Bill Text: IL HB0533 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Savings and Loan Act of 1985. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0364 [HB0533 Detail]

Download: Illinois-2013-HB0533-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.24 and by adding Section 4.34 as follows:
(5 ILCS 80/4.24)
Sec. 4.24. Acts and Section repealed on January 1, 2014.
The following Acts and Section of an Act are repealed on
January 1, 2014:
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters Act of 1984.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered Surgical
Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of 2004.
(Source: P.A. 97-1139, eff. 12-28-12.)
(5 ILCS 80/4.34 new)
Sec. 4.34. Act repealed on January 1, 2024. The following

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Act is repealed on January 1, 2024:
The Registered Surgical Assistant and Registered Surgical
Technologist Title Protection Act.
Section 10. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Sections 10, 20, 30, 40, 45, 50, 55, 65,
70, 75, 77, 80, 85, 90, 95, 100, 105, 110, 115, 120, 125, 130,
135, 145, 150, and 165 and by adding Section 87 as follows:
(225 ILCS 130/10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or registrant's
application file or registration file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or registrant to inform the Department of any change
of address and those changes must be made either through the
Department's website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Direct supervision" means supervision by a licensed an
operating physician, licensed podiatrist, or licensed dentist
who is physically present and who personally directs delegated
acts and remains available to personally respond to an

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emergency until the patient is released from the operating
room. A registered professional nurse may also provide direct
supervision within the scope of his or her license. A
registered surgical assistant or registered surgical
technologist shall perform duties as assigned.
"Director" means the Director of Professional Regulation.
"Physician" or "operating physician" means a person
licensed to practice medicine in all of its branches under the
Medical Practice Act of 1987.
"Registered surgical assistant" means a person who (i) is
not licensed to practice medicine in all of its branches, (ii)
is certified by the National Surgical Assistant Association as
a Certified Surgical Assistant on the Certification of Surgical
Assistants, the National Board of Surgical Technology and
Surgical Assisting Liaison Council on Certification for the
Surgical Technologist as a Certified Surgical First Assistant
certified first assistant, or the American Board of Surgical
Assistants as a Surgical Assistant-Certified Assisting, (iii)
performs duties under direct supervision, (iv) provides
services only in a licensed hospital, ambulatory treatment
center, or office of a physician licensed to practice medicine
in all its branches, and (v) is registered under this Act.
"Registered surgical technologist" means a person who (i)
is not a physician licensed to practice medicine in all of its
branches, (ii) is certified by the National Board for Surgical
Technology and Surgical Assisting Liaison Council on

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Certification for the Surgical Technologist, (iii) performs
duties under direct supervision, (iv) provides services only in
a licensed hospital, ambulatory treatment center, or office of
a physician licensed to practice medicine in all its branches,
and (v) is registered under this Act.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/20)
(Section scheduled to be repealed on January 1, 2014)
Sec. 20. Illinois Administrative Procedure Act; rules. (a)
The Illinois Administrative Procedure Act is expressly adopted
and incorporated in this Act as if all of the provisions of the
Illinois Administrative Procedure Act were included in this
Act, except that the provision of subsection (d) of Section
10-65 of the Illinois Administrative Procedure Act that
provides that at hearings the registrant has the right to show
compliance with all lawful requirements for retention,
continuation, or renewal of the registration is specifically
excluded. For purposes of this Act, the notice required under
Section 10-25 of the Illinois Administrative Procedure Act is
deemed sufficient when mailed to the registrant's address of
record last known address of a party.
(b) The Director may promulgate rules for the
administration and enforcement of this Act and may prescribe

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forms to be issued in connection with this Act.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/30)
(Section scheduled to be repealed on January 1, 2014)
Sec. 30. Social Security Number on registration
application. In addition to any other information required to
be contained in the application, every application for an
original certificate of registration under this Act shall
include the applicant's Social Security Number, which shall be
retained in the agency's records pertaining to the registration
license. As soon as practical, the Department shall assign a
customer's identification number to each applicant for a
registration license.
Every application for a renewed, reinstated, renewal or
restored registration license shall require the applicant's
customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
(225 ILCS 130/40)
(Section scheduled to be repealed on January 1, 2014)
Sec. 40. Application of Act. This Act shall not be
construed to prohibit the following:
(1) A person licensed in this State under any other Act
from engaging in the practice for which he or she is
licensed, including but not limited to a physician licensed

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to practice medicine in all its branches, physician
assistant, advanced practice registered nurse, or nurse
performing surgery-related tasks within the scope of his or
her license, nor are these individuals required to be
registered under this Act.
(2) A person from engaging in practice as a surgical
assistant or surgical technologist in the discharge of his
or her official duties as an employee of the United States
government.
(3) One or more registered surgical assistants or
surgical technologists from forming a professional service
corporation in accordance with the Professional Service
Corporation Act and applying for licensure as a corporation
providing surgical assistant or surgical technologist
services.
(4) A student engaging in practice as a surgical
assistant or surgical technologist under the direct
supervision of a physician licensed to practice medicine in
all of its branches as part of his or her program of study
at a school approved by the Department or in preparation to
qualify for the examination as prescribed under Sections 45
and 50 of this Act.
(5) A person from assisting in surgery at a an
operating physician's discretion, including but not
limited to medical students and residents, nor are medical
students and residents required to be registered under this

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Act.
(6) A hospital, health system or network, ambulatory
surgical treatment center, physician licensed to practice
medicine in all its branches, physician medical group, or
other entity that provides surgery-related services from
employing individuals that the entity considers competent
to assist in surgery. These entities are not required to
utilize registered surgical assistants or registered
surgical technologists when providing surgery-related
services to patients. Nothing in this subsection shall be
construed to limit the ability of an employer to utilize
the services of any person to assist in surgery within the
employment setting consistent with the individual's skill
and training.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/45)
(Section scheduled to be repealed on January 1, 2014)
Sec. 45. Registration requirements; surgical assistant. A
person shall qualify for registration as a surgical assistant
if he or she has applied in writing on the prescribed form, has
paid the required fees, and meets all of the following
requirements:
(1) Is at least 21 years of age.
(2) Has not violated a provision of Section 75 95 of
this Act. In addition the Department may take into

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consideration any felony conviction of the applicant, but a
conviction shall not operate as an absolute bar to
registration unless otherwise provided by law.
(3) Has completed a medical education program approved
by the Department or has graduated from a United States
Military Program that emphasizes emphasized surgical
assisting.
(4) Has successfully completed a national certifying
examination approved by the Department.
(5) Is currently certified by the National Surgical
Assistant Association as a Certified Surgical Assistant on
the Certification of Surgical Assistants, the National
Board of Surgical Technology and Surgical Assisting
Liaison Council on Certification for the Surgical
Technologist as a Certified Surgical First Assistant
certified first assistant, or the American Board of
Surgical Assistants as a Surgical Assistant-Certified
Assisting.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/50)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50. Registration requirements; surgical technologist.
A person shall qualify for registration as a surgical
technologist if he or she has applied in writing on the
prescribed form, has paid the required fees, and meets all of

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the following requirements:
(1) Is at least 18 years of age.
(2) Has not violated a provision of Section 75 95 of
this Act. In addition the Department may take into
consideration any felony conviction of the applicant, but a
conviction shall not operate as an absolute bar to
registration unless otherwise provided by law.
(3) Has completed a nationally accredited surgical
technology technologist program approved by the Department
or has graduated from a United States Military Program that
emphasizes surgical technology.
(4) Has successfully completed the surgical
technologist national certification examination provided
by the National Board of Surgical Technology and Surgical
Assisting Liaison Council on Certification for the
Surgical Technologist or its successor agency.
(5) (Blank).
(6) Is currently certified by the National Board of
Surgical Technology and Surgical Assisting Liaison Council
on Certification for the Surgical Technologist or its
successor agency and has met the requirements set forth for
certification.
(Source: P.A. 97-813, eff. 7-13-12.)
(225 ILCS 130/55)
(Section scheduled to be repealed on January 1, 2014)

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Sec. 55. Supervision requirement. A person registered
under this Act shall practice as a surgical assistant only
under direct supervision.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/65)
(Section scheduled to be repealed on January 1, 2014)
Sec. 65. Inactive status. A registrant who notifies
notified the Department in writing on forms prescribed by the
Department may elect to place his or her registration on
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 his or her intention to
restore the registration. A registrant requesting restoration
from inactive status shall pay the current renewal fee and
shall restore his or her registration in accordance with
Section 60 of this Act. A registrant whose registration license
is on inactive or non-renewed status shall not hold himself or
herself out as a registered surgical assistant or registered
surgical technologist. To do so shall be grounds for discipline
under Section 75 of this Act.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/70)
(Section scheduled to be repealed on January 1, 2014)
Sec. 70. Fees; returned checks.

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(a) The Department shall set by rule fees for the
administration of this Act, including but not limited to fees
for initial and renewal registration and restoration of a
certificate of registration.
(b) A 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. The Department shall notify the person that fees and fines
shall be paid to the Department by certified check or money
order within 30 calendar days of the notification. If, after
the expiration of 30 days from the date of the notification,
the person has failed to submit the necessary remittance, the
Department shall automatically terminate the registration or
deny the application without a hearing. If the person seeks a
registration license after termination or denial, he or she
shall apply to the Department for restoration or issuance of
the registration license 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 registration
license to defray the expenses of processing the application.
The Secretary Director may waive the fines due under this
Section in individual cases if the Secretary Director finds
that the fines would be unreasonable or unnecessarily

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burdensome.
(c) All of the fees and fines collected under this Act
shall be deposited into the General Professions Dedicated Fund.
All moneys in the Fund shall be used by the Department, as
appropriated, for the ordinary and contingent expenses of the
Department.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2014)
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore a
registration, may revoke or suspend a registration, or may
place on probation, censure, reprimand, or take other
disciplinary or non-disciplinary action with regard to a person
registered under this Act, including but not limited to the
imposition of fines not to exceed $10,000 $5,000 for each
violation and the assessment of costs as provided for in
Section 90, for any one or combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating a provision of this Act or its rules
adopted under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,

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convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty, or that is directly related to the
practice of the profession. Conviction under the laws of a
United States jurisdiction of a crime that is a felony or a
misdemeanor, an essential element of which is dishonesty,
or of a crime that is directly related to the practice as a
surgical assistant or surgical technologist.
(4) Fraud or Making a misrepresentation in applying
for, renewing, restoring, reinstating, or procuring a
registration under this Act for the purpose of obtaining,
renewing, or restoring a registration.
(5) Aiding Wilfully aiding or assisting another person
in violating a provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another United States jurisdiction,
governmental agency, unit of government, or foreign
nation, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in

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this Section.
(9) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (9) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the registrant's licensee's practice
under this Act. Nothing in this paragraph (9) shall be
construed to require an employment arrangement to receive
professional fees for services rendered.
(10) A finding by the Department that the registrant,
after having his or her registration placed on probationary
status, has violated the terms of probation.
(11) Willfully Wilfully making or filing false records
or reports in his or her practice, including but not
limited to false records or reports filed with State
agencies.
(12) Willfully Wilfully making or signing a false
statement, certificate, or affidavit to induce payment.
(13) Willfully Wilfully failing to report an instance

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of suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the registrant
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(15) (Blank). Employment of fraud, deception, or any
unlawful means in applying for or securing a license as a
surgical assistant.
(16) Failure to report to the Department (A) any
adverse final action taken against the registrant by
another registering or licensing jurisdiction, government
agency, law enforcement agency, or any court or (B)
liability for conduct that would constitute grounds for
action as set forth in this Section.
(17) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety intoxication or
addiction to the use of drugs.
(18) Physical or mental illness, including but not
limited to deterioration through the aging process or loss
of motor skills, which results in the inability to practice

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the profession for which he or she is registered with
reasonable judgment, skill, or safety.
(19) Gross malpractice resulting in permanent injury
or death of a patient.
(20) Immoral conduct in the commission of an act
related to the registrant's practice, including but not
limited to sexual abuse, sexual misconduct, or sexual
exploitation.
(21) Violation of the Health Care Worker Self-Referral
Act.
(b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Regulation Law of the Civil
Administrative Code of Illinois.
(c) 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. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the

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patient, and (3) filing of a petition for restoration
demonstrating fitness to practice the recommendation of the
Department to the Director that the registrant be allowed to
resume his or her practice.
(d) The Department shall deny a registration 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 paragraph (5) of
subsection (a) of Section 2105-15 of the Department of
Regulation Law of the Civil Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential
registrant is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's registration or may take
other disciplinary action against that person based solely upon
the certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
registered under this Act or any individual who has applied for

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registration to submit to a mental or physical examination and
evaluation, or both, that may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation, or
both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
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. The Department may order the

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examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the registrant or applicant ordered to
undergo an evaluation and examination for the examining
physician or any member of the multidisciplinary team to
provide information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation. The 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 any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of the
reasons set forth in this Section, the Department shall require
such registrant to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a

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condition for continued, reinstated, or renewed registration.
When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals registered under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their registration.
(g) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
(Source: P.A. 96-1482, eff. 11-29-10.)
(225 ILCS 130/77)
(Section scheduled to be repealed on January 1, 2014)
Sec. 77. Suspension of registration for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the registration license or other

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authorization to practice of any person issued under this Act
who has been certified by court order as not having paid
restitution to a person under Section 8A-3.5 of the Illinois
Public Aid Code or under Section 17-10.5 or 46-1 of the
Criminal Code of 1961 or the Criminal Code of 2012. A person
whose registration license or other authorization to practice
is suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(225 ILCS 130/80)
(Section scheduled to be repealed on January 1, 2014)
Sec. 80. Cease and desist order; injunctions.
(a) If a person violates a provision of this Act, the
Secretary Director, in the name of the People of the State of
Illinois through the Attorney General of the State of Illinois,
or the State's Attorney of a county in which the violation is
alleged to have occurred occurs, may petition for an order
enjoining the violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition in court,
the court may issue a temporary restraining order without
notice or bond and may preliminarily and permanently enjoin the
violation. If it is established that the registrant 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

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remedies and penalties provided by this Act.
(b) If a person holds himself or herself out as a surgical
assistant or surgical technologist without being registered
under this Act, then any registrant under this Act, interested
party, or person injured thereby, in addition to the Secretary
Director or State's Attorney, may petition for relief as
provided in subsection (a) of this Section.
(c) If the Department determines that a person violated a
provision of this Act, the Department may issue a rule to show
cause why an order to cease and desist should not be entered
against him or her. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued immediately.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/85)
(Section scheduled to be repealed on January 1, 2014)
Sec. 85. Investigation; notice; hearing. Certificates of
registration may be refused, revoked, suspended, or otherwise
disciplined in the manner provided by this Act and not
otherwise. The Department may upon its own motion and shall
upon the verified complaint in writing of any person setting
forth facts that if proven would constitute grounds for refusal

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to issue or for suspension or revocation under this Act,
investigate the actions of a person applying for, holding, or
claiming to hold a certificate of registration. The Department
shall, before refusing to issue or renew a registration ,
suspending, or revoking a certificate of registration or taking
other disciplinary or non-disciplinary action discipline
pursuant to Section 75 of this Act, and at least 30 days prior
to the date set for the hearing, (i) notify in writing the
applicant or registrant licensee of the any charges made and
the time and place for a hearing of the charges, shall afford
the applicant or registrant an opportunity to be heard in
person or by counsel in reference to the charges, and (ii)
direct the applicant or registrant to file a written answer to
the Department under oath within 20 days after the service of
the notice, and (iii) inform the applicant or registrant that
failure to file an answer will result in default being taken
against the applicant or registrant and that the certificate of
registration may be suspended, revoked, placed on probationary
status, or other disciplinary action may be taken, including
limiting the scope, nature, or extent of practice, as the
Director may deem proper.
Written notice and any notice in the subsequent proceeding
may be served by personal delivery to the applicant or
registrant or by mailing the notice by registered or certified
mail to the applicant's or registrant's address of record his
or her last known place of residence or to the place of

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business last specified by the applicant or registrant in his
or her last notification to the Department. If the person fails
to file an answer after receiving notice, his or her
certificate of registration may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status or the Department may take whatever disciplinary or
non-disciplinary action deemed proper, including limiting the
delegated tasks or the imposition of a fine, without a hearing,
if the act or acts charged constitute sufficient grounds for
such action under this Act. At the time and place fixed in the
notice, the Department shall proceed to hearing of the charges
and the parties and their counsel both the applicant or
registrant and the complainant shall be afforded ample
opportunity to present, in person or by counsel, any pertinent
statements, testimony, evidence, and arguments that may be
pertinent to the charges or to their defense. The Department
may continue a hearing from time to time. The Department may
continue a hearing for a period not to exceed 30 days.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/87 new)
Sec. 87. Confidentiality. All information collected by the
Department in the course of an examination or investigation of
a registrant or applicant, including, but not limited to, any
complaint against a registrant filed with the Department and
information collected to investigate any such complaint shall

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be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the
information to anyone other than law enforcement officials,
regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
registrant by the Department or any order issued by the
Department against a registrant or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 130/90)
(Section scheduled to be repealed on January 1, 2014)
Sec. 90. Record of proceedings. The Department, at its
expense, shall preserve a record of all proceedings at a formal
hearing conducted pursuant to Section 85 of this Act. Any
registrant who is found to have violated this Act or who fails
to appear for a hearing to refuse to issue, restore, or renew a
registration or to discipline a registrant may be required by
the Department to pay for the costs of the proceeding. These
costs are limited to costs for court reporters, transcripts,
and witness attendance and mileage fees. All costs imposed
under this Section shall be paid within 60 days after the
effective date of the order imposing the fine. The notice of

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hearing, complaint, and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Department or
hearing officer, and orders of the Department shall be the
record of the proceeding. The Department shall supply a
transcript of the record to a person interested in the hearing
on payment of the fee required under Section 2105-115 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/95)
(Section scheduled to be repealed on January 1, 2014)
Sec. 95. Order for production of documents. A circuit court
may, upon application of the Department, or its designee, or of
the applicant or registration against whom proceedings
pursuant to Section 85 of this Act are pending, enter an may
order requiring the attendance and testimony of witnesses and
their testimony and the production of relevant documents,
papers, files, books, and records in connection with a hearing
or investigation authorized by this Act. The court may compel
obedience to its order through contempt proceedings.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/100)
(Section scheduled to be repealed on January 1, 2014)

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Sec. 100. Subpoena power.
(a) The Department may has the power to subpoena and 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 orally or
by deposition, with the same fees and mileage and in the same
manner as prescribed by law in judicial proceedings in civil
cases in circuit courts of this State.
(b) The Secretary, the hearing officer, or a certified
shorthand court reporter may Director shall have the authority
to administer oaths , at any hearing that the Department
conducts is authorized to conduct under this Act, oaths to
witnesses and any other oaths authorized to be administered by
the Department under this Act. Notwithstanding any other
statute or Department rule to the contrary, all requests for
testimony, production of documents, or records shall be in
accordance with this Act.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/105)
(Section scheduled to be repealed on January 1, 2014)
Sec. 105. Disciplinary report. At the conclusion of the
hearing, the hearing officer Department shall present to the
Secretary Director a written report of his or her its findings

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of fact, conclusions of law, and recommendations. In the
report, the hearing officer Department shall make a finding of
whether or not the charged registrant or applicant violated a
provision of this Act or its rules and shall specify the nature
of the violation. In making its recommendations for discipline,
the Department may take into consideration all facts and
circumstances bearing upon the reasonableness of the conduct of
the respondent and the potential for future harm to the public,
including but not limited to previous discipline of that
respondent by the Department, intent, degree of harm to the
public and likelihood of harm in the future, any restitution
made, and whether the incident or incidents complained of
appear to be isolated or a pattern of conduct. In making its
recommendations for discipline, the Department shall seek to
ensure that the severity of the discipline recommended bears
some reasonable relationship to the severity of the violation.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/110)
(Section scheduled to be repealed on January 1, 2014)
Sec. 110. Motion for rehearing. In a case involving the
refusal to issue or renew a registration or the discipline of a
registrant, a copy of the hearing officer's Department's report
shall be served upon the respondent by the Department, either
personally or as provided under Section 20 of this Act for the
service of the notice of hearing. Within 20 days after the

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service, the respondent may present to the Department a motion
in writing for a rehearing, which shall specify the particular
grounds for a rehearing. If no motion for rehearing is filed,
then upon the expiration of the time specified for filing the
motion, or if a motion for rehearing is denied, then upon the
denial the Secretary Director may enter an order in accordance
with recommendations of the Department, except as provided in
Section 115 or 120 of this Act. If the respondent orders a
transcript of the record from the reporting service and pays
for the transcript within the time for filing a motion for
rehearing, the 20-day period within which such a motion may be
filed shall commence upon the delivery of the transcript to the
respondent.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/115)
(Section scheduled to be repealed on January 1, 2014)
Sec. 115. Order of Secretary Director.
(a) The Director shall issue an order concerning the
disposition of the charges (i) following the expiration of the
filing period granted under Section 110 of this Act if no
motion for rehearing is filed or (ii) following a denial of a
timely motion for rehearing.
(b) The Secretary's Director's order shall be based on the
recommendations contained in the Department report unless,
after giving due consideration to the Department's report, the

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Secretary Director disagrees in any regard with the report of
the Department, in which case he or she may issue an order in
contravention of the report. The Director shall provide a
written report to the Department on any deviation from the
Department's report and shall specify with particularity the
reasons for his or her deviation in the final order. The
hearing officer's Department's report and Secretary's
Director's order are not admissible in evidence against the
person in a criminal prosecution brought for a violation of
this Act, but the hearing, report, and order are not a bar to a
criminal prosecution brought for the violation of this Act.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/120)
(Section scheduled to be repealed on January 1, 2014)
Sec. 120. Hearing officer. The Secretary Director shall
have the authority to appoint an attorney licensed to practice
law in this State to serve as the hearing officer in a hearing
authorized under Section 90 of this Act. The hearing officer
shall have full authority to conduct the hearing. The hearing
officer shall report his or her findings of fact, conclusions
of law, and recommendations to the Department. If the Secretary
Director disagrees in any regard with the report of the
Department, he or she may issue an order in contravention of
the report. The Secretary Director shall provide a written
explanation to the Department on a deviation from the

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Department's report and shall specify with particularity the
reasons for his or her deviation in the final order.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/125)
(Section scheduled to be repealed on January 1, 2014)
Sec. 125. Rehearing on order of Secretary Director.
Whenever the Secretary Director is not satisfied that
substantial justice has been achieved in the discipline of a
registrant, the Secretary Director may order a rehearing by the
same or another hearing officer.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/130)
(Section scheduled to be repealed on January 1, 2014)
Sec. 130. Order; prima facie proof. An order or a certified
copy of an order, over the seal of the Department and
purporting to be signed by the Secretary Director, shall be
prima facie proof that:
(1) the signature is the genuine signature of the
Secretary Director; and
(2) the Secretary Director is duly appointed and
qualified.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/135)

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(Section scheduled to be repealed on January 1, 2014)
Sec. 135. Restoration of registration from discipline. At
any time after the successful completion of a term of
indefinite probation, suspension, or revocation of a
registration, the Department may restore the registration to
active status unless, after an investigation and a hearing, the
Secretary determines that restoration is not in the public
interest. No person whose registration has been revoked as
authorized in this Act may apply for restoration of that
registration until such time as provided for in the Civil
Administrative Code of Illinois. suspension or revocation of a
certificate of registration, the Department may restore it to
the registrant unless, after an investigation and a hearing,
the Department determines that restoration is not in the public
interest. Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
registrant before restoring his or her certificate of
registration.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/145)
(Section scheduled to be repealed on January 1, 2014)
Sec. 145. Summary Temporary suspension. The Secretary
Director may summarily temporarily suspend the registration of
a surgical assistant or surgical technologist without a
hearing, simultaneously with the institution of proceedings

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for a hearing provided for in Section 85 of this Act, if the
Secretary Director finds that evidence in his or her possession
indicates that continuation in practice would constitute an
imminent danger to the public. If the Secretary Director
summarily temporarily suspends a registration license without
a hearing, a hearing by the Department shall be commenced held
within 30 days after the suspension has occurred and shall be
concluded as expeditiously as possible without appreciable
delay.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/150)
(Section scheduled to be repealed on January 1, 2014)
Sec. 150. Certificate of record. The Department shall not
be required to certify any record to a court or file an answer
in court or otherwise appear in a court in a judicial review
proceeding unless and until the Department has received from
the plaintiff 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, which costs
shall be determined by the Department. Exhibits shall be
certified without cost. Failure on the part of the plaintiff to
file a receipt in court shall be grounds for dismissal of the
action.
(Source: P.A. 93-280, eff. 7-1-04.)

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(225 ILCS 130/165)
(Section scheduled to be repealed on January 1, 2014)
Sec. 165. Civil penalties.
(a) In addition to any other penalty provided by law, a
person who violates Section 35 of this Act shall pay a civil
penalty to the Department in an amount not to exceed $10,000
$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 a hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any and all unregistered activity.
(c) The civil penalty assessed under this Act 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 on the judgment in the same
manner as a judgment from a court of record.
(Source: P.A. 93-280, eff. 7-1-04.)
Section 99. Effective date. This Act takes effect December
31, 2013.