There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 63/ Naprapathic Practice Act.
(225 ILCS 63/1)
(Section scheduled to be repealed on January 1, 2013)
Sec. 1.
Short title.
This Act may be cited as the Naprapathic Practice Act.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/5)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5.
Objects and purpose.
The practice of naprapathy 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 to be a matter of public interest and concern that the
practice of naprapathy as defined in this Act merit and receive the confidence
of the public, and that only qualified persons be authorized to practice
naprapathy in the State of Illinois. This Act shall be liberally construed to
best carry out these subjects and purposes.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10.
Definitions.
In this Act:
"Naprapath" means a person who practices Naprapathy and who has met all
requirements as provided in the Act.
"Department" means the Department of Professional Regulation.
"Director" means the Director of Professional Regulation.
"Committee" means the Naprapathic Examining Committee appointed by the
Director.
"Referral" means the following of guidance or direction to the naprapath
given by the licensed physician, dentist, or podiatrist who maintains
supervision of the patient.
"Documented current and relevant diagnosis" means a diagnosis, substantiated
by signature or oral verification of a licensed physician, dentist, or
podiatrist, that a patient's condition is such that it may be treated by
naprapathy as defined in this Act, which diagnosis shall remain in effect until
changed by the licensed physician, dentist, or podiatrist.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/15)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15.
Practice of naprapathy defined; referrals.
Naprapathic practice
means the evaluation of persons with connective tissue disorders through the
use of naprapathic case history and palpation or treatment of persons by the
use of connective tissue manipulation, therapeutic and rehabilitative exercise,
postural counseling, nutritional counseling, and the use of the effective
properties of physical measures of heat, cold, light, water, radiant energy,
electricity, sound and air, and assistive devices for the purpose of
preventing, correcting, or alleviating a physical disability.
Naprapathic practice includes, but is not limited to, the treatment of
contractures, muscle spasms, inflammation, scar tissue formation,
adhesions, lesions, laxity, hypotonicity, rigidity, structural imbalance,
bruising, contusions, muscular atrophy, and partial separation of
connective tissue fibers.
Naprapathic practice also includes: (a) performance of specialized tests
and measurements, (b) administration of specialized treatment procedures,
(c) interpretation of referrals from licensed physicians, dentists, and
podiatrists, (d) establishment and modification of naprapathic treatment
programs, and (e) supervision or teaching of naprapathy.
Naprapathic practice does not include radiology, surgery, pharmacology,
invasive diagnostic testing, or determination of a differential diagnosis;
provided, however, the limitation on determining a differential diagnosis
shall not in any manner limit a naprapath licensed under this Act from
performing an evaluation authorized under this Act. A naprapath licensed under
this Act who is not also licensed as a physical therapist under the Illinois
Physical Therapy Act shall not hold himself or herself out as qualified to
provide physical therapy or physiotherapy services. Nothing in this Section
shall limit a naprapath from employing appropriate naprapathic techniques
that he or she is educated and licensed to perform. A naprapath shall refer
to a licensed physician, dentist, or podiatrist any patient whose medical
condition should, at the time of evaluation or treatment, be determined to be
beyond the scope of practice of the naprapath.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/16)
Sec. 16.
(Repealed).
(Source: Repealed by P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/17)
(Section scheduled to be repealed on January 1, 2013)
Sec. 17.
Educational and professional qualifications for licensure.
A person may be qualified to receive a license as a naprapath if he
or she:
(1) is at least 18 years of age and of good moral | ||
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(2) has graduated from a 2 year college level | ||
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(3) has graduated from a curriculum in naprapathy | ||
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(4) has passed an examination approved by the | ||
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(5) has met all other requirements of the Act.
The Department has the right and may request a personal interview with an
applicant before the Committee to further evaluate a person's qualifications
for a license.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/20)
(Section scheduled to be repealed on January 1, 2013)
Sec. 20.
Necessity of license.
No person shall practice or attempt
to practice naprapathy as defined in this Act without a valid license as
a naprapath issued by the Department.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/25)
(Section scheduled to be repealed on January 1, 2013)
Sec. 25.
Title and designation of licensed naprapaths.
Every person
to whom a valid existing license as a naprapath has been issued under this
Act shall be designated professionally a "naprapath", and not otherwise,
and any licensed naprapath may, in connection with the
practice of
his profession, use the title or designation of "naprapath", and, if
entitled by degree from a college or university recognized by the
Department of Professional Regulation, may use the title of "Doctor of
Naprapathy" or the abbreviation "D.N.". When the name of the licensed
naprapath is used professionally in oral, written, or
printed
announcements, professional cards, or publications for the information of
the public and is preceded by the title "Doctor" or the abbreviation
"Dr.", the explanatory designation of "naprapath", "naprapathy", "Doctor of
Naprapathy", or the designation "D.N." shall be added immediately following
title and name. When the announcement, professional cards, or
publication is in writing or in print, the explanatory addition shall be
in writing, type, or print not less than 1/2 the size of that used in the
name and title. No person other than the holder of a valid existing
license under this Act shall use the title and designation of "Doctor of
Naprapathy", "D.N.", or "naprapath", either directly or indirectly, in
connection with his or her profession or business.
A naprapath licensed under this Act shall not hold himself or herself
out as a Doctor of Chiropractic unless he or she is licensed as a Doctor of
Chiropractic under the Medical Practice Act of 1987 or any successor Act.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/30)
(Section scheduled to be repealed on January 1, 2013)
Sec. 30.
Display of license.
Every holder of a license under this Act
shall display the license in a conspicuous place in the office or offices
where the holder practices naprapathy. Every licensee shall, whenever
requested, exhibit his or her license to any representative of the Department.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/33)
(Section scheduled to be repealed on January 1, 2013)
Sec. 33.
Records of examinations and treatments.
Every
licensed naprapath
shall keep a record of naprapathic examinations and treatments made that shall
include the names of persons examined and treated. The record shall be signed
by the licensed naprapath and retained by him or her in the office in which the
professional service was rendered. The records shall be preserved by the
naprapath for a period of 3 years from the date on which the professional
service was rendered. A copy of the records shall be provided, upon written
request, to the person examined and treated or his or her designee.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/35)
Sec. 35.
(Repealed).
(Source: Repealed by P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/40)
(Section scheduled to be repealed on January 1, 2013)
Sec. 40.
Permitted activities.
This Act does not prohibit any of the
following:
(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 naprapathy by a person who is employed by the United
States government or any business, division, or agency thereof while in the
discharge of the employee's official duties.
(c) The practice of naprapathy that is included in a program of
study by students enrolled in schools of naprapathy or in refresher courses
as defined by rule of the Department.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/45)
(Section scheduled to be repealed on January 1, 2013)
Sec. 45.
Powers and duties of the Department; rules; reports.
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 any other powers and duties necessary for effectuating
the purposes of 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. The rules may
include standards and criteria for licensure, and professional conduct
and discipline.
The Department shall consult with the Committee in promulgating rules.
Notice of proposed rulemaking shall be transmitted to the Committee and the
Department shall review the Committee's responses and any recommendations
made by the Committee. The Department may solicit the advice of the Committee
on any
matter
relating to the administration and enforcement of this Act.
Nothing shall limit the ability of the Committee to provide recommendations
to the Director regarding any matter affecting the administration of this
Act.
The Department shall issue quarterly to the Committee a status report of
all complaints related to the profession received by the Department.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/50)
(Section scheduled to be repealed on January 1, 2013)
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. 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. 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. 92‑655, eff. 7‑16‑02.)
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(225 ILCS 63/55)
(Section scheduled to be repealed on January 1, 2013)
Sec. 55.
Applications for licenses.
Applications for original
licenses shall be made to the Department in writing on forms prescribed by the
Department and shall be accompanied by the required fee, which shall not be
refundable. Any 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. 87‑1231.)
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(225 ILCS 63/57)
(Section scheduled to be repealed on January 1, 2013)
Sec. 57.
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, reinstated, 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 63/60)
(Section scheduled to be repealed on January 1, 2013)
Sec. 60.
Examination of applicants; neglect, failure or refusal to take
examination. The Department shall authorize examinations of applicants as
naprapaths at such times and places as 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 naprapathy.
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 his or her application, the application shall be denied.
The applicant, however, may thereafter make a new application for examination
accompanied by the required fee, and must furnish proof of meeting
qualifications for licensure in effect at the time of new
application.
An applicant shall have one year from the date of notification of successful
completion of all the examination requirements to apply to the Department
for a license. If an applicant fails to apply within one year the applicant
shall be required to again take and pass the examination.
The Department may employ consultants for the purpose of preparing and
conducting examinations.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/65)
(Section scheduled to be repealed on January 1, 2013)
Sec. 65.
Licensure without examination.
Upon application made on or
before
December 31, 1999, the Department may grant a
license as a naprapath, upon review of the application, to an applicant who can
document employment as a naprapath and has
received remuneration for practicing naprapathy within the period from July
1, 1985 to July 1, 1993, if that person submits an
application and pays the necessary fees. The applicant must verify meeting the
educational qualifications contained in this Act and shall demonstrate
maintenance of clinical skills. This may require a personal appearance before
the Examining Committee, successful completion of the licensing examination, or
documentation of attendance at relevant clinical education programs within the
past 10 years.
(Source: P.A. 91‑419, eff. 8‑6‑99.)
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(225 ILCS 63/70)
(Section scheduled to be repealed on January 1, 2013)
Sec. 70.
Renewal, reinstatement or restoration of licenses; military
service. The expiration date and renewal period for each license issued
under this Act shall be set by rule.
All renewal applicants shall provide proof of having met the requirements
of continuing education set forth in the rules of the Department. The
Department shall, by rule, provide for an orderly process for the
reinstatement of licenses that have not been renewed due to failure to
meet the continuing education requirements. The continuing education
requirements may be waived in cases of extreme hardship as defined by rules
of the Department.
Any naprapath who has permitted his or her license to expire or who has
had his or her license on inactive status may have his or her license restored
by making application to the Department and filing proof acceptable to the
Department of fitness to have the license restored and by paying the required
fees. Proof of fitness may include evidence certifying to active lawful
practice in another jurisdiction.
The Department shall determine, by an evaluation program established by
rule, fitness for restoration of the license and shall establish
procedures and requirements for restoration.
Any naprapath whose license expired while he or she was (i) in
federal service on active duty with the Armed Forces of the United States or
the
State Militia called into service or training or (ii) in training or
education under the supervision of the United States preliminary to
induction into the military service, however, may have his or her license
restored without paying any lapsed renewal fees if within 2 years after
honorable termination of 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 his or her service, training, or education has been so
terminated.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/75)
(Section scheduled to be repealed on January 1, 2013)
Sec. 75.
Inactive status.
Any naprapath 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 be excused from payment of renewal
fees until he or she notifies the Department in writing of intent to
restore his or her license.
Any naprapath requesting restoration from inactive status shall be
required to pay the current renewal fee and shall be required to restore his or
her license, as provided by rule of the Department.
Any naprapath whose license is on inactive status shall not practice
naprapathy in the State of Illinois.
Any licensee who shall practice while his or her license is lapsed or on
inactive status shall be considered to be practicing without a license
which shall be grounds for discipline under subsection (a) of Section 110 of
this Act.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/80)
(Section scheduled to be repealed on January 1, 2013)
Sec. 80.
Endorsement.
The Department may, in its discretion, license as a
naprapath, without examination, an applicant who is so licensed under the laws
of another state, territory or jurisdiction, if the requirements for licensure
in the jurisdiction in which the applicant was licensed were, at the date of
licensure, substantially equivalent to the requirements then in force in this
State; or if the applicant possesses individual qualifications and skills that
demonstrate substantial equivalence to current Illinois requirements.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years, the
application shall be denied, the fee forfeited, and the applicant must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/85)
(Section scheduled to be repealed on January 1, 2013)
Sec. 85.
Fees.
(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.
(b) 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 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 for examination has been received and
acknowledged by the
Department or the designated testing service, shall result in the forfeiture of
the examination fee.
(Source: P.A. 92‑655, eff. 7‑16‑02.)
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(225 ILCS 63/95)
(Section scheduled to be repealed on January 1, 2013)
Sec. 95.
Roster.
The Department shall maintain a roster of the names and
addresses of all licensees and of all persons whose licenses have been
suspended or revoked. This roster shall be available upon written request
and payment of the required fee.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/100)
(Section scheduled to be repealed on January 1, 2013)
Sec. 100.
Advertising.
(a) Any person licensed under this Act may
advertise the availability of professional services in the public media or
on the premises where professional services are rendered if the advertising
is truthful and not misleading and is in conformity with any rules
promulgated
by the Department.
(b) 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.)
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(225 ILCS 63/105)
(Section scheduled to be repealed on January 1, 2013)
Sec. 105.
Professional service corporations.
Nothing in this Act shall
restrict registrants from forming professional service corporations under the
provisions of the Professional Service Corporation Act.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/110)
(Section scheduled to be repealed on January 1, 2013)
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 | ||
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(3) Conviction of any crime under the laws of any | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Professional incompetence or gross negligence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating | ||
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(8) Failing to provide information within 60 days in | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Habitual or excessive use or addiction to | ||
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(11) Discipline by another U.S. jurisdiction or | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) Using the title "Doctor" or its abbreviation | ||
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(14) A finding by the Department that the licensee, | ||
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(15) Abandonment of a patient without cause.
(16) Willfully making or filing false records or | ||
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(17) Willfully failing to report an instance of | ||
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(18) Physical illness, including but not limited to, | ||
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(19) Solicitation of professional services by means | ||
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(20) Failure to provide a patient with a copy of his | ||
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(21) Conviction by any court of competent | ||
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(22) A finding that licensure has been applied for | ||
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(23) Continued practice by a person knowingly having | ||
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(24) Being named as a perpetrator in an indicated | ||
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(25) Practicing or attempting to practice under a | ||
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(26) Immoral conduct in the commission of any act, | ||
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(27) Maintaining a professional relationship with | ||
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(28) Promotion of the sale of food supplements, | ||
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(29) Having treated ailments of human beings other | ||
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(30) Use by a registered naprapath of the word | ||
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(31) Continuance of a naprapath in the employ of any | ||
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(32) The performance of naprapathic service in | ||
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(33) Failure to provide satisfactory proof of having | ||
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(34) Willfully making or filing false records or | ||
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(35) Gross or willful overcharging for professional | ||
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(36) Mental illness, including, but not limited to, | ||
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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. 92‑655, eff. 7‑16‑02.)
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(225 ILCS 63/115)
(Section scheduled to be repealed on January 1, 2013)
Sec. 115.
Returned checks; fines.
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 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 defray all expenses of processing
the 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 63/120)
(Section scheduled to be repealed on January 1, 2013)
Sec. 120.
Injunctions; cease and desist orders.
(a) If any person violates the 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 or the State's Attorney of any county in which
the action is brought, petition for an order enjoining the violation or for an
order enforcing compliance with this Act. Upon the filing of a verified
petition in court, 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 naprapath or holds himself or herself out
as a naprapath without being licensed under the provisions of this Act then any
licensed naprapath, 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 not be entered against that
person. The rule
shall clearly set forth the grounds relied upon by 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 an order to cease and desist to be issued
immediately.
(Source: P.A. 89‑61, eff. 6‑30‑95; 90‑655, eff. 7‑30‑98.)
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(225 ILCS 63/125)
(Section scheduled to be repealed on January 1, 2013)
Sec. 125.
Investigation; notice; hearing.
The Department may investigate
the actions of any applicant or of any person or persons holding or claiming to
hold a license. Before refusing to issue, refusing to renew, or taking any
disciplinary action regarding a license, the Department shall, at least 30 days
prior to the date set for the hearing, notify in writing the applicant for, or
holder of, a license of the nature of any charges and that a hearing will be
held on a date designated. The Department shall direct the applicant or
licensee to file a written answer with the Committee under oath within 20 days
after the service of the notice and inform the applicant or licensee that
failure to file an answer shall result in default being taken against the
applicant or licensee and that the license or certificate may be suspended,
revoked, or placed on probationary status, or that other disciplinary action
may be taken, including limiting the scope, nature, or extent of practice, as
the Director may deem proper. Written notice may be served by personal
delivery or certified or registered mail to the respondent at the address of
his or her last notification to the Department. If the person fails to file an
answer after receiving notice, 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 any 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. At the time and place fixed
in the notice, the Committee 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 their defense. The Committee may continue a hearing from time to time.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/130)
(Section scheduled to be repealed on January 1, 2013)
Sec. 130.
Formal hearing; preservation of record.
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 all other documents in the
nature of pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Committee or hearing officer, and
order of the Department shall be the record of the proceeding.
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 63/135)
(Section scheduled to be repealed on January 1, 2013)
Sec. 135.
Witnesses; production of documents; contempt.
Any circuit
court may upon application of the Department or its designee or of the
applicant or licensee against whom proceedings under Section 125 of 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 investigation. The court may compel obedience to
its order by proceedings for contempt.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/140)
(Section scheduled to be repealed on January 1, 2013)
Sec. 140.
Subpoena; oaths.
The Department shall have power to
subpoena and bring before it any person in this State 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
circuit courts of this State.
The Director, the designated hearing officer, and every
member of the Committee has 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 its designee or upon
application of the person 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 investigation. The court may compel obedience to its order
by proceedings for contempt.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/145)
(Section scheduled to be repealed on January 1, 2013)
Sec. 145.
Findings of facts, conclusions of law, and recommendations.
At the conclusion of the hearing the Committee shall present to the Director a
written report of its findings of fact, conclusions of law, 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 Committee 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 recommendations of
the Committee shall be the basis for the Department's order. If the
Director disagrees in any regard with the report of the Committee, the
Director may issue an order in contravention of the report. 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 findings are not a bar to a
criminal prosecution brought for the violation of this Act.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/150)
(Section scheduled to be repealed on January 1, 2013)
Sec. 150.
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 Departmental refusal to issue, renew, or license an
applicant, or disciplinary action against a licensee. The hearing officer shall
have full
authority to conduct the hearing. The
hearing officer shall report his or her findings of fact, conclusions of law,
and recommendations to the Committee and the Director. The Committee 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 Committee 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 Committee or hearing officer, he
or she may issue an
order in contravention of that recommendation.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/155)
(Section scheduled to be repealed on January 1, 2013)
Sec. 155.
Service of report; rehearing; order.
In any case involving the
discipline of a license, a copy of the Committee'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 days after the service, the
respondent may present to the Department a motion in writing for a rehearing
that 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 a motion for rehearing is denied, then upon the denial the
Director may enter an order in accordance with this Act. If the respondent
orders from the reporting service and pays for a transcript of
the record within
the time for filing a motion for rehearing, the 20 calendar day period
within which the
motion may be filed shall commence upon the delivery of the transcript to the
respondent.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/160)
(Section scheduled to be repealed on January 1, 2013)
Sec. 160.
Substantial justice to be done; rehearing.
Whenever the
Director is satisfied that substantial justice has not been done in the
revocation, suspension, or refusal to issue or renew a license, the Director
may order a rehearing by the same or another hearing officer or by the
Committee.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/165)
(Section scheduled to be repealed on January 1, 2013)
Sec. 165.
Order or certified copy as prima facie proof.
An order or a
certified copy thereof, 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 such Director is duly appointed and qualified;
(c) that the Committee and its members are qualified to act.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/170)
(Section scheduled to be repealed on January 1, 2013)
Sec. 170.
Restoration of license.
At any time after the suspension or
revocation of any license the Department may restore the license to
the accused
person, unless after an investigation and a hearing the Department
determines that restoration is not in the public interest.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/175)
(Section scheduled to be repealed on January 1, 2013)
Sec. 175.
Surrender of license.
Upon the revocation or suspension of
any license, the licensee shall immediately surrender the license to the
Department. If the licensee fails to do so, the Department shall have
the right to seize the license.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/180)
(Section scheduled to be repealed on January 1, 2013)
Sec. 180.
Imminent danger to public; summary suspension.
The
Director may summarily suspend the license of a naprapath
without a
hearing, simultaneously with the institution of proceedings for a hearing
provided for in this Act, if the Director finds that
evidence in his or her possession indicates that continuation in practice
would
constitute an imminent danger to the public. In the event that the
Director summarily suspends a license without a hearing, a
hearing
by the Department must be held within 30 days after the suspension has
occurred.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/185)
(Section scheduled to be repealed on January 1, 2013)
Sec. 185.
Review under 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.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/190)
(Section scheduled to be repealed on January 1, 2013)
Sec. 190.
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. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/195)
(Section scheduled to be repealed on January 1, 2013)
Sec. 195.
Violations; penalties.
Any person who is found to have
violated any provision of this Act is guilty of a Class A misdemeanor. On
conviction of a second or subsequent offense the violator shall be guilty
of a Class 4 felony.
(Source: P.A. 87‑1231.)
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(225 ILCS 63/200)
(Section scheduled to be repealed on January 1, 2013)
Sec. 200.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is expressly adopted and incorporated
in this Act
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 has the right
to show compliance with all lawful requirements for retention, continuation, or
renewal of the license, is specifically excluded. For the purpose of this Act,
the notice required under Section 10‑25 of the Administrative
Procedure Act is deemed sufficient when mailed to the last known address of a
party.
(Source: P.A. 88‑670, eff. 12‑2‑94; 89‑61, eff. 6‑30‑95.)
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(225 ILCS 63/260)
(Section scheduled to be repealed on January 1, 2013)
Sec. 260.
This Act takes effect July 1, 1993.
(Source: P.A. 87‑1231.)
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