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Public Act 92-0642
SB1688 Enrolled LRB9215595ACcd
AN ACT concerning dietetic and nutrition services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.13 and adding Section 4.23 as follows:
(5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
Sec. 4.13. Acts repealed on December 31, 2002. The
following Acts are repealed on December 31, 2002:
The Environmental Health Practitioner Licensing Act.
The Naprapathic Practice Act.
The Wholesale Drug Distribution Licensing Act.
The Dietetic and Nutrition Practice Act.
The Funeral Directors and Embalmers Licensing Code.
The Professional Counselor and Clinical Professional
Counselor Licensing Act.
(Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)
(5 ILCS 80/4.23 new)
Sec. 4.23. Act repealed on January 1, 2013. The
following Act is repealed on January 1, 2013:
The Dietetic and Nutrition Services Practice Act.
Section 10. The Dietetic and Nutrition Services
Practice Act is amended by changing Sections 10, 15, 15.5,
20, 30, 40, 45, 65, 70, 75, 80, and 95 and adding Section 56
as follows:
(225 ILCS 30/10) (from Ch. 111, par. 8401-10)
(Section scheduled to be repealed on December 31, 2002)
Sec. 10. Definitions. As used in this Act:
"Board" means the Dietitian Nutritionist Dietetic and
Nutrition Services Practice Board appointed by the Director.
"Department" means the Department of Professional
Regulation.
"Dietetics" means the integration and application of
principles derived from the sciences of food and nutrition to
provide for all aspects of nutrition care for individuals and
groups, including, but not limited to nutrition services and
medical nutrition therapy care as defined in this Act.
"Director" means the Director of the Department of
Professional Regulation.
"Licensed dietitian" means a person licensed under
Section 45 of this Act to practice dietetics. Activities of a
licensed dietitian do not include the medical differential
diagnoses of the health status of an individual.
"Licensed nutrition counselor" means a person licensed
under Section 50 of this Act to provide any aspect of
nutrition services as defined in this Act. Activities of a
licensed nutrition counselor do not include medical nutrition
care as defined in this Act or the medical differential
diagnoses of the health status of an individual.
"Licensed dietitian nutritionist" means a person licensed
under this Act to practice dietetics and nutrition services,
including medical nutrition therapy. Activities of a
licensed dietitian nutritionist do not include the medical
differential diagnosis of the health status of an individual.
"Medical nutrition therapy care" means the component of
nutrition care that deals with:
(a) interpreting and recommending nutrient needs
relative to medically prescribed diets, including, but
not limited to tube feedings, specialized intravenous
solutions, and specialized oral feedings;
(b) food and prescription drug interactions; and
(c) developing and managing food service operations
whose chief function is nutrition care and provision of
medically prescribed diets.
"Medically prescribed diet" means a diet prescribed when
specific food or nutrient levels need to be monitored,
altered, or both as a component of a treatment program for an
individual whose health status is impaired or at risk due to
disease, injury, or surgery and may only be performed as
initiated by or in consultation with a physician licensed to
practice medicine in all of its branches.
"Nutrition assessment" means the evaluation of the
nutrition needs of individuals or groups using appropriate
data to determine nutrient needs or status and make
appropriate nutrition recommendations.
"Nutrition counseling" means advising and assisting
individuals or groups on appropriate nutrition intake by
integrating information from the nutrition assessment.
"Nutrition services for individuals and groups" shall
include, but is not limited to, all of the following;
(a) Providing nutrition assessments relative to
preventive maintenance or restorative care.
(b) Providing nutrition education and nutrition
counseling as components of preventive maintenance or
restorative care.
(c) Developing and managing systems whose chief
function is nutrition care. Nutrition services for
individuals and groups does not include medical nutrition
therapy care as defined in this Act.
"Practice experience" means a preprofessional,
documented, supervised practice in dietetics or nutrition
services that is acceptable to the Department in compliance
with requirements for licensure, as specified in Sections 45
and 50. It may be or may include a documented, supervised
practice experience which is a component of the educational
requirements for licensure, as specified in Section 45 or 50.
"Registered dietitian" means an individual registered
with the Commission on Dietetic Registration, the accrediting
body for the American Dietetic Association.
"Restorative" means the component of nutrition care that
deals with oral dietary needs for individuals and groups.
Activities shall relate to the metabolism of food and the
requirements for nutrients, including dietary supplements for
growth, development, maintenance, or attainment of optimal
health.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/15) (from Ch. 111, par. 8401-15)
(Section scheduled to be repealed on December 31, 2002)
Sec. 15. License required.
(a) No person may engage for remuneration in nutrition
services practice or hold himself or herself out as a
licensed dietitian nutritionist nutrition counselor unless
the person is licensed in accordance with this Act or meets
one or more of the following criteria:
(1) The person is licensed in this State under any
other Act that authorizes the person to provide these
services.
(2) The person is licensed to practice nutrition
under the law of another state, territory of the United
States, or country and has applied in writing to the
Department in form and substance satisfactory to the
Department for a license as a dietitian nutritionist
until (i) the expiration of 6 months after filing the
written application, (ii) the withdrawal of the
application, or (iii) the denial of the application by
the Department.
(b) No person shall practice dietetics, as defined in
this Act, or hold himself or herself out as a licensed
dietitian nutritionist unless that person is so licensed
under this Act or meets one or more of the following
criteria:
(1) The person is licensed in this State under any
other Act that authorizes the person to provide these
services.
(2) The person is a dietary technical support
person, working in a hospital setting or a regulated
Department of Public Health or Department on Aging
facility or program, who has been trained and is
supervised while engaged in the practice of dietetics by
a licensed dietitian nutritionist in accordance with this
Act and whose services are retained by that facility or
program on a full time or regular, ongoing consultant
basis.
(3) The person is a dietitian licensed to practice
dietetics under the law of another state, territory of
the United States, or country, or is a registered
dietitian, who has applied in writing to the Department
in form and substance satisfactory to the Department for
a license as a dietitian nutritionist until (i) the
expiration of 6 months after the filing the written
application, (ii) the withdrawal of the application, or
(iii) the denial of the application by the Department.
(c) No person shall practice dietetics or nutrition
services, as defined in this Act, or hold himself or herself
out as a licensed dietitian nutritionist, a dietitian, a
nutritionist, or a nutrition counselor unless the person is
licensed in accordance with this Act.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 30/15.5)
(Section scheduled to be repealed on December 31, 2002)
Sec. 15.5. Unlicensed practice; violation; civil
penalty.
(a) Any person who practices, offers to practice,
attempts to practice, or holds oneself out to practice
dietetics or nutrition services counseling 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 $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.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 30/20) (from Ch. 111, par. 8401-20)
(Section scheduled to be repealed on December 31, 2002)
Sec. 20. Exemptions. This Act does not prohibit or
restrict:
(a) Any person licensed in this State under any other
Act from engaging in the practice for which he or she is
licensed.
(b) The practice of dietetics or nutrition services by a
person who is employed by the United States or State
government or any of its bureaus, divisions, or agencies
while in the discharge of the employee's official duties.
(c) The practice of nutrition services by a person
employed as a cooperative extension home economist, to the
extent the activities are part of his or her employment.
(d) The practice of nutrition services or dietetics by a
person pursuing a course of study leading to a degree in
dietetics, nutrition or an equivalent major, as authorized by
the Department, from a regionally accredited school or
program, if the activities and services constitute a part of
a supervised course of study and if the person is designated
by a title that clearly indicates the person's status as a
student or trainee.
(e) The practice of nutrition services or dietetics by a
person fulfilling the supervised practice experience
component of Sections 45 or 50, if the activities and
services constitute a part of the experience necessary to
meet the requirements of Section 45 or 50.
(f) A person from providing oral nutrition information
as an operator or employee of a health food store or business
that sells health products, including dietary supplements,
food, or food materials, or disseminating written nutrition
information in connection with the marketing and distribution
of those products.
(g) The practice of nutrition services by an educator
who is in the employ of a nonprofit organization, as
authorized by the Department, a federal state, county, or
municipal agency, or other political subdivision; an
elementary or secondary school; or a regionally accredited
institution of higher education, as long as the activities
and services of the educator are part of his or her
employment.
(h) The practice of nutrition services by any person who
provides weight control services, provided the nutrition
program has been reviewed by, consultation is available from,
and no program change can be initiated without prior approval
by an individual licensed under this Act, an individual
licensed to practice dietetics or nutrition services a
dietitian or nutrition counselor licensed in another state
that has licensure requirements considered by the Department
to be at least as stringent as the requirements for licensure
under this Act, or a registered dietitian.
(i) The practice of nutrition services or dietetics by
any person with a masters or doctorate degree with a major in
nutrition or equivalent from a regionally accredited school
recognized by the Department for the purpose of education and
research.
(j) Any person certified in this State and who is
employed by a facility or program regulated by the State of
Illinois from engaging in the practice for which he or she is
certified and authorized by the Department.
(k) The practice of nutrition services by a graduate of
a 2 year associate program or a 4 year baccalaureate program
from a school or program accredited at the time of graduation
by the appropriate accrediting agency recognized by the
Council on Higher Education Postsecondary Accreditation and
the United States Department of Education with a major in
human nutrition, food and nutrition or its equivalent, as
authorized by the Department, who is directly supervised by
an individual licensed under this Act.
(l) Providing nutrition information as an employee of a
nursing facility operated exclusively by and for those
relying upon spiritual means through prayer alone for healing
in accordance with the tenets and practices of a recognized
church or religious denomination.
The provisions of this Act shall not be construed to
prohibit or limit any person from the free dissemination of
information, from conducting a class or seminar, or from
giving a speech related to nutrition if that person does not
hold himself or herself out as a licensed nutrition counselor
or licensed dietitian in a manner prohibited by Section 15.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/30) (from Ch. 111, par. 8401-30)
(Section scheduled to be repealed on December 31, 2002)
Sec. 30. Practice Board. The Director shall appoint a
Dietitian Nutritionist Dietetic and Nutrition Services
Practice Board as follows: 7 Seven individuals who shall be
appointed by and shall serve in an advisory capacity to the
Director. Of these 7 individuals, 4 members must be licensed
under this Act and currently engaged in the practice of
dietetics or nutrition services in the State of Illinois and
must have been doing so for a minimum of 3 years, 2 of whom
shall be licensed dietitians who are not also licensed as
nutrition counselors under this Act and 2 of whom shall be
licensed nutrition counselors who are not also licensed
dietitians under this Act; one member must be a physician
licensed to practice medicine in all of its branches; one
member must be a licensed professional nurse; and one member
must be a public member not licensed under this Act.
Members shall serve 3 year terms and until their
successors are appointed and qualified, except the terms of
the initial appointments. The initial appointments shall be
served as follows: 2 members shall be appointed to serve for
one year, 2 shall be appointed to serve for 2 years, and the
remaining members shall be appointed to serve for 3 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 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 Act and Board members
in office on that date shall be appointed to specific terms
as indicated in this Section.
The membership of the Board shall reasonably represent
all the geographic areas in this State. Any time there is a
vacancy on the Board, any professional association composed
of persons licensed under this Act may recommend licensees to
fill the vacancy to the Board for the appointment of
licensees, the organization representing the largest number
of licensed physicians for the appointment of physicians to
the Board, and the organization representing the largest
number of licensed professional nurses for the appointment of
a nurse to 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 members of the Board.
The Director shall have the authority to remove any
member of the Board from office for neglect of any duty
required by law or for incompetency or unprofessional or
dishonorable conduct.
The Director shall consider the recommendation of the
Board on questions of standards of professional conduct,
discipline, and qualifications of candidates or licensees
under this Act.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/40) (from Ch. 111, par. 8401-40)
(Section scheduled to be repealed on December 31, 2002)
Sec. 40. Examinations. The Department shall authorize
examinations of applicants for a license under this Act as
dietitians or nutrition counselors at the times and places
that it may determine. The examination of applicants shall
be of a character to give a fair test of the qualifications
of the applicant to practice dietetics and nutrition
services. The Department or its designated testing service
shall provide initial screening to determine eligibility of
applicants for examination.
Applicants for examination as dietitians or nutrition
counselors shall be required to pay, either to the Department
or the designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place
specified, after the applicant's application for examination
has been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
If an applicant neglects, fails, or refuses to take an
examination or fails to pass an examination for a license
under this Act within 3 years after filing an application,
the application shall be denied. However, the applicant may
thereafter make a new application accompanied by the required
fee and shall meet the requirements for licensure in force at
the time of making the new application.
The Department may employ consultants for the purpose of
preparing and conducting examinations.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/45) (from Ch. 111, par. 8401-45)
(Section scheduled to be repealed on December 31, 2002)
Sec. 45. Dietitian nutritionist; qualifications. A
person shall be qualified for licensure as a dietitian
nutritionist if that person meets all of the following
requirements:
(a) Has applied in writing in form and substance
acceptable to the Department and possesses a baccalaureate
degree or post baccalaureate degree in human nutrition, foods
and nutrition, dietetics, food systems management, nutrition
education, or an equivalent major course of study as
recommended by the Board and approved by the Department from
a school or program accredited at the time of graduation from
the appropriate regional accrediting agency recognized by the
Council on Higher Education Post-secondary Accreditation and
the United States Department of Education.
(b) Has successfully completed the examination
authorized by the Department which may be or may include an
examination given by the Commission on Dietetic Registration.
The Department shall establish by rule a waiver of the
examination requirement to applicants who, at the time of
application, are acknowledged to be registered dietitians by
the Commission on Dietetic Registration and who are in
compliance with other qualifications as included in the Act.
(c) Has completed a dietetic internship or documented,
supervised practice experience in dietetics and nutrition
services of not less than 900 hours under the supervision of
a registered dietitian or a licensed dietitian nutritionist,
a State licensed healthcare practitioner, or an individual
with a doctoral degree conferred by a U.S. regionally
accredited college or university with a major course of study
in human nutrition, nutrition education, food and nutrition,
dietetics or food systems management. Supervised practice
experience must be completed in the United States or its
territories. Supervisors who obtained their doctoral degree
outside the United States and its territories must have their
degrees validated as equivalent to the doctoral degree
conferred by a U.S. regionally accredited college or
university.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/56 new)
(Section scheduled to be repealed on January 1, 2013)
Sec. 56. Transition. Beginning November 1, 2003, the
Department shall cease to issue a license as a dietitian or a
nutrition counselor. Any person holding a valid license as a
dietitian or nutrition counselor prior to November 1, 2003
and having met the conditions for renewal of a license under
Section 65 of this Act, shall be issued a license as a
dietitian nutritionist under this Act and shall be subject to
continued regulation by the Department under this Act. The
Department may adopt rules to implement this Section.
(225 ILCS 30/65) (from Ch. 111, par. 8401-65)
(Section scheduled to be repealed on December 31, 2002)
Sec. 65. Expiration and renewal dates. The expiration
date and renewal period for each license issued under this
Act shall be set by rule.
As a condition for renewal of a license that expires on
October 31, 2003, a licensed nutrition counselor shall be
required to complete and submit to the Department proof of 30
hours of continuing education in dietetics or nutrition
services during the 24 months preceding the expiration date
of the license in accordance with rules established by the
Department. A minimum of 24 hours of the required 30 hours
of continuing education shall be in medical nutrition
therapy, which shall include diet therapy, medical dietetics,
clinical nutrition, or the equivalent, as provided by
continuing education sponsors approved by the Department.
The Department may adopt rules to implement this Section.
As a condition for renewal of a license, the licensee
shall be required to complete 30 hours of continuing
education in dietetics or nutrition services during the 24
months preceding the expiration date of the license in
accordance with rules established by the Department. The
continuing education shall be in courses approved by the
Commission on Dietetic Registration or in courses taken from
a sponsor approved by the Department. A sponsor shall be
required to file an application, meet the requirements set
forth in the rules of the Department, and pay the appropriate
fee. The requirements for continuing education may be waived,
in whole or in part, in cases of extreme hardship as defined
by rule of the Department. The Department shall provide an
orderly process for the reinstatement of licenses that have
not been renewed due to the failure to meet the continuing
education requirements of this Section.
Any 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, meeting continuing education requirements,
and filing proof acceptable with 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 professional experience and may require successful
completion of a practical examination.
Any person, however, whose license expired while (i) in
Federal Service on active duty with the Armed Forces of the
United States, or called into service or training with the
State Militia, or (ii) in training or education under the
supervision of the United States preliminary to induction
into the military service may have his or her license
restored without paying any lapsed renewal fees if within 2
years after honorable termination of the service, training,
or education he or she furnishes the Department with
satisfactory evidence to the effect that he or she has been
so engaged and that the service, training or education has
been terminated.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/70) (from Ch. 111, par. 8401-70)
(Section scheduled to be repealed on December 31, 2002)
Sec. 70. Inactive status; restoration. Any person who
notifies the Department in writing on forms prescribed by the
Department may elect to place his or her license on an
inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees until he
or she notifies the Department in writing of the desires to
resume active status.
Any person requesting restoration from inactive status
shall be required to pay the current renewal fee, shall meet
continuing education requirements, and shall be required to
restore his or her license as provided in Section 65 of this
Act.
A person licensed under this Act dietitian or nutrition
counselor whose license is on inactive status or in a
non-renewed status shall not engage in the practice of
dietetics or nutrition services in the State of Illinois or
use the title or advertise that he or she performs the
services of a licensed dietitian nutritionist or nutrition
counselor.
Any person violating this Section shall be considered to
be practicing without a license and will be subject to the
disciplinary provisions of this Act.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/75) (from Ch. 111, par. 8401-75)
(Section scheduled to be repealed on December 31, 2002)
Sec. 75. Endorsement. The Department may license as a
dietitian nutritionist or nutrition counselor, without
examination, on payment of required fee, an applicant who is
a dietitian, dietitian nutritionist, nutritionist, or
nutrition counselor licensed under the laws of another state,
territory, or country, if the requirements for licensure in
the state, territory, or country in which the applicant was
licensed were, at the date of his or her licensure,
substantially equal to the requirements of this Act.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/80) (from Ch. 111, par. 8401-80)
(Section scheduled to be repealed on December 31, 2002)
Sec. 80. Use of title; advertising. Only a person who is
issued a license as a dietitian nutritionist under this Act
may use the words "dietitian nutritionist", "dietitian",
"nutritionist", or "nutrition counselor" or the letters
"L.D.N." in connection with his or her name.
A person who meets the additional criteria for
registration by the Commission on Dietetic Registration for
the American Dietetic Association may assume or use the title
or designation "Registered Dietitian" or "Registered
Dietician" or use the letters "R.D." or any words, letters,
abbreviations, or insignia indicating that the person is a
registered dietitian.
Any person who meets the additional criteria for
certification by the Clinical Nutrition Certification Board
of the International and American Associations of Clinical
Nutritionists may assume or use the title or designation
"Certified Clinical Nutritionist" or use the letters "C.C.N."
or any words, letters, abbreviations, or insignia indicating
that the person is a certified clinical nutritionist.
Any person who meets the additional criteria for
certification by the Certification Board of Nutrition
Specialists may assume or use the title or designation
"Certified Nutrition Specialist", or use the letters "C.N.S."
or any words, letters, abbreviations, or insignia indicating
that the person is a certified nutrition specialist.
A licensee shall include in every advertisement for
services regulated under this Act his or her title as it
appears on the license or the initials authorized under this
Act.
(a) Only a person who is issued a license as a dietitian
under this Act may use the words "licensed dietitian" or the
letters "L.D." in connection with his or her name. A person
who meets the additional criteria for registration by the
Commission on Dietetic Registration for the American Dietetic
Association may assume or use the title or designation
"Registered Dietitian" or "Registered Dietician", or use the
letters "R.D." or any words, letters, abbreviations, or
insignia indicating that the person is a registered
dietitian.
(b) Only a person who is issued a license as a nutrition
counselor under the terms of this Act may use the letters
"L.N.C." or the words "licensed nutrition counselor" in
connection with his or her name.
(c) A licensee shall include in every advertisement for
services regulated under this Act his or her title as it
appears on the license or the initials authorized under this
Act.
(Source: P.A. 91-310, eff. 1-1-00.)
(225 ILCS 30/95) (from Ch. 111, par. 8401-95)
(Section scheduled to be repealed on December 31, 2002)
Sec. 95. Grounds for discipline.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $1000 for each violation, with
regard to any license or certificate for any one or
combination of the following causes:
(a) Material misstatement in furnishing information
to the Department.
(b) Violations of this Act or its rules.
(c) Conviction of any crime under the laws of the
United States or any state or territory thereof that is
(i) a felony; (ii) a misdemeanor, an essential element of
which is dishonesty; or (iii) a crime that is directly
related to the practice of the profession.
(d) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this
Act.
(e) Professional incompetence or gross negligence.
(f) Malpractice.
(g) Aiding or assisting another person in violating
any provision of this Act or its rules.
(h) Failing to provide information within 60 days
in response to a written request made by the Department.
(i) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(j) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable judgment, skill, or safety.
(k) Discipline by another state, territory, or
country if at least one of the grounds for the discipline
is the same or substantially equivalent to those set
forth in this Act.
(l) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
or personally rendered.
(m) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(n) Conviction by any court of competent
jurisdiction, either within or outside this State, of any
violation of any law governing the practice of dietetics
or nutrition counseling, if the Department determines,
after investigation, that the person has not been
sufficiently rehabilitated to warrant the public trust.
(o) A finding that licensure has been applied for
or obtained by fraudulent means.
(p) Practicing or attempting to practice under a
name other than the full name as shown on the license or
any other legally authorized name.
(q) Gross and willful overcharging for professional
services including filing statements for collection of
fees or monies for which services are not rendered.
(r) Failure to (i) file a return, (ii) pay the tax,
penalty or interest shown in a filed return, or (iii) pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until the requirements of any such
tax Act are satisfied.
(s) Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(2) In enforcing this Section, the Board, upon a showing
of a possible violation, may compel a licensee or applicant
to submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physician shall be specifically designated by the
Board. The Board or the Department may order the examining
physician to present testimony concerning the mental or
physical examination of a licensee or applicant. No
information may be excluded by reason of any common law or
statutory privilege relating to communications between a
licensee or applicant and the examining physician. An
individual to be examined may have, at his or her own
expense, another physician of his or her choice present
during all aspects of the examination. Failure of an
individual to submit to a mental or physical examination,
when directed, is grounds for suspension of his or her
license. The license must remain suspended until the time
that the individual submits to the examination or the Board
finds, after notice and a hearing, that the refusal to submit
to the examination was with reasonable cause. If the Board
finds that an individual is unable to practice because of the
reasons set forth in this Section, the Board must require the
individual to submit to care, counseling, or treatment by a
physician approved by the Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure
to practice. In lieu of care, counseling, or treatment, the
Board may recommend that the Department file a complaint to
immediately suspend or revoke the license of the individual
or otherwise discipline him or her. Any individual whose
license was granted, continued, reinstated, or renewed
subject to conditions, terms, or restrictions, as provided
for in this Section, or any individual who was disciplined or
placed on supervision pursuant to this Section must 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 Board.
The Department shall deny any license or renewal under
this Act to any person who has defaulted on an educational
loan guaranteed by the Illinois Student Assistance
Commission; however, the Department may issue a license or
renewal if the person in default has established a
satisfactory repayment record as determined by the Illinois
Student Assistance Commission.
The determination by a circuit court that a registrant is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. This suspension
will end only upon a finding by a court that the patient is
no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Director that the registrant be allowed to resume
practice.
(Source: P.A. 87-784; 87-1000.)
(225 ILCS 30/50 rep.)
(225 ILCS 30/60 rep.)
Section 90. The Dietetic and Nutrition Services Practice
Act is amended by repealing Sections 50 and 60.
Section 99. Effective date. This Section, Section 5,
and Sections 56 and 65 of the Dietetic and Nutrition Practice
Act take effect upon becoming law. All of the other
provisions take effect October 31, 2003.
Passed in the General Assembly April 24, 2002.
Approved July 11, 2002.
Effective July 11, 2002.
Effective October 31, 2003.
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