|
(b) The following Acts are repealed on December 31, 2008: |
The Medical Practice Act of 1987. |
The Environmental Health Practitioner Licensing Act.
|
(Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; |
94-1085, eff. 1-19-07; revised 1-22-07.)
|
(5 ILCS 80/4.28 new) |
Sec. 4.28. Act repealed on January 1, 2018. The following |
Act is repealed on January 1, 2018: |
The Acupuncture Practice Act.
|
Section 10. The Acupuncture Practice Act is amended by |
changing Sections 10, 20.1, 35, 60, 70, 105, 110, 120, 130, |
140, 155, 160, 165, 170, 175, 180, 190, and 195 as follows:
|
(225 ILCS 2/10)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 10. Definitions. As used in this Act:
|
"Acupuncture" means the evaluation or treatment of persons |
affected
through a method of stimulation of a certain point or |
points on or immediately
below the surface of
the body by the |
insertion of pre-sterilized, single-use, disposable needles,
|
unless medically contraindicated, with or without the |
application of heat,
electronic stimulation, or manual |
pressure
to prevent or modify the perception of
pain, to |
normalize physiological functions, or for the
treatment of |
|
certain diseases or dysfunctions of the body and includes |
activities referenced in Section 15 of this Act for which a |
written referral is not required.
Acupuncture does not include |
radiology, electrosurgery, chiropractic technique,
physical |
therapy, naprapathic technique, use or prescribing of any |
drugs,
medications, herbal preparations, nutritional |
supplements, serums, or vaccines,
or determination of a |
differential
diagnosis.
An acupuncturist
registered under this |
Act who is not also licensed as a physical therapist
under
the |
Illinois Physical Therapy Act shall not hold himself or herself |
out as
being qualified to provide physical therapy or |
physiotherapy services.
An
acupuncturist shall refer to a |
licensed physician or dentist, any
patient whose condition |
should, at the time of evaluation or treatment,
be determined |
to be beyond the scope of practice of the acupuncturist.
|
"Acupuncturist" means a person who practices acupuncture
|
and who is licensed by the Department.
|
"Board" means the Board of Acupuncture.
|
"Dentist" means a person licensed under the Illinois Dental |
Practice Act.
|
"Department" means the Department of Financial and
|
Professional
Regulation.
|
"Director" means the Director of Professional
Regulation.
|
"Physician" means a person licensed under the Medical |
Practice Act of 1987.
|
"Referral by written order" for purposes of this Act means |
|
a
diagnosis, substantiated by signature of a physician or |
dentist, identifying a
patient's condition and recommending |
treatment by acupuncture as defined in
this Act. The diagnosis |
shall remain in effect until changed by the physician
or |
dentist who may, through express direction in the referral, |
maintain management of the patient.
|
"Secretary" means the Secretary of Financial and |
Professional Regulation.
|
"State" includes:
|
(1) the states of the United States of America;
|
(2) the District of Columbia; and
|
(3) the Commonwealth of Puerto Rico.
|
(Source: P.A. 93-999, eff. 8-23-04.)
|
(225 ILCS 2/20.1)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 20.1. Guest instructors of acupuncture; professional |
education. The provisions of this Act
do not prohibit an |
acupuncturist from another state
State or country, who is not
|
licensed under this Act and who is an invited guest of a |
professional
acupuncture association or scientific acupuncture |
foundation or an acupuncture
training program or continuing |
education provider that is approved by the Department under |
this
Act, from engaging in professional education through |
lectures, clinics, or
demonstrations, provided that the |
acupuncturist is currently licensed in another state or |
|
country, his or her license is active and has not been |
disciplined, and he or she is currently certified in good |
standing as an acupuncturist by the National Certification |
Commission for Acupuncture and Oriental Medicine. |
Licensees under this Act may engage in professional |
education through lectures, clinics, or demonstrations as an |
invited guest of a professional acupuncture association or |
scientific acupuncture foundation or an acupuncture training |
program or continuing education provider approved by the |
Department under this Act. The Department may, but is not |
required to, establish rules concerning this Section.
To |
qualify as a guest instructor of acupuncture, the
acupuncturist |
must have been issued a guest instructor of acupuncture permit |
by
the Department. The Department shall grant a guest |
instructor of acupuncture
permit if the Department determines |
that the applicant for the permit (i) is
currently certified in |
good standing as an acupuncturist by the National
Certification |
Commission for Acupuncture and Oriental Medicine; or (ii) has
|
sufficient training to qualify as a licensed acupuncturist in |
Illinois. By
rule, the Department may prescribe forms that |
shall be used to apply for guest
instructor of acupuncture |
permits and charge an application fee to defray
expenses borne |
by the Department in connection with implementation of this
|
amendatory Act of the 92nd General Assembly. The applicant |
shall submit his
or her application for a guest instructor of |
acupuncture permit to the
Department. The Department shall |
|
issue a guest instructor of acupuncture
permit, or indicate why |
the Department has refused to issue the permit, within
60 days |
after the application is complete and on file with the |
Department.
The Department shall maintain a registry of guest |
instructors of acupuncture.
A guest instructor of acupuncture |
permit shall be valid for 12 months. The
guest instructor of |
acupuncture may engage in the application of acupuncture
|
techniques in conjunction with the lectures, clinics, or |
demonstrations for a
maximum of 12 months, but may not open an |
office, appoint a place to meet
private patients, consult with |
private patients, or otherwise engage in the
practice of |
acupuncture beyond what is required in conjunction with these
|
lectures, clinics, or demonstrations.
|
(Source: P.A. 92-70, eff. 7-12-01.)
|
(225 ILCS 2/35)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 35. Board of Acupuncture. The Secretary
Director shall |
appoint a Board of
Acupuncture to
consist of 7 persons who |
shall be appointed by and shall serve in an advisory
capacity |
to the Secretary
Director. Four members must hold an active |
license to engage in
the practice of acupuncture in this State, |
one member shall be a chiropractic
physician licensed under the |
Medical Practice Act of 1987 who is actively
engaged in the |
practice of acupuncture, one member shall be a physician
|
licensed to practice medicine in all of its branches in |
|
Illinois, and one
member must be a member of the public who is |
not licensed under this
Act or a
similar Act of another |
jurisdiction and who has no connection with the
profession.
The |
initial appointees who would otherwise be required to be |
licensed
acupuncturists shall instead be individuals who have |
been practicing
acupuncture for at least 5 years and who are |
eligible under this Act for
licensure as acupuncturists.
|
Members shall serve 4-year terms and until their successors |
are appointed and
qualified, except that of the initial |
appointments, one member shall be
appointed
to serve for 1 |
year, 2 members shall be appointed to serve for 2 years, 2
|
members shall be appointed to serve for 3 years, and 2 members |
shall be
appointed to serve for 4
years and until their |
successors are appointed and qualified. No member shall
be |
reappointed to the Board for a term that would cause his or her |
continuous
service on the Board to be longer than 8 consecutive |
years. Appointments to
fill vacancies shall be made in the same |
manner as original appointments for
the unexpired portion of |
the vacated term. Initial terms shall begin upon the
effective |
date of this amendatory Act of 1997.
|
The Board may
shall annually elect a chairperson and a |
vice-chairperson who shall
preside in the absence of the |
chairperson. The membership of the Board should
reasonably |
reflect representation from the geographic areas in this State. |
The
Secretary
Director may terminate the appointment of any |
member for cause.
The Secretary
Director may give due |
|
consideration to all recommendations of the Board. A
majority |
of the Board members currently appointed shall constitute a |
quorum. A
vacancy in the membership of the Board shall not |
impair the right of a quorum
to exercise the right and perform |
all the duties of the Board. Members of the
Board shall have no |
liability in any action based upon any disciplinary
proceeding |
or other activity performed in good faith as a member of the
|
Board.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/60)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 60. Exhibition of
Display of license upon request; |
change of
address. A
holder of a license under this Act shall
|
display the
license in a
conspicuous place in the office or |
offices where the holder
practices acupuncture. A licensee |
shall, whenever
requested,
exhibit his or her license to any
|
representative of the
Department
and shall notify the |
Department of the address or addresses, and of
every change of |
address, where the licensee practices
acupuncture.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/70)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70. Renewal, reinstatement, or restoration of
|
license; continuing education; military service. The
|
|
expiration date and renewal period
for each license issued |
under this Act shall be set by
rule. The
holder of a license |
may renew that license during the
month
preceding its |
expiration date by paying the required fee.
|
In order to renew or restore a license, applicants shall
|
provide proof of having met the
requirements of continuing |
education set forth in the
rules of the
Department. Continuing |
education sponsors approved by the Department may not use an |
individual to engage in clinical demonstration, unless that |
individual is actively licensed under this Act or licensed by |
another state or country as set forth in Section 20.1 of this |
Act.
|
A person who has permitted his or her license to expire or |
who has had
his or her license on inactive status may have the |
license restored by
submitting an application to the |
Department, by meeting continuing education
requirements, and |
by filing proof acceptable to the Department of fitness to
have |
the license restored, which may include sworn evidence |
certifying to
active practice in another jurisdiction |
satisfactory to the Department and by
paying the required |
restoration fee. If the person has not maintained an
active |
practice in another jurisdiction satisfactory to the |
Department, the
Department shall determine, by an evaluation |
program established by rule, his
or her fitness to resume |
active status and may require the person to complete a
period |
of evaluated clinical experience and may require successful |
|
completion
of a practical examination.
|
Any acupuncturist whose license expired while he or she
was
|
(1) in federal service on active duty with the Armed Forces of |
the
United States or the State Militia called into service or |
training
or (2) in training or education under the supervision |
of the
United States preliminary to induction into the military |
service,
however, may have his or her registration restored |
without paying any
lapsed renewal fees if within 2 years after |
honorable termination
of service, training, or education, he or |
she furnishes the
Department with satisfactory evidence that he |
or she
has been so engaged and that his or her service, |
training, or
education has been terminated.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/105)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 105. Unlicensed practice; civil penalty. A person who |
practices,
offers to practice, attempts to practice, or holds |
himself or herself out to
practice as
a
licensed acupuncturist |
without being licensed under this Act shall, in addition
to any |
other penalty provided by law, pay a civil penalty to the |
Department in
an amount not to exceed $10,000
$5,000 for each |
offense as determined by the
Department. The civil penalty |
shall be assessed by the Department after a
hearing is held in |
accordance with the provisions set forth in this Act
regarding |
the provision of a hearing for the discipline of a licensee.
|
|
(Source: P.A. 90-61, eff. 7-3-97.)
|
(225 ILCS 2/110)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 110. Grounds for disciplinary action.
|
(a) The Department may refuse to issue or to renew, place |
on probation,
suspend, revoke or take other disciplinary or |
non-disciplinary action as deemed appropriate
including the |
imposition of fines not to exceed $10,000
$5,000 for each
|
violation,
as the Department may deem proper,
with
regard to a |
license for any one or combination of the
following
causes:
|
(1) Violations of the Act or its rules.
|
(2) Conviction or plea of guilty or nolo contendere of |
any crime under the laws of the United States or any state |
or territory thereof
U.S.
jurisdiction that is (i) a felony |
or , (ii) a misdemeanor, an
essential element of which is |
dishonesty or that is , or (iii) directly
related to the |
practice of the profession.
|
(3) Making any misrepresentation for the purpose of
|
obtaining a license.
|
(4) Aiding or assisting another person in violating any
|
provision of this Act or its rules.
|
(5) Failing to provide information within 60 days in
|
response to a written request made by the Department which |
has
been sent by certified or registered mail to the |
licensee's
last known address.
|
|
(6) Discipline by another U.S. jurisdiction or foreign
|
nation, if at least one of the grounds for the discipline |
is the same or
substantially equivalent to one set forth in |
this Section.
|
(7) Solicitation of professional services by means |
other
than permitted under this Act.
|
(8) Failure to provide a patient with a copy of his or
|
her record upon the written request of the patient.
|
(9) Gross negligence in the practice of acupuncture.
|
(10) Habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants, or any other chemical agent or drug |
that results in an
acupuncturist's inability to practice |
with reasonable judgment, skill, or
safety.
|
(11) A finding that licensure has been
applied for or
|
obtained by fraudulent means.
|
(12) A pattern of practice or other behavior that |
demonstrates
incapacity or incompetence to practice under |
this Act.
|
(13) Being named as a perpetrator in an indicated |
report
by the Department of Children and Family Services |
under the
Abused and Neglected Child Reporting Act and upon |
proof by
clear and convincing evidence that the licensee |
has caused a
child to be an abused child or a neglected |
child as defined in
the Abused and Neglected Child |
Reporting Act.
|
(14) Wilfully failing to report an instance of |
|
suspected
child abuse or neglect as required by the Abused |
and Neglected
Child Reporting Act.
|
(15) The use of any words, abbreviations, figures or
|
letters (such as Acupuncturist, Licensed Acupuncturist,
|
Certified Acupuncturist, C.A., Act., Lic. Act., or Lic. |
Ac.)
with the intention of indicating practice as a |
licensed
acupuncturist without a valid license as an |
acupuncturist
issued under this Act.
|
(16) Using testimonials or claims of superior quality |
of care to entice
the public or advertising fee comparisons |
of available services with those of
other persons providing |
acupuncture services.
|
(17) Advertising of professional services that the |
offeror of the
services is not licensed to render. |
Advertising of professional services that
contains false, |
fraudulent, deceptive, or misleading material or |
guarantees of
success,
statements that play upon the vanity |
or fears of the public, or statements that
promote or |
produce unfair competition.
|
(18) Having treated ailments of human beings other than |
by
the practice of
acupuncture as defined in this Act, or |
having treated ailments of human beings
as a licensed |
acupuncturist pursuant to a
referral by written order
that |
provides for management of the patient by a physician or |
dentist without having notified the
physician or dentist |
who established the diagnosis that the patient is
receiving |
|
acupuncture treatment.
|
(19) Unethical, unauthorized, or unprofessional |
conduct as defined by
rule.
|
(20) Physical illness,
including but not limited to |
deterioration through
the aging process, mental illness, |
or other impairment
disability that results in the |
inability
to practice the profession with reasonable |
judgment, skill, and safety, including without limitation |
deterioration through the aging process, mental illness, |
or disability.
|
(21) Violation of the Health Care Worker Self-Referral |
Act.
|
The entry of an order by a circuit court establishing that |
any person
holding a license under this Act is subject to |
involuntary admission or
judicial admission as provided for in |
the Mental Health and Developmental
Disabilities Code operates |
as an automatic suspension of that license. That
person may |
have his or her license restored only upon the determination by |
a
circuit court that the patient is no longer subject to |
involuntary admission or
judicial admission and the issuance of |
an order so finding and discharging the
patient and upon the |
Board's recommendation to the Department that the license
be |
restored. Where the circumstances so indicate, the Board may |
recommend to
the Department that it require an examination |
prior to restoring a suspended
license.
|
The Department may refuse to issue or renew the license
of |
|
any person
who
fails to (i) file a return or to pay the tax,
|
penalty or interest shown in a filed return or (ii) pay any |
final
assessment of the tax, penalty, or interest as required |
by any tax
Act administered by the Illinois Department of |
Revenue, until the
time that the requirements of that tax Act |
are satisfied.
|
In enforcing this Section, the Department or Board upon a |
showing of
a
possible
violation may compel an individual |
licensed to practice under this Act, or
who has applied for |
licensure under this Act, to submit
to a mental or physical |
examination, or both, as required by and at the expense
of the |
Department. The Department or Board may order the examining |
physician to
present
testimony concerning the mental or |
physical examination of the licensee or
applicant. No |
information shall be excluded by reason of any common law or
|
statutory privilege relating to communications between the |
licensee or
applicant and the examining physician. The |
examining
physicians
shall be specifically designated by the |
Board or Department.
The individual to be examined may have, at |
his or her own expense, another
physician of his or her choice |
present during all
aspects of this examination. Failure of an |
individual to submit to a mental
or
physical examination, when |
directed, shall be grounds for suspension of his or
her
license |
until the individual submits to the examination if the |
Department
finds,
after notice and hearing, that the refusal to |
submit to the examination was
without reasonable cause.
|
|
If the Department or Board finds an individual unable to |
practice because of
the
reasons
set forth in this Section, the |
Department or Board may require that individual
to submit
to
|
care, counseling, or treatment by physicians approved
or |
designated by the Department or Board, as a condition, term, or |
restriction
for continued,
reinstated, or
renewed licensure to |
practice; or, in lieu of care, counseling, or treatment,
the |
Department may file, or
the Board may recommend to the |
Department to file, a complaint to immediately
suspend, revoke, |
or otherwise discipline the license of the individual.
An |
individual whose
license was granted, continued, reinstated, |
renewed, disciplined or supervised
subject to such terms, |
conditions, or restrictions, and who fails to comply
with
such |
terms, conditions, or restrictions, shall be referred to the |
Secretary
Director for
a
determination as to whether the |
individual shall have his or her license
suspended immediately, |
pending a hearing by the Department.
|
In instances in which the Secretary
Director immediately |
suspends a person's license
under this Section, a hearing on |
that person's license must be convened by
the Department within |
30
15 days after the suspension and completed without
|
appreciable
delay.
The Department and Board shall have the |
authority to review the subject
individual's record of
|
treatment and counseling regarding the impairment to the extent |
permitted by
applicable federal statutes and regulations |
safeguarding the confidentiality of
medical records.
|
|
An individual licensed under this Act and affected under |
this Section shall
be
afforded an opportunity to demonstrate to |
the Department or Board that he or
she can resume
practice in |
compliance with acceptable and prevailing standards under the
|
provisions of his or her license.
|
(Source: P.A. 93-999, eff. 8-23-04.)
|
(225 ILCS 2/120)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 120. Checks or orders to Department dishonored because
|
of insufficient funds. Any person who issues or delivers a |
check
or other order to the Department that is not honored on 2 |
occasions
by the financial institution upon which it is drawn |
because of
insufficient funds on account, the account is |
closed, or a stop
payment has been placed on the check or order |
shall pay to the
Department, in addition to the amount owing |
upon the check or other
order, a fee of $50. If the check or |
other order was issued or
delivered in payment of a renewal or |
issuance fee and the person
whose registration has lapsed |
continues to practice acupuncture without
paying the renewal or |
issuance fee and the required $50 fee under
this Section, an |
additional fee of $100 shall be imposed. The fees
imposed by |
this Section are in addition to any other disciplinary
|
provision under this Act prohibiting practice on an expired or
|
non-renewed registration. The Department
shall mail a |
registration renewal form to each registrant 60 days before the
|
|
expiration of the registrant's current registration.
The |
Department shall notify a person whose
registration has lapsed, |
within 30 days after the discovery of the
lapse, that the |
individual is engaged in the unauthorized practice
of |
acupuncture and of the amount due to the Department which shall
|
include the lapsed renewal fee and all other fees required by |
this
Section. If after the expiration of 30 days from the date |
of the
notification a person whose registration has lapsed |
seeks a current
registration, he or she shall thereafter apply |
to the Department for
restoration of the registration and pay |
all fees due to the Department.
The Department may establish a |
fee for the processing of an
application for restoration of a |
registration that allows the Department
to pay all costs and |
expenses incident to the processing of this
application. The |
Secretary
Director may waive the fees due under this
Section in |
individual cases where he or she finds that the fees
would be |
unreasonably or unnecessarily burdensome.
|
(Source: P.A. 89-706, eff. 1-31-97.)
|
(225 ILCS 2/130)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 130. Injunctions; criminal offenses; cease and desist
|
order.
|
(a) If any person violates the provisions of this Act, the |
Secretary
Director may, in the name of the People of the State |
of Illinois,
through the Attorney General of the State of |
|
Illinois or the
State's Attorney for any county in which the |
action is brought,
petition for an order enjoining the |
violation or for an order
enforcing compliance with this Act. |
Upon the filing of a verified
petition in court, the court may |
issue a temporary restraining
order, without notice or |
condition, and may preliminarily and
permanently enjoin the |
violation. If it is established that the
person has violated or |
is violating the injunction, the Court may
punish the offender |
for contempt of court. Proceedings under this
Section shall be |
in addition to, and not in lieu of, all other
remedies and |
penalties provided by this Act.
|
(b) Whenever in the opinion of the Department a person |
violates a
provision of this Act, the Department may issue a |
rule to show cause why an
order to cease and desist should not |
be entered against that person. The rule
shall clearly set |
forth the grounds relied upon by the Department and shall
allow |
at least 7 days from the date of the rule to file an answer to |
the
satisfaction of the Department. Failure to answer to the |
satisfaction of the
Department shall cause an order to cease |
and desist to be issued immediately.
|
(c) Other than as provided in Section 20 of this Act, if |
any
person practices as an acupuncturist or holds himself or |
herself
out as a licensed acupuncturist under this Act without |
being
issued
a valid existing license by the Department, then |
any
licensed
acupuncturist, any interested party, or any person |
injured thereby
may, in addition to the Secretary
Director, |
|
petition for relief as provided
in subsection (a) of this |
Section.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/140)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 140. Investigation; notice; hearing. Licenses may be |
refused,
revoked, suspended,
or otherwise disciplined in the |
manner provided by this Act and not otherwise.
The Department |
may upon its own motion or
and shall upon the verified
|
complaint
in
writing of any person setting forth facts that if |
proven would constitute
grounds for refusal to issue or renew
|
or for suspension,
or revocation, or other disciplinary action
|
under this Act,
investigate
the
actions of a person applying |
for, holding, or claiming to hold a license. The
Department |
shall, before refusing to issue or renew, suspending, or
|
revoking, or taking other disciplinary action regarding a
|
license or taking other discipline pursuant to Section 110 of |
this Act, and at
least 30 days prior to the date set for the |
hearing, notify in writing the
applicant or licensee of any |
charges made, shall afford
the applicant or licensee an |
opportunity to be heard in person or by counsel in
reference to |
the charges, and direct the applicant or licensee to file a
|
written
answer to the Department under oath within 20 days |
after the service of the
notice and inform the applicant or |
licensee that failure to file an answer will
result in default |
|
being taken against the applicant or licensee and that the
|
license may be suspended, revoked, placed on probationary |
status, or other
disciplinary action may be
taken, including |
limiting the scope, nature, or extent of practice, as the
|
Secretary
Director may deem proper. Written notice may be |
served by personal delivery
to the applicant or licensee or by |
mailing the notice by certified mail to
his or her last known |
place of residence or to the place of business last
specified |
by the applicant or licensee in his or her last notification
to
|
the Department. If the person fails to file an answer after |
receiving
notice, his or her license may, in the discretion of |
the Department, be
suspended, revoked, or placed on |
probationary status or the Department may take
whatever |
disciplinary action deemed proper, including limiting the |
scope,
nature, or extent of the person's practice or the |
imposition of a fine, without
a hearing, if the act or acts |
charged constitute sufficient grounds for such
action under |
this Act. At the time and place fixed in the notice, the
|
Department shall proceed to hearing of the charges and both the |
applicant or
licensee
and the complainant shall be afforded |
ample opportunity to present, in person
or by counsel, any |
statements, testimony, evidence, and arguments that may be
|
pertinent to the charges or to their defense. The Department |
may continue a
hearing from time to time.
If the Board is not |
sitting at the time and place fixed in the notice or
at the |
time and place to which the hearing shall have been continued, |
|
the
Department may continue the hearing for a period not to |
exceed 30 days.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/155)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 155. Subpoena; oaths. The Department shall have power
|
to subpoena and bring before it any person in this State and to
|
take testimony either orally or by deposition or both with the |
same
fees and mileage and in the same manner as prescribed by |
law in
judicial proceedings in civil cases in circuit courts of |
this
State.
The Department shall also have the power to |
subpoena the production of
documents, papers, files, books, and |
records in connection with a hearing or
investigation.
|
The Secretary
Director and the hearing officer
designated |
by the Secretary
Director shall each have power to
administer |
oaths to witnesses at any hearing that the Department is
|
authorized to conduct under this Act and any other oaths |
required
or authorized to be administered by the Department |
under this Act.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/160)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 160. Findings of facts, conclusions of law, and
|
recommendations. At the conclusion of the hearing, the Board
|
|
hearing officer
shall present to the Secretary
Director a |
written report of its findings of
fact, conclusions of law, and |
recommendations. The report shall
contain a finding whether or |
not the accused person violated this
Act or failed to comply |
with the conditions required in this Act.
The Board
hearing |
officer shall specify the nature of the violation or failure
to |
comply and shall make its
his or her recommendations to the |
Secretary
Director.
|
The report of findings of fact, conclusions of law, and
|
recommendations of the Board
hearing officer may be the basis |
of the
order of
the Department. If the Secretary
Director
|
disagrees in any regard with the
report of the Board
hearing |
officer, the Secretary may
Director shall issue an order in
|
contravention of the report. The Secretary
Within 60 days after |
taking that
action the Director shall provide notice
a written |
report to the Board
hearing officer
on any deviation and shall |
specify with particularity the reasons
for the deviation
action |
in the final order. The finding is not admissible
in evidence |
against the person in a criminal prosecution brought
for the |
violation of this Act, but the hearing and findings are not
a |
bar to a criminal prosecution brought for the violation of this
|
Act.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/165)
|
(Section scheduled to be repealed on January 1, 2008)
|
|
Sec. 165. Hearing officer. The Secretary
Director shall |
have the authority to
appoint any attorney duly licensed to |
practice law in the State of
Illinois to serve as the hearing |
officer in any action for
discipline of a license.
The hearing |
officer shall have full authority to conduct the hearing.
The |
hearing officer shall report his or her findings of fact, |
conclusions of
law, and recommendations to the Board and the |
Secretary
Director. The Board shall have
60 days after receipt |
of the report to review the report of the hearing officer
and |
to present its findings of fact, conclusions of law, and |
recommendations to
the Secretary
Director.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/170)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 170. Service of report; rehearing; order. In any case
|
involving the discipline of a license, a copy of the
hearing |
officer's report shall be served upon the respondent by the |
Department,
either personally or as provided in this Act for |
the service of the
notice of hearing. Within 20 days after the |
service, the
respondent may present to the Department a motion |
in writing for a
rehearing that shall specify the particular |
grounds for rehearing.
If no motion for rehearing is filed, |
then upon the expiration of
the time specified for filing a |
motion, or if a motion for
rehearing is denied, then upon the |
denial the Secretary
Director may enter an
order in accordance |
|
with this Act. If the respondent orders from
the reporting |
office and pays for a transcript of the record within
the time |
for filing a motion for rehearing, the 20 day period
within |
which the motion may be filed shall commence upon the
delivery |
of the transcript to the respondent.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/175)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 175. Substantial justice to be done; rehearing.
|
Whenever the Secretary
Director is satisfied that substantial |
justice has not
been done in the discipline of a license,
the |
Secretary
Director may order a rehearing by the same or
another |
hearing officer.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/180)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 180. Order or certified copy as prima facie proof. An
|
order or a certified copy thereof, over the seal of the |
Department
and purporting to be signed by the Secretary
|
Director, shall be prima facie
proof:
|
(1) that the signature is the genuine signature of the
|
Secretary
Director;
|
(2) that such Secretary
Director is duly appointed and |
qualified; and
|
|
(3) that the Board and its members are qualified to |
act.
|
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
|
(225 ILCS 2/190)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 190. Surrender of registration. Upon the revocation
or |
suspension of any registration, the registrant shall |
immediately surrender
the registration certificate to the |
Department. If the registrant fails to do
so, the
Department |
shall have the right to seize the registration certificate.
|
(Source: P.A. 89-706, eff. 1-31-97.)
|
(225 ILCS 2/195)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 195. Imminent danger to public; temporary suspension.
|
The Secretary
Director may temporarily suspend the license of |
an
acupuncturist without a hearing, simultaneously with the
|
institution of proceedings for a hearing provided for in |
Section 140
of this Act, if the Secretary
Director finds that |
evidence in his or her
possession indicates that continuation |
in practice would constitute
an imminent danger to the public. |
In the event that the Secretary
Director
temporarily suspends a |
license without a hearing, a
hearing by the
Department must be |
held within 30 days after the suspension has
occurred and be |
concluded without appreciable delay.
|