2010 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    (Section scheduled to be repealed on January 1, 2013)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.)

    (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    (Section scheduled to be repealed on January 1, 2013)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.)

    (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    (Section scheduled to be repealed on January 1, 2013)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
     relative to medically prescribed diets, including, but not limited to tube feedings, specialized intravenous solutions, and specialized oral feedings;
        (b) food and prescription drug interactions; and
        (c) developing and managing food service operations
     whose chief function is nutrition care and provision of medically prescribed diets.
    "Medically prescribed diet" means a diet prescribed when specific food or nutrient levels need to be monitored, altered, or both as a component of a treatment program for an individual whose health status is impaired or at risk due to disease, injury, or surgery and may only be performed as initiated by or in consultation with a physician licensed to practice medicine in all of its branches.
    "Nutrition assessment" means the evaluation of the nutrition needs of individuals or groups using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations.
    "Nutrition counseling" means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment.
    "Nutrition services for individuals and groups" shall include, but is not limited to, all of the following;
        (a) Providing nutrition assessments relative to
     preventive maintenance or restorative care.
        (b) Providing nutrition education and nutrition
     counseling as components of preventive maintenance or restorative care.
        (c) Developing and managing systems whose chief
     function is nutrition care. Nutrition services for individuals and groups does not include medical nutrition therapy as defined in this Act.
    "Practice experience" means a preprofessional, documented, supervised practice in dietetics or nutrition services that is acceptable to the Department in compliance with requirements for licensure, as specified in Sections 45 and 50. It may be or may include a documented, supervised practice experience which is a component of the educational requirements for licensure, as specified in Section 45 or 50.
    "Registered dietitian" means an individual registered with the Commission on Dietetic Registration, the accrediting body for the American Dietetic Association.
    "Restorative" means the component of nutrition care that deals with oral dietary needs for individuals and groups. Activities shall relate to the metabolism of food and the requirements for nutrients, including dietary supplements for growth, development, maintenance, or attainment of optimal health.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (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
     other Act that authorizes the person to provide these services.
        (2) The person is licensed to practice nutrition
     under the law of another state, territory of the United States, or country and has applied in writing to the Department in form and substance satisfactory to the Department for a license as a dietitian nutritionist until (i) the expiration of 6 months after filing the written application, (ii) the withdrawal of the application, or (iii) the denial of the application by the Department.
    (b) No person shall practice dietetics, as defined in this Act, or hold himself or herself out as a licensed dietitian nutritionist unless that person is so licensed under this Act or meets one or more of the following criteria:
        (1) The person is licensed in this State under any
     other Act that authorizes the person to provide these services.
        (2) The person is a dietary technical support
     person, working in a hospital setting or a regulated Department of Public Health or Department on Aging facility or program, who has been trained and is supervised while engaged in the practice of dietetics by a licensed dietitian nutritionist in accordance with this Act and whose services are retained by that facility or program on a full time or regular, ongoing consultant basis.
        (3) The person is licensed to practice dietetics
     under the law of another state, territory of the United States, or country, or is a registered dietitian, who has applied in writing to the Department in form and substance satisfactory to the Department for a license as a dietitian nutritionist until (i) the expiration of 6 months after the filing the written application, (ii) the withdrawal of the application, or (iii) the denial of the application by the Department.
    (c) No person shall practice dietetics or nutrition services, as defined in this Act, or hold himself or herself out as a licensed dietitian nutritionist, a dietitian, a nutritionist, or a nutrition counselor unless the person is licensed in accordance with this Act.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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
     to the Department.
        (b) Violations of this Act or its rules.
        (c) Conviction of any crime under the laws of the
     United States or any state or territory thereof that is (i) a felony; (ii) a misdemeanor, an essential element of which is dishonesty; or (iii) a crime that is directly related to the practice of the profession.
        (d) Making any misrepresentation for the purpose of
     obtaining licensure or violating any provision of this Act.
        (e) Professional incompetence or gross negligence.
        (f) Malpractice.
        (g) Aiding or assisting another person in violating
     any provision of this Act or its rules.
        (h) Failing to provide information within 60 days in
     response to a written request made by the Department.
        (i) Engaging in dishonorable, unethical or
     unprofessional conduct of a character likely to deceive, defraud, or harm the public.
        (j) Habitual or excessive use or addiction to
     alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.
        (k) Discipline by another state, territory, or
     country if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
        (l) Directly or indirectly giving to or receiving
     from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.
        (m) A finding by the Department that the licensee,
     after having his or her license placed on probationary status, has violated the terms of probation.
        (n) Conviction by any court of competent
     jurisdiction, either within or outside this State, of any violation of any law governing the practice of dietetics or nutrition counseling, if the Department determines, after investigation, that the person has not been sufficiently rehabilitated to warrant the public trust.
        (o) A finding that licensure has been applied for or
     obtained by fraudulent means.
        (p) Practicing or attempting to practice under a
     name other than the full name as shown on the license or any other legally authorized name.
        (q) Gross and willful overcharging for professional
     services including filing statements for collection of fees or monies for which services are not rendered.
        (r) Failure to (i) file a return, (ii) pay the tax,
     penalty or interest shown in a filed return, or (iii) pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until the requirements of any such tax Act are satisfied.
        (s) Willfully failing to report an instance of
     suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
    (2) In enforcing this Section, the Board, upon a showing of a possible violation, may compel a licensee or applicant to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physician shall be specifically designated by the Board. The Board or the Department may order the examining physician to present testimony concerning the mental or physical examination of a licensee or applicant. No information may be excluded by reason of any common law or statutory privilege relating to communications between a licensee or applicant and the examining physician. An individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of an individual to submit to a mental or physical examination, when directed, is grounds for suspension of his or her license. The license must remain suspended until the time that the individual submits to the examination or the Board finds, after notice and a hearing, that the refusal to submit to the examination was with reasonable cause. If the Board finds that an individual is unable to practice because of the reasons set forth in this Section, the Board must require the individual to submit to care, counseling, or treatment by a physician approved by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. In lieu of care, counseling, or treatment, the Board may recommend that the Department file a complaint to immediately suspend or revoke the license of the individual or otherwise discipline him or her. Any individual whose license was granted, continued, reinstated, or renewed subject to conditions, terms, or restrictions, as provided for in this Section, or any individual who was disciplined or placed on supervision pursuant to this Section must be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Board.
    The Department shall deny any license or renewal under this Act to any person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission; however, the Department may issue a license or renewal if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.
    The determination by a circuit court that a registrant is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. This suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Director that the registrant be allowed to resume practice.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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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