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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Regulatory Sunset Act is amended by changing
5		Section 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 Acts repealed on January 1, 2018.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
8		Acts are repealed on January 1, 2018: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
13		Practice 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
19		Act.
20		The Marriage and Family Therapy Licensing Act.
21		The Nursing Home Administrators Licensing and Disciplinary
22		Act.
23		The Physician Assistant Practice Act of 1987.

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1		(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
2		95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
3		9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4		eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
5		96-328, eff. 8-11-09.)
6		(5 ILCS 80/4.38 new)
7		Sec. 4.38. Act repealed on January 1, 2028. The following
8		Act is repealed on January 1, 2028:
9		The Home Medical Equipment and Services Provider License
10		Act.
11		Section 10. The Home Medical Equipment and Services
12		Provider License Act is amended by changing Sections 10, 15,
13		20, 25, 30, 75, 95, 100, 110, 115, 125, 135, 150, and 165 and by
14		adding 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16		(Section scheduled to be repealed on January 1, 2018)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.

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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;

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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

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1		applicants 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
14		home medical equipment and services, or use the title "home
15		medical equipment and services provider" in connection with his
16		or her profession or business, without a license issued by the
17		Department under this Act.
18		(b) Nothing in this Act shall be construed as preventing or
19		restricting the practices, services, or activities of the
20		following, unless those practices, services, or activities
21		include providing home medical equipment and services through a
22		separate 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;

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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

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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
7		prescribed by the Civil Administrative Code of Illinois for the
8		administration of licensure Acts and shall exercise other
9		powers and duties necessary for effectuating the purposes of
10		this Act.
11		(b) The Department may adopt rules to administer and
12		enforce this Act, including but not limited to fees for
13		original licensure and renewal and restoration of licenses, and
14		may prescribe forms to be issued to implement this Act. At a
15		minimum, the rules adopted by the Department shall include
16		standards and criteria for licensure and for professional
17		conduct and discipline. The Department may shall consult with
18		the Board in adopting rules. Notice of proposed rulemaking
19		shall be transmitted to the Board, and the Department shall
20		review the Board's response and any recommendations made in the
21		response. The Department shall notify the Board in writing with
22		proper explanation of deviations from the Board's
23		recommendations and response.
24		(c) The Department may at any time seek the advice and
25		expert knowledge of the Board on any matter relating to the

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1		administration 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
7		Secretary shall appoint a Home Medical Equipment and Services
8		Board, in consultation with a state association representing
9		the home medical equipment and services industry, to serve in
10		an advisory capacity to the Secretary. The Board shall consist
11		of 7 members. Four members shall be home medical equipment and
12		services provider representatives, at least one of whom shall
13		be a pharmacy-based provider. The 3 remaining members shall
14		include one home care clinical specialist, one respiratory care
15		practitioner, and one public member. The public member shall
16		not be engaged in any way, directly or indirectly, as a
17		provider of health care.
18		Members shall serve 4-year 4 year terms and until their
19		successors are appointed and qualified. No member shall be
20		reappointed to the Board for a term that would cause continuous
21		service on the Board to exceed 8 years. Appointments to fill
22		vacancies shall be made in the same manner as original
23		appointments, for the unexpired portion of the vacated term.
24		The home medical equipment and services provider
25		representatives appointed to the Board shall have engaged in

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

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1		shall not impair the rights of a quorum to exercise the rights
2		and 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
7		for original licensure shall be made to the Department in
8		writing or electronically and signed by the applicant on forms
9		prescribed by the Department or by electronic form and shall be
10		accompanied by a nonrefundable fee set by rule of the
11		Department. The Department may require from an applicant
12		information that, in its judgment, will enable the Department
13		to pass on the qualifications of the applicant for licensure.
14		An applicant has 3 years from the date of application to
15		complete the application process. If the process has not been
16		completed in 3 years, the application shall be denied, the fee
17		shall be forfeited, and the applicant must reapply and meet the
18		requirements 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
23		other discipline of license.
24		(a) The Department may refuse to issue, renew, or restore a

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1		license, or may revoke, suspend, place on probation, reprimand,
2		impose a fine not to exceed $10,000 for each violation, or take
3		other disciplinary or non-disciplinary action as the
4		Department may deem proper with regard to a licensee for any
5		one 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.

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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.

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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

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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
6		60 days after the effective date of the order imposing the fine
7		or in accordance with the terms set forth in the order imposing
8		the 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
14		applicant or of an entity holding or claiming to hold a
15		license.
16		(b) The Department shall, before refusing to issue or renew
17		a license or disciplining a licensee, at least 30 days prior to
18		the date set for the hearing, notify in writing the applicant
19		or licensee of the nature of the charges and that a hearing
20		will be held on the date designated. The Department shall
21		direct the applicant or licensee to file a written answer to
22		the Board under oath within 20 days after the service of the
23		notice and inform the applicant or licensee that failure to
24		file an answer will result in default being taken against the
25		applicant or licensee and that the license may be suspended,

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

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1		for any actions occurring within the scope of services on the
2		Board, done in good faith and not willful and wanton in nature.
3		The Attorney General shall defend all such actions unless he or
4		she determines either that there would be a conflict of
5		interest in such representation or that the actions complained
6		of were not in good faith or were willful and wanton.
7		If the Attorney General declines representation, the
8		member has the right to employ counsel of his or her choice,
9		whose fees shall be provided by the State, after approval by
10		the Attorney General, unless there is a determination by a
11		court that the member's actions were not in good faith or were
12		willful and wanton.
13		The member must notify the Attorney General within 7 days
14		after receipt of notice of the initiation of any action
15		involving services of the Board. Failure to so notify the
16		Attorney General shall constitute an absolute waiver of the
17		right to a defense and indemnification.
18		The Attorney General shall determine, within 7 days after
19		receiving such notice, whether he or she will undertake to
20		represent 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
25		Department, at its expense, shall provide a shorthand reporter

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1		to take down the testimony and preserve a record of all
2		proceedings at the formal hearing of any case involving the
3		refusal to issue or renew a license or the discipline of a
4		licensee. The notice of hearing, complaint, and all other
5		documents in the nature of pleadings, written motions filed in
6		the proceedings, the transcript of testimony, the report of the
7		Board, and the order of the Department shall be the record of
8		the 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
13		of the hearing the Board shall present to the Secretary a
14		written report of its findings and recommendations. The report
15		shall contain a finding of whether or not the accused entity
16		violated this Act or failed to comply with the conditions
17		required in this Act. The Board shall specify the nature of the
18		violation or failure to comply, and shall make its
19		recommendations to the Secretary.
20		The report of findings of fact, conclusions of law, and
21		recommendation of the Board shall be the basis for the
22		Department's order for refusing to issue, restore, or renew a
23		license, or otherwise disciplining a licensee, or for the
24		granting of a license. If the Secretary disagrees with the
25		report, findings of fact, conclusions of law, and

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1		recommendations of the Board, the Secretary may issue an order
2		in contravention of the Board's recommendations. The report of
3		findings and recommendations of the Board may be the basis for
4		the Department's order of refusal or for the granting of
5		licensure unless the Secretary shall determine that the Board's
6		report is contrary to the manifest weight of the evidence, in
7		which case the Secretary may issue an order in contravention of
8		the Board's report. The finding is not admissible in evidence
9		against the entity in a criminal prosecution brought for the
10		violation of this Act, but the hearing and finding are not a
11		bar to a criminal prosecution brought for the violation of this
12		Act.
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
17		refusal to issue or renew a license or the discipline of a
18		licensee, a copy of the Board's report shall be served upon the
19		respondent by the Department, either personally or as provided
20		in this Act for the service of the notice of hearing. Within 20
21		days after such service, the respondent may present to the
22		Department a motion in writing for a rehearing, which shall
23		specify the particular grounds for the rehearing. If no motion
24		for rehearing is filed, then upon the expiration of the time
25		specified for filing the motion, or if a motion for rehearing

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1		is denied, then upon such denial the Secretary may enter an
2		order in accordance with recommendations of the Board except as
3		provided 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
8		to appoint an attorney duly licensed to practice law in the
9		State of Illinois to serve as the hearing officer in an action
10		for refusal to issue or renew a license, or for the discipline
11		of a licensee. The Secretary shall notify the Board of an
12		appointment. The hearing officer shall have full authority to
13		conduct the hearing. The hearing officer shall report his or
14		her findings and recommendations to the Board and the
15		Secretary. The Board shall have 60 days from receipt of the
16		report to review the report of the hearing officer and present
17		its findings of fact, conclusions of law and recommendation to
18		the Secretary. If the Board fails to present its report within
19		the 60-day 60 day period, the respondent may request in writing
20		a direct appeal to the Secretary, in which case the Secretary
21		may shall, within 7 calendar days after the request, issue an
22		order directing the Board to issue its findings of fact,
23		conclusions of law, and recommendations to the Secretary within
24		30 calendar days after such order. If the Board fails to issue
25		its findings of fact, conclusions of law, and recommendations

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

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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
4		successful completion of a term of probation, suspension, or
5		revocation of a license, the Department may restore the license
6		to the accused entity upon the written recommendation of the
7		Board unless, after an investigation and a hearing, the Board
8		determines that restoration is not in the public interest.
9		Restoration under this Section requires the filing of all
10		applications and payment of all fees required by the
11		Department.
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
16		administrative decisions of the Department are subject to
17		judicial review pursuant to the provisions of the
18		Administrative Review Law, as now or hereafter amended, and all
19		rules adopted pursuant to that Law. The term "administrative
20		decision" is defined as in Section 3-101 of the Code of Civil
21		Procedure.
22		Proceedings for judicial review shall be commenced in the
23		circuit court of the county in which the party applying for
24		relief resides, but if the party is not a resident of this
25		State, the venue shall be in Sangamon County.

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

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

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1		Department against a licensee or applicant shall be a public
2		record, except as otherwise prohibited by law.
3		Section 99. Effective date. This Act takes effect upon
4		becoming law.
HB3450 Engrossed - 25 - LRB100 05735 SMS 15757 b 1 INDEX 2 Statutes amended in order of appearance