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| Public Act 093-0999 |
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Acupuncture Practice Act is amended by | ||||
changing Sections 10, 15, 40, and 110 as follows:
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(225 ILCS 2/10)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 10. Definitions. As used in this Act:
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"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,
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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.
Acupuncture does | ||||
not include radiology, electrosurgery, chiropractic technique,
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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.
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"Acupuncturist" means a person who practices acupuncture
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and who is licensed by the Department.
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"Board" means the Board of Acupuncture.
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"Dentist" means a person licensed under the Illinois Dental | ||
Practice Act.
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"Department" means the Department of Professional
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Regulation.
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"Director" means the Director of Professional
Regulation.
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"Physician" means a person licensed under the Medical | ||
Practice Act of 1987.
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"Referral by written order" for purposes of this Act means | ||
a
diagnosis, substantiated by signature of a physician or | ||
dentist, identifying
that a
patient's condition and | ||
recommending treatment
is such that it may be treated 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,
shall maintain | ||
management of the patient.
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"State" includes:
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(1) the states of the United States of America;
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(2) the District of Columbia; and
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(3) the Commonwealth of Puerto Rico.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/15)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 15. Who may practice acupuncture. No person licensed | ||
under this
Act
may
treat human ailments otherwise than by the | ||
practice of acupuncture as defined
in this Act; and
no person | ||
licensed under this Act may practice acupuncture
on another
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person without having on file a written referral order from a
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physician or dentist licensed in Illinois. A physician or | ||
dentist licensed in
Illinois may practice acupuncture. A | ||
physician or a dentist may refer by written order a patient to | ||
an acupuncturist for the practice of acupuncture as defined in | ||
this Act and may, through express direction in the referral, | ||
maintain management of the patient. Nothing in this Act shall | ||
be construed to require a referral of a patient to an | ||
acupuncturist for evaluation and treatment based on | ||
acupuncture principles and techniques as taught by schools | ||
accredited by the Accreditation Commission for Acupuncture and | ||
Oriental Medicine or a similar accrediting body approved by the | ||
Department. 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.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/40)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 40. Application for licensure. Applications for
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original
licensure as an acupuncturist shall be made to the
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Department in writing on
forms
prescribed by the Department and | ||
shall be accompanied by the required fee,
which shall
not be | ||
refundable.
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Until December 31, 2001, applicants shall submit with the | ||
application
proof of
passing the National Certification | ||
Commission for Acupuncture and Oriental Medicine
National
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Commission for the Certification of Acupuncturists examination | ||
or a
substantially equivalent examination approved by the | ||
Department or meeting any
other qualifications established by | ||
the Department.
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On and after January 1, 2002, the Department shall issue a | ||
license to an
applicant who submits with the application proof | ||
of each of the following:
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(1)(A) graduation from a
school accredited by the | ||
Accreditation Commission for Acupuncture and Oriental | ||
Medicine
National Accreditation Commission for Schools and
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Colleges of Acupuncture and Oriental Medicine or a similar | ||
accrediting body
approved by the Department; or
(B) | ||
completion of a comprehensive educational program approved | ||
by the
Department; and
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(2) passing the
National Certification Commission for | ||
Acupuncture and Oriental Medicine
National Commission for | ||
the Certification of Acupuncturists' examination or a
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substantially
equivalent examination approved by the | ||
Department.
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An applicant has 3
years from the date of his or her | ||
application to complete the application
process. If the process | ||
has not been completed in 3 years, the application
shall be | ||
denied, the fee shall be forfeited, and the applicant must | ||
reapply and
meet the requirements in effect at the time of | ||
reapplication.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97; 90-723, | ||
eff. 1-1-99.)
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(225 ILCS 2/110)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 110. Grounds for disciplinary action.
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(a) The Department may refuse to issue or to renew, place | ||
on probation,
suspend, revoke or take other disciplinary action | ||
as deemed appropriate
including the imposition of fines not to | ||
exceed $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:
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(1) Violations of the Act or its rules.
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(2) Conviction of any crime under the laws of any U.S.
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jurisdiction that is (i) a felony, (ii) a misdemeanor, an
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essential element of which is dishonesty, or (iii) directly
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related to the practice of the profession.
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(3) Making any misrepresentation for the purpose of
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obtaining a license.
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(4) Aiding or assisting another person in violating any
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provision of this Act or its rules.
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(5) Failing to provide information within 60 days in
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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.
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(6) Discipline by another U.S. jurisdiction or foreign
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nation, if at least one of the grounds for the discipline | ||
is the same or
substantially equivalent to one set forth in | ||
this Section.
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(7) Solicitation of professional services by means | ||
other
than permitted under this Act.
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(8) Failure to provide a patient with a copy of his or
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her record upon the written request of the patient.
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(9) Gross negligence in the practice of acupuncture.
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(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.
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(11) A finding that licensure has been
applied for or
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obtained by fraudulent means.
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(12) A pattern of practice or other behavior that | ||
demonstrates
incapacity or incompetence to practice under | ||
this Act.
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(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.
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(14) Wilfully failing to report an instance of | ||
suspected
child abuse or neglect as required by the Abused | ||
and Neglected
Child Reporting Act.
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(15) The use of any words, abbreviations, figures or
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letters (such as Acupuncturist, Licensed Acupuncturist,
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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.
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(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.
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(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.
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(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
independent of a written
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referral by written order
that provides for management of | ||
the patient by
from a physician or dentist without having | ||
notified , or having failed to notify the
physician or | ||
dentist who established the diagnosis that the patient is
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receiving acupuncture treatment pursuant to that | ||
diagnosis.
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(19) Unethical, unauthorized, or unprofessional | ||
conduct as defined by
rule.
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(20) Physical illness including but not limited to | ||
deterioration through
the aging process, mental illness, | ||
or disability that results in the inability
to practice the | ||
profession with reasonable judgment, skill, and safety.
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(21) Violation of the Health Care Worker Self-Referral | ||
Act.
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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.
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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,
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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.
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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
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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.
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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
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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 | ||
Director for
a
determination as to whether the individual shall | ||
have his or her license
suspended immediately, pending a | ||
hearing by the Department.
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In instances in which the Director immediately suspends a | ||
person's license
under this Section, a hearing on that person's | ||
license must be convened by
the Department within 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.
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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
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provisions of his or her license.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||