NAPRAPATHIC ACT-SUNSET EXT
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HB 4126 — NAPRAPATHIC ACT-SUNSET EXT
Last action — Public Act . . . . . . . . . 97-0778
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 25, 2012. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Naprapathic Practice Act. Removes all references in the Act to the Naprapathic Examining Committee. Allows the Department to take action, including imposing fines not to exceed $10,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Makes changes in provisions concerning definitions; educational and professional qualifications for licensure; title and designation of licensed naprapaths; powers and duties of the Department; rules; reports; Social Security Numbers on license application; renewal, reinstatement, restoration of licenses; military service; fees; roster; advertising; grounds for disciplinary action; refusal, revocation, and suspension; returned checks; fees; injunctions; cease and desist orders; investigation; notice; hearings; formal hearings; preservation of record; subpoenas; oaths; findings of fact, conclusions of laws, and recommendations; hearing officer; service of report; rehearing; order; substantial justice to be done; rehearing; order or certified copy as prima facie proof; restoration of licenses; imminent danger to public; summary suspension; provision concerning certifying records to the Court; and the Administrative Procedure Act. Amends the Regulatory Sunset Act to extend the repeal of the Naprapathic Practice Act from January 1, 2013 to January 1, 2023. Effective immediately.
Bill Text
What changed in the latest version
40 added · 40 removedPlain-language change summary
The latest version of Bill HB 4126 has changed by replacing the term "Engrossed" with "Enrolled" in its title. This change indicates that the bill has completed the necessary legislative process and is now ready for final approval. This distinction is important because it signals that the bill has gone through revisions and is one step closer to becoming law.
HB4126 EngrossedEnrolled LRB097 16319 CEL 61473 b AN ACT concerning regulation.
The following HB4126 EngrossedEnrolled - 2 - LRB097 16319 CEL 61473 b Act is repealed on January 1, 2023:
HB4126 EngrossedEnrolled - 3 - LRB097 16319 CEL 61473 b "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.
HB4126 EngrossedEnrolled - 4 - LRB097 16319 CEL 61473 b (4) has passed an examination approved by the Department to determine a person's fitness to practice as a naprapath;
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 HB4126 EngrossedEnrolled - 5 - LRB097 16319 CEL 61473 b immediately following title and name.
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 HB4126 EngrossedEnrolled - 6 - LRB097 16319 CEL 61473 b with this Act.
HB4126 EngrossedEnrolled - 7 - LRB097 16319 CEL 61473 b Every application for a renewal, reinstated, or restored license shall require the applicant's customer identification number.
HB4126 EngrossedEnrolled - 8 - LRB097 16319 CEL 61473 b If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, then the 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.
All fees, fines, and penalties collected under this Act HB4126 EngrossedEnrolled - 9 - LRB097 16319 CEL 61473 b 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.
87-1231.) (225 ILCS 63/100) (Section scheduled to be repealed on January 1, 2013) HB4126 EngrossedEnrolled - 10 - LRB097 16319 CEL 61473 b Sec.
(2) Material misstatement in furnishing information to HB4126 EngrossedEnrolled - 11 - LRB097 16319 CEL 61473 b the Department.
(9) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, HB4126 EngrossedEnrolled - 12 - LRB097 16319 CEL 61473 b defraud, or harm the public.
Any employment arrangements may include provisions for compensation, health insurance, pension, or other HB4126 EngrossedEnrolled - 13 - LRB097 16319 CEL 61473 b employment benefits for the provision of services within the scope of the licensee's practice under this Act.
(19) Solicitation of professional services by means HB4126 EngrossedEnrolled - 14 - LRB097 16319 CEL 61473 b other than permitted advertising.
HB4126 EngrossedEnrolled - 15 - LRB097 16319 CEL 61473 b (25) Practicing under a false or, except as provided by law, an assumed name or attempting to practice under a name other than the full name shown on the license.
(30) Use by a registered naprapath of the word "infirmary", "hospital", "school", "university", in HB4126 EngrossedEnrolled - 16 - LRB097 16319 CEL 61473 b English or any other language, in connection with the place where naprapathy may be practiced or demonstrated.
HB4126 EngrossedEnrolled - 17 - LRB097 16319 CEL 61473 b (35) Gross or willful overcharging for professional services including filing false statements for collection of fees for which services are not rendered, including, but not limited to, filing false statements for collection of monies for services not rendered from the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.
HB4126 EngrossedEnrolled - 18 - LRB097 16319 CEL 61473 b (c) The Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
The suspension shall end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the HB4126 EngrossedEnrolled - 19 - LRB097 16319 CEL 61473 b patient.
The Department may order the examining physician or any HB4126 EngrossedEnrolled - 20 - LRB097 16319 CEL 61473 b member of the multidisciplinary team to provide to the Department any and all records including business records that relate to the examination and evaluation, including any supplemental testing performed.
A person holding a license under this Act or who has HB4126 EngrossedEnrolled - 21 - LRB097 16319 CEL 61473 b applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department 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.
The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of HB4126 EngrossedEnrolled - 22 - LRB097 16319 CEL 61473 b medical records.
(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 HB4126 EngrossedEnrolled - 23 - LRB097 16319 CEL 61473 b 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.
HB4126 EngrossedEnrolled - 24 - LRB097 16319 CEL 61473 b 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.
Any person who delivers a HB4126 EngrossedEnrolled - 25 - LRB097 16319 CEL 61473 b 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.
1-1-02.) (225 ILCS 63/120) HB4126 EngrossedEnrolled - 26 - LRB097 16319 CEL 61473 b (Section scheduled to be repealed on January 1, 2013) Sec.
(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 HB4126 EngrossedEnrolled - 27 - LRB097 16319 CEL 61473 b be entered against that person.
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 HB4126 EngrossedEnrolled - 28 - LRB097 16319 CEL 61473 b opportunity to present any pertinent statements, testimony, evidence, and arguments.
At the time and place fixed in the notice, the Committee shall proceed to hear the HB4126 EngrossedEnrolled - 29 - LRB097 16319 CEL 61473 b 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.
(a) The Department may shall have power to subpoena and HB4126 EngrossedEnrolled - 30 - LRB097 16319 CEL 61473 b bring before it any person in this State and to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department 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.
6-30-95.) HB4126 EngrossedEnrolled - 31 - LRB097 16319 CEL 61473 b (225 ILCS 63/145) (Section scheduled to be repealed on January 1, 2013) Sec.
If the Secretary fails to issue a final order within 30 HB4126 EngrossedEnrolled - 32 - LRB097 16319 CEL 61473 b days after the receipt of the hearing officer's findings of fact, conclusions of law, and recommendations, then the hearing officer's findings of fact, conclusions of law, and recommendations shall become a final order of the Department without further review.
If the Secretary Director disagrees with the recommendation of the Committee or hearing officer, he or she may issue an order in HB4126 EngrossedEnrolled - 33 - LRB097 16319 CEL 61473 b contravention of that recommendation.
6-30-95.) (225 ILCS 63/160) (Section scheduled to be repealed on January 1, 2013) HB4126 EngrossedEnrolled - 34 - LRB097 16319 CEL 61473 b Sec.
At any time after the successful completion of a term of indefinite probation, HB4126 EngrossedEnrolled - 35 - LRB097 16319 CEL 61473 b suspension, or revocation of a license, the Department may restore the license to the licensee, unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest or that the licensee has not been sufficiently rehabilitated to warrant the public trust.
In the event that the Secretary Director summarily suspends a license without a HB4126 EngrossedEnrolled - 36 - LRB097 16319 CEL 61473 b hearing, a hearing shall by the Department must be commenced held within 30 days after the suspension has occurred and shall be concluded as expeditiously as possible.
All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and HB4126 EngrossedEnrolled - 37 - LRB097 16319 CEL 61473 b shall not be disclosed.
HB4126 EngrossedEnrolled - 38 - LRB097 16319 CEL 61473 b (Source:
HB4126 EngrossedEnrolled - 39 - LRB097 16319 CEL 61473 b INDEX Statutes amended in order of appearance 5 ILCS 80/4.23 5 ILCS 80/4.33 new 225 ILCS 63/10 225 ILCS 63/17 225 ILCS 63/25 225 ILCS 63/45 225 ILCS 63/57 225 ILCS 63/70 225 ILCS 63/85 225 ILCS 63/95 225 ILCS 63/100 225 ILCS 63/110 225 ILCS 63/115 225 ILCS 63/120 225 ILCS 63/125 225 ILCS 63/130 225 ILCS 63/140 225 ILCS 63/145 225 ILCS 63/150 225 ILCS 63/155 225 ILCS 63/160 225 ILCS 63/165 225 ILCS 63/170 HB4126 EngrossedEnrolled - 40 - LRB097 16319 CEL 61473 b 225 ILCS 63/180 225 ILCS 63/190 225 ILCS 63/193 new 225 ILCS 63/200 225 ILCS 63/50 rep.
Action History
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Public Act . . . . . . . . . 97-0778
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Effective Date July 13, 2012
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 056-000-001
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Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter
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Placed on Calendar Order of 3rd Reading May 8, 2012
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Second Reading
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Placed on Calendar Order of 2nd Reading April 19, 2012
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Do Pass Licensed Activities; 008-000-000
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Assigned to Licensed Activities
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Pamela J. Althoff
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Added Chief Co-Sponsor Rep. Dena M. Carli
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Added Chief Co-Sponsor Rep. Maria Antonia Berrios
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Third Reading - Short Debate - Passed 111-000-000
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Added Chief Co-Sponsor Rep. Michael J. Zalewski
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Added Chief Co-Sponsor Rep. Angelo Saviano
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Health Care Licenses Committee; 008-000-000
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Assigned to Health Care Licenses Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Daniel J. Burke
Sponsors
- Daniel J. Burke · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Daniel J. Burke
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 3 |
| Democrat | 10 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 56 | 0 | 0 | 3 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Link | — | Yea |
| Kotowski | — | Yea |
| Brady | — | Yea |
| LaHood | — | Yea |
| Landek | — | Yea |
| Jacobs | — | Yea |
| Johnson, C. | — | Yea |
| McGuire | — | Yea |
| Johnson, T. | — | Yea |
| Lauzen | — | Yea |
| Jones, J. | — | Yea |
| Sullivan | — | Yea |
| Luechtefeld | — | Not Voting |
| Maloney | — | Yea |
| Cullerton | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Noland | — | Yea |
| Righter | — | Yea |
| Schoenberg | — | Yea |
| Steans | — | Yea |
| Trotter | — | Not Voting |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Cultra | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Garrett | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Sandack | — | Yea |
| Sandoval | — | Not Voting |
| Silverstein | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Kevin Schmidt | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 95 | 0 | 0 | 2 |
| Democrat | 12 | 0 | 0 | 3 |
| Republican | 4 | 0 | 0 | 1 |
| Total | 111 | 0 | 0 | 6 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Brauer | — | Yea |
| Brown | — | Yea |
| Carli | — | Yea |
| McAsey | — | Yea |
| Gaffney | — | Yea |
| Jackson | — | Yea |
| Jefferson | — | Yea |
| Kay | — | Yea |
| Krezwick | — | Yea |
| Lang | — | Yea |
| Dugan | — | Yea |
| Mathias | — | Yea |
| Mell | — | Yea |
| Lyons | — | Yea |
| Moffitt | — | Yea |
| Morthland | — | Yea |
| Mulligan | — | Yea |
| Nekritz | — | Yea |
| Osmond | — | Yea |
| Penny | — | Yea |
| Bradley | — | Yea |
| Soto | — | Yea |
| Brady | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Verschoore | — | Yea |
| Burke, Daniel | — | Yea |
| Mitchell, Bill | — | Yea |
| Burke, Kelly | — | Yea |
| Mitchell, Jerry | — | Yea |
| Sullivan | — | Yea |
| Harris, David | — | Yea |
| Harris, Greg | — | Yea |
| Hernandez | — | Yea |
| Howard | — | Yea |
| Watson | — | Yea |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| Costello | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Farnham | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Golar | — | Yea |
| Gordon | — | Yea |
| Hatcher | — | Yea |
| Hays | — | Yea |
| Williams | — | Yea |
| Jones | — | Yea |
| Davis, Monique | — | Yea |
| McAuliffe | — | Not Voting |
| McGuire | — | Not Voting |
| Pihos | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Cross | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Nybo | — | Yea |
| Phelps | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Roth | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Senger | — | Yea |
| Sente | — | Yea |
| Sommer | — | Yea |
| Leitch | — | Yea |
| Madigan | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Barickman | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biss | — | Yea |
| Mautino | — | Yea |
| Bost | — | Yea |
| May | — | Yea |
| Chapa LaVia | — | Yea |
| Du Buclet | — | Yea |
| Anthony DeLuca | Democrat | Not Voting |
| Bill Cunningham | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Not Voting |
| Michelle Mussman | Democrat | Yea |
| Nicholas K. Smith | Democrat | Not Voting |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Jil Tracy | Republican | Not Voting |
| Joe C. Sosnowski | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 4126 do?
- Amends the Naprapathic Practice Act. Removes all references in the Act to the Naprapathic Examining Committee. Allows the Department to take action, including imposing fines not to exceed $10,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Makes changes in provisions concerning definitions; educational and professional qualifications for licensure; title and designation of licensed naprapaths; powers and duties of the Department; rules; reports; Social Security Numbers on license application; renewal, reinstatement, restoration of licenses; military service; fees; roster; advertising; grounds for disciplinary action; refusal, revocation, and suspension; returned checks; fees; injunctions; cease and desist orders; investigation; notice; hearings; formal hearings; preservation of record; subpoenas; oaths; findings of fact, conclusions of laws, and recommendations; hearing officer; service of report; rehearing; order; substantial justice to be done; rehearing; order or certified copy as prima facie proof; restoration of licenses; imminent danger to public; summary suspension; provision concerning certifying records to the Court; and the Administrative Procedure Act. Amends the Regulatory Sunset Act to extend the repeal of the Naprapathic Practice Act from January 1, 2013 to January 1, 2023. Effective immediately.
- Who sponsors HB 4126?
- HB 4126 is sponsored by Daniel J. Burke.
- What is the current status of HB 4126?
- This bill has been enacted into law. Introduced January 25, 2012. Enacted.
- Where can I track HB 4126?
- Track HB 4126 free on One Click Politics — get push/email alerts when it moves.
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