[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0655
HB4004 Enrolled LRB9213209ACmg
AN ACT concerning the regulation of professions.
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 Acts repealed on December 31, 2002.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following Acts are repealed on December 31, 2002: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 Services 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 Act repealed on January 1, 2013.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following Act is repealed on January 1, 2013: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 Naprapathic Practice Act.
Section 10. The Naprapathic Practice Act is amended by
changing Sections 50, 85, and 110 as follows:
(225 ILCS 63/50)
(Section scheduled to be repealed on December 31, 2002)
Sec. 50. Naprapathic Examining Committee. The Director
shall appoint a Naprapathic Examining Committee to consist of
7 persons who shall be appointed by and shall serve in an
advisory capacity to the Director. Five members must hold an
active license to engage in the practice of naprapathy in
this State, one member shall be a physician licensed to
practice medicine in all of its branches in Illinois, and one
member must be a member of the public who is not licensed
under this Act or a similar Act of another jurisdiction or
has no connection with the profession. The initial appointees
who would otherwise be required to be licensed naprapaths
shall instead be individuals who have been practicing
naprapathy for at least 5 years and who would be eligible
under this Act for licensure as naprapaths. Neither the
public member nor the physician member shall participate in
the preparation or administration of the examination of
applicants for licensure.
Members shall serve 4 year terms and until their
successors are appointed and qualified, except that of the
initial appointments, 2 members shall be appointed to serve
for 2 years, 2 shall be appointed to serve for 3 years and
the remaining members shall be appointed to serve for 4 years
and until their successors are appointed and qualified. No
member shall be reappointed to the Committee for a term that
would cause his or her continuous service on the Committee to
be longer than 8 consecutive years. Appointments to fill
vacancies shall be made in the same manner as original
appointments, for the unexpired portion of the vacated term.
Initial terms shall begin upon the effective date of this
Act. Committee members in office on that date shall be
appointed to specific terms as indicated in this Section.
The Committee shall annually elect a chairman and a
vice-chairman who shall preside in the absence of the
chairman.
The membership of the Committee should reasonably reflect
representation from the geographic areas in this State.
The Director may terminate the appointment of any member
for cause.
The Director may give due consideration to all
recommendations of the Committee.
Without limiting the power of the Department to conduct
investigations in any manner, the Committee may recommend to
the Director that one or more licensed naprapaths be selected
by the Director to conduct or assist in any investigation
under this Act. A licensed naprapath so selected may receive
remuneration as determined by the Director.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 63/85)
(Section scheduled to be repealed on December 31, 2002)
Sec. 85. Fees. The fees imposed under this Act are as
follows and are not refundable:
(a) The Department shall provide by rule for a schedule
of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into
the General Professions Dedicated Fund and shall be
appropriated to the Department for the ordinary and
contingent expenses of the Department in the administration
of this Act. The fee for application for a license is $250.
(b) In addition to the application fee, An applicant for
the examination shall be required to pay, either to the
Department or to the designated testing service, a fee
covering the cost of initial screening to determine
determining an applicant's eligibility and providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the
applicant's application and fee for examination has have been
received and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the
examination fee.
(c) The fee for the renewal of a license is $125 per
year.
(d) The fee for the restoration of a license that has
been expired for less than 5 years is $100, plus payment of
all lapsed renewal fees.
(e) The fee for the restoration of a license that has
been expired for more than 5 years is $500.
(f) The fee for the issuance of a duplicate license,
the issuance of a replacement for a license that has been
lost or destroyed, or the issuance of a license with a change
of name or address, other than during the renewal period, is
$75. No fee is required for name and address changes on
Department records when no duplicate license is issued.
(g) The fee for the certification of a license for any
purpose is $50.
(h) The fee for the rescoring of an examination is the
cost to the Department of rescoring the examination, plus any
fees charged by the applicable testing service to have the
examination rescored.
(i) The fee for a wall certificate shall be the actual
cost of producing the certificate.
(j) The fee for a roster of persons licensed as
naprapaths is the actual cost of producing the roster.
(k) The fee for application for a license by a
naprapath registered or licensed under the laws of another
jurisdiction is $500.
(l) The fee for application as a continuing education
sponsor is $500. State agencies, State colleges, and State
universities in Illinois are exempt from paying this fee.
(m) The fee for renewal as a continuing education
sponsor is $125 per year.
All of the fees and fines collected under this Act shall
be deposited into the General Professions Dedicated Fund.
All moneys in the Fund shall be used by the Department of
Professional Regulation, as appropriated, for the ordinary
and contingent expenses of the Department.
(Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95;
89-626, eff. 8-9-96.)
(225 ILCS 63/110)
(Section scheduled to be repealed on December 31, 2002)
Sec. 110. Grounds for disciplinary action; refusal,
revocation, suspension.
(a) The Department may refuse to issue or to 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 $5,000 for each violation, with
regard to any licensee or license for any one or combination
of the following causes:
(1) Violations of this Act or its rules.
(2) Material misstatement in furnishing information
to the Department.
(3) Conviction of any crime under the laws of any
U.S. jurisdiction that is (i) a felony, (ii) a
misdemeanor, an essential element of which is dishonesty,
or (iii) directly related to the practice of the
profession.
(4) Making any misrepresentation for the purpose of
obtaining a license.
(5) Professional incompetence or gross negligence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing to provide information within 60 days
in response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) 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.
(11) Discipline by another U.S. jurisdiction or
foreign nation if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Act.
(12) 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. This shall not be deemed to
include rent or other remunerations paid to an
individual, partnership, or corporation by a naprapath
for the lease, rental, or use of space, owned or
controlled by the individual, partnership, corporation or
association.
(13) Using the title "Doctor" or its abbreviation
without further clarifying that title or abbreviation
with the word "naprapath" or "naprapathy" or the
designation "D.N.".
(14) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(15) Abandonment of a patient without cause.
(16) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to, false records filed with State agencies
or departments.
(17) Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(18) Physical illness, including but not limited
to, deterioration through the aging process or loss of
motor skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety.
(19) Solicitation of professional services by means
other than permitted advertising.
(20) Failure to provide a patient with a copy of
his or her record upon the written request of the
patient.
(21) Conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of
naprapathy, conviction in this or another state of any
crime which is a felony under the laws of this State or
conviction of a felony in a federal court, if the
Department determines, after investigation, that the
person has not been sufficiently rehabilitated to warrant
the public trust.
(22) A finding that licensure has been applied for
or obtained by fraudulent means.
(23) Continued practice by a person knowingly
having an infectious or contagious disease.
(24) 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.
(25) Practicing or attempting to practice under a
name other than the full name shown on the license.
(26) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(27) Maintaining a professional relationship with
any person, firm, or corporation when the naprapath
knows, or should know, that the person, firm, or
corporation is violating this Act.
(28) Promotion of the sale of food supplements,
devices, appliances, or goods provided for a client or
patient in such manner as to exploit the patient or
client for financial gain of the licensee.
(29) Having treated ailments of human beings other
than by the practice of naprapathy as defined in this
Act, or having treated ailments of human beings as a
licensed naprapath independent of a documented referral
or documented current and relevant diagnosis from a
physician, dentist, or podiatrist, or having failed to
notify the physician, dentist, or podiatrist who
established a documented current and relevant diagnosis
that the patient is receiving naprapathic treatment
pursuant to that diagnosis.
(30) Use by a registered naprapath of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the
place where naprapathy may be practiced or demonstrated.
(31) Continuance of a naprapath in the employ of
any person, firm, or corporation, or as an assistant to
any naprapath or naprapaths, directly or indirectly,
after his or her employer or superior has been found
guilty of violating or has been enjoined from violating
the laws of the State of Illinois relating to the
practice of naprapathy when the employer or superior
persists in that violation.
(32) The performance of naprapathic service in
conjunction with a scheme or plan with another person,
firm, or corporation known to be advertising in a manner
contrary to this Act or otherwise violating the laws of
the State of Illinois concerning the practice of
naprapathy.
(33) Failure to provide satisfactory proof of
having participated in approved continuing education
programs as determined by the Committee and approved by
the Director. Exceptions for extreme hardships are to be
defined by the rules of the Department.
(34) Willfully making or filing false records or
reports in the practice of naprapathy, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Public
Aid under the Illinois Public Aid Code.
(35) Gross or willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including,
but not limited to, filing false statements for
collection of monies for services not rendered from the
medical assistance program of the Department of Public
Aid under the Illinois Public Aid Code.
(36) Mental illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety.
The Department may refuse to issue or may suspend the
license of any person who fails to (i) file a return or to
pay the tax, penalty or interest shown in a filed return or
(ii) pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until the time that the
requirements of that tax Act are satisfied.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The 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
Committee to the Director that the licensee be allowed to
resume his or her practice.
(c) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any person
licensed to practice under this Act or who has applied for
licensure or certification pursuant to this Act to submit to
a mental or physical examination, or both, as required by and
at the expense of the Department. The examining physicians
shall be those specifically designated by the Department. The
Department may order the examining physician to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examining physician. The person 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 any person to submit to a mental or physical examination,
when directed, shall be grounds for suspension of a license
until the person submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit
to the examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, 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 a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual.
Any person 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 person shall have his or her license suspended
immediately, pending a hearing by the Department.
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 shall have the authority to review the
subject person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 89-61, eff. 6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 29, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
[ Top ]