Bill Text: IL SB1348 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Medical Practice Act of 1987 from December 31, 2017 to December 31, 2027. Amends the Medical Practice Act of 1987. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Defines "email address of record". In provisions concerning grounds for discipline, provides that the Department of Financial and Professional Regulation may take action with regard to a person licensed under the Act for: willfully failing to report an instance of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act; and being named as an abuser in a verified report by the Department on Aging under the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act. In provisions authorizing the Secretary of Financial and Professional Regulation to appoint a hearing officer, provides that the hearing officer's findings and recommendations shall also be provided to the Medical Licensing Board along with the Medical Disciplinary Board so both Boards may review the information and present their findings to the Secretary. Makes changes in provisions concerning stenographers. Changes references to "stenographer" to references to "certified shorthand reporter". Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2017-05-22 - House Committee Amendment No. 1 Rules Refers to Executive Committee [SB1348 Detail]

Download: Illinois-2017-SB1348-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by adding
5Section 4.37a as follows:
6 (5 ILCS 80/4.37a new)
7 Sec. 4.37a. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Medical Practice Act of 1987.
10 (5 ILCS 80/4.27a rep.)
11 Section 10. The Regulatory Sunset Act is amended by
12repealing Section 4.27a.
13 Section 15. The Medical Practice Act of 1987 is amended by
14changing Sections 2, 22, 35, and 39 and by adding Section 2.5
15as follows:
16 (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
17 (Section scheduled to be repealed on December 31, 2017)
18 Sec. 2. Definitions. For purposes of this Act, the
19following definitions shall have the following meanings,
20except where the context requires otherwise:

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1 "Act" means the Medical Practice Act of 1987.
2 "Address of record" means the designated address recorded
3by the Department in the applicant's or licensee's application
4file or license file as maintained by the Department's
5licensure maintenance unit. It is the duty of the applicant or
6licensee to inform the Department of any change of address and
7those changes must be made either through the Department's
8website or by contacting the Department.
9 "Chiropractic physician" means a person licensed to treat
10human ailments without the use of drugs and without operative
11surgery. Nothing in this Act shall be construed to prohibit a
12chiropractic physician from providing advice regarding the use
13of non-prescription products or from administering atmospheric
14oxygen. Nothing in this Act shall be construed to authorize a
15chiropractic physician to prescribe drugs.
16 "Department" means the Department of Financial and
17Professional Regulation.
18 "Disciplinary action Action" means revocation, suspension,
19probation, supervision, practice modification, reprimand,
20required education, fines or any other action taken by the
21Department against a person holding a license.
22 "Disciplinary Board" means the Medical Disciplinary Board.
23 "Email address of record" means the designated email
24address recorded by the Department in the applicant's
25application file or the licensee's license file, as maintained
26by the Department's licensure maintenance unit.

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1 "Final determination Determination" means the governing
2body's final action taken under the procedure followed by a
3health care institution, or professional association or
4society, against any person licensed under the Act in
5accordance with the bylaws or rules and regulations of such
6health care institution, or professional association or
7society.
8 "Fund" means the Illinois State Medical Disciplinary Fund.
9 "Impaired" means the inability to practice medicine with
10reasonable skill and safety due to physical or mental
11disabilities as evidenced by a written determination or written
12consent based on clinical evidence including deterioration
13through the aging process or loss of motor skill, or abuse of
14drugs or alcohol, of sufficient degree to diminish a person's
15ability to deliver competent patient care.
16 "Licensing Board" means the Medical Licensing Board.
17 "Physician" means a person licensed under the Medical
18Practice Act to practice medicine in all of its branches or a
19chiropractic physician.
20 "Professional association Association" means an
21association or society of persons licensed under this Act, and
22operating within the State of Illinois, including but not
23limited to, medical societies, osteopathic organizations, and
24chiropractic organizations, but this term shall not be deemed
25to include hospital medical staffs.
26 "Program of care Care, counseling Counseling, or treatment

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1Treatment" means a written schedule of organized treatment,
2care, counseling, activities, or education, satisfactory to
3the Disciplinary Board, designed for the purpose of restoring
4an impaired person to a condition whereby the impaired person
5can practice medicine with reasonable skill and safety of a
6sufficient degree to deliver competent patient care.
7 "Reinstate" means to change the status of a license from
8inactive or nonrenewed status to active status.
9 "Restore" means to remove an encumbrance from a license due
10to probation, suspension, or revocation.
11 "Secretary" means the Secretary of the Department of
12Financial and Professional Regulation.
13(Source: P.A. 98-1140, eff. 12-30-14; 99-933, eff. 1-27-17.)
14 (225 ILCS 60/2.5 new)
15 Sec. 2.5. Address of record; email address of record. All
16applicants and licensees shall:
17 (1) provide a valid address and email address to the
18 Department, which shall serve as the address of record and
19 email address of record, respectively, at the time of
20 application for licensure or renewal of a license; and
21 (2) inform the Department of any change of address of
22 record or email address of record within 14 days after such
23 change either through the Department's website or by
24 contacting the Department's licensure maintenance unit.

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1 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
2 (Section scheduled to be repealed on December 31, 2017)
3 Sec. 22. Disciplinary action.
4 (A) The Department may revoke, suspend, place on probation,
5reprimand, refuse to issue or renew, or take any other
6disciplinary or non-disciplinary action as the Department may
7deem proper with regard to the license or permit of any person
8issued under this Act, including imposing fines not to exceed
9$10,000 for each violation, upon any of the following grounds:
10 (1) Performance of an elective abortion in any place,
11 locale, facility, or institution other than:
12 (a) a facility licensed pursuant to the Ambulatory
13 Surgical Treatment Center Act;
14 (b) an institution licensed under the Hospital
15 Licensing Act;
16 (c) an ambulatory surgical treatment center or
17 hospitalization or care facility maintained by the
18 State or any agency thereof, where such department or
19 agency has authority under law to establish and enforce
20 standards for the ambulatory surgical treatment
21 centers, hospitalization, or care facilities under its
22 management and control;
23 (d) ambulatory surgical treatment centers,
24 hospitalization or care facilities maintained by the
25 Federal Government; or
26 (e) ambulatory surgical treatment centers,

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1 hospitalization or care facilities maintained by any
2 university or college established under the laws of
3 this State and supported principally by public funds
4 raised by taxation.
5 (2) Performance of an abortion procedure in a willful
6 wilful and wanton manner on a woman who was not pregnant at
7 the time the abortion procedure was performed.
8 (3) A plea of guilty or nolo contendere, finding of
9 guilt, jury verdict, or entry of judgment or sentencing,
10 including, but not limited to, convictions, preceding
11 sentences of supervision, conditional discharge, or first
12 offender probation, under the laws of any jurisdiction of
13 the United States of any crime that is a felony.
14 (4) Gross negligence in practice under this Act.
15 (5) Engaging in dishonorable, unethical or
16 unprofessional conduct of a character likely to deceive,
17 defraud or harm the public.
18 (6) Obtaining any fee by fraud, deceit, or
19 misrepresentation.
20 (7) Habitual or excessive use or abuse of drugs defined
21 in law as controlled substances, of alcohol, or of any
22 other substances which results in the inability to practice
23 with reasonable judgment, skill or safety.
24 (8) Practicing under a false or, except as provided by
25 law, an assumed name.
26 (9) Fraud or misrepresentation in applying for, or

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1 procuring, a license under this Act or in connection with
2 applying for renewal of a license under this Act.
3 (10) Making a false or misleading statement regarding
4 their skill or the efficacy or value of the medicine,
5 treatment, or remedy prescribed by them at their direction
6 in the treatment of any disease or other condition of the
7 body or mind.
8 (11) Allowing another person or organization to use
9 their license, procured under this Act, to practice.
10 (12) Adverse action taken by another state or
11 jurisdiction against a license or other authorization to
12 practice as a medical doctor, doctor of osteopathy, doctor
13 of osteopathic medicine or doctor of chiropractic, a
14 certified copy of the record of the action taken by the
15 other state or jurisdiction being prima facie evidence
16 thereof. This includes any adverse action taken by a State
17 or federal agency that prohibits a medical doctor, doctor
18 of osteopathy, doctor of osteopathic medicine, or doctor of
19 chiropractic from providing services to the agency's
20 participants.
21 (13) Violation of any provision of this Act or of the
22 Medical Practice Act prior to the repeal of that Act, or
23 violation of the rules, or a final administrative action of
24 the Secretary, after consideration of the recommendation
25 of the Disciplinary Board.
26 (14) Violation of the prohibition against fee

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1 splitting in Section 22.2 of this Act.
2 (15) A finding by the Disciplinary Board that the
3 registrant after having his or her license placed on
4 probationary status or subjected to conditions or
5 restrictions violated the terms of the probation or failed
6 to comply with such terms or conditions.
7 (16) Abandonment of a patient.
8 (17) Prescribing, selling, administering,
9 distributing, giving or self-administering any drug
10 classified as a controlled substance (designated product)
11 or narcotic for other than medically accepted therapeutic
12 purposes.
13 (18) Promotion of the sale of drugs, devices,
14 appliances or goods provided for a patient in such manner
15 as to exploit the patient for financial gain of the
16 physician.
17 (19) Offering, undertaking or agreeing to cure or treat
18 disease by a secret method, procedure, treatment or
19 medicine, or the treating, operating or prescribing for any
20 human condition by a method, means or procedure which the
21 licensee refuses to divulge upon demand of the Department.
22 (20) Immoral conduct in the commission of any act
23 including, but not limited to, commission of an act of
24 sexual misconduct related to the licensee's practice.
25 (21) Willfully Wilfully making or filing false records
26 or reports in his or her practice as a physician,

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1 including, but not limited to, false records to support
2 claims against the medical assistance program of the
3 Department of Healthcare and Family Services (formerly
4 Department of Public Aid) under the Illinois Public Aid
5 Code.
6 (22) Willful Wilful omission to file or record, or
7 willfully wilfully impeding the filing or recording, or
8 inducing another person to omit to file or record, medical
9 reports as required by law, or willfully wilfully failing
10 to report an instance of suspected abuse or neglect as
11 required by law.
12 (23) Being named as a perpetrator in an indicated
13 report by the Department of Children and Family Services
14 under the Abused and Neglected Child Reporting Act, and
15 upon proof by clear and convincing evidence that the
16 licensee has caused a child to be an abused child or
17 neglected child as defined in the Abused and Neglected
18 Child Reporting Act.
19 (24) Solicitation of professional patronage by any
20 corporation, agents or persons, or profiting from those
21 representing themselves to be agents of the licensee.
22 (25) Gross and willful wilful and continued
23 overcharging for professional services, including filing
24 false statements for collection of fees for which services
25 are not rendered, including, but not limited to, filing
26 such false statements for collection of monies for services

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1 not rendered from the medical assistance program of the
2 Department of Healthcare and Family Services (formerly
3 Department of Public Aid) under the Illinois Public Aid
4 Code.
5 (26) A pattern of practice or other behavior which
6 demonstrates incapacity or incompetence to practice under
7 this Act.
8 (27) Mental illness or disability which results in the
9 inability to practice under this Act with reasonable
10 judgment, skill or safety.
11 (28) Physical illness, including, but not limited to,
12 deterioration through the aging process, or loss of motor
13 skill which results in a physician's inability to practice
14 under this Act with reasonable judgment, skill or safety.
15 (29) Cheating on or attempt to subvert the licensing
16 examinations administered under this Act.
17 (30) Willfully Wilfully or negligently violating the
18 confidentiality between physician and patient except as
19 required by law.
20 (31) The use of any false, fraudulent, or deceptive
21 statement in any document connected with practice under
22 this Act.
23 (32) Aiding and abetting an individual not licensed
24 under this Act in the practice of a profession licensed
25 under this Act.
26 (33) Violating state or federal laws or regulations

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1 relating to controlled substances, legend drugs, or
2 ephedra as defined in the Ephedra Prohibition Act.
3 (34) Failure to report to the Department any adverse
4 final action taken against them by another licensing
5 jurisdiction (any other state or any territory of the
6 United States or any foreign state or country), by any peer
7 review body, by any health care institution, by any
8 professional society or association related to practice
9 under this Act, by any governmental agency, by any law
10 enforcement agency, or by any court for acts or conduct
11 similar to acts or conduct which would constitute grounds
12 for action as defined in this Section.
13 (35) Failure to report to the Department surrender of a
14 license or authorization to practice as a medical doctor, a
15 doctor of osteopathy, a doctor of osteopathic medicine, or
16 doctor of chiropractic in another state or jurisdiction, or
17 surrender of membership on any medical staff or in any
18 medical or professional association or society, while
19 under disciplinary investigation by any of those
20 authorities or bodies, for acts or conduct similar to acts
21 or conduct which would constitute grounds for action as
22 defined in this Section.
23 (36) Failure to report to the Department any adverse
24 judgment, settlement, or award arising from a liability
25 claim related to acts or conduct similar to acts or conduct
26 which would constitute grounds for action as defined in

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1 this Section.
2 (37) Failure to provide copies of medical records as
3 required by law.
4 (38) Failure to furnish the Department, its
5 investigators or representatives, relevant information,
6 legally requested by the Department after consultation
7 with the Chief Medical Coordinator or the Deputy Medical
8 Coordinator.
9 (39) Violating the Health Care Worker Self-Referral
10 Act.
11 (40) Willful failure to provide notice when notice is
12 required under the Parental Notice of Abortion Act of 1995.
13 (41) Failure to establish and maintain records of
14 patient care and treatment as required by this law.
15 (42) Entering into an excessive number of written
16 collaborative agreements with licensed advanced practice
17 nurses resulting in an inability to adequately
18 collaborate.
19 (43) Repeated failure to adequately collaborate with a
20 licensed advanced practice nurse.
21 (44) Violating the Compassionate Use of Medical
22 Cannabis Pilot Program Act.
23 (45) Entering into an excessive number of written
24 collaborative agreements with licensed prescribing
25 psychologists resulting in an inability to adequately
26 collaborate.

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1 (46) Repeated failure to adequately collaborate with a
2 licensed prescribing psychologist.
3 (47) Willfully failing to report an instance of
4 suspected abuse, neglect, financial exploitation, or
5 self-neglect of an eligible adult as defined in and
6 required by the Adult Protective Services Act.
7 (48) Being named as an abuser in a verified report by
8 the Department on Aging under the Adult Protective Services
9 Act, and upon proof by clear and convincing evidence that
10 the licensee abused, neglected, or financially exploited
11 an eligible adult as defined in the Adult Protective
12 Services Act.
13 Except for actions involving the ground numbered (26), all
14proceedings to suspend, revoke, place on probationary status,
15or take any other disciplinary action as the Department may
16deem proper, with regard to a license on any of the foregoing
17grounds, must be commenced within 5 years next after receipt by
18the Department of a complaint alleging the commission of or
19notice of the conviction order for any of the acts described
20herein. Except for the grounds numbered (8), (9), (26), and
21(29), no action shall be commenced more than 10 years after the
22date of the incident or act alleged to have violated this
23Section. For actions involving the ground numbered (26), a
24pattern of practice or other behavior includes all incidents
25alleged to be part of the pattern of practice or other behavior
26that occurred, or a report pursuant to Section 23 of this Act

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1received, within the 10-year period preceding the filing of the
2complaint. In the event of the settlement of any claim or cause
3of action in favor of the claimant or the reduction to final
4judgment of any civil action in favor of the plaintiff, such
5claim, cause of action or civil action being grounded on the
6allegation that a person licensed under this Act was negligent
7in providing care, the Department shall have an additional
8period of 2 years from the date of notification to the
9Department under Section 23 of this Act of such settlement or
10final judgment in which to investigate and commence formal
11disciplinary proceedings under Section 36 of this Act, except
12as otherwise provided by law. The time during which the holder
13of the license was outside the State of Illinois shall not be
14included within any period of time limiting the commencement of
15disciplinary action by the Department.
16 The entry of an order or judgment by any circuit court
17establishing that any person holding a license under this Act
18is a person in need of mental treatment operates as a
19suspension of that license. That person may resume their
20practice only upon the entry of a Departmental order based upon
21a finding by the Disciplinary Board that they have been
22determined to be recovered from mental illness by the court and
23upon the Disciplinary Board's recommendation that they be
24permitted to resume their practice.
25 The Department may refuse to issue or take disciplinary
26action concerning the license of any person who fails to file a

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1return, or to pay the tax, penalty or interest shown in a filed
2return, or to pay any final assessment of tax, penalty or
3interest, as required by any tax Act administered by the
4Illinois Department of Revenue, until such time as the
5requirements of any such tax Act are satisfied as determined by
6the Illinois Department of Revenue.
7 The Department, upon the recommendation of the
8Disciplinary Board, shall adopt rules which set forth standards
9to be used in determining:
10 (a) when a person will be deemed sufficiently
11 rehabilitated to warrant the public trust;
12 (b) what constitutes dishonorable, unethical or
13 unprofessional conduct of a character likely to deceive,
14 defraud, or harm the public;
15 (c) what constitutes immoral conduct in the commission
16 of any act, including, but not limited to, commission of an
17 act of sexual misconduct related to the licensee's
18 practice; and
19 (d) what constitutes gross negligence in the practice
20 of medicine.
21 However, no such rule shall be admissible into evidence in
22any civil action except for review of a licensing or other
23disciplinary action under this Act.
24 In enforcing this Section, the Disciplinary Board or the
25Licensing Board, upon a showing of a possible violation, may
26compel, in the case of the Disciplinary Board, any individual

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1who is licensed to practice under this Act or holds a permit to
2practice under this Act, or, in the case of the Licensing
3Board, any individual who has applied for licensure or a permit
4pursuant to this Act, to submit to a mental or physical
5examination and evaluation, or both, which may include a
6substance abuse or sexual offender evaluation, as required by
7the Licensing Board or Disciplinary Board and at the expense of
8the Department. The Disciplinary Board or Licensing Board shall
9specifically designate the examining physician licensed to
10practice medicine in all of its branches or, if applicable, the
11multidisciplinary team involved in providing the mental or
12physical examination and evaluation, or both. The
13multidisciplinary team shall be led by a physician licensed to
14practice medicine in all of its branches and may consist of one
15or more or a combination of physicians licensed to practice
16medicine in all of its branches, licensed chiropractic
17physicians, licensed clinical psychologists, licensed clinical
18social workers, licensed clinical professional counselors, and
19other professional and administrative staff. Any examining
20physician or member of the multidisciplinary team may require
21any person ordered to submit to an examination and evaluation
22pursuant to this Section to submit to any additional
23supplemental testing deemed necessary to complete any
24examination or evaluation process, including, but not limited
25to, blood testing, urinalysis, psychological testing, or
26neuropsychological testing. The Disciplinary Board, the

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1Licensing Board, or the Department may order the examining
2physician or any member of the multidisciplinary team to
3provide to the Department, the Disciplinary Board, or the
4Licensing Board any and all records, including business
5records, that relate to the examination and evaluation,
6including any supplemental testing performed. The Disciplinary
7Board, the Licensing Board, or the Department may order the
8examining physician or any member of the multidisciplinary team
9to present testimony concerning this examination and
10evaluation of the licensee, permit holder, or applicant,
11including testimony concerning any supplemental testing or
12documents relating to the examination and evaluation. No
13information, report, record, or other documents in any way
14related to the examination and evaluation shall be excluded by
15reason of any common law or statutory privilege relating to
16communication between the licensee, permit holder, or
17applicant and the examining physician or any member of the
18multidisciplinary team. No authorization is necessary from the
19licensee, permit holder, or applicant ordered to undergo an
20evaluation and examination for the examining physician or any
21member of the multidisciplinary team to provide information,
22reports, records, or other documents or to provide any
23testimony regarding the examination and evaluation. The
24individual to be examined may have, at his or her own expense,
25another physician of his or her choice present during all
26aspects of the examination. Failure of any individual to submit

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1to mental or physical examination and evaluation, or both, when
2directed, shall result in an automatic suspension, without
3hearing, until such time as the individual submits to the
4examination. If the Disciplinary Board or Licensing Board finds
5a physician unable to practice following an examination and
6evaluation because of the reasons set forth in this Section,
7the Disciplinary Board or Licensing Board shall require such
8physician to submit to care, counseling, or treatment by
9physicians, or other health care professionals, approved or
10designated by the Disciplinary Board, as a condition for
11issued, continued, reinstated, or renewed licensure to
12practice. Any physician, whose license was granted pursuant to
13Sections 9, 17, or 19 of this Act, or, continued, reinstated,
14renewed, disciplined or supervised, subject to such terms,
15conditions or restrictions who shall fail to comply with such
16terms, conditions or restrictions, or to complete a required
17program of care, counseling, or treatment, as determined by the
18Chief Medical Coordinator or Deputy Medical Coordinators,
19shall be referred to the Secretary for a determination as to
20whether the licensee shall have their license suspended
21immediately, pending a hearing by the Disciplinary Board. In
22instances in which the Secretary immediately suspends a license
23under this Section, a hearing upon such person's license must
24be convened by the Disciplinary Board within 15 days after such
25suspension and completed without appreciable delay. The
26Disciplinary Board shall have the authority to review the

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1subject physician's record of treatment and counseling
2regarding the impairment, to the extent permitted by applicable
3federal statutes and regulations safeguarding the
4confidentiality of medical records.
5 An individual licensed under this Act, affected under this
6Section, shall be afforded an opportunity to demonstrate to the
7Disciplinary Board that they can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of their license.
10 The Department may promulgate rules for the imposition of
11fines in disciplinary cases, not to exceed $10,000 for each
12violation of this Act. Fines may be imposed in conjunction with
13other forms of disciplinary action, but shall not be the
14exclusive disposition of any disciplinary action arising out of
15conduct resulting in death or injury to a patient. Any funds
16collected from such fines shall be deposited in the Illinois
17State Medical Disciplinary Fund.
18 All fines imposed under this Section shall be paid within
1960 days after the effective date of the order imposing the fine
20or in accordance with the terms set forth in the order imposing
21the fine.
22 (B) The Department shall revoke the license or permit
23issued under this Act to practice medicine or a chiropractic
24physician who has been convicted a second time of committing
25any felony under the Illinois Controlled Substances Act or the
26Methamphetamine Control and Community Protection Act, or who

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1has been convicted a second time of committing a Class 1 felony
2under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
3person whose license or permit is revoked under this subsection
4B shall be prohibited from practicing medicine or treating
5human ailments without the use of drugs and without operative
6surgery.
7 (C) The Department shall not revoke, suspend, place on
8probation, reprimand, refuse to issue or renew, or take any
9other disciplinary or non-disciplinary action against the
10license or permit issued under this Act to practice medicine to
11a physician based solely upon the recommendation of the
12physician to an eligible patient regarding, or prescription
13for, or treatment with, an investigational drug, biological
14product, or device.
15 (D) The Disciplinary Board shall recommend to the
16Department civil penalties and any other appropriate
17discipline in disciplinary cases when the Board finds that a
18physician willfully performed an abortion with actual
19knowledge that the person upon whom the abortion has been
20performed is a minor or an incompetent person without notice as
21required under the Parental Notice of Abortion Act of 1995.
22Upon the Board's recommendation, the Department shall impose,
23for the first violation, a civil penalty of $1,000 and for a
24second or subsequent violation, a civil penalty of $5,000.
25(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
2698-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff.

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11-27-17.)
2 (225 ILCS 60/35) (from Ch. 111, par. 4400-35)
3 (Section scheduled to be repealed on December 31, 2017)
4 Sec. 35. The Secretary shall have the authority to appoint
5an attorney duly licensed to practice law in the State of
6Illinois to serve as the hearing officer in any action to
7suspend, revoke, place on probationary status, or take any
8other disciplinary action with regard to a license. The hearing
9officer shall have full authority to conduct the hearing. The
10hearing officer shall report his findings and recommendations
11to the Disciplinary Board or Licensing Board within 30 days of
12the receipt of the record. The Disciplinary Board or Licensing
13Board shall have 60 days from receipt of the report to review
14the report of the hearing officer and present their findings of
15fact, conclusions of law and recommendations to the Secretary.
16(Source: P.A. 97-622, eff. 11-23-11.)
17 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
18 (Section scheduled to be repealed on December 31, 2017)
19 Sec. 39. Certified shorthand reporter; record
20Stenographer; transcript. The Department, at its expense,
21shall provide a certified shorthand reporter stenographer to
22take down the testimony and preserve a record of all
23proceedings at the hearing of any case wherein a license may be
24revoked, suspended, placed on probationary status, or other

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1disciplinary action taken with regard thereto. The notice of
2hearing, complaint and all other documents in the nature of
3pleadings and written motions filed in the proceedings, the
4transcript of testimony, the report of the Licensing Board and
5the orders of the Department constitute the record of the
6proceedings. The Department shall furnish a copy transcript of
7the record to any person interested in such hearing upon
8payment of the fee required under Section 2105-115 of the
9Department of Professional Regulation Law (20 ILCS
102105/2105-115). The Department may contract for court
11reporting services, and, in the event it does so, the
12Department shall provide the name and contact information for
13the certified shorthand reporter who transcribed the testimony
14at a hearing to any person interested, who may obtain a copy of
15the record of any proceedings at a hearing upon payment of the
16fee specified by the certified shorthand reporter. This charge
17is in addition to any fee charged by the Department for
18certifying the record.
19(Source: P.A. 91-239, eff. 1-1-00.)
20 Section 99. Effective date. This Act takes effect upon
21becoming law.

SB1348 Engrossed- 23 -LRB100 09271 SMS 19429 b
1 INDEX
2 Statutes amended in order of appearance