There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 30/ Dietetic and Nutrition Services Practice Act.
(225 ILCS 30/1) (from Ch. 111, par. 8401‑1)
(Section scheduled to be repealed on January 1, 2013)
Sec. 1.
Short title.
This Act may be cited as the Dietetic and Nutrition Services Practice Act.
(Source: P.A. 87‑784.)
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(225 ILCS 30/5) (from Ch. 111, par. 8401‑5)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5.
Purpose.
The practice of dietetics and nutrition services in the
State of Illinois is hereby declared to affect the public health, safety,
and welfare and to be subject to regulation and control in the public
interest. It is further declared that the practice of dietetics and
nutrition services plays an important part in the attainment and
maintenance of health and that it is in the public's best interest that
persons who present themselves as providers of services in these areas meet
specific requirements and qualifications. This Act shall be liberally
construed to best carry out these objectives and purposes.
(Source: P.A. 87‑784.)
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(225 ILCS 30/10) (from Ch. 111, par. 8401‑10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10.
Definitions.
As used in this Act:
"Board" means the Dietitian Nutritionist 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 as defined in
this Act.
"Director" means the Director of the Department of Professional
Regulation.
"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" means the component of nutrition
care that deals
with:
(a) interpreting and recommending nutrient needs | ||
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(b) food and prescription drug interactions; and
(c) developing and managing food service operations | ||
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"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 | ||
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(b) Providing nutrition education and nutrition | ||
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(c) Developing and managing systems whose chief | ||
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"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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/15) (from Ch. 111, par. 8401‑15)
(Section scheduled to be repealed on January 1, 2013)
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 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 | ||
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(2) The person is licensed to practice nutrition | ||
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(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 | ||
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(2) The person is a dietary technical support | ||
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(3) The person is licensed to practice dietetics | ||
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(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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/15.5)
(Section scheduled to be repealed on January 1, 2013)
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 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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/20) (from Ch. 111, par. 8401‑20)
(Section scheduled to be repealed on January 1, 2013)
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
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 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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/25) (from Ch. 111, par. 8401‑25)
(Section scheduled to be repealed on January 1, 2013)
Sec. 25.
Powers.
The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the administration
of licensing acts and shall exercise other powers and duties invested in the
Department by this Act.
The Department may promulgate rules consistent with the provisions of this
Act for its administration and enforcement, and may prescribe forms which shall
be issued in connection with this Act.
(Source: P.A. 87‑784; 87‑1000.)
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(225 ILCS 30/30) (from Ch. 111, par. 8401‑30)
(Section scheduled to be repealed on January 1, 2013)
Sec. 30.
Practice Board.
The Director shall appoint a Dietitian
Nutritionist Practice Board as follows:
7 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; 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. 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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/35) (from Ch. 111, par. 8401‑35)
(Section scheduled to be repealed on January 1, 2013)
Sec. 35.
Applications.
Applications for original licensure shall be
made to the Department in writing on forms prescribed by the Department and
shall be accompanied by the appropriate documentation and the required fee,
which shall not be returnable. Every application shall require the
information that in the judgment of the Department will enable the
Department to pass on the qualifications of the applicant for a license.
(Source: P.A. 87‑784.)
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(225 ILCS 30/37)
(Section scheduled to be repealed on January 1, 2013)
Sec. 37.
Social Security Number on license application.
In addition
to any other information required to be contained in the application, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
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(225 ILCS 30/40) (from Ch. 111, par. 8401‑40)
(Section scheduled to be repealed on January 1, 2013)
Sec. 40.
Examinations.
The Department shall authorize examinations of
applicants for a license under this Act 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 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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/45) (from Ch. 111, par. 8401‑45)
(Section scheduled to be repealed on January 1, 2013)
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
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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/50) (from Ch. 111, par. 8401‑50)
Sec. 50.
(Repealed).
(Source: P.A. 87‑1000. Repealed by P.A. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/56)
(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.
(Source: P.A. 92‑642, eff. 7‑11‑02.)
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(225 ILCS 30/60) (from Ch. 111, par. 8401‑60)
Sec. 60.
(Repealed).
(Source: P.A. 87‑1000. Repealed by P.A. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/65) (from Ch. 111, par. 8401‑65)
(Section scheduled to be repealed on January 1, 2013)
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. 92‑642, eff. 7‑11‑02.)
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(225 ILCS 30/70) (from Ch. 111, par. 8401‑70)
(Section scheduled to be repealed on January 1, 2013)
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
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.
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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/75) (from Ch. 111, par. 8401‑75)
(Section scheduled to be repealed on January 1, 2013)
Sec. 75.
Endorsement.
The Department may license as a dietitian
nutritionist, 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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/80) (from Ch. 111, par. 8401‑80)
(Section scheduled to be repealed on January 1, 2013)
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.
(Source: P.A. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/85) (from Ch. 111, par. 8401‑85)
(Section scheduled to be repealed on January 1, 2013)
Sec. 85.
Fees.
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.
(Source: P.A. 91‑454, eff. 1‑1‑00.)
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(225 ILCS 30/87) (from Ch. 111, par. 8401‑87)
(Section scheduled to be repealed on January 1, 2013)
Sec. 87.
Deposit of fees and fines.
All fees, fines, and penalties collected
under this Act shall be deposited into the General Professions Dedicated
Fund.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in
addition to any other discipline provided under this Act prohibiting
unlicensed practice or practice on a nonrenewed license. The Department
shall notify the person that payment of fees and fines shall be paid to the
Department by certified check or money order within 30 calendar days of
such notification. If, after the expiration of 30 days from the date of
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the person
seeks a license or certificate, he or she shall apply to the Department for
restoration or issuance of the license or certificate and pay all fees and
fines due to the Department. The Department may establish a fee for the
processing of an application for restoration of a license or certificate to pay
all expenses of processing this application. The Director may waive the fines
due under this Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)
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(225 ILCS 30/90) (from Ch. 111, par. 8401‑90)
(Section scheduled to be repealed on January 1, 2013)
Sec. 90.
Roster.
The Department shall maintain a roster of names and
addresses of all persons who hold valid licenses and all persons whose
licenses have been suspended or revoked within the previous year. This
roster shall be available upon request and payment of the required fee.
(Source: P.A. 87‑784.)
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(225 ILCS 30/95) (from Ch. 111, par. 8401‑95)
(Section scheduled to be repealed on January 1, 2013)
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 | ||
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(b) Violations of this Act or
its rules.
(c) Conviction of any crime under the laws of the | ||
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(d) Making any misrepresentation for the purpose of | ||
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(e) Professional incompetence or gross negligence.
(f) Malpractice.
(g) Aiding or assisting another person in violating | ||
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(h) Failing to provide information within 60 days in | ||
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(i) Engaging in dishonorable, unethical or | ||
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(j) Habitual or excessive use or addiction to | ||
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(k) Discipline by another state, territory, or | ||
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(l) Directly or indirectly giving to or receiving | ||
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(m) A finding by the Department that the licensee, | ||
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(n) Conviction by any court of competent | ||
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(o) A finding that licensure has been applied for or | ||
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(p) Practicing or attempting to practice under a | ||
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(q) Gross and willful overcharging for professional | ||
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(r) Failure to (i) file a return, (ii) pay the tax, | ||
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(s) Willfully failing to report an instance of | ||
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(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. 92‑642, eff. 10‑31‑03.)
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(225 ILCS 30/97) (from Ch. 111, par. 8401‑97)
(Section scheduled to be repealed on January 1, 2013)
Sec. 97.
Payments; penalty for insufficient funds.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)
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(225 ILCS 30/100) (from Ch. 111, par. 8401‑100)
(Section scheduled to be repealed on January 1, 2013)
Sec. 100.
Injunctions; cease and desist orders.
(a) If any person violates a provision of this Act, the
Director may, in the name of the People of the State of Illinois through
the Attorney General of the State of Illinois, petition for an order
enjoining the violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the person has
violated or is violating the injunction, the Court may punish the offender
for contempt of court. Proceedings under this Section shall be in addition
to, and not in lieu of, all other remedies and penalties provided by this Act.
(b) If any person practices as a dietitian or nutrition counselor or
holds himself or herself out as such without having a valid license under
this Act, then any licensee, any interested party, or any person injured
thereby may, in addition to the Director, petition for relief as provided
in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should be entered against him or her. The rule shall
clearly set forth the grounds relied upon the Department and shall provide
a period of 7 days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the satisfaction of
the Department shall cause in order to cease and desist to be issued
immediately.
(Source: P.A. 87‑784.)
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(225 ILCS 30/105) (from Ch. 111, par. 8401‑105)
(Section scheduled to be repealed on January 1, 2013)
Sec. 105.
Investigation; notice and hearing.
The Department may investigate
the actions or qualifications of any applicant or of any person or persons
holding or claiming to hold a license or certificate of registration.
The Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary action as the
Department may deem proper with regard to any license or certificate of
registration, at least 30 days before the date set for the
hearing, (i) notify the accused in writing of any charges made and the time and
place for a hearing of the charges before the Board, (ii) direct him or her to
file his or her written answer to the charges with the
Board under oath within 20 days after the service on him or her of such notice,
and (iii) inform him or her that if he or she fails to file an answer,
default will be taken against him or her and his or her license or certificate
of registration may be suspended, revoked, placed on probationary
status, or other disciplinary action may be taken with regard to the license or
certificate, including limiting the scope, nature or extent of his or her
practice, as the Department may deem proper. In case the person, after
receiving notice, fails to file an answer, his or her license or certificate
may, in the discretion of the Department, be suspended, revoked, or placed on
probationary status, or the Department may take whatever disciplinary action
deemed proper, including limiting the scope, nature, or extent of the person's
practice or the imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under this Act.
This written notice and any notice in the subsequent proceedings may be
served by personal delivery to the accused person, or by registered or
certified mail to the address last specified by the accused in his or her last
notification to the Department. The written answer shall be served by personal
delivery, certified delivery, or certified or registered mail to the
Department. At the time and place fixed in the notice, the Department shall
proceed to hear the charges and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony, evidence, and argument
as may be pertinent to the charges or to the defense thereto. The Department
may continue such hearing from time to time. At the discretion of the Director
after having first received the recommendation of the Board, the accused
person's certificate of registration may be suspended or revoked, if the
evidence constitutes sufficient grounds for such action under this Act.
(Source: P.A. 87‑784; 87‑1000; 87‑1031; 88‑45.)
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(225 ILCS 30/110) (from Ch. 111, par. 8401‑110)
(Section scheduled to be repealed on January 1, 2013)
Sec. 110.
Record of hearing.
The Department, at its expense, shall
preserve a record of all proceedings at the formal hearing of any case. The
notice of hearing, complaint, and other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of testimony, the
report of the Board, and orders of the Department shall be in the record of the
proceedings. The Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee required under Section
2105‑115 of the Department of Professional Regulation Law (20 ILCS
2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(225 ILCS 30/115) (from Ch. 111, par. 8401‑115)
(Section scheduled to be repealed on January 1, 2013)
Sec. 115.
Subpoenas; oaths; attendance of witnesses.
The Department shall have the power to subpoena and to bring before it
any person and to take testimony either orally or by deposition, or both,
with the same fees and mileage and in the same manner as prescribed in civil
cases in the courts of this State.
The Director, the designated hearing officer, and every member of the
Board shall have power to administer oaths to witnesses at any hearing
that the Department is authorized to conduct and any other oaths
authorized in any Act administered by the Department.
Any circuit court may, upon application of the Department or designee or of
the applicant, licensee, or person holding a license against whom proceedings
under this Act are pending, enter an order requiring the attendance of
witnesses and their testimony, and the production of documents, papers, files,
books and records in connection with any hearing or investigations. The court
may compel obedience to its order by proceedings for contempt.
(Source: P.A. 87‑784; 87‑1000.)
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(225 ILCS 30/120) (from Ch. 111, par. 8401‑120)
(Section scheduled to be repealed on January 1, 2013)
Sec. 120.
Board report.
At the conclusion of the hearing, the Board
shall present to the Director a written report of its findings and
recommendations. The report shall contain a finding whether or not the
accused person violated this Act or failed to comply with the conditions
required in this Act. The Board shall specify the nature of the violation
or failure to comply and shall make its recommendations to the Director.
The report of findings of fact, conclusions of law and recommendation of
the Board shall be the basis for the Department's order for refusal or for
the granting of a license. If the Director disagrees in any regard with
the report of the Board, the Director may issue an order in contravention
of the report. The Director shall provide a written report to the Board on any
deviation and shall specify with particularity the reasons for that action
in the final order. The finding is not admissible in evidence against the
person in a criminal prosecution brought for the violation of this Act, but
the hearing and finding is not a bar to a criminal prosecution brought for
the violation of this Act.
(Source: P.A. 87‑784.)
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(225 ILCS 30/125) (from Ch. 111, par. 8401‑125)
(Section scheduled to be repealed on January 1, 2013)
Sec. 125.
Motion for rehearing.
In any hearing involving the discipline of a
licensee, a copy of the Board's report shall be served upon the respondent by
the Department, either personally or as provided in this Act for the service of
the notice of hearing. Within 20 calendar days after the service, the
respondent may present to the Department a motion in writing for a rehearing
which shall specify the particular grounds for rehearing. If no motion for
rehearing is filed, then upon the expiration of the time specified for filing a
motion, or if motion for rehearing is denied, then upon denial, the Director
may enter an order in accordance with recommendations of the Board, except as
provided for in Section 120. If the respondent orders a transcript of the
record from the reporting service and pays for it within the time for filing a
motion for rehearing, the 20 calendar day period within which a motion for
rehearing may be filed shall commence upon the delivery of the
transcript to the respondent.
(Source: P.A. 87‑784; 87‑1000.)
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(225 ILCS 30/130) (from Ch. 111, par. 8401‑130)
(Section scheduled to be repealed on January 1, 2013)
Sec. 130.
Rehearing.
Whenever the Director is not satisfied that
substantial justice has been done in the revocation, suspension, or refusal
to issue or renew a license the Director may order a rehearing by the same
or other examiners.
(Source: P.A. 87‑784.)
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(225 ILCS 30/135) (from Ch. 111, par. 8401‑135)
(Section scheduled to be repealed on January 1, 2013)
Sec. 135.
Hearing officer.
The Director shall have the authority to
appoint any attorney duly licensed to practice law in the State of Illinois
to serve as the hearing officer in any action for refusal to issue or renew
a license or to discipline a licensee or person holding a license. The
hearing officer shall have full authority to conduct the hearing. The
hearing officer shall report his findings and recommendations to the Board
and the Director. The Board shall have 60 calendar days from receipt of the
report to review the report of the hearing officer and present its findings
of fact, conclusions of law, and recommendations to the Director. If the
Board fails to present its report within the 60 calendar day period, the
Director may issue an order based on the report of the hearing officer.
If the Director disagrees with the recommendation of the Board or of the
hearing officer, the Director may issue an order in contravention of the
recommendation.
(Source: P.A. 87‑784; 87‑1000.)
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(225 ILCS 30/140) (from Ch. 111, par. 8401‑140)
(Section scheduled to be repealed on January 1, 2013)
Sec. 140.
Order; certified copy.
An order or a certified copy of an
order, over the seal of the Department and purporting to be signed by the
Director, shall be prima facie proof:
(a) that the signature is the genuine signature of the Director;
(b) that the Director is duly appointed and qualified; and
(c) that the Board and the Board members are qualified.
(Source: P.A. 87‑784.)
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(225 ILCS 30/145) (from Ch. 111, par. 8401‑145)
(Section scheduled to be repealed on January 1, 2013)
Sec. 145.
Restoration of license.
At any time after the suspension
or revocation of any
license, the Department may restore the license to the accused person upon
the written recommendation of the Board, unless after an investigation and
a hearing the Board determines that restoration is not in the public interest.
(Source: P.A. 87‑784.)
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(225 ILCS 30/150) (from Ch. 111, par. 8401‑150)
(Section scheduled to be repealed on January 1, 2013)
Sec. 150.
Surrender of license.
Upon the revocation or suspension of
any license the licensee shall immediately surrender the license to the
Department. If the registrant fails to do so, the Department shall have
the right to seize the license.
(Source: P.A. 87‑784.)
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(225 ILCS 30/155) (from Ch. 111, par. 8401‑155)
(Section scheduled to be repealed on January 1, 2013)
Sec. 155.
Summary suspension.
The Director may summarily suspend
the license of a dietitian or nutrition counselor without a hearing,
simultaneously with the institution of proceedings for a hearing provided
for in Section 105 of this Act, if the Director finds that evidence in his
or her possession indicates that a licensee's continuation in practice
would constitute an imminent danger to the public. In the event that the
Director summarily suspends the license of a dietitian or nutrition
counselor without a hearing, a hearing by the Board must be held within 30
calendar days after the suspension has occurred.
(Source: P.A. 87‑784; 87‑1000.)
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(225 ILCS 30/160) (from Ch. 111, par. 8401‑160)
(Section scheduled to be repealed on January 1, 2013)
Sec. 160.
Administrative Review Law.
All final administrative
decisions of the Department are subject to judicial review under the
Administrative Review Law and its rules. The term "administrative decision"
is defined as in Section 3‑101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides, but if the
party is not a resident of this State, the venue shall be in Sangamon
County.
(Source: P.A. 87‑784.)
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(225 ILCS 30/165) (from Ch. 111, par. 8401‑165)
(Section scheduled to be repealed on January 1, 2013)
Sec. 165.
Certification of record; receipt.
The Department shall not
be required to certify any record to the Court or file any answer in court
or otherwise appear in any court in a judicial review proceeding, unless
there is filed in the court, with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing and certifying
the record. Failure on the part of the plaintiff to file a receipt in
Court shall be grounds for dismissal of the action.
(Source: P.A. 87‑784.)
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(225 ILCS 30/170) (from Ch. 111, par. 8401‑170)
(Section scheduled to be repealed on January 1, 2013)
Sec. 170.
Violations; penalties.
Any person who is found to have
violated any provision of this Act is guilty of a Class A misdemeanor for the
first offense and a Class 4 felony for second and subsequent offenses.
(Source: P.A. 87‑784; 87‑1000.)
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(225 ILCS 30/175) (from Ch. 111, par. 8401‑175)
(Section scheduled to be repealed on January 1, 2013)
Sec. 175.
Illinois Administrative Procedure Act.
The Illinois
Administrative Procedure Act is expressly adopted and incorporated as if
all of the provisions of that Act were included in this Act, except that
the provision of paragraph (d) of Section 10‑65 of the
Illinois Administrative Procedure Act, which provides that at hearings the
licensee or person holding a license has the right to show
compliance with all lawful requirements for retention or continuation of the
license, is specifically excluded. For the purpose of this Act, the notice
required under Section 10‑25 of the Illinois Administrative
Procedure Act is deemed sufficient when mailed to the last known
address of a party.
(Source: P.A. 87‑784; 88‑670, eff. 12‑2‑94.)
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(225 ILCS 30/180) (from Ch. 111, par. 8401‑180)
(Section scheduled to be repealed on January 1, 2013)
Sec. 180.
Home rule.
The regulation and licensing of dietitians and
nutrition counselors are exclusive functions of the State. A home rule
unit may not regulate or license dietitians or nutrition counselors. This
Section is a limitation and denial of home rule powers under paragraph (h)
of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 87‑784.)
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(225 ILCS 30/200) (from Ch. 111, par. 8401‑200)
(Section scheduled to be repealed on January 1, 2013)
Sec. 200.
This Act takes effect January 1, 1992.
(Source: P.A. 87‑784.)
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