In 2012, the Illinois Department of Financial and Professional Regulation charged Mary Veltri, R.N., who operated the Progressive Wellness Center in Inverness, Illinois, with violating the state’s Nurse Practice Act by permitting an unlicensed person Kerry Heitkotter to diagnose and treat patients at the clinic with the BioSET System. In 2013, as noted below, the board fined Veltri $5,000 and suspended her nursing license indefinitely, for a minimum of one year. The suspension order stated that if she violates the Nurse Practice Act while disciplined, that fact can be presented at any hearing on a petition to restore her license.
BioSET (Bio-Energetic Sensitivity and Enzyme Therapy) is a pseudoscientific system of diagnosis and treatment centered around the notion that muscle-testing, electrodermal testing, and/or various questionnaires can detect “energy blockages” that are responsible for disease. The IDFPR’s actions did not stop Veltri and Heitkotter from seeing patients. In December 2011, they incorporated Healthy Foundations in Illinois as a business with Veltri as president and Heitkotter as secretary. Shortly afterward, they registered the domain yourhealthyfoundations.com and programmed the Progressive Wellness site so that visitors would automatically be forwarded to the new site, which indicates that their practice is centered around the use of a Zyto electrodermal screening device. Quackwatch has additional information about what they are doing.
STATE OF ILLINOIS
DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
DIVISION OF PROFESSIONAL REGULATION
| DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois, Complainant v. Marty Rose Veltri License No. 041220467, Respondent |
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No. 200904994 |
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND RECOMMENDATIONS TO THE DIRECTOR
Now comes the Board of Nursing of the Department of Financial and Professional Regulation of the State of Illinois, Division of Professional Regulation [hereinafter referred to as the ‘Department’] and, after reviewing the record in this matter, a majority of its members hereby makes the following Findings of Fact, Conclusions of Law and Recommendation to the Director:
FINDINGS OF FACT
1. MARY ROSE VELTRI, Respondent, is a Registered Professional Nurse in the State of Illinois, holding License No. 041220467, issued by the Department. Said license is currently in Active status.
2. At all times herein, the Department had the power and duty to investigate and discipline the conduct of license holders and to take all action herein sought pursuant to the Illinois Nurse Practice Act, 225 ILCS 65/50-1 et seq., and the rules adopted by the Department in furtherance thereof, 68 Ill. Admin. Code 1300.10, et seq.
3. The Department filed a two (2) count Complaint against Respondent on July 13, 2012 and sent notice of said Complaint to Respondent, by certified and regular mail, on or about July 16, 2012, to Respondent’s last known mailing address at the time of the mailing in accordance with the Department’s records, namely ‘324 Partridge Lane, Wheeling, IL 60090’.
4. Under Count I of the Department’s Complaint, it was alleged that at all times relevant, Respondent was the owner operator of a business commonly known as the Progressive Wellness Center (hereinafter referred to as “the facility”) located at 1608 West Colonial Parkway, Inverness, Illinois.
5. Under Count I of the Department’s Complaint, it was further alleged from on or about August 19, 2011 for a period of time previous to such date, Respondent permitted her agent/employee, Kerry M. Heitkotter, an unlicensed individual, at the facility offer services to patients of the facility utilizing the ‘BioSet’ system in the treatment of physical or mental ailments and allowed Kerry M. Heitkotter to recommend or prescribe treatment for ‘palliation, relief, or cure’ physical ailments of patients treated at the facility, without Kerry M. Heitkotter, being appropriately licensed by the Department to practice medicine in the State of Illinois.
6. Under Count I of the Department’s Complaint, it was further alleged that Respondent failed to verify with the Department as to whether Kerry M. Heitkotter, was licensed by the Department to practice medicine in the State of Illinois before permitting Kerry M. Heitkotter to offer or promote such services.
7. Under Count II of the Department’s Complaint, the Department reiterated its allegations that Respondent allowed Kerry M. Heitkotter to recommend or prescribe treatment for ‘palliation, relief, or cure’ physical ailments of patients treated at the Progressive Wellness Center facility, without Kerry M. Heitkotter, being appropriately licensed by the Department to practice medicine in the Slate of Illinois.
8. Under Count II of the Department’s Complaint, the Department further reiterated its allegation that Respondent failed to verify with other professional licensing as to whether Kerry M. Heitkotter, was licensed to practice medicine in another state before permitting Kerry M. Heitkotter to offer or promote such services.
9. On September 24, 2012, Respondent failed to appear, either in person or by counsel, for a preliminary hearing.
10. On September 24, 2012, Chief Administrative Law Judge Donald Scasock ordered that Respondent file an Answer to the Department’s Complaint on or before October 29, 2012.
11. That time has passed and no Answer has been filed on or behalf of the Respondent.
12. On November 19,2012, Chief Administrative Law Judge Donald Seasock transferred this matter to the Board of Nursing for its deliberations on the pleadings.
CONCLUSIONS OF LAW
1. The Board of Nursing of the Department has jurisdiction over the subject matter and the parties in this case.
2. The Respondent’s conduct as alleged as alleged in Count I of the Department’s Complaint, was in violation of the Nurse Practice Act pursuant to 225 ILCS 65/70-5(b)(7).
3. The Respondent’s conduct as alleged in Count II of the Department’s Complaint, was in violation of the Nurse Practice Act pursuant to 225 ILCS 65170-5(b)(37) in conjunction with the Administrative Rules of the Nurse Practice Act 68 Ill. Adm. Code 1300.350 (a) (7) .
RECOMMENDATION
The Board of Nursing, after making the above Findings of Fact and Conclusions of Law, recommends to Jay Stewart, the Director of the Division of Professional Regulation, that Respondent’s license to practice as a Registered Nurse, License No. 041220467, shall be INDEFINITELY SUSPENDED for a minimum period of one (1) year. The suspension to begin as of the effective date of this Order.
The Board of Nursing, after making the above Findings of Fact and Conclusions of Law, also recommends to Jay Stewart, the Director of the Division of Professional Regulation, that the Respondent be fined in the amount of $5,000.00.
Respondent is hereby placed on notice that, if she violates any provision of the Nurse Practice Act while disciplined, such information may be presented by the Department during any hearing on the Petition for Restoration of Respondent’s Registered Nurse license, Certificate No. 041220467.
DATED THIS 1ST DAY OF MARCH, 2013.
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CHAIRPERSON
