Bill Text: IL HB3450 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends the Regulatory Sunset Act by extending the repeal date of the Home Medical Equipment and Service Provider License Act from January 1, 2018 to January 1, 2028. Amends the Home Medical Equipment and Services Provider License Act. Makes changes in provisions concerning powers and duties of the Department of Financial and Professional Regulation, the Home Medical Equipment and Services Board, applications for original licensure, discipline of license, investigations, notices and hearings, findings and recommendations by the Board, hearing officers, and the application of the Administrative Review law. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-05-25 - Placed on Calendar Order of Concurrence Senate Amendment(s) 1 [HB3450 Detail]

Download: Illinois-2017-HB3450-Engrossed.html

HB3450 EngrossedLRB100 05735 SMS 15757 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
6 (5 ILCS 80/4.28)
7 Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9 The Illinois Petroleum Education and Marketing Act.
10 The Podiatric Medical Practice Act of 1987.
11 The Acupuncture Practice Act.
12 The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14 The Interpreter for the Deaf Licensure Act of 2007.
15 The Nurse Practice Act.
16 The Clinical Social Work and Social Work Practice Act.
17 The Pharmacy Practice Act.
18 The Home Medical Equipment and Services Provider License
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
23 The Physician Assistant Practice Act of 1987.

HB3450 Engrossed- 2 -LRB100 05735 SMS 15757 b
1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.38 new)
7 Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Home Medical Equipment and Services Provider License
11 Section 10. The Home Medical Equipment and Services
12Provider License Act is amended by changing Sections 10, 15,
1320, 25, 30, 75, 95, 100, 110, 115, 125, 135, 150, and 165 and by
14adding Sections 13 and 185 as follows:
15 (225 ILCS 51/10)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 10. Definitions. As used in this Act:
18 (1) "Department" means the Department of Financial and
19 Professional Regulation.
20 (2) "Secretary" means the Secretary of Financial and
21 Professional Regulation.
22 (3) "Board" means the Home Medical Equipment and
23 Services Board.

HB3450 Engrossed- 3 -LRB100 05735 SMS 15757 b
1 (4) "Home medical equipment and services provider" or
2 "provider" means a legal entity, as defined by State law,
3 engaged in the business of providing home medical equipment
4 and services, whether directly or through a contractual
5 arrangement, to an unrelated sick individual or an
6 unrelated individual with a disability where that
7 individual resides.
8 (5) "Home medical equipment and services" means the
9 delivery, installation, maintenance, replacement, or
10 instruction in the use of medical equipment used by a sick
11 individual or an individual with a disability to allow the
12 individual to be maintained in his or her residence.
13 (6) "Home medical equipment" means technologically
14 sophisticated medical devices, apparatuses, machines, or
15 other similar articles bearing a label that states
16 "Caution: federal law requires dispensing by or on the
17 order of a physician.", which are usable in a home care
18 setting, including but not limited to:
19 (A) oxygen and oxygen delivery systems;
20 (B) ventilators;
21 (C) respiratory disease management devices,
22 excluding compressor driven nebulizers;
23 (D) wheelchair seating systems;
24 (E) apnea monitors;
25 (F) transcutaneous electrical nerve stimulator
26 (TENS) units;

HB3450 Engrossed- 4 -LRB100 05735 SMS 15757 b
1 (G) low air-loss cutaneous pressure management
2 devices;
3 (H) sequential compression devices;
4 (I) neonatal home phototherapy devices;
5 (J) enteral feeding pumps; and
6 (K) other similar equipment as defined by the
7 Board.
8 "Home medical equipment" also includes hospital beds
9 and electronic and computer-driven wheelchairs, excluding
10 scooters.
11 (7) "Address of record" means the designated address
12 recorded by the Department in the applicant's or licensee's
13 application file or license file maintained by the
14 Department's licensure maintenance unit. It is the duty of
15 the applicant or licensee to inform the Department of any
16 change of address, and such changes must be made either
17 through the Department's website or by contacting the
18 Department's licensure maintenance unit.
19 (8) "Email address of record" means the designated
20 email address recorded by the Department in the applicant's
21 application file or the licensee's license file, as
22 maintained by the Department's licensure maintenance unit.
23(Source: P.A. 99-143, eff. 7-27-15.)
24 (225 ILCS 51/13 new)
25 Sec. 13. Address of record; email address of record. All

HB3450 Engrossed- 5 -LRB100 05735 SMS 15757 b
1applicants and licensees shall:
2 (1) provide a valid address and email address to the
3 Department, which shall serve as the address of record and
4 email address of record, respectively, at the time of
5 application for licensure or renewal of a license; and
6 (2) inform the Department of any change of address of
7 record or email address of record within 14 days after such
8 change either through the Department's website or by
9 contacting the Department's licensure maintenance unit.
10 (225 ILCS 51/15)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 15. Licensure requirement; exempt activities.
13 (a) No entity shall provide or hold itself out as providing
14home medical equipment and services, or use the title "home
15medical equipment and services provider" in connection with his
16or her profession or business, without a license issued by the
17Department under this Act.
18 (b) Nothing in this Act shall be construed as preventing or
19restricting the practices, services, or activities of the
20following, unless those practices, services, or activities
21include providing home medical equipment and services through a
22separate legal entity:
23 (1) a person licensed or registered in this State by
24 any other law engaging in the profession or occupation for
25 which he or she is licensed or registered;

HB3450 Engrossed- 6 -LRB100 05735 SMS 15757 b
1 (2) a home medical services provider entity that is
2 accredited under home care standards by a recognized
3 accrediting body;
4 (3) home health agencies that do not have a Part B
5 Medicare supplier number or that do not engage in the
6 provision of home medical equipment and services;
7 (4) hospitals, excluding hospital-owned and
8 hospital-related providers of home medical equipment and
9 services;
10 (5) manufacturers and wholesale distributors of home
11 medical equipment who do not sell directly to a patient;
12 (6) health care practitioners who lawfully prescribe
13 or order home medical equipment and services, or who use
14 home medical equipment and services to treat their
15 patients, including but not limited to physicians, nurses,
16 physical therapists, respiratory therapists, occupational
17 therapists, speech-language pathologists, optometrists,
18 chiropractors, and podiatric physicians;
19 (7) pharmacists, pharmacies, and home infusion
20 pharmacies that are not engaged in the sale or rental of
21 home medical equipment and services;
22 (8) hospice programs that do not involve the sale or
23 rental of home medical equipment and services;
24 (9) nursing homes;
25 (10) veterinarians;
26 (11) dentists; and

HB3450 Engrossed- 7 -LRB100 05735 SMS 15757 b
1 (12) emergency medical service providers.
2(Source: P.A. 98-214, eff. 8-9-13.)
3 (225 ILCS 51/20)
4 (Section scheduled to be repealed on January 1, 2018)
5 Sec. 20. Powers and duties of the Department.
6 (a) The Department shall exercise the powers and duties
7prescribed by the Civil Administrative Code of Illinois for the
8administration of licensure Acts and shall exercise other
9powers and duties necessary for effectuating the purposes of
10this Act.
11 (b) The Department may adopt rules to administer and
12enforce this Act, including but not limited to fees for
13original licensure and renewal and restoration of licenses, and
14may prescribe forms to be issued to implement this Act. At a
15minimum, the rules adopted by the Department shall include
16standards and criteria for licensure and for professional
17conduct and discipline. The Department may shall consult with
18the Board in adopting rules. Notice of proposed rulemaking
19shall be transmitted to the Board, and the Department shall
20review the Board's response and any recommendations made in the
21response. The Department shall notify the Board in writing with
22proper explanation of deviations from the Board's
23recommendations and response.
24 (c) The Department may at any time seek the advice and
25expert knowledge of the Board on any matter relating to the

HB3450 Engrossed- 8 -LRB100 05735 SMS 15757 b
1administration of this Act.
2 (d) (Blank).
3(Source: P.A. 95-703, eff. 12-31-07.)
4 (225 ILCS 51/25)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 25. Home Medical Equipment and Services Board. The
7Secretary shall appoint a Home Medical Equipment and Services
8Board, in consultation with a state association representing
9the home medical equipment and services industry, to serve in
10an advisory capacity to the Secretary. The Board shall consist
11of 7 members. Four members shall be home medical equipment and
12services provider representatives, at least one of whom shall
13be a pharmacy-based provider. The 3 remaining members shall
14include one home care clinical specialist, one respiratory care
15practitioner, and one public member. The public member shall
16not be engaged in any way, directly or indirectly, as a
17provider of health care.
18 Members shall serve 4-year 4 year terms and until their
19successors are appointed and qualified. No member shall be
20reappointed to the Board for a term that would cause continuous
21service on the Board to exceed 8 years. Appointments to fill
22vacancies shall be made in the same manner as original
23appointments, for the unexpired portion of the vacated term.
24 The home medical equipment and services provider
25representatives appointed to the Board shall have engaged in

HB3450 Engrossed- 9 -LRB100 05735 SMS 15757 b
1the provision of home medical equipment and services or related
2home care services for at least 3 years prior to their
3appointment, shall be currently engaged in providing home
4medical equipment and services in the State of Illinois, and
5must have no record of convictions related to fraud or abuse
6under either State or federal law.
7 The membership of the Board should reasonably reflect
8representation from the geographic areas in this State.
9 The Board shall annually elect one of its members as
10chairperson and vice chairperson.
11 Each Board member shall be paid his or her necessary
12expenses while engaged in the performance of his or her duties.
13Members of the Board shall receive as compensation a reasonable
14sum as determined by the Secretary for each day actually
15engaged in the duties of the office, and shall be reimbursed
16for authorized expenses incurred in performing the duties of
17the office.
18 The Secretary may terminate the appointment of any member
19for cause which in the opinion of the Secretary reasonably
20justifies the termination. The Secretary shall be the sole
21arbiter of whether the cause reasonably justifies termination.
22 Members of the Board shall be immune from suit in an action
23based upon any disciplinary proceedings or other activities
24performed in good faith as members of the Board.
25 A majority of Board members currently appointed shall
26constitute a quorum. A vacancy in the membership of the Board

HB3450 Engrossed- 10 -LRB100 05735 SMS 15757 b
1shall not impair the rights of a quorum to exercise the rights
2and perform all of the duties of the Board.
3(Source: P.A. 95-703, eff. 12-31-07.)
4 (225 ILCS 51/30)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 30. Application for original licensure. Applications
7for original licensure shall be made to the Department in
8writing or electronically and signed by the applicant on forms
9prescribed by the Department or by electronic form and shall be
10accompanied by a nonrefundable fee set by rule of the
11Department. The Department may require from an applicant
12information that, in its judgment, will enable the Department
13to pass on the qualifications of the applicant for licensure.
14 An applicant has 3 years from the date of application to
15complete the application process. If the process has not been
16completed in 3 years, the application shall be denied, the fee
17shall be forfeited, and the applicant must reapply and meet the
18requirements in effect at the time of reapplication.
19(Source: P.A. 90-532, eff. 11-14-97.)
20 (225 ILCS 51/75)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 75. Refused issuance, suspension, or revocation, or
23other discipline of license.
24 (a) The Department may refuse to issue, renew, or restore a

HB3450 Engrossed- 11 -LRB100 05735 SMS 15757 b
1license, or may revoke, suspend, place on probation, reprimand,
2impose a fine not to exceed $10,000 for each violation, or take
3other disciplinary or non-disciplinary action as the
4Department may deem proper with regard to a licensee for any
5one or combination of the following reasons:
6 (1) Making a material misstatement in furnishing
7 information to the Department.
8 (2) Violation of this Act or its rules.
9 (3) Conviction of the licensee or any owner or officer
10 of the licensee by plea of guilty or nolo contendere,
11 finding of guilt, jury verdict, or entry of judgment or by
12 sentencing for any crime, including, but not limited to,
13 convictions, preceding sentences of supervision,
14 conditional discharge, or first offender probation, under
15 the laws of any jurisdiction of the United States that (i)
16 is a felony under the laws of this State or (ii) is a
17 misdemeanor, an essential element of which is dishonesty,
18 or that is directly related to the home medical and
19 equipment services. Conviction of or entry of a plea of
20 guilty or nolo contendere to any crime that is a felony
21 under the laws of the United States or any state or
22 territory thereof or a misdemeanor, an essential element of
23 which is dishonesty or that is directly related to the
24 practice of the profession.
25 (4) Making a misrepresentation to obtain licensure or
26 to violate a provision of this Act.

HB3450 Engrossed- 12 -LRB100 05735 SMS 15757 b
1 (5) Gross negligence in practice under this Act.
2 (6) Engaging in a pattern of practice or other behavior
3 that demonstrates incapacity or incompetence to practice
4 under this Act.
5 (7) Aiding, assisting, or willingly permitting another
6 person in violating any provision of this Act or its rules.
7 (8) Failing, within 30 days, to provide information in
8 response to a written request made by the Department.
9 (9) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public.
12 (10) Adverse action taken Discipline by another state,
13 District of Columbia, territory, or foreign nation, if at
14 least one of the grounds for the discipline is the same or
15 substantially equivalent to one set forth in this Act.
16 (11) Directly or indirectly giving to or receiving from
17 any person, firm, corporation, partnership, or association
18 any fee, commission, rebate, or other form of compensation
19 for any services not actually or personally rendered.
20 (12) A finding that the licensee, after having its
21 license placed on probationary status, has violated the
22 terms of probation.
23 (13) Willfully making or filing false records or
24 reports in the course of providing home medical equipment
25 and services, including but not limited to false records or
26 reports filed with State agencies or departments.

HB3450 Engrossed- 13 -LRB100 05735 SMS 15757 b
1 (14) Solicitation of business services, other than
2 according to permitted advertising.
3 (15) The use of any words, abbreviations, figures, or
4 letters with the intention of indicating practice as a home
5 medical equipment and services provider without a license
6 issued under this Act.
7 (16) Failure to file a return, or to pay the tax,
8 penalty, or interest shown in a filed return, or to pay any
9 final assessment of tax, penalty, or interest, as required
10 by any tax Act administered by the Department of Revenue,
11 until such time as the requirements of any such tax Act are
12 satisfied.
13 (17) Failure to comply with federal or State laws and
14 regulations concerning home medical equipment and services
15 providers.
16 (18) Solicitation of professional services using false
17 or misleading advertising.
18 (19) Failure to display a license in accordance with
19 Section 45.
20 (20) Habitual or excessive use or addiction to alcohol,
21 narcotics, stimulants, or any other chemical agent or drug
22 that results in the inability to practice with reasonable
23 judgment, skill, or safety by an owner or officer of the
24 licensee.
25 (21) Physical illness, mental illness, or disability,
26 including without limitation deterioration through the

HB3450 Engrossed- 14 -LRB100 05735 SMS 15757 b
1 aging process and loss of motor skill, that results in the
2 inability to practice the profession with reasonable
3 judgment, skill, or safety by an owner or officer of the
4 licensee.
5 All fines imposed under this Section shall be paid within
660 days after the effective date of the order imposing the fine
7or in accordance with the terms set forth in the order imposing
8the fine.
9(Source: P.A. 95-703, eff. 12-31-07.)
10 (225 ILCS 51/95)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 95. Investigations; notice and hearing.
13 (a) The Department may investigate the actions of an
14applicant or of an entity holding or claiming to hold a
16 (b) The Department shall, before refusing to issue or renew
17a license or disciplining a licensee, at least 30 days prior to
18the date set for the hearing, notify in writing the applicant
19or licensee of the nature of the charges and that a hearing
20will be held on the date designated. The Department shall
21direct the applicant or licensee to file a written answer to
22the Board under oath within 20 days after the service of the
23notice and inform the applicant or licensee that failure to
24file an answer will result in default being taken against the
25applicant or licensee and that the license may be suspended,

HB3450 Engrossed- 15 -LRB100 05735 SMS 15757 b
1revoked, placed on probationary status, or other disciplinary
2action may be taken, including limiting the scope, nature, or
3extent of business, as the Secretary may deem proper. Written
4notice may be served by personal delivery, or certified or
5registered mail to the applicant or licensee at his or her
6address of record, or email to the applicant or licensee's
7email address of record. If the entity fails to file an answer
8after receiving notice, the entity's license may, in the
9discretion of the Department, be suspended, revoked, or placed
10on probationary status, or the Department may take whatever
11disciplinary or non-disciplinary action it deems proper,
12including limiting the scope, nature, or extent of the entity's
13business, or imposing a fine, without a hearing, if the act or
14acts charged constitute sufficient grounds for such action
15under this Act. At the time and place fixed in the notice, the
16Board shall proceed to hear the charges, and the parties or
17their counsel shall be accorded ample opportunity to present
18such statements, testimony, evidence, and argument as may be
19pertinent to the charges or to their defense. The Board may
20continue a hearing from time to time.
21 (c) An individual or organization acting in good faith, and
22not in a willful and wanton manner, by participating in
23proceedings of the Board, or by serving as a member of the
24Board, shall not, as a result of such actions, be subject to
25criminal prosecution or civil damages.
26 (d) Members of the Board shall be indemnified by the State

HB3450 Engrossed- 16 -LRB100 05735 SMS 15757 b
1for any actions occurring within the scope of services on the
2Board, done in good faith and not willful and wanton in nature.
3The Attorney General shall defend all such actions unless he or
4she determines either that there would be a conflict of
5interest in such representation or that the actions complained
6of were not in good faith or were willful and wanton.
7 If the Attorney General declines representation, the
8member has the right to employ counsel of his or her choice,
9whose fees shall be provided by the State, after approval by
10the Attorney General, unless there is a determination by a
11court that the member's actions were not in good faith or were
12willful and wanton.
13 The member must notify the Attorney General within 7 days
14after receipt of notice of the initiation of any action
15involving services of the Board. Failure to so notify the
16Attorney General shall constitute an absolute waiver of the
17right to a defense and indemnification.
18 The Attorney General shall determine, within 7 days after
19receiving such notice, whether he or she will undertake to
20represent the member.
21(Source: P.A. 95-703, eff. 12-31-07.)
22 (225 ILCS 51/100)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 100. Shorthand reporter Stenographer; transcript. The
25Department, at its expense, shall provide a shorthand reporter

HB3450 Engrossed- 17 -LRB100 05735 SMS 15757 b
1to take down the testimony and preserve a record of all
2proceedings at the formal hearing of any case involving the
3refusal to issue or renew a license or the discipline of a
4licensee. The notice of hearing, complaint, and all other
5documents in the nature of pleadings, written motions filed in
6the proceedings, the transcript of testimony, the report of the
7Board, and the order of the Department shall be the record of
8the proceeding.
9(Source: P.A. 90-532, eff. 11-14-97.)
10 (225 ILCS 51/110)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 110. Findings and recommendations. At the conclusion
13of the hearing the Board shall present to the Secretary a
14written report of its findings and recommendations. The report
15shall contain a finding of whether or not the accused entity
16violated this Act or failed to comply with the conditions
17required in this Act. The Board shall specify the nature of the
18violation or failure to comply, and shall make its
19recommendations to the Secretary.
20 The report of findings of fact, conclusions of law, and
21recommendation of the Board shall be the basis for the
22Department's order for refusing to issue, restore, or renew a
23license, or otherwise disciplining a licensee, or for the
24granting of a license. If the Secretary disagrees with the
25report, findings of fact, conclusions of law, and

HB3450 Engrossed- 18 -LRB100 05735 SMS 15757 b
1recommendations of the Board, the Secretary may issue an order
2in contravention of the Board's recommendations. The report of
3findings and recommendations of the Board may be the basis for
4the Department's order of refusal or for the granting of
5licensure unless the Secretary shall determine that the Board's
6report is contrary to the manifest weight of the evidence, in
7which case the Secretary may issue an order in contravention of
8the Board's report. The finding is not admissible in evidence
9against the entity in a criminal prosecution brought for the
10violation of this Act, but the hearing and finding are not a
11bar to a criminal prosecution brought for the violation of this
13(Source: P.A. 95-703, eff. 12-31-07.)
14 (225 ILCS 51/115)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 115. Rehearing on motion. In a case involving the
17refusal to issue or renew a license or the discipline of a
18licensee, a copy of the Board's report shall be served upon the
19respondent by the Department, either personally or as provided
20in this Act for the service of the notice of hearing. Within 20
21days after such service, the respondent may present to the
22Department a motion in writing for a rehearing, which shall
23specify the particular grounds for the rehearing. If no motion
24for rehearing is filed, then upon the expiration of the time
25specified for filing the motion, or if a motion for rehearing

HB3450 Engrossed- 19 -LRB100 05735 SMS 15757 b
1is denied, then upon such denial the Secretary may enter an
2order in accordance with recommendations of the Board except as
3provided in Sections 110 and Section 120 of this Act.
4(Source: P.A. 95-703, eff. 12-31-07.)
5 (225 ILCS 51/125)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 125. Hearing officer. The Secretary has the authority
8to appoint an attorney duly licensed to practice law in the
9State of Illinois to serve as the hearing officer in an action
10for refusal to issue or renew a license, or for the discipline
11of a licensee. The Secretary shall notify the Board of an
12appointment. The hearing officer shall have full authority to
13conduct the hearing. The hearing officer shall report his or
14her findings and recommendations to the Board and the
15Secretary. The Board shall have 60 days from receipt of the
16report to review the report of the hearing officer and present
17its findings of fact, conclusions of law and recommendation to
18the Secretary. If the Board fails to present its report within
19the 60-day 60 day period, the respondent may request in writing
20a direct appeal to the Secretary, in which case the Secretary
21may shall, within 7 calendar days after the request, issue an
22order directing the Board to issue its findings of fact,
23conclusions of law, and recommendations to the Secretary within
2430 calendar days after such order. If the Board fails to issue
25its findings of fact, conclusions of law, and recommendations

HB3450 Engrossed- 20 -LRB100 05735 SMS 15757 b
1within that time frame to the Secretary after the entry of such
2order, the Secretary shall, within 30 calendar days thereafter,
3issue an order based upon the report of the hearing officer and
4the record of the proceedings or issue an order remanding the
5matter back to the hearing officer for additional proceedings
6in accordance with the order. If (i) a direct appeal is
7requested, (ii) the Board fails to issue its findings of fact,
8conclusions of law, and recommendations within the 30-day
9mandate from the Secretary or the Secretary fails to order the
10Board to do so, and (iii) the Secretary fails to issue an order
11within 30 calendar days thereafter, then the hearing officer's
12report is deemed accepted and a final decision of the
13Secretary. Notwithstanding any other provision of this
14Section, if the Secretary, upon review, determines that
15substantial justice has not been done in the revocation,
16suspension, or refusal to issue or renew a license or other
17disciplinary action taken as the result of the entry of the
18hearing officer's or Board's report, the Secretary may order a
19rehearing by the same or other examiners. If the Secretary
20disagrees in any regard with the report of the Board, the
21Secretary may issue an order in contravention thereof. If the
22Secretary determines that the Board's report is contrary to the
23manifest weight of the evidence, he or she may issue an order
24in contravention of the Board's report.
25(Source: P.A. 95-703, eff. 12-31-07.)

HB3450 Engrossed- 21 -LRB100 05735 SMS 15757 b
1 (225 ILCS 51/135)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 135. Restoration of license. At any time after the
4successful completion of a term of probation, suspension, or
5revocation of a license, the Department may restore the license
6to the accused entity upon the written recommendation of the
7Board unless, after an investigation and a hearing, the Board
8determines that restoration is not in the public interest.
9Restoration under this Section requires the filing of all
10applications and payment of all fees required by the
12(Source: P.A. 95-703, eff. 12-31-07.)
13 (225 ILCS 51/150)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 150. Administrative Review Law. All final
16administrative decisions of the Department are subject to
17judicial review pursuant to the provisions of the
18Administrative Review Law, as now or hereafter amended, and all
19rules adopted pursuant to that Law. The term "administrative
20decision" is defined as in Section 3-101 of the Code of Civil
22 Proceedings for judicial review shall be commenced in the
23circuit court of the county in which the party applying for
24relief resides, but if the party is not a resident of this
25State, the venue shall be in Sangamon County.

HB3450 Engrossed- 22 -LRB100 05735 SMS 15757 b
1 The Department shall not be required to certify any record
2to the court or file any answer in court or otherwise appear in
3any court in a judicial review proceeding, unless and until the
4Department has received from the plaintiff payment of the costs
5of furnishing and certifying the record, which costs shall be
6determined by the Department. Exhibits shall be certified
7without cost. Failure on the part of the plaintiff to file a
8receipt in court shall be grounds for dismissal of the action.
9During the pendency and hearing of any and all judicial
10proceedings incident to a disciplinary action, any sanctions
11imposed upon the respondent by the Department because of acts
12or omissions related to the delivery of direct patient care as
13specified in the Department's final administrative decision
14shall, as a matter of public policy, remain in full force and
15effect in order to protect the public pending final resolution
16of any of the proceedings.
17(Source: P.A. 90-532, eff. 11-14-97.)
18 (225 ILCS 51/165)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 165. Illinois Administrative Procedure Act. The
21Illinois Administrative Procedure Act is hereby expressly
22adopted and incorporated in this Act as if all of the
23provisions of that Act were included in this Act, except that
24the provision of subsection (d) of Section 10-65 of the
25Illinois Administrative Procedure Act, which provides that at

HB3450 Engrossed- 23 -LRB100 05735 SMS 15757 b
1hearings the license holder has the right to show compliance
2with all lawful requirements for retention, continuation, or
3renewal of a license, is specifically excluded. For the
4purposes of this Act, the notice required under Section 10-25
5of the Illinois Administrative Procedure Act is deemed
6sufficient when served personally upon, mailed to the last
7known address of record of, or emailed to the email address of
8record of a party.
9(Source: P.A. 90-532, eff. 11-14-97.)
10 (225 ILCS 51/185 new)
11 Sec. 185. Confidentiality. All information collected by
12the Department in the course of an examination or investigation
13of a licensee or applicant, including, but not limited to, any
14complaint against a licensee filed with the Department and
15information collected to investigate any such complaint, shall
16be maintained for the confidential use of the Department and
17shall not be disclosed. The Department may not disclose the
18information to anyone other than law enforcement officials,
19other regulatory agencies that have an appropriate regulatory
20interest as determined by the Secretary, or to a party
21presenting a lawful subpoena to the Department. Information and
22documents disclosed to a federal, State, county, or local law
23enforcement agency shall not be disclosed by the agency for any
24purpose to any other agency or person. A formal complaint filed
25against a licensee by the Department or any order issued by the

HB3450 Engrossed- 24 -LRB100 05735 SMS 15757 b
1Department against a licensee or applicant shall be a public
2record, except as otherwise prohibited by law.
3 Section 99. Effective date. This Act takes effect upon
4becoming law.

HB3450 Engrossed- 25 -LRB100 05735 SMS 15757 b
2 Statutes amended in order of appearance