendations.
22        "Nutrition  counseling"  means  advising  and   assisting
23    individuals  or  groups  on  appropriate  nutrition intake by
24    integrating information from the nutrition assessment.
25        "Nutrition services for  individuals  and  groups"  shall
26    include, but is not limited to, all of the following;
27             (a)  Providing  nutrition  assessments  relative  to
28        preventive maintenance or restorative care.
29             (b)  Providing  nutrition  education  and  nutrition
30        counseling  as  components  of  preventive maintenance or
31        restorative care.
32             (c)  Developing and  managing  systems  whose  chief
33        function   is  nutrition  care.  Nutrition  services  for
34        individuals and groups does not include medical nutrition
 
                            -4-              LRB9215595ACcdam
 1        therapy care as defined in this Act.
 2        "Practice   experience"    means    a    preprofessional,
 3    documented,  supervised  practice  in  dietetics or nutrition
 4    services that is acceptable to the Department  in  compliance
 5    with  requirements for licensure, as specified in Sections 45
 6    and 50. It may be or may  include  a  documented,  supervised
 7    practice  experience  which is a component of the educational
 8    requirements for licensure, as specified in Section 45 or 50.
 9        "Registered dietitian"  means  an  individual  registered
10    with the Commission on Dietetic Registration, the accrediting
11    body for the American Dietetic Association.
12        "Restorative"  means the component of nutrition care that
13    deals with oral dietary needs  for  individuals  and  groups.
14    Activities  shall  relate  to  the metabolism of food and the
15    requirements for nutrients, including dietary supplements for
16    growth, development, maintenance, or  attainment  of  optimal
17    health.
18    (Source: P.A. 87-784; 87-1000.)

19        (225 ILCS 30/15) (from Ch. 111, par. 8401-15)
20        (Section scheduled to be repealed on December 31, 2002)
21        Sec. 15.  License required.
22        (a)  No  person  may engage for remuneration in nutrition
23    services practice  or  hold  himself  or  herself  out  as  a
24    licensed  dietitian  nutritionist  nutrition counselor unless
25    the person is licensed in accordance with this Act  or  meets
26    one or more of the following criteria:
27             (1)  The  person is licensed in this State under any
28        other Act that authorizes the  person  to  provide  these
29        services.
30             (2)  The  person  is  licensed to practice nutrition
31        under the law of another state, territory of  the  United
32        States,  or  country  and  has  applied in writing to the
33        Department in form  and  substance  satisfactory  to  the
 
                            -5-              LRB9215595ACcdam
 1        Department  for  a  license  as  a dietitian nutritionist
 2        until (i) the expiration of 6  months  after  filing  the
 3        written   application,   (ii)   the   withdrawal  of  the
 4        application, or (iii) the denial of  the  application  by
 5        the Department.
 6        (b)  No  person  shall  practice dietetics, as defined in
 7    this Act, or hold  himself  or  herself  out  as  a  licensed
 8    dietitian  nutritionist  unless  that  person  is so licensed
 9    under this  Act  or  meets  one  or  more  of  the  following
10    criteria:
11             (1)  The  person is licensed in this State under any
12        other Act that authorizes the  person  to  provide  these
13        services.
14             (2)  The  person  is  a  dietary  technical  support
15        person,  working  in  a  hospital  setting or a regulated
16        Department  of  Public  Health  or  Department  on  Aging
17        facility  or  program,  who  has  been  trained  and   is
18        supervised  while engaged in the practice of dietetics by
19        a licensed dietitian nutritionist in accordance with this
20        Act and whose services are retained by that  facility  or
21        program  on  a  full  time or regular, ongoing consultant
22        basis.
23             (3)  The person is a dietitian licensed to  practice
24        dietetics  under  the  law of another state, territory of
25        the  United  States,  or  country,  or  is  a  registered
26        dietitian, who has applied in writing to  the  Department
27        in  form and substance satisfactory to the Department for
28        a license as  a  dietitian  nutritionist  until  (i)  the
29        expiration  of  6  months  after  the  filing the written
30        application, (ii) the withdrawal of the  application,  or
31        (iii) the denial of the application by the Department.
32        (c)  No  person  shall  practice  dietetics  or nutrition
33    services, as defined in this Act, or hold himself or  herself
34    out  as  a  licensed  dietitian  nutritionist, a dietitian, a
 
                            -6-              LRB9215595ACcdam
 1    nutritionist, or a nutrition counselor unless the  person  is
 2    licensed in accordance with this Act.
 3    (Source: P.A. 89-474, eff. 6-18-96.)

 4        (225 ILCS 30/15.5)
 5        (Section scheduled to be repealed on December 31, 2002)
 6        Sec.   15.5.  Unlicensed   practice;   violation;   civil
 7    penalty.
 8        (a)  Any   person  who  practices,  offers  to  practice,
 9    attempts to  practice,  or  holds  oneself  out  to  practice
10    dietetics  or  nutrition  services  counseling  without being
11    licensed under this Act  shall,  in  addition  to  any  other
12    penalty   provided  by  law,  pay  a  civil  penalty  to  the
13    Department in an amount not to exceed $5,000 for each offense
14    as determined by the Department. The civil penalty  shall  be
15    assessed  by  the  Department  after  a  hearing  is  held in
16    accordance  with  the  provisions  set  forth  in  this   Act
17    regarding  the provision of a hearing for the discipline of a
18    licensee.
19        (b)  The  Department  has  the  authority  and  power  to
20    investigate any and all unlicensed activity.
21        (c)  The civil penalty shall be paid within 60 days after
22    the effective date of the order imposing the  civil  penalty.
23    The  order  shall  constitute a judgment and may be filed and
24    execution had thereon in the same manner as any judgment from
25    any court of record.
26    (Source: P.A. 89-474, eff. 6-18-96.)

27        (225 ILCS 30/20) (from Ch. 111, par. 8401-20)
28        (Section scheduled to be repealed on December 31, 2002)
29        Sec. 20.  Exemptions.  This  Act  does  not  prohibit  or
30    restrict:
31        (a)  Any  person  licensed  in this State under any other
32    Act from engaging in the practice for  which  he  or  she  is
 
                            -7-              LRB9215595ACcdam
 1    licensed.
 2        (b)  The practice of dietetics or nutrition services by a
 3    person  who  is  employed  by  the  United  States  or  State
 4    government  or  any  of  its  bureaus, divisions, or agencies
 5    while in the discharge of the employee's official duties.
 6        (c)  The practice  of  nutrition  services  by  a  person
 7    employed  as  a  cooperative extension home economist, to the
 8    extent the activities are part of his or her employment.
 9        (d)  The practice of nutrition services or dietetics by a
10    person pursuing a course of study  leading  to  a  degree  in
11    dietetics, nutrition or an equivalent major, as authorized by
12    the  Department,  from  a  regionally  accredited  school  or
13    program,  if the activities and services constitute a part of
14    a supervised course of study and if the person is  designated
15    by  a  title  that clearly indicates the person's status as a
16    student or trainee.
17        (e)  The practice of nutrition services or dietetics by a
18    person  fulfilling   the   supervised   practice   experience
19    component  of  Sections  45  or  50,  if  the  activities and
20    services constitute a part of  the  experience  necessary  to
21    meet the requirements of Section 45 or 50.
22        (f)  A  person  from providing oral nutrition information
23    as an operator or employee of a health food store or business
24    that sells health products,  including  dietary  supplements,
25    food,  or  food materials, or disseminating written nutrition
26    information in connection with the marketing and distribution
27    of those products.
28        (g)  The practice of nutrition services  by  an  educator
29    who  is  in  the  employ  of  a  nonprofit  organization,  as
30    authorized  by  the  Department,  a federal state, county, or
31    municipal  agency,  or  other   political   subdivision;   an
32    elementary  or  secondary  school; or a regionally accredited
33    institution of higher education, as long  as  the  activities
34    and  services  of  the  educator  are  part  of  his  or  her
 
                            -8-              LRB9215595ACcdam
 1    employment.
 2        (h)  The practice of nutrition services by any person who
 3    provides  weight  control  services,  provided  the nutrition
 4    program has been reviewed by, consultation is available from,
 5    and no program change can be initiated without prior approval
 6    by an individual  licensed  under  this  Act,  an  individual
 7    licensed  to  practice  dietetics  or  nutrition  services  a
 8    dietitian  or  nutrition  counselor licensed in another state
 9    that has licensure requirements considered by the  Department
10    to be at least as stringent as the requirements for licensure
11    under this Act, or a registered dietitian.
12        (i)  The  practice  of nutrition services or dietetics by
13    any person with a masters or doctorate degree with a major in
14    nutrition or equivalent from a regionally  accredited  school
15    recognized by the Department for the purpose of education and
16    research.
17        (j)  Any  person  certified  in  this  State  and  who is
18    employed by a facility or program regulated by the  State  of
19    Illinois from engaging in the practice for which he or she is
20    certified and authorized by the Department.
21        (k)  The  practice of nutrition services by a graduate of
22    a 2 year associate program or a 4 year baccalaureate  program
23    from a school or program accredited at the time of graduation
24    by  the  appropriate  accrediting  agency  recognized  by the
25    Council on Higher Education Postsecondary  Accreditation  and
26    the  United  States  Department  of Education with a major in
27    human nutrition, food and nutrition  or  its  equivalent,  as
28    authorized  by  the Department, who is directly supervised by
29    an individual licensed under this Act.
30        (l)  Providing nutrition information as an employee of  a
31    nursing  facility  operated  exclusively  by  and  for  those
32    relying upon spiritual means through prayer alone for healing
33    in  accordance  with the tenets and practices of a recognized
34    church or religious denomination.
 
                            -9-              LRB9215595ACcdam
 1        The provisions of this Act  shall  not  be  construed  to
 2    prohibit  or  limit any person from the free dissemination of
 3    information, from conducting a  class  or  seminar,  or  from
 4    giving  a speech related to nutrition if that person does not
 5    hold himself or herself out as a licensed nutrition counselor
 6    or licensed dietitian in a manner prohibited by Section 15.
 7    (Source: P.A. 87-784; 87-1000.)

 8        (225 ILCS 30/30) (from Ch. 111, par. 8401-30)
 9        (Section scheduled to be repealed on December 31, 2002)
10        Sec. 30.  Practice Board.  The Director shall  appoint  a
11    Dietitian   Nutritionist   Dietetic  and  Nutrition  Services
12    Practice Board as follows: 7 Seven individuals who  shall  be
13    appointed  by  and shall serve in an advisory capacity to the
14    Director.  Of these 7 individuals, 4 members must be licensed
15    under this Act and  currently  engaged  in  the  practice  of
16    dietetics  or nutrition services in the State of Illinois and
17    must have been doing so for a minimum of 3 years, 2  of  whom
18    shall  be  licensed  dietitians  who are not also licensed as
19    nutrition counselors under this Act and 2 of  whom  shall  be
20    licensed  nutrition  counselors  who  are  not  also licensed
21    dietitians under this Act; one member  must  be  a  physician
22    licensed  to  practice  medicine  in all of its branches; one
23    member must be a licensed professional nurse; and one  member
24    must be a public member not licensed under this Act.
25        Members   shall  serve  3  year  terms  and  until  their
26    successors are appointed and qualified, except the  terms  of
27    the  initial appointments.  The initial appointments shall be
28    served as follows:  2 members shall be appointed to serve for
29    one year, 2 shall be appointed to serve for 2 years, and  the
30    remaining members shall be appointed to serve for 3 years and
31    until  their  successors  are  appointed  and  qualified.  No
32    member shall be reappointed to the  Board  for  a  term  that
33    would  cause his or her continuous service on the Board to be
 
                            -10-             LRB9215595ACcdam
 1    longer than 8 years.  Appointments to fill vacancies shall be
 2    made in the same manner as  original  appointments,  for  the
 3    unexpired  portion  of the vacated term.  Initial terms shall
 4    begin upon the effective date of this Act and  Board  members
 5    in  office  on that date shall be appointed to specific terms
 6    as indicated in this Section.
 7        The membership of the Board  shall  reasonably  represent
 8    all  the geographic areas in this State.  Any time there is a
 9    vacancy on the Board, any professional  association  composed
10    of persons licensed under this Act may recommend licensees to
11    fill  the  vacancy  to  the  Board  for  the  appointment  of
12    licensees,  the  organization representing the largest number
13    of licensed physicians for the appointment of  physicians  to
14    the  Board,  and  the  organization  representing the largest
15    number of licensed professional nurses for the appointment of
16    a nurse to the Board.
17        Members of the Board  shall  have  no  liability  in  any
18    action  based  upon  any  disciplinary  proceeding  or  other
19    activity performed in good faith as members of the Board.
20        The  Director  shall  have  the  authority  to remove any
21    member of the Board from  office  for  neglect  of  any  duty
22    required  by  law  or  for  incompetency or unprofessional or
23    dishonorable conduct.
24        The Director shall consider  the  recommendation  of  the
25    Board  on  questions  of  standards  of professional conduct,
26    discipline, and qualifications  of  candidates  or  licensees
27    under this Act.
28    (Source: P.A. 87-784; 87-1000.)

29        (225 ILCS 30/40) (from Ch. 111, par. 8401-40)
30        (Section scheduled to be repealed on December 31, 2002)
31        Sec.  40.  Examinations.   The Department shall authorize
32    examinations of applicants for a license under  this  Act  as
33    dietitians  or  nutrition  counselors at the times and places
 
                            -11-             LRB9215595ACcdam
 1    that it may determine.  The examination of  applicants  shall
 2    be  of  a character to give a fair test of the qualifications
 3    of  the  applicant  to  practice  dietetics   and   nutrition
 4    services.   The  Department or its designated testing service
 5    shall provide initial screening to determine  eligibility  of
 6    applicants for examination.
 7        Applicants  for  examination  as  dietitians or nutrition
 8    counselors shall be required to pay, either to the Department
 9    or the designated testing service, a fee covering the cost of
10    providing  the  examination.   Failure  to  appear  for   the
11    examination  on  the  scheduled  date,  at the time and place
12    specified, after the applicant's application for  examination
13    has  been  received and acknowledged by the Department or the
14    designated testing service, shall result in the forfeiture of
15    the examination fee.
16        If an applicant neglects, fails, or refuses  to  take  an
17    examination  or  fails  to  pass an examination for a license
18    under this Act within 3 years after  filing  an  application,
19    the  application shall be denied.  However, the applicant may
20    thereafter make a new application accompanied by the required
21    fee and shall meet the requirements for licensure in force at
22    the time of making the new application.
23        The Department may employ consultants for the purpose  of
24    preparing and conducting examinations.
25    (Source: P.A. 87-784; 87-1000.)

26        (225 ILCS 30/45) (from Ch. 111, par. 8401-45)
27        (Section scheduled to be repealed on December 31, 2002)
28        Sec.   45.  Dietitian  nutritionist;  qualifications.   A
29    person shall  be  qualified  for  licensure  as  a  dietitian
30    nutritionist  if  that  person  meets  all  of  the following
31    requirements:
32        (a)  Has  applied  in  writing  in  form  and   substance
33    acceptable  to  the  Department and possesses a baccalaureate
 
                            -12-             LRB9215595ACcdam
 1    degree or post baccalaureate degree in human nutrition, foods
 2    and nutrition, dietetics, food systems management,  nutrition
 3    education,   or  an  equivalent  major  course  of  study  as
 4    recommended by the Board and approved by the Department  from
 5    a school or program accredited at the time of graduation from
 6    the appropriate regional accrediting agency recognized by the
 7    Council  on Higher Education Post-secondary Accreditation and
 8    the United States Department of Education.
 9        (b)  Has   successfully   completed    the    examination
10    authorized  by  the Department which may be or may include an
11    examination given by the Commission on Dietetic Registration.
12        The Department shall establish by rule a  waiver  of  the
13    examination  requirement  to  applicants  who, at the time of
14    application, are acknowledged to be registered dietitians  by
15    the  Commission  on  Dietetic  Registration  and  who  are in
16    compliance with other qualifications as included in the Act.
17        (c)  Has completed a dietetic internship  or  documented,
18    supervised  practice  experience  in  dietetics and nutrition
19    services of not less than 900 hours under the supervision  of
20    a  registered dietitian or a licensed dietitian nutritionist,
21    a State licensed healthcare practitioner,  or  an  individual
22    with  a  doctoral  degree  conferred  by  a  U.S.  regionally
23    accredited college or university with a major course of study
24    in  human nutrition, nutrition education, food and nutrition,
25    dietetics or food  systems  management.  Supervised  practice
26    experience  must  be  completed  in  the United States or its
27    territories. Supervisors who obtained their  doctoral  degree
28    outside the United States and its territories must have their
29    degrees  validated  as  equivalent  to  the  doctoral  degree
30    conferred   by   a  U.S.  regionally  accredited  college  or
31    university.
32    (Source: P.A. 87-784; 87-1000.)

33        (225 ILCS 30/56 new)
 
                            -13-             LRB9215595ACcdam
 1        (Section scheduled to be repealed on January 1, 2013)
 2        Sec. 56. Transition.  Beginning  November  1,  2003,  the
 3    Department shall cease to issue a license as a dietitian or a
 4    nutrition counselor.  Any person holding a valid license as a
 5    dietitian  or  nutrition  counselor prior to November 1, 2003
 6    and having met the conditions for renewal of a license  under
 7    Section  65  of  this  Act,  shall  be  issued a license as a
 8    dietitian nutritionist under this Act and shall be subject to
 9    continued regulation by the Department under this  Act.   The
10    Department may adopt rules to implement this Section.

11        (225 ILCS 30/65) (from Ch. 111, par. 8401-65)
12        (Section scheduled to be repealed on December 31, 2002)
13        Sec.  65.  Expiration  and  renewal dates. The expiration
14    date and renewal period for each license  issued  under  this
15    Act shall be set by rule.
16        As  a  condition for renewal of a license that expires on
17    October 31, 2003, a licensed  nutrition  counselor  shall  be
18    required to complete and submit to the Department proof of 30
19    hours  of  continuing  education  in  dietetics  or nutrition
20    services during the 24 months preceding the  expiration  date
21    of  the  license  in accordance with rules established by the
22    Department.  A minimum of 24 hours of the required  30  hours
23    of   continuing  education  shall  be  in  medical  nutrition
24    therapy, which shall include diet therapy, medical dietetics,
25    clinical  nutrition,  or  the  equivalent,  as  provided   by
26    continuing  education  sponsors  approved  by the Department.
27    The Department may adopt rules to implement this Section.
28        As a condition for renewal of  a  license,  the  licensee
29    shall   be  required  to  complete  30  hours  of  continuing
30    education in dietetics or nutrition services  during  the  24
31    months  preceding  the  expiration  date  of  the  license in
32    accordance with rules  established  by  the  Department.  The
33    continuing  education  shall  be  in  courses approved by the
 
                            -14-             LRB9215595ACcdam
 1    Commission on Dietetic Registration or in courses taken  from
 2    a  sponsor  approved  by  the  Department. A sponsor shall be
 3    required to file an application, meet  the  requirements  set
 4    forth in the rules of the Department, and pay the appropriate
 5    fee. The requirements for continuing education may be waived,
 6    in  whole or in part, in cases of extreme hardship as defined
 7    by rule of the Department. The Department  shall  provide  an
 8    orderly  process  for the reinstatement of licenses that have
 9    not been renewed due to the failure to  meet  the  continuing
10    education requirements of this Section.
11        Any  person  who  has  permitted   his  or her license to
12    expire or who has had his or her license on  inactive  status
13    may have the license restored by submitting an application to
14    the  Department,  meeting  continuing education requirements,
15    and filing proof acceptable with the Department of fitness to
16    have the license restored, which may include  sworn  evidence
17    certifying   to   active  practice  in  another  jurisdiction
18    satisfactory to the Department and  by  paying  the  required
19    restoration fee.
20        If  the  person  has not maintained an active practice in
21    another jurisdiction  satisfactory  to  the  Department,  the
22    Department   shall   determine,   by  an  evaluation  program
23    established by rule, his or  her  fitness  to  resume  active
24    status  and  may  require  the person to complete a period of
25    evaluated professional experience and may require  successful
26    completion of a practical examination.
27        Any  person,  however, whose license expired while (i) in
28    Federal Service on active duty with the Armed Forces  of  the
29    United  States,  or  called into service or training with the
30    State Militia, or (ii) in training  or  education  under  the
31    supervision  of  the  United  States preliminary to induction
32    into the  military  service  may  have  his  or  her  license
33    restored  without  paying any lapsed renewal fees if within 2
34    years after honorable termination of the  service,  training,
 
                            -15-             LRB9215595ACcdam
 1    or   education  he  or  she  furnishes  the  Department  with
 2    satisfactory evidence to the effect that he or she  has  been
 3    so  engaged  and  that the service, training or education has
 4    been terminated.
 5    (Source: P.A. 87-784; 87-1000.)

 6        (225 ILCS 30/70) (from Ch. 111, par. 8401-70)
 7        (Section scheduled to be repealed on December 31, 2002)
 8        Sec. 70.  Inactive status; restoration.  Any  person  who
 9    notifies the Department in writing on forms prescribed by the
10    Department  may  elect  to  place  his  or  her license on an
11    inactive  status  and  shall,  subject  to   rules   of   the
12    Department,  be excused from payment of renewal fees until he
13    or she notifies the Department in writing of the  desires  to
14    resume active status.
15        Any  person  requesting  restoration from inactive status
16    shall be required to pay the current renewal fee, shall  meet
17    continuing  education  requirements, and shall be required to
18    restore his or her license as provided in Section 65 of  this
19    Act.
20        A  person  licensed under this Act dietitian or nutrition
21    counselor whose  license  is  on  inactive  status  or  in  a
22    non-renewed  status  shall  not  engage  in  the  practice of
23    dietetics or nutrition services in the State of  Illinois  or
24    use  the  title  or  advertise  that  he  or she performs the
25    services of a licensed dietitian  nutritionist  or  nutrition
26    counselor.
27        Any  person violating this Section shall be considered to
28    be practicing without a license and will be  subject  to  the
29    disciplinary provisions of this Act.
30    (Source: P.A. 87-784; 87-1000.)

31        (225 ILCS 30/75) (from Ch. 111, par. 8401-75)
32        (Section scheduled to be repealed on December 31, 2002)
 
                            -16-             LRB9215595ACcdam
 1        Sec.  75.  Endorsement.   The Department may license as a
 2    dietitian  nutritionist  or  nutrition   counselor,   without
 3    examination,  on payment of required fee, an applicant who is
 4    a  dietitian,  dietitian   nutritionist,   nutritionist,   or
 5    nutrition counselor licensed under the laws of another state,
 6    territory,  or  country, if the requirements for licensure in
 7    the state, territory, or country in which the  applicant  was
 8    licensed   were,  at  the  date  of  his  or  her  licensure,
 9    substantially equal to the requirements of this Act.
10    (Source: P.A. 87-784; 87-1000.)

11        (225 ILCS 30/80) (from Ch. 111, par. 8401-80)
12        (Section scheduled to be repealed on December 31, 2002)
13        Sec. 80.  Use of title; advertising. Only a person who is
14    issued a license as a dietitian nutritionist under  this  Act
15    may  use  the  words  "dietitian  nutritionist", "dietitian",
16    "nutritionist",  or  "nutrition  counselor"  or  the  letters
17    "L.D.N." in connection with his or her name.
18        A  person  who  meets   the   additional   criteria   for
19    registration  by  the Commission on Dietetic Registration for
20    the American Dietetic Association may assume or use the title
21    or  designation   "Registered   Dietitian"   or   "Registered
22    Dietician"  or  use the letters "R.D." or any words, letters,
23    abbreviations, or insignia indicating that the  person  is  a
24    registered dietitian.
25        Any   person   who  meets  the  additional  criteria  for
26    certification by the Clinical Nutrition  Certification  Board
27    of  the  International  and American Associations of Clinical
28    Nutritionists may assume or  use  the  title  or  designation
29    "Certified Clinical Nutritionist" or use the letters "C.C.N."
30    or  any words, letters, abbreviations, or insignia indicating
31    that the person is a certified clinical nutritionist.
32        Any  person  who  meets  the  additional   criteria   for
33    certification   by   the  Certification  Board  of  Nutrition
 
                            -17-             LRB9215595ACcdam
 1    Specialists may  assume  or  use  the  title  or  designation
 2    "Certified Nutrition Specialist", or use the letters "C.N.S."
 3    or  any words, letters, abbreviations, or insignia indicating
 4    that the person is a certified nutrition specialist.
 5        A licensee  shall  include  in  every  advertisement  for
 6    services  regulated  under  this  Act  his or her title as it
 7    appears on the license or the initials authorized under  this
 8    Act.
 9        (a)  Only a person who is issued a license as a dietitian
10    under  this Act may use the words "licensed dietitian" or the
11    letters "L.D." in connection with his or her name.  A  person
12    who  meets  the  additional  criteria for registration by the
13    Commission on Dietetic Registration for the American Dietetic
14    Association may  assume  or  use  the  title  or  designation
15    "Registered  Dietitian" or "Registered Dietician", or use the
16    letters "R.D."  or  any  words,  letters,  abbreviations,  or
17    insignia   indicating   that   the  person  is  a  registered
18    dietitian.
19        (b)  Only a person who is issued a license as a nutrition
20    counselor under the terms of this Act  may  use  the  letters
21    "L.N.C."  or  the  words  "licensed  nutrition  counselor" in
22    connection with his or her name.
23        (c)  A licensee shall include in every advertisement  for
24    services  regulated  under  this  Act  his or her title as it
25    appears on the license or the initials authorized under  this
26    Act.
27    (Source: P.A. 91-310, eff. 1-1-00.)

28        (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
29        (Section scheduled to be repealed on December 31, 2002)
30        Sec. 95.  Grounds for discipline.
31        (1)  The  Department may refuse to issue or renew, or may
32    revoke, suspend, place on probation, reprimand, or take other
33    disciplinary  action  as  the  Department  may  deem  proper,
 
                            -18-             LRB9215595ACcdam
 1    including fines not to exceed $1000 for each violation,  with
 2    regard   to  any  license  or  certificate  for  any  one  or
 3    combination of the following causes:
 4             (a)  Material misstatement in furnishing information
 5        to the Department.
 6             (b)  Violations of this Act or its rules.
 7             (c)  Conviction of any crime under the laws  of  the
 8        United  States  or any state or territory thereof that is
 9        (i) a felony; (ii) a misdemeanor, an essential element of
10        which is dishonesty; or (iii) a crime  that  is  directly
11        related to the practice of the profession.
12             (d)  Making any misrepresentation for the purpose of
13        obtaining  licensure  or  violating any provision of this
14        Act.
15             (e)  Professional incompetence or gross negligence.
16             (f)  Malpractice.
17             (g)  Aiding or assisting another person in violating
18        any provision of this Act or its rules.
19             (h)  Failing to provide information within  60  days
20        in response to a written request made by the Department.
21             (i)  Engaging    in   dishonorable,   unethical   or
22        unprofessional conduct of a character likely to  deceive,
23        defraud, or harm the public.
24             (j)  Habitual  or  excessive  use  or  addiction  to
25        alcohol,  narcotics,  stimulants,  or  any other chemical
26        agent or drug that results in the inability  to  practice
27        with reasonable judgment, skill, or safety.
28             (k)  Discipline  by  another  state,  territory,  or
29        country if at least one of the grounds for the discipline
30        is  the  same  or  substantially  equivalent to those set
31        forth in this Act.
32             (l)  Directly or indirectly giving to  or  receiving
33        from  any  person,  firm,  corporation,  partnership,  or
34        association any fee, commission, rebate, or other form of
 
                            -19-             LRB9215595ACcdam
 1        compensation  for  any professional services not actually
 2        or personally rendered.
 3             (m)  A finding by the Department that the  licensee,
 4        after  having  his  or her license placed on probationary
 5        status, has violated the terms of probation.
 6             (n)  Conviction   by   any   court   of    competent
 7        jurisdiction, either within or outside this State, of any
 8        violation  of any law governing the practice of dietetics
 9        or nutrition counseling, if  the  Department  determines,
10        after   investigation,  that  the  person  has  not  been
11        sufficiently rehabilitated to warrant the public trust.
12             (o)  A finding that licensure has been  applied  for
13        or obtained by fraudulent means.
14             (p)  Practicing  or  attempting  to practice under a
15        name other than the full name as shown on the license  or
16        any other legally authorized name.
17             (q)  Gross and willful overcharging for professional
18        services  including  filing  statements for collection of
19        fees or monies for which services are not rendered.
20             (r)  Failure to (i) file a return, (ii) pay the tax,
21        penalty or interest shown in a filed return, or (iii) pay
22        any final assessment of  tax,  penalty  or  interest,  as
23        required  by  any  tax  Act  administered by the Illinois
24        Department of Revenue, until the requirements of any such
25        tax Act are satisfied.
26             (s)  Willfully failing  to  report  an  instance  of
27        suspected  child  abuse  or  neglect  as  required by the
28        Abused and Neglected Child Reporting Act.
29        (2)  In enforcing this Section, the Board, upon a showing
30    of a possible violation, may compel a licensee  or  applicant
31    to  submit  to  a mental or physical examination, or both, as
32    required by and  at  the  expense  of  the  Department.   The
33    examining  physician  shall be specifically designated by the
34    Board.  The Board or the Department may order  the  examining
 
                            -20-             LRB9215595ACcdam
 1    physician  to  present  testimony  concerning  the  mental or
 2    physical  examination  of  a  licensee  or   applicant.    No
 3    information  may  be  excluded by reason of any common law or
 4    statutory privilege  relating  to  communications  between  a
 5    licensee  or  applicant  and  the  examining  physician.   An
 6    individual  to  be  examined  may  have,  at  his  or her own
 7    expense, another physician  of  his  or  her  choice  present
 8    during  all  aspects  of  the  examination.   Failure  of  an
 9    individual  to  submit  to  a mental or physical examination,
10    when directed, is  grounds  for  suspension  of  his  or  her
11    license.  The  license  must  remain suspended until the time
12    that the individual submits to the examination or  the  Board
13    finds, after notice and a hearing, that the refusal to submit
14    to  the  examination  was with reasonable cause. If the Board
15    finds that an individual is unable to practice because of the
16    reasons set forth in this Section, the Board must require the
17    individual to submit to care, counseling, or treatment  by  a
18    physician  approved  by  the  Board, as a condition, term, or
19    restriction for continued, reinstated, or  renewed  licensure
20    to  practice.  In lieu of care, counseling, or treatment, the
21    Board may recommend that the Department file a  complaint  to
22    immediately  suspend  or revoke the license of the individual
23    or otherwise discipline him or  her.   Any  individual  whose
24    license   was  granted,  continued,  reinstated,  or  renewed
25    subject to conditions, terms, or  restrictions,  as  provided
26    for in this Section, or any individual who was disciplined or
27    placed  on  supervision  pursuant  to  this  Section  must be
28    referred to the Director for a determination  as  to  whether
29    the  individual  shall  have  his  or  her  license suspended
30    immediately, pending a hearing by the Board.
31        The Department shall deny any license  or  renewal  under
32    this  Act  to  any person who has defaulted on an educational
33    loan  guaranteed   by   the   Illinois   Student   Assistance
34    Commission;  however,  the  Department may issue a license or
 
                            -21-             LRB9215595ACcdam
 1    renewal  if  the  person  in  default   has   established   a
 2    satisfactory  repayment  record as determined by the Illinois
 3    Student Assistance Commission.
 4        The determination by a circuit court that a registrant is
 5    subject to involuntary admission  or  judicial  admission  as
 6    provided  in the Mental Health and Developmental Disabilities
 7    Code operates as an  automatic  suspension.  This  suspension
 8    will  end  only upon a finding by a court that the patient is
 9    no  longer  subject  to  involuntary  admission  or  judicial
10    admission,  the  issuance  of  an  order   so   finding   and
11    discharging  the patient, and the recommendation of the Board
12    to the Director that the  registrant  be  allowed  to  resume
13    practice.
14    (Source: P.A. 87-784; 87-1000.)

15        (225 ILCS 30/50 rep.)
16        (225 ILCS 30/60 rep.)
17        Section 90.  The Dietetic and Nutrition Services Practice
18    Act is amended by repealing Sections 50 and 60.

19        Section  99.   Effective  date.  This Section, Section 5,
20    and Sections 56 and 65 of the Dietetic and Nutrition Practice
21    Act  take  effect  upon  becoming  law.   All  of  the  other
22    provisions take effect October 31, 2003.".

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