Section 1295.05  Application for Licensure as a Naprapath under Section 65 of the Act (Grandfather) (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.10  Approved Naprapathy Program

 

The Department shall, upon the recommendation of the Committee, approve a naprapathy program if it meets the following minimum criteria:

 

a)         The curriculum in naprapathy shall be a 4-year academic program in a minimum of 3 calendar years and provide for the equivalent of 2 calendar years of academic work and one calendar year of clinical experience.

 

1)         Academic work shall be a minimum of 130  credit hours, including:

 

A)        66 credit hours in basic sciences (e.g., anatomy, physiology, pathology, kinesiology, neurology, biochemistry) specialized for the study of connective tissue;  and

 

B)        64 credit hours in clinical sciences, to include but not be limited to the major areas of:

 

i)          Naprapathic Sciences.

 

ii)         Naprapathic theory and application: Oakley Smith method of chartology, chardosis, directoplanning, naprapathic technique, connective tissue manipulation; therapeutic and rehabilitative exercise; postural counseling; nutritional counseling; evaluation procedures; physical agents and related modalities; electrotherapy; connective tissue massage; accessory techniques/adjunctives; assistive devices; practice management psychology; and professional issues.

 

2)         Clinical experience shall be a minimum of 60 credit hours, including:

 

A)        1000 contact hours served in the clinic; and

 

B)        350 full-credit evaluations.

 

3)         The school shall:

 

A)        Admit only students who have completed at a minimum a 2- year college level program of general education (60 semester or 90 quarter hours) from an accredited institution of higher education.

 

B)        Be legally recognized and authorized by the jurisdiction in which it is located to confer a doctor of naprapathy degree.

 

C)        Have a faculty that comprises a sufficient number of full-time instructors to make certain the educational obligations to students are fulfilled.  The faculty must have demonstrated competence as evidenced by appropriate degrees in their area of teaching from professional colleges and institutions.

 

D)        Maintain permanent student records that summarize the credentials for admission, attendance, grades and other records of performance.

 

b)         In determining whether a program should be approved, the Department shall take into consideration but not be bound by accreditation from the American Naprapathic Association (ANA).

 

c)         Recommendation of Approval

 

1)         The Department, upon recommendation of the Committee, has determined that all naprapathic programs accredited by the ANA as of January 1, 1996, meet the minimum criteria set forth in subsection (a) above and, therefore, are approved.

 

2)         In the event of a decision by the ANA to suspend, withdraw or revoke accreditation of any naprapathic program, the Committee shall proceed to evaluate the program and either approve or disapprove it in accordance with subsection (a) above.

 

(Source:  Amended at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.20  Application for Licensure on the Basis of Examination

 

a)         An applicant for a naprapath license by examination shall apply on forms approved by the Department at least 60 days prior to an examination date. The application shall include:

 

1)         An official transcript indicating the completion of a 2 year degree or its equivalent at an accredited college or university;

 

2)         Certification and/or transcript of successful completion of a naprapathic program signed by the director of the approved naprapathic program or other authorized college official and bearing the seal of the college;

 

3)         A complete work history indicating all employment since graduation from a naprapathy program; and

 

4)         The required fee specified in Section 1295.75.

 

b)         If supporting documentation for the application is not in English, a certified translation must be included.

 

c)         If the applicant has ever been licensed/registered in another jurisdiction, he/she shall also submit a certification, on forms provided by the Department, from all jurisdictions in which the applicant has ever been licensed, stating:

 

1)         The time during which the applicant was registered/licensed in that jurisdiction, including the date of the original issuance of the license;

 

2)         A description of the examination in that jurisdiction; and

 

3)         Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

d)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant shall be requested to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Committee to explain relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.30  Examination

 

a)         The examination for licensed naprapaths shall be the Illinois Written Clinical Competency Examination.

 

b)         Grades shall be reported as pass or fail.

 

c)         If an applicant neglects, fails or refuses to take an examination within 3 years after filing an application, the application shall be denied.

 

d)         Any applicant who has been unsuccessful in 3 examinations conducted in this State or any other jurisdiction shall be deemed ineligible for further examination until he/she submits certification of education, on forms supplied by the Department, to the Committee,  subsequent to the third failure, that the applicant has successfully completed:

 

1)         A course of clinical education of not less than 3 months on a full-time basis under the direct, on site, personal supervision of a licensed naprapath in conjunction with an approved program of naprapathy; or

 

2)         A course of study of not less than 48 classroom hours in an approved program of naprapathy; or

 

3)         Not less than 3 months of full-time, not for pay, on site training, supervised by a licensed naprapath in a clinical setting in Illinois. An affidavit signed by the supervisor shall be submitted to the Department to verify training.

 

e)         Any person licensed in Illinois as a naprapath shall not be admitted to the examination.  However, in no way shall this provision limit the Department's ability to require reexaminations for restoration or enforcement purposes.

 

Section 1295.40  Endorsement

 

a)         An applicant who is licensed/registered under the laws of another jurisdiction who wishes to be licensed in Illinois as a naprapath shall file an application with the Department, on forms provided by the Department, which includes:

 

1)         Certification of meeting education requirements as set forth in Section 1295.10 of this Part or the education requirements in effect at the time of original licensure;

 

2)         Certification from all jurisdictions in which the applicant has been licensed, stating the time during which the applicant was licensed in that jurisdiction, whether the file on the applicant contains any disciplinary actions taken or pending, and the applicant's license number;

 

3)         A report of the applicant's examination record forwarded directly from the test reporting service;

 

4)         Complete work history since graduation from a naprapathy program approved pursuant to Section 1295.10 of this Part; and

 

5)         The required fee specified in Section 1295.75.

 

b)         The Department shall examine each endorsement application to determine whether the requirements and examination in the jurisdiction at the date of licensing were substantially equivalent to the requirements and examination then in force in this State and whether the applicant has otherwise complied with the Act.

 

c)         The Department shall either issue a license by endorsement to the applicant or notify the applicant in writing of the reasons for the denial of the application.

 

(Source:  Amended at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.50  Renewals

 

a)         Every naprapath license issued under the Act shall expire on December 31 of each even numbered year.  The holder of a license may renew such license during the month preceding the expiration date by paying the required fee and, beginning with December 31, 2006 renewal and every renewal thereafter, completing continuing education (CE) in accordance with Section 1295.100.

 

b)         It is the responsibility of each licensee to notify the Department of any change of address.  Failure to receive a renewal form from the Department shall not constitute an excuse for failure to renew a license or pay the renewal fee.

 

c)         Practicing or offering to practice on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 120 of the Act.

 

(Source:  Amended at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.60  Inactive Status

 

a)         Licensed naprapaths who notify the Department, on forms provided by the Department, may place their licenses on inactive status and shall be excused from paying renewal fees until they notify the Department in writing of the intention to resume active practice.

 

b)         Any licensed naprapath seeking restoration from inactive status shall pay the current renewal fee specified in Section 1295.75 and have the license restored in accordance with Section 1295.70 of this Part.

 

c)         Any naprapath whose license is on inactive status shall not use the title "licensed naprapath" or practice naprapathy in the State of Illinois.  Any person violating this subsection shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of the Act.

 

(Source:  Amended at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.70  Restoration

 

a)         Any naprapath whose license has expired for 5 years or less may have the license restored by paying the fees required by Section 1295.75.  After December 31, 2006, a licensee seeking restoration of a license shall also be required to submit proof of the required hours of continuing education in accordance with Section 1295.100.  These CE hours shall be earned within the 2 years immediately preceding the restoration of the license.

 

b)         A licensee seeking restoration of a license that has been on inactive status for less than 5 years shall have the license restored upon payment of the current renewal fee.  After December 31, 2006, a licensee seeking restoration of a license shall also be required to submit proof of the required hours of continuing education in accordance with Section 1295.100.  These CE hours shall be earned within the 2 years immediately preceding the restoration of the license.

 

c)         Any person seeking restoration of a license that has been expired or on inactive status for more than 5 years shall file an application, on forms supplied by the Department, for review by the Committee, together with the fee required by Section 1295.75.  The applicant also shall submit one of the following:

 

1)         Sworn evidence of active practice in another jurisdiction.  Such evidence shall include a statement from an appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of active practice; or

 

2)         An affidavit attesting to military service as provided in Section 70 of the Act; or

 

3)         Proof of passage of the naprapath examination set forth in Section 1295.30 of this Part during the period the license was lapsed or on inactive status; or

 

4)         Evidence of completion of:

 

A)        80 contact hours, certified by the school, of clinical training under the supervision of a licensed naprapath or 100 hours of continuing education in naprapathy or any combination thereof approved by the Committee for an applicant whose license has lapsed or been on inactive status for 6 to 10 years.

 

B)        160 contact hours, certified by the school, of clinical training under the supervision of a licensed naprapath or 200 hours of continuing education in naprapathy or any combination thereof approved by the Committee for an applicant whose license has lapsed or been on inactive status for 10 years or more.

 

d)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the licensee seeking restoration shall be requested to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Committee to explain relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

e)         Upon recommendation of the Committee and approval by the Director, an applicant shall have the license restored or be notified in writing of the reason for denying the application.

 

(Source:  Amended at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.75  Fees

 

The following fees shall be paid to the Department for the administration of the Act and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for a license is $250. 

 

2)         The fee for application as a continuing education sponsor is $250.  State colleges, universities, and State agencies are exempt from payment of this fee.

 

b)         Renewal Fees

 

1)         The fee for the renewal of a license shall be calculated at the rate of $125 per year.

 

2)         The fee for renewal as a continuing education sponsor is $125 for the renewal period.

 

c)         General Fees 

 

1)         The fee for the restoration of a license other than from inactive status is $20 plus payment of all lapsed renewal fees, but not to exceed $600.

 

2)         The fee for the issuance of a duplicate license, for the issuance of a replacement license, for a license that has been lost or destroyed or for the issuance of a license with a change of name or address, other than during the renewal period, is $20.  No fee is required for name and address changes on Department records when no duplicate license is issued.

 

3)         The fee for a certification of a licensee’s record for any purpose is $20.

 

4)         The fee to have the scoring of an examination authorized by the Department reviewed and verified is $20 plus any fees charged by the applicable testing service.

 

5)         The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

 

6)         The fee for a roster of persons licensed as naprapaths in this State shall be the actual cost of producing the roster.

 

(Source:  Added at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.80  Unprofessional Conduct

 

Pursuant to Section 110 of the Act, unprofessional conduct in the practice of naprapathy shall include but not be limited to:

 

a)         The promotion of the sale of services, goods, appliances or drugs in such manner as to exploit the patient or client for the financial gain of the practitioner or of a third party.

 

b)         Directly or indirectly offering, giving, soliciting or receiving, or agreeing to receive any fee or other consideration to or from a third party for the referral of a patient or client.

 

c)         Revealing of personally identifiable facts, data or information about a patient or client obtained in a professional capacity without the prior consent of the patient or client, except as authorized or required by law.

 

d)         Practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities that the licensee knows or has reason to know that he or she is not competent to perform.

 

e)         Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that the person to whom the responsibilities were delegated is not qualified by training, experience or licensure to perform them.

 

f)         Overutilizing services by providing excessive evaluation or treatment procedures not warranted by the condition of the patient or by continuing treatment beyond the point of possible benefit.

 

g)         Making gross or deliberate misrepresentations or misleading claims as to professional qualifications or of the efficacy or value of the treatments or remedies given or recommended, or those of another practitioner.

 

h)         Gross and willful and continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered.

 

i)          Failing to maintain for at least 3 years a record for each patient that accurately reflects  the evaluation and treatment of the patient.

 

j)          Advertising or soliciting for patronage in a manner that is fraudulent or misleading.  Examples of advertising or soliciting that are considered fraudulent or misleading shall include, but not be limited to:  advertising that contains false, fraudulent, deceptive or misleading materials, warranties or guarantees of success, statements that play upon vanities or fears of the public or statements that promote or produce unfair competition.

 

(Source:  Added at 27 Ill. Reg. 7803, effective April 21, 2003)

 

Section 1295.100  Continuing Education

 

a)         Continuing Education Hour Requirements

 

1)         Beginning with the December 31, 2006 renewal, every renewal applicant shall complete 30 hours of Continuing Education (CE) relevant to the practice of naprapathy required during each prerenewal period.  A pre-renewal period is the 24 months preceding December 31 in the year of the renewal.

 

2)         A CE hour equals 60 minutes.  After completion of the initial CE hour, credit may be given in one-half hour increments.

 

3)         Courses that are part of the curriculum of a university or college shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of academic credit awarded.

 

4)         A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

 

5)         Naprapaths licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section.

 

b)         Approved Continuing Education

 

1)         Continuing education hours may be earned by verified attendance at or participation in a program that is offered by an approved continuing education sponsor who meets the requirements set forth in subsection (c).  All 30 CE hours may be earned through online programs or courses.

 

2)         CE credit may also be earned as follows:

 

A)        A maximum of 8 hours may be earned per pre-renewal period for papers prepared and delivered before recognized naprapathic organizations, papers published in nationally recognized naprapathic journals, or a chapter in a book of naprapathy, each appropriately verified.

 

B)        A licensee who serves as an instructor, speaker or discussion leader of a CE program will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation.  Preparation time shall not be allowed for presentations of the same course.  The instructor must be able to provide verification of unique content for each CE course taught via course goals, objectives and outline.

 

C)        A maximum of 1 hour of continuing education in cardiopulmonary resuscitation may be earned per pre-renewal period.

 

3)         Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be submitted for approval for fulfillment of the CE requirements of the State of Illinois.

 

4)         Credit shall not be given for courses taken in Illinois from unapproved sponsors.

 

c)         Continuing Education Sponsors and Programs

 

1)         Approved sponsor, as used in this Section, shall mean:

 

A)        The American Naprapathic Association or its affiliates;

 

B)        The North American Naprapathic Association or its affiliates; or

 

C)        Any other person, firm, association, corporation, or group that has been approved and authorized by the Department pursuant to subsection (c)(2) upon the recommendation of the Committee to coordinate and present continuing education courses or programs.

 

2)         Entities seeking a license as a CE sponsor pursuant to subsection (c)(1)(C) shall file a sponsor application, along with the required fee.  (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.)  The applicant shall certify to the following:

 

A)        That all courses and programs offered by the sponsor for CE credit will comply with the criteria in subsection (c) and all other criteria in this Section.  The applicant shall be required to submit a sample 3‑hour CE program with course materials, presenter qualifications and course outline for review prior to being approved as a CE sponsor;

 

B)        That the sponsor will be responsible for verifying attendance at each course or program, and provide a certification of completion as set forth in subsection (b); and

 

C)        That upon request by the Department, the sponsor will submit evidence as is necessary to establish compliance with this Section.  This evidence shall be required when the Department has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance.

 

3)         Each sponsor shall submit by December 31 of each even-numbered year a renewal application along with the renewal fee.  With the application, the sponsor shall be required to submit to the Department a list of all courses and programs offered in the pre-renewal period, which includes a description, location, date and time the course was offered.

 

4)         All courses and programs shall:

 

A)        Contribute to the advancement, extension and enhancement of professional clinical skills and scientific knowledge in the practice of naprapathy;

 

B)        Provide experiences that contain scientific integrity, relevant subject matter and course materials; and

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program.

 

5)         The tuition fees charged for programs conducted by the approved sponsors shall be reasonable and directly related to the sponsor's actual expense in conducting the programs.

 

6)         All programs given by approved sponsors shall be open to all licensed naprapaths and not be limited to the members of a single organization or group and shall specify the number of CE hours.

 

7)         Certificate of Attendance

 

A)        It shall be the responsibility of the sponsor to provide each participant in a program with a certificate of attendance signed by the sponsor.  The sponsor's certificate of attendance shall contain:

 

i)          The name and address of the sponsor;

 

ii)         The name and address of the participant and their naprapathic license number;

 

iii)        A detailed statement of the subject matter;

 

iv)        The number of hours actually attended in each topic;

 

v)         The date of the program; and

 

vi)        The signature of the sponsor.

 

B)        The sponsor shall maintain these records for not less than 5 years.

 

8)         The sponsor shall be responsible for assuring verified continued attendance at each program.  No renewal applicant shall receive credit for time not actually spent attending the program.

 

9)         Upon the failure of a sponsor to comply with any of the foregoing requirements, the Department, after notice to the sponsor and hearing before any recommendation by the Committee pursuant to the Administrative Hearing Rules (see 68 Ill. Adm. Code 1110) shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until the time as the Department receives reasonably satisfactory assurances of compliance with this Section.

 

d)         Continuing Education Earned in Other States

 

1)         If a licensee has earned CE hours in another state or territory for which he/she will be claiming credit toward full compliance in Illinois, that licensee shall submit an out-of-state CE approval form along with a $20 processing fee within 90 days of completion of the course.  The Committee shall review and recommend approval or disapproval of this program using the criteria set forth in this Section.

 

2)         If a licensee fails to submit an out-of-state CE approval form within the required time, late approval may be obtained by submitting the application with the $20 processing fee plus a $10 per hour late fee not to exceed $150.  The Committee shall review and recommend approval or disapproval of this program using the criteria set forth in this Section.

 

e)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with CE requirements set forth in subsection (a).

 

2)        The Department may require additional evidence demonstrating compliance with the CE requirements.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.  The evidence shall be retained for at least 5 years following the renewal period in which the CE was taken.

 

3)         The Department may conduct random audits to verify compliance with CE requirements.

 

4)         When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may request an interview with the Committee, at which time the Committee may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

 

f)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of his/her license without having fully complied with these CE requirements shall file with the Department a renewal application, the renewal fee set forth in Section 1295.75, a statement setting forth the facts concerning the non-compliance, and a request for waiver of the CE requirements on the basis of these facts.  If the Department, upon the written recommendation of the Committee, finds from the affidavit or any other evidence submitted, that good cause has been shown for granting a waiver, the Department shall waive enforcement of the requirements for the renewal period for which the applicant has applied.

 

2)         Good cause shall be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable pre-renewal period because of:

 

A)        Full-time service in the armed forces of the United States of America during a substantial part of the pre-renewal period; or

 

B)        Extreme hardship, which shall be determined on an individual basis by the Committee and shall be limited to documentation of:

 

i)          An incapacitating illness documented by a currently licensed physician,

 

ii)         A physical inability to travel to the sites of approved programs, or

 

iii)        Any other similar extenuating circumstances.

 

3)         If an interview with the Committee is requested at the time the request for waiver is filed with the Department, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by certified mail, return receipt requested.

 

(Source:  Amended at 45 Ill. Reg. 1828, effective January 28, 2021)

 

Section 1295.110  Granting Variances

 

a)         The Director may grant variances from this Part in individual cases where he or she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Committee of the granting of the variance, and the reasons therefor, at the next meeting of the Committee.