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| Public Act 101-0311
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| SB0656 Enrolled | LRB101 04417 JRG 49425 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.30 and by adding Section 4.40 as follows:
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(5 ILCS 80/4.30) |
Sec. 4.30. Acts repealed on January 1, 2020. The following |
Acts are repealed on January 1, 2020: |
The Auction License Act. |
The Community Association Manager Licensing and |
Disciplinary Act. |
The Illinois Architecture Practice Act of 1989. |
The Illinois Landscape Architecture Act of 1989. |
The Illinois Professional Land Surveyor Act of 1989. |
The Orthotics, Prosthetics, and Pedorthics Practice Act. |
The Perfusionist Practice Act.
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The Pharmacy Practice Act. |
The Professional Engineering Practice Act of 1989. |
The Real Estate License Act of 2000. |
The Structural Engineering Practice Act of 1989. |
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; |
100-863, eff. 8-14-18.)
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(5 ILCS 80/4.40 new) |
Sec. 4.40. Act repealed on January 1, 2030. The following |
Act is repealed on January 1, 2030: |
The Perfusionist Practice Act.
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Section 10. The Perfusionist Practice Act is amended by |
changing Sections 10, 15, 25, 30, 60, 65, 70, 75, 80, 90, 105, |
115, 120, 125, 140, 150, 170, 185, 200, 210, and 220 and by |
adding Sections 11, 26, and 31 as follows:
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(225 ILCS 125/10)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 10. Definitions. As used in this Act:
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"Address of Record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file maintained by the Department. It is the |
duty of the applicant or licensee to inform the Department of |
any change of address, and such changes must be made either |
through the Department's website or by directly contacting the |
Department. |
"Board" means the Board of Licensing for Perfusionists.
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"Department" means the Department of Financial and |
Professional Regulation.
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"Email address of record" means the designated email |
address of record by the Department in the applicant's |
application file or the licensee's license file as maintained |
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by the Department's licensure maintenance unit. |
"Extracorporeal circulation" means the diversion of a |
patient's blood through
a
heart-lung
machine or a similar |
device that assumes the functions of the patient's heart,
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lungs, kidney,
liver, or other organs.
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"New graduate perfusionist" means a perfusionist |
practicing within a period
of one year since the date of |
graduation from a Commission on Accreditation of
Allied Health |
Education Programs accredited perfusion education program.
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"Perfusion" means the functions necessary for the support, |
treatment,
measurement, or
supplementation of the |
cardiovascular systems or
other organs, or a
combination of |
those functions, and to ensure the safe management of
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physiologic functions by
monitoring and analyzing the |
parameters of the systems under an order and under
the |
supervision
of a physician licensed to practice medicine in all |
its branches.
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"Perfusionist" means a person, qualified by academic and |
clinical education,
to operate the
extracorporeal circulation |
equipment during any medical situation where it is
necessary to
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support or replace a person's cardiopulmonary, circulatory, or |
respiratory
function.
A perfusionist
is responsible for the |
selection of appropriate equipment and techniques
necessary |
for support,
treatment, measurement, or supplementation of the |
cardiopulmonary and
circulatory system of a
patient, including |
the safe monitoring, analysis, and treatment of physiologic
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conditions under
an order and under the supervision of a |
physician licensed to practice medicine
in all its
branches and |
in coordination with a registered professional nurse.
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"Perfusion protocols" means perfusion related policies and |
protocols
developed
or approved by
a licensed health facility |
or a physician through collaboration with
administrators, |
licensed
perfusionists, and other health care professionals.
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"Physician" or "operating physician" means a person |
licensed to practice
medicine in all of
its branches under the |
Medical Practice Act of 1987.
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"Secretary" means the Secretary of the Department of |
Financial and Professional Regulation. |
(Source: P.A. 96-682, eff. 8-25-09.)
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(225 ILCS 125/11 new) |
Sec. 11. Address of record; email address of record. All |
applicants and licensees shall: |
(1) provide a valid address and email address to the |
Department, which shall serve as the address of record and |
email address of record, respectively, at the time of |
application for licensure or renewal of a license; and |
(2) inform the Department of any change of address of |
record or email address of record within 14 days after such |
change either through the Department's website or by |
contacting the Department's licensure maintenance unit.
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(225 ILCS 125/15)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 15. Functions, powers, Powers and duties of the |
Department. The Department shall, subject Subject to the |
provisions of this Act, exercise the following functions, |
powers, and duties the Department may:
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(1) Authorize examinations to ascertain the fitness |
and qualifications of applicants for licensure and pass (a) |
Pass upon the qualifications of applicants for licensure by |
endorsement.
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(2) Adopt rules required for the administration of this |
Act (b) Conduct hearings on proceedings to refuse to issue |
or renew a license, or to revoke or suspend a license, or |
to place on probation, reprimand, or take any other |
disciplinary or non-disciplinary action with regard to a |
person licensed under this Act.
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(3) (c) Formulate rules required for the |
administration of this Act. |
(4) Conduct hearings on proceedings to refuse to issue |
or renew licenses, or to revoke, suspend, place on |
probation, or reprimand persons licensed under this Act (d) |
Obtain written recommendations from the Board regarding |
(i) curriculum content, standards of professional conduct, |
formal disciplinary actions, and the formulation of rules, |
and (ii) when petitioned by the applicant, opinions |
regarding the qualifications of applicants for licensing. |
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(5) Issue licenses to those who meet the requirements |
of this Act (e) Maintain rosters of the names and address |
of all licensees, and all persons whose licenses have been |
suspended, revoked, or denied renewal for cause or |
otherwise disciplined within the previous calendar year. |
These rosters shall be available upon written request and |
payment of the required fee as established by rule. |
(6) Conduct investigations related to possible |
violations of this Act. |
(Source: P.A. 96-682, eff. 8-25-09.)
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(225 ILCS 125/25)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 25. Board of Licensing for Perfusionists. |
(a) The Secretary shall appoint a Board of Licensing for |
Perfusionists which
shall serve in
an advisory capacity to the |
Secretary. The Board shall consist be comprised of 5 members |
who shall serve in an advisory capacity to the Secretary |
persons appointed by the Secretary, who shall give due |
consideration to recommendations by members of the profession |
of
perfusion and perfusion organizations within the State. All |
shall be residents of Illinois. (b) Two members must hold an |
active license
to engage in the practice of perfusion in this |
State. One , one member shall must be a
physician licensed |
under the Medical Practice Act of 1987 who is board
certified |
in and actively engaged in the practice of cardiothoracic |
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surgery. One ,
one member shall must be a licensed registered |
professional nurse certified by the
Association of |
periOperative Registered Operating Room Nurses. In addition to |
the 4 licensed members, there shall be , and one public member. |
The public member shall not hold a license must be a member of |
the
public who is not licensed under this Act or a similar Act |
of this State another
jurisdiction and who shall have has no |
connection with the profession of perfusion.
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(b) (c) Members shall serve 4-year terms and until their |
successors are appointed and
qualified, except that, of the |
initial appointments, 2 members shall be
appointed to serve for |
2 years, 2 members shall be appointed to serve for 3
years, and |
1
member shall be appointed to serve for 4 years, and until |
their successors are
appointed and qualified. |
(c) In appointing members to the Board, the Secretary shall |
give due consideration to recommendations made by members and |
organizations of the perfusionist profession. |
(d) The membership of the Board should reasonably reflect |
representation from the geographic areas in this State. |
(e) No member shall be reappointed to the Board for a
term |
that would cause his or her continuous service on the Board to |
be longer
than 8 consecutive years. |
(f) (d) Appointments to fill vacancies shall be made in the
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same manner as original appointments for the unexpired portion |
of the vacated
term.
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(e) The Board shall annually elect a chairperson and a |
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vice-chairperson who shall
preside in the absence of the |
chairperson. |
(f) Insofar as possible, the licensed professionals |
appointed to serve on the Board shall be generally |
representative of the occupational and geographical |
distribution of licensed professionals within this State. |
(g) The Secretary
may remove or suspend any member for |
cause at any time before the expiration of his or her term. The |
Secretary shall be the sole arbiter of cause. |
(h) The Secretary
may give due consideration to all |
recommendations of the Board. |
(g) (i) Three Board members shall constitute a quorum. A |
quorum is required for all Board decisions. |
(h) The Secretary may terminate the appointment of any |
member for cause which in the opinion of the Secretary |
reasonably justified such termination which may include, but is |
not limited to, a Board member who does not attend 2 |
consecutive meetings. |
(i) Notice of proposed rulemaking shall be transmitted to |
the Board and the Department shall review the response of the |
Board and any recommendations made therein. |
(j) Members of the Board shall have no liability in any |
action based upon disciplinary proceedings or other activity |
performed in good faith as members of the Board. |
(k) Members of the Board shall be reimbursed for all |
legitimate, necessary, and authorized expenses. |
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(j) Except for willful or wanton misconduct, members of the |
Board shall be immune from liability
in any action based upon |
any disciplinary proceeding or other
activity performed in good |
faith as a member of the Board.
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(Source: P.A. 96-682, eff. 8-25-09.)
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(225 ILCS 125/26 new) |
Sec. 26. Powers and duties of the Board. Subject to the |
provisions of this Act, the Board shall exercise the following |
functions, powers, and duties: |
(1) The Board shall hold at least 2 regular meetings |
each year. |
(2) The Board shall annually elect a Chairperson and a |
Vice Chairperson, both of whom shall be Illinois licensed |
perfusionists. |
(3) The Board, upon request by the Department, may make |
an evaluation to approve a perfusionist program, |
examination, or certification. |
(4) The Board shall assist the Department in conducting |
oral interviews, disciplinary conferences, informal |
conferences, and formal evidentiary hearings. |
The Department may at any time seek the expert advice and |
knowledge of the Board on any matter related to the enforcement |
of this Act.
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(225 ILCS 125/30)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 30. Application for licensure. |
(a) An application for an original initial
license
shall be |
made to the Department in writing on forms or electronically as |
prescribed by the
Department and shall be accompanied by the |
required nonrefundable fee, which shall not be refundable. All |
applications shall contain information that, in the judgment of |
the Department, will enable the Department to pass on the |
qualifications of the applicant for a license as a |
perfusionist. An
application shall require information that, |
in the judgment of the Department,
will enable the Department |
to evaluate the qualifications of an applicant for
licensure.
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(b) If an applicant fails to obtain a license under this |
Act within 3 years after
filing his or her application, the |
application shall be denied, the fee shall be forfeited, and |
the applicant must reapply and meet the requirements in effect |
at the time of reapplication. The applicant
may make a new |
application, which shall be accompanied by the required
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nonrefundable fee. The applicant shall be required to meet the
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qualifications required for licensure at the time of |
reapplication.
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A person shall be qualified
for licensure as a perfusionist |
if that person:
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(1) has applied to the Department for licensure in |
accordance with
this Section;
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(2) has not violated a provision of Section 110 of this |
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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 licensure;
and
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(3) has successfully completed the examination |
provided by the American
Board of Cardiovascular Perfusion |
(ABCP) or its successor agency or a
substantially |
equivalent examination approved by the Department;
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(4) has met
the requirements for certification set |
forth by the American Board of
Cardiovascular Perfusion or |
its successor agency; and
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(5) has graduated from a school accredited by the |
Commission on the
Accreditation of Allied Health Education |
Programs (CAAHEP) or a similar
accrediting body approved by |
the Department.
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(Source: P.A. 91-580, eff. 1-1-00.)
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(225 ILCS 125/31 new) |
Sec. 31. Qualification. A person shall be qualified for |
licensure as a perfusionist if that person: |
(1) has applied to the Department for licensure in |
accordance with this Act; |
(2) has not violated any provision of this Act; and |
(3) has met the requirements for licensure as set forth |
by this Act and rules.
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(225 ILCS 125/60)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 60. Display of license; change of address. A licensee |
shall maintain on file at all times during which the licensee
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provides services in a
health care facility a true and correct |
copy of the license certificate in the
appropriate records of |
the facility.
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(Source: P.A. 96-682, eff. 8-25-09.)
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(225 ILCS 125/65)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 65. Endorsement Licensure by endorsement. |
(a) The Department may, upon application in writing on |
forms or electronically accompanied by the required fee, issue |
a license as a perfusionist to an applicant who is a |
perfusionist licensed under the law of another state, the |
District of Columbia, territory, or country, if the |
requirements for licensure in that jurisdiction were, at the |
date of original licensure, substantially equivalent to the |
requirements in force in this State. |
(b) An applicant who holds a current certificate as a |
certified clinical perfusionist issued by the American Board of |
Cardiovascular Perfusion, or its equivalent, as approved by the |
Department, prior to January 1, 1999 may apply for endorsement |
as stated in subsection (a) of this Section. |
(c) If the accuracy of any submitted documentation or |
relevance or sufficiency of the course work or experience is |
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questioned by the Department or the Board because of a lack of |
information, discrepancies, or conflicts in information given, |
or a need for clarification, the applicant seeking licensure |
may be required to provide additional information. |
(d) Applicants have 3 years from the date of application to |
complete the application process. If the process has not been |
completed in 3 years, the application shall be denied, the fee |
forfeited, and the applicant must reapply and meet the |
requirements in effect at the time of reapplication. |
The Department may, in its
discretion,
license as a
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perfusionist, without examination
and on payment of the |
required fee, an applicant who (1) is licensed as a
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perfusionist under the laws of
another state, territory, or |
country, if the requirements
for licensure in that state, |
territory, or country in which
the applicant was licensed were, |
at the date of his or her
licensure, substantially equal to the |
requirements in force
in this State on that date or (2) holds a |
current certificate as a certified
clinical perfusionist |
issued by the
American Board of Cardiovascular Perfusion |
(ABCP), or its successor
organization, prior to January 1, |
1999.
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(Source: P.A. 91-580, eff. 1-1-00.)
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(225 ILCS 125/70)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 70. Renewal, reinstatement, or restoration of |
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license; persons in military service. |
(a) The expiration date and
renewal period for each license |
issued under this Act shall be set by the
Department by rule. |
The holder of a license A licensee may renew the his or her |
license during the month preceding the expiration date of the |
license by paying the required fee. It is the responsibility of |
the licensee to notify the Department in writing of a change of |
address.
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(b) A licensee who has permitted his or her
license to |
expire or
who has had his or her license placed on inactive |
status may have his or her the license
restored by making |
application to the Department, and by filing proof
acceptable |
to
the Department of his or her fitness to have the license |
restored, including, but not limited to, sworn practice in |
another jurisdiction satisfactory to the Department and
by
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paying the required fees as determined by rule. Proof of |
fitness may include sworn evidence
certifying to active lawful |
practice in another jurisdiction.
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(c) A perfusionist If the licensee has not maintained an |
active practice
in
another jurisdiction satisfactory to the |
Department, the Department shall
determine, by an evaluation |
program established by rule, his or her
fitness
for restoration |
of the license and shall establish procedures and requirements
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for
restoration.
However, a licensee whose license has expired |
while engaged he or
she
was (1) in federal service on active |
duty with the Armed Forces of the United
States or the State |
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Militia called into service or training, or (2) in
training or
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education under the supervision of the United States before
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induction
into the military service, may have the license |
restored or reinstated without paying any
lapsed |
reinstatement,
renewal, or restoration fees if within 2 years |
after honorable termination other than by dishonorable |
discharge of such the
service,
training, or education and he or |
she furnishes the Department is furnished with
satisfactory
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evidence to the effect that the licensee he or she has been so |
engaged in the practice of perfusion and that such and that his
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or
her service, training, or education has been so terminated.
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(Source: P.A. 96-682, eff. 8-25-09.)
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(225 ILCS 125/75) |
(Section scheduled to be repealed on January 1, 2020) |
Sec. 75. Continuing education. The Department may adopt |
rules of continuing education for persons licensed under this |
Act. The Department shall consider the recommendations of the |
Board in establishing the guidelines for continuing education |
requirements. The requirements of this Section shall apply to |
any person seeking renewal or restoration under Sections 70 and |
80 of this Act licensees that require 30 hours of continuing |
education per 2 year license renewal cycle. The rules shall |
address variances in part or in whole for good cause, including |
without limitation temporary illness or hardship. The |
Department may approve continuing education programs offered, |
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provided, and approved by the American Board of Cardiovascular |
Perfusion, or its successor agency. The Department may approve |
additional continuing education sponsors. Each licensee is |
responsible for maintaining records of his or her completion of |
the continuing education and shall be prepared to produce the |
records when requested by the Department.
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(Source: P.A. 96-682, eff. 8-25-09.)
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(225 ILCS 125/80)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 80. Inactive status. A person licensed under this Act |
licensee who notifies
the
Department, in writing on forms |
prescribed by the Department, may elect to
place his or her |
license on an 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
license.
A licensee requesting |
restoration from inactive status
shall
pay the current renewal |
fee and shall restore his or
her
license in accordance with |
Section 70 of this Act.
A licensee whose license is on inactive |
status shall not
practice
as a perfusionist in this State. A |
licensee
who
engages in
practice as a
perfusionist while his or |
her
license is
lapsed or on inactive status shall be considered |
to be practicing without a
license, which shall be grounds for |
discipline under Section 105 of this Act.
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(Source: P.A. 91-580, eff. 1-1-00.)
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(225 ILCS 125/90)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 90. Fees; deposit of fees and fines.
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(a) The Department shall provide set by rule for a schedule |
of fees to be paid for licenses by applicants for the |
administration of this
Act, including, but not limited to, fees |
for initial and renewal licensure and
restoration of a license. |
All The fees are shall be nonrefundable.
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(b) The fees for the administration and enforcement of the |
Act, including but not limited to original licensure, renewal, |
and restoration shall be set by rule by the Department. |
(c) (b) All of the fees and fines collected as authorized |
under this Act shall be deposited into the
General Professions |
Dedicated Fund. The monies deposited into the Fund shall
be |
appropriated to the Department for expenses of the Department |
in the
administration of this Act.
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(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
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(225 ILCS 125/105)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 105. Grounds for disciplinary action Disciplinary |
actions.
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(a) The Department may refuse to issue, renew, or restore a
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license, or may revoke, or suspend a license, or may place on
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probation, reprimand, or take any other disciplinary or |
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non-disciplinary
action as the Department may deem proper with |
regard to a person licensed under this Act,
including but not |
limited to the imposition of fines not to
exceed $10,000 per |
for each violation with regard to any license issued under this |
Act, for any one or a any combination
of the following reasons |
causes:
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(1) Making a material misstatement in furnishing
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information to the Department.
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(2) Negligence, incompetence, or misconduct in the |
practice of perfusion Violation of this Act or any rule |
promulgated under this Act.
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(3) Failure to comply with any provisions of this Act |
or any of its rules Conviction of, or entry of a plea of |
guilty or nolo contendere to, any crime that is a felony |
under the laws of the United States or any state or |
territory thereof, or any crime
that is a
misdemeanor of |
which an essential element is dishonesty,
or any crime that |
is directly related to the practice as
a perfusionist.
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(4) Fraud or any misrepresentation in applying for or |
procuring a license under this Act or in connection with |
applying for renewal or restoration of a license under this |
Act Making a misrepresentation for the purpose of
|
obtaining, renewing, or restoring a license.
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(5) Purposefully making false statements or signing |
false statements, certificates, or affidavits to induce |
payment Aiding or assisting another person in
violating a |
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provision of this Act or its rules.
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(6) Conviction of or entry of a plea of guilty or nolo |
contendere, finding of guilt, jury verdict, or entry of |
judgment or sentencing, including, but not limited to, |
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, that is directly related to the |
practice of the profession of perfusion Failing to provide |
information within 60 days
in response to a written request |
made by the Department.
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(7) Aiding or assisting another in violating any |
provision of this Act or its rules 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) Failing to provide information in response to a |
written request made by the Department within 60 days after |
receipt of such written request Discipline by another |
state, the District of Columbia, or territory, or a foreign |
nation, if at least one of the
grounds for discipline is |
the same or substantially
equivalent to those set forth in |
this Section.
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(9) Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
|
defraud, or harm the public as defined by rule 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 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.
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(10) Habitual or excessive use or abuse of drugs |
defined in law as controlled substances, of alcohol, |
narcotics, stimulants, or any other substances that |
results in the inability to practice with reasonable |
judgment, skill, or safety A finding by the Board that the |
licensee, after
having his or her license placed on |
probationary status,
has violated the terms of probation.
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(11) A finding by the Department that an applicant or |
licensee has failed to pay a fine imposed by the Department |
Wilfully making or filing false records or
reports in his |
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or her practice, including but not limited
to false records |
or reports filed with State agencies or departments.
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(12) A finding by the Department that the licensee, |
after having his or her license placed on probationary |
status, has violated the terms of probation, or failed to |
comply with such terms Wilfully making or signing a false |
statement,
certificate, or affidavit to induce payment.
|
(13) Inability to practice the profession with |
reasonable judgment, skill, or safety as a result of |
physical illness, including, but not limited to, |
deterioration through the aging process, loss of motor |
skill, mental illness, or disability Wilfully failing to |
report an instance of
suspected child abuse or neglect as |
required under the
Abused and Neglected Child Reporting |
Act.
|
(14) Discipline by another state, territory, foreign |
country, the District of Columbia, the United States |
government, or any other government agency if at least one |
of the grounds for discipline is the same or substantially |
equivalent to those set forth in this Act 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
licensee has caused a child to be an |
abused child or
neglected child as defined in the Abused |
and Neglected
Child Reporting Act.
|
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(15) The making of any willfully false oath or |
affirmation in any matter or proceeding where an oath or |
affirmation is required by this Act Employment of fraud, |
deception, or any
unlawful means in applying for or |
securing a license as a
perfusionist.
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(16) Using or attempting to use an expired, inactive, |
suspended, or revoked license, or the certificate or seal |
of another, or impersonating another licensee Allowing |
another person to use his or her
license to practice.
|
(17) Directly or indirectly giving to or receiving from |
any person or entity any fee, commission, rebate, or other |
form of compensation for any professional service not |
actually or personally rendered Failure to report to the |
Department (A) any
adverse final action taken against the |
licensee by
another 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.
|
(18) Willfully making or filing false records or |
reports related to the licensee's practice, including, but |
not limited to, false records filed with federal or State |
agencies or departments Inability to practice the |
profession with reasonable judgment, skill or safety as a |
result of a physical illness, including but not limited to |
deterioration through the aging process or loss of motor |
skill, or a mental illness or disability.
|
|
(19) Willfully failing to report an instance of |
suspected child abuse or neglect as required under the |
Abused and Neglected Child Reporting Act Inability to |
practice the
profession for which he or she is licensed |
with
reasonable judgment, skill, or safety as a result of |
habitual or excessive use or addiction to alcohol, |
narcotics, stimulants, or any other chemical agent or drug.
|
(20) 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 licensee |
has caused a child to be an abused child or neglected child |
as defined in the Abused and Neglected Child Reporting Act |
Gross malpractice.
|
(21) Immoral conduct in the commission of an act |
related to the licensee's
practice, including but not |
limited to sexual abuse, sexual misconduct,
or sexual |
exploitation.
|
(22) Violation of
the Health Care Worker Self-Referral |
Act.
|
(23) Solicitation of business or professional |
services, other than permitted advertising. |
(24) Conviction of or cash compromise of a charge or |
violation of the Illinois Controlled Substances Act. |
(25) Gross, willful, or continued overcharging for |
professional services, including filing false statements |
|
for collection of fees for which services are not rendered. |
(26) Practicing under a false name or, except as |
allowed by law, an assumed name. |
(27) Violating any provision of this Act or the rules |
promulgated under this Act, including, but not limited to, |
advertising. |
(b) A licensee or applicant who, because of a physical or |
mental illness or disability, including, but not limited to, |
deterioration through the aging process or loss of motor skill, |
is unable to practice the profession with reasonable judgment, |
skill, or safety, may be required by the Department to submit |
to care, counseling or treatment by physicians approved or |
designated by the Department, as a condition, term, or |
restriction for continued, reinstated, or renewed licensure to |
practice. Submission to care, counseling or treatment as |
required by the Department shall not be considered discipline |
of the licensee. If the licensee refuses to enter into a care, |
counseling or treatment agreement or fails to abide by the |
terms of the agreement the Department may file a complaint to |
suspend or revoke the license or otherwise discipline the |
licensee. The Secretary may order the license suspended |
immediately, pending a hearing by the Department. Fines shall |
not be assessed in the disciplinary actions involving physical |
or mental illness or impairment.
|
(b-5) The Department may refuse to issue or may suspend, |
without a hearing as provided for in the Civil Administrative |
|
Code of Illinois, the license of a person who fails to file a |
return, to pay the tax, penalty, or interest shown in a filed |
return, or to pay any final assessment of tax, penalty, or |
interest as required by any tax Act administered by the |
Department of Revenue, until such time as the requirements of |
the tax Act are satisfied in accordance with subsection (g) of |
Section 2105-15 of the Department of Professional Regulation |
Law of the Civil Administrative Code of Illinois (20 ILCS |
2105/2105-15). |
(c) The determination by a circuit court that a licensee is |
subject to involuntary admission or judicial admission as |
provided in the Mental Health and Developmental Disabilities |
Code, as amended, operates as an automatic suspension. The |
suspension will end only upon a finding by a court that the |
licensee is no longer subject to the involuntary admission or |
judicial admission and issues an order so finding and |
discharging the licensee; and upon the recommendation of the |
Board to the Secretary that the licensee be allowed to resume |
his or her practice. |
(b) (d) In enforcing this Section, the Department or Board, |
upon a showing of a possible violation, may order a licensee or |
applicant to submit to a mental or physical examination, or |
both, at the expense of the Department. The Department or Board |
may order the examining physician to present testimony |
concerning his or her examination of the licensee or applicant. |
No information shall be excluded by reason of any common law or |
|
statutory privilege relating to communications between the |
licensee or applicant and the examining physician. The |
examining physicians shall be specifically designated by the |
Board or Department. The licensee or applicant may have, at his |
or her own expense, another physician of his or her choice |
present during all aspects of the examination. Failure of a |
licensee or applicant to submit to any such examination when |
directed, without reasonable cause as defined by rule, shall be |
grounds for either the immediate suspension of his or her |
license or immediate denial of his or her application. |
(1) If the Secretary immediately suspends the license |
of a licensee for his or her failure to submit to a mental |
or physical examination when directed, a hearing must be |
convened by the Department within 15 days after the |
suspension and completed without appreciable delay. |
(2) If the Secretary otherwise suspends a license |
pursuant to the results of the licensee's mental or |
physical examination, a hearing must be convened by the |
Department within 15 days after the suspension and |
completed without appreciable delay. The Department and |
Board shall have the authority to review the licensee's |
record of treatment and counseling regarding the relevant |
impairment or impairments to the extent permitted by |
applicable federal statutes and regulations safeguarding |
the confidentiality of medical records. |
(3) Any licensee suspended or otherwise affected under |
|
this subsection (b) (d) shall be afforded an opportunity to |
demonstrate to the Department or Board that he or she can |
resume practice in compliance with the acceptable and |
prevailing standards under the provisions of his or her |
license.
|
(c) The determination by a circuit court that a licensee 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 a finding by a court that the licensee is no |
longer subject to the involuntary admission or judicial |
admission and issues an order so finding and discharging the |
licensee; and upon the recommendation of the Board to the |
Secretary that the licensee be allowed to resume his or her |
practice. |
(d) In cases where the Department of Healthcare and Family |
Services (formerly the Department of Public Aid) has previously |
determined that a licensee or a potential licensee is more than |
30 days delinquent in the payment of child support and has |
subsequently certified the delinquency to the Department, the |
Department shall refuse to issue or renew or shall revoke or |
suspend that person's license or shall 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 subdivision (a)(5) of Section |
2105-15 of the Department of Professional Regulation Law of the |
|
Civil Administrative Code of Illinois. |
(e) The Department shall deny a license or renewal |
authorized by this Act to a person who has failed to file a |
return, to pay the tax, penalty, or interest shown in a filed |
return, or to pay any final assessment of tax, penalty, or |
interest as required by any 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 Professional Regulation Law of the |
Civil Administrative Code of Illinois. |
(Source: P.A. 98-756, eff. 7-16-14.)
|
(225 ILCS 125/115)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 115. Injunction Injunctive action; cease and desist |
order. |
(a) If any person violates the provisions of this Act, the |
Secretary, in the name of the People of the State of Illinois, |
through the Attorney General or the State's Attorney of the |
county in which the violation is alleged to have occurred, may |
petition for an order enjoining the violation or for an order |
enforcing compliance with this Act. Upon the filing of a |
verified petition, the court with appropriate jurisdiction may |
issue a temporary restraining order, without notice or bond, |
and may preliminarily and permanently enjoin the violation. If |
it is established that the person has violated or is violating |
|
the injunction, the court may punish the offender for contempt |
of court. Proceedings under this Section are in addition to, |
and not in lieu of, all other remedies and penalties provided |
by this Act. |
(b) Whenever, in the opinion of the Department, a person |
violates any provision of this Act, the Department may issue a |
rule to show cause why an order to cease and desist should not |
be entered against that person. The rule shall clearly set |
forth the grounds relied upon the Department and shall allow at |
least 7 days from the date of the rule to file an answer |
satisfactory to the Department. Failure to answer to the |
satisfaction of the Department shall cause an order to cease |
and desist to be issued.
|
(c) If a person practices as a perfusionist or holds |
himself or herself out as a perfusionist without being licensed |
under this Act, then any licensee under this Act, interested |
party, or person injured thereby, in addition to the Secretary |
or State's Attorney, may petition for relief as provided in |
subsection (a) of this Section.
|
(Source: P.A. 96-682, eff. 8-25-09.)
|
(225 ILCS 125/120)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 120. Investigation; notice; hearing. |
(a) The Department may
investigate
the
actions of any |
applicant or of any person or entity holding or claiming to |
|
hold a perfusionist license under this Act. |
(b) The
Department shall, before disciplining an applicant |
or licensee, refusing to issue or renew, suspending, or |
revoking a
license or taking other discipline pursuant to |
Section 105 of
this Act, and at
least 30 days prior to the date |
set for the hearing, (i) notify in writing the
applicant or |
licensee of the any charges made and the time and the place for |
the hearing on the charges, (ii) direct the applicant or |
licensee him or her to file a written answer to the charges |
with the Board under oath within 20 days after the service on |
him or her of the notice, and shall direct
the applicant or |
licensee to file a
written
answer to the Department under oath |
within 20 days after the service on him or her of the
notice |
and (iii) inform the applicant or licensee accused that failure |
to file a written answer to the charges will result in a |
default being entered against the applicant or licensee , if he |
or she fails to answer, default will be taken against him or |
her or that his or her
license may be suspended, revoked, or |
placed on probationary status, or other
disciplinary action may |
be
taken with regard to the licensee, including limiting the |
scope, nature, or extent of practice, as the Department
may |
consider proper. |
(c) Written or electronic notice, and any notice in the |
subsequent proceeding, may be served by personal delivery, by |
email, or by mail to the applicant or licensee at his or her |
address of record or email address of record. |
|
(d) At the time and place fixed in the notice, the Board or |
hearing officer appointed by the Secretary shall proceed to |
hear the charges, and the parties or their counsel shall be |
accorded ample opportunity to present any statement pertinent |
statements, testimony, evidence, and argument as may be |
pertinent to the charges or to their defense arguments. The |
Board or hearing officer may continue the hearing from time to |
time. |
(e) In case the licensee or applicant person, after |
receiving the notice, fails to file an answer, his or her |
license may, in the discretion of the Secretary Department, |
having first received the recommendation of the Board, be
|
suspended, revoked, or placed on probationary status, or be |
subject to the Department may take
whatever disciplinary action |
the Secretary it considers proper, including limiting the |
scope,
nature, or extent of the person's practice or the |
imposition of a fine, without
a hearing, if the act or acts |
charged constitute sufficient grounds for such
action under |
this Act. The written notice may be served by personal delivery |
or by certified mail to the address of record or the address |
specified by the accused in his or her last communication with |
the Department.
|
(Source: P.A. 96-682, eff. 8-25-09.)
|
(225 ILCS 125/125)
|
(Section scheduled to be repealed on January 1, 2020)
|
|
Sec. 125. Record of proceedings. |
(a) The Department, at its
expense, shall preserve a record |
of all proceedings at the formal hearing of any case in which a |
license under this Act may be revoked, suspended, placed on |
probationary status, reprimanded, fined, or subjected to other |
disciplinary action with reference to the license when a |
disciplinary action is authorized under this Act and rules at a
|
formal hearing conducted pursuant to Section 120 of this Act. |
The
notice of 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
|
Board or hearing officer, and orders of the Department shall be
|
the record of the proceeding. The record may be made available |
to any 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.
|
(b) The Department may contract for court reporting |
services, and, if it does so, the Department shall provide the |
name and contact information for the certified shorthand |
reporter who transcribed the testimony at a hearing to any |
person interested, who may obtain a copy of the transcript of |
any proceedings at a hearing upon payment of the fee specified |
by the certified shorthand reporter. |
(Source: P.A. 99-642, eff. 7-28-16.)
|
|
(225 ILCS 125/140)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 140. Subpoena; depositions; oaths. |
(a) The Department has the power
to subpoena documents, |
books, records or other materials and to bring before it any |
person and
to take testimony either orally or by deposition, |
with the same fees
and mileage and in the same manner as is |
prescribed in civil cases in circuit courts of this
State.
|
(b) The Secretary, the designated hearing officer, and any |
Board member has the power to administer oaths to witnesses at |
any hearing that the Department is authorized to conduct, and |
any other oaths authorized in any Act administered by the |
Department.
|
(Source: P.A. 96-682, eff. 8-25-09.)
|
(225 ILCS 125/150)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 150. Hearing; motion for Board; rehearing. |
(a) The Board or hearing officer appointed by the Secretary |
shall hear evidence in support of the formal charges and |
evidence produced by the licensee. At the conclusion of the |
hearing, the Board or hearing officer shall present to the |
Secretary a written report of its findings of fact, conclusions |
of law, and recommendations. If the Board fails to present its |
report, the applicant or licensee may request in writing a |
direct appeal to the Secretary, in which case the Secretary may |
|
issue an order based upon the report of the hearing officer and |
the record of the proceedings or issue an order remanding the |
matter back to the hearing officer for additional proceedings |
in accordance with the order. |
(b) At the conclusion of the hearing, a copy of the Board's |
report shall be served upon the applicant or licensee by the |
Department, either personally or as provided in this Act for |
the service of a notice of hearing. Within 20 days after such
|
the service, the applicant or licensee may present to the |
Department a
motion in writing for a rehearing, which shall |
specify
the particular grounds for a rehearing. The Department |
may respond to the motion for rehearing within 20 days after |
its service on the Department. If no motion for rehearing
is |
filed, then upon the expiration of the specified time for
|
filing such a motion, or upon denial of if a motion for |
rehearing is denied,
then upon the denial the Secretary may |
enter an order in
accordance with the recommendations of the |
Board or hearing officer ,
except as provided in Section 160 of |
this Act. If
the applicant or licensee orders a transcript of |
the record from the reporting service
and
pays for a the |
transcript of the record 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 applicant or licensee.
|
(c) If the Secretary disagrees in any regard with the |
report of the Board, the Secretary may issue an order contrary |
|
to the report. |
(d) Whenever the Secretary is not satisfied that |
substantial justice has been done, the Secretary may order a |
hearing by the same or another hearing officer. |
(e) At any point in any investigation or disciplinary |
proceeding provided for in this Act, both parties may agree to |
a negotiated consent order. The consent order shall be final |
upon signature of the Secretary. |
(Source: P.A. 96-682, eff. 8-25-09.)
|
(225 ILCS 125/170)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 170. Hearing officer. Notwithstanding any provision |
of this Act, the The Secretary shall have the authority
to
|
appoint an attorney
licensed to practice law in this State to |
serve as the
hearing officer in any action for refusal to |
issue, restore, or renew a license or to discipline a licensee. |
The Board may have at least one member present at any hearing |
conducted by the hearing officer.
The hearing officer shall |
have full authority
to conduct the hearing. A Board member or |
members may attend the hearing. The hearing officer
shall |
report his or her findings of fact, conclusions of law,
and |
recommendations to the Secretary and the Board.
The Board shall |
have 60 days from receipt of the report to
review the report of |
the hearing officer and to present its
findings of fact, |
conclusions of law, and recommendations to
the Secretary and to |
|
all parties to the proceeding. If the Board fails to present |
its
report within the 60-day period, the respondent may request |
in writing a direct appeal to the Secretary, in which case the |
Secretary shall, within 7 calendar days after such request, |
issue an order directing the Board to issue its findings of |
fact, conclusions of law, and recommendations to the Secretary |
within 30 calendar days of such order. If the Board fails to |
issue its findings of fact, conclusions of law, and |
recommendations within that time frame to the Secretary after |
the entry of such order, the Secretary shall, within 30 |
calendar days thereafter, issue an order based upon the report |
of the hearing officer and the record of the proceedings in |
accordance with such order. If (i) a direct appeal is |
requested, (ii) the Board fails to issue its findings of fact, |
conclusions of law, and recommendations within its 30-day |
mandate from the Secretary or the Secretary fails to order the |
Board to do so, and (iii) the Secretary fails to issue an order |
within 30 calendar days thereafter, then the hearing officer's |
report is deemed accepted and a final decision of the |
Secretary. Notwithstanding the foregoing, should the |
Secretary, upon review, determine that substantial justice has |
not been done in the revocation, suspension, or refusal to |
issue or renew a license, or other disciplinary action taken |
per the result of the entry of such hearing officer's report, |
the Secretary may order a rehearing by the same or another |
examiner.
If the Secretary disagrees with the recommendation
of |
|
the Board or hearing officer, he or she may issue
an order in |
contravention of the recommendation.
|
(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
|
(225 ILCS 125/185)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 185. Restoration from disciplinary status of a |
suspended or revoked license. |
(a) At any time after
the successful completion of a term |
of probation, suspension, or revocation of a license, the |
Department may
restore the license it to the licensee upon |
written recommendation of the Board unless, after an |
investigation and
a hearing, the Department Board determines |
that restoration is not in
the public interest. |
(b) Where circumstances of suspension or
revocation so |
indicate, or on the recommendation of the
Board, the Department |
may require an examination of the licensee
before restoring his |
or her license.
|
(c) No person whose license has been revoked as authorized |
in this Act may apply for restoration of that license until |
such time as provided for in the Civil Administrative Code of |
Illinois. |
(d) A license that has been suspended or revoked shall be |
considered nonrenewed for purposes of restoration and a |
licensee restoring his or her license from suspension or |
revocation must comply with the requirements for restoration as |
|
set forth in Section 70 of this Act and any related rules |
adopted. |
(Source: P.A. 96-682, eff. 8-25-09.)
|
(225 ILCS 125/200)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 200. Temporary Summary suspension of a license. The |
Secretary
may temporarily summarily suspend the license of a |
perfusionist
without a
hearing, simultaneously with the
|
institution of proceedings for a hearing provided for in
|
Section 120 of this Act, if the Secretary finds
that evidence |
in the Secretary's possession indicates that
continuation in |
practice would constitute an imminent danger
to the public. If |
In the event the Secretary suspends
a license of a licensed |
perfusionist without a hearing, a hearing must be commenced |
within 30 days after the suspension has occurred and
shall be |
concluded as expeditiously as may be practical.
|
(Source: P.A. 96-682, eff. 8-25-09.)
|
(225 ILCS 125/210)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 210. Administrative review Review Law. |
(a) All final
administrative decisions of the Department |
are subject to
judicial review under the Administrative Review |
Law and its
rules. The term "administrative decision" is |
defined as in
Section 3-101 of the Code of Civil Procedure.
|
|
(b) Proceedings for judicial review shall be commenced in |
the
circuit court of the county in which the party seeking |
review
resides. If the party seeking review is not a resident |
of
this State, venue shall be in Sangamon County.
|
(c) The Department shall not be required to certify any |
record to the court or file any answer in court, or to |
otherwise appear in any court in a judicial review proceeding, |
unless and until the Department has received from the plaintiff |
payment of the costs of furnishing and certifying the record, |
which costs shall be determined by the Department. |
(d) Failure on part of the plaintiff to file a receipt in |
court shall be grounds for dismissal of the action. |
(e) During the pendency and hearing of any and all judicial |
proceedings incident to a disciplinary action, the sanctions |
imposed upon the applicant or licensee by the Department shall |
remain in full force and effect. |
(Source: P.A. 91-580, eff. 1-1-00.)
|
(225 ILCS 125/220)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 220. Unlicensed practice; violations; civil |
penalties.
|
(a) Any No person who practices shall practice, offers |
offer to practice, attempts attempt to practice,
or holds hold
|
himself or herself out to practice as a
perfusionist without |
being licensed or exempt a
license
issued
by the Department to |
|
that person under this Act shall, in . (b) In addition to any |
other penalty provided by law, a person who
violates subsection |
(a) of this Section shall pay a civil penalty to the
Department
|
in an amount not to exceed $10,000 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 |
the provisions of a hearing for the discipline of a licensee of |
this Act.
|
(b) (c) The Department may has the authority and power to
|
investigate any actual, alleged, or suspected and all |
unlicensed activity.
|
(c) (d) 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 final |
judgment
and
may be filed and execution had thereon in the same |
manner as a
judgment from a court of record.
|
(d) A person or entity not licensed under this Act who has |
violated any provision of this Act or its rules is guilty of a |
Class A misdemeanor for the first offense and a Class 4 felony |
for a second and subsequent offenses. (e) All moneys collected |
under this Section shall be deposited into the General |
Professions Dedicated Fund. |
(Source: P.A. 96-682, eff. 8-25-09.)
|
(225 ILCS 125/95 rep.) |
