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92nd General Assembly

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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  Acts repealed  on  December  31,  2002.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following Acts are repealed on December 31, 2002: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  Act  repealed  on  January  1,  2013.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following Act is repealed on January 1, 2013: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    (Section scheduled to be repealed on December 31, 2002)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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