Bill Text: IL HB4951 | 2011-2012 | 97th General Assembly | Amended

---

Bill Title: Amends the Medical Practice Act of 1987. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4951 Detail]

Download: Illinois-2011-HB4951-Amended.html

---

Rep. Angelo Saviano

Filed: 3/27/2012

09700HB4951ham001 LRB097 17914 CEL 68138 a
AMENDMENT TO HOUSE BILL 4951
AMENDMENT NO. ______. Amend House Bill 4951 by replacing
everything after the enacting clause with the following:
"Section 5. The Pharmacy Practice Act is amended by
changing Section 35.7 as follows:
(225 ILCS 85/35.7) (from Ch. 111, par. 4155.7)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.7. Notwithstanding the provisions of Section 35.6
of this Act, the Director shall have the authority to appoint
any attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any action before
the Board for refusal to issue, renew, or discipline of a
license or certificate. The Director shall notify the Board of
any such appointment. The hearing officer shall have full
authority to conduct the hearing. There shall be present at
least one member of the Board at any such hearing. The hearing

09700HB4951ham001 - 2 - LRB097 17914 CEL 68138 a
officer shall report his findings of fact, conclusions of law
and recommendations to the Board and the Director. The Board
shall have 60 days from receipt of the report to review the
report of the hearing officer and present their findings of
fact, conclusions of law, and recommendations to the Director.
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 the 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 after
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 or issue an order remanding the matter back to the
hearing officer for additional proceedings in accordance with
the order. If (i) a direct appeal is requested, (ii) the Board
fails to issue its findings of fact, conclusions of law, and
recommendations within the 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
any other provision of this Section, if the Secretary, upon

09700HB4951ham001 - 3 - LRB097 17914 CEL 68138 a
review, determines that substantial justice has not been done
in the revocation, suspension, or refusal to issue or renew a
license or other disciplinary action taken as the result of the
entry of the hearing officer's report, the Secretary may order
a rehearing by the same or other examiners. If the Secretary
disagrees with the recommendation of the Board or the hearing
officer, the Secretary may issue an order in contravention of
the recommendation.
(Source: P.A. 95-689, eff. 10-29-07.)
Section 10. The Illinois Physical Therapy Act is amended by
changing Section 25 as follows:
(225 ILCS 90/25) (from Ch. 111, par. 4275)
(Section scheduled to be repealed on January 1, 2016)
Sec. 25. Appointment of a Hearing Officer. The Director
shall have the authority to appoint any attorney duly licensed
to practice law in the State of Illinois to serve as the
hearing officer in any action for refusal to issue, renew or
discipline of a license or permit. The hearing officer shall
have full authority to conduct the hearing. At least one member
of the Board shall attend each hearing. The hearing officer
shall report his findings and recommendations to the Board and
the Director. The Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present
their findings of fact, conclusions of law and recommendations

09700HB4951ham001 - 4 - LRB097 17914 CEL 68138 a
to the Director. If the Board fails to present its report
within the 60 day period, the Director shall issue an order
based on the report of the hearing officer. If the Director
determines that the Board's report is contrary to the manifest
weight of the evidence, he may issue an order in contravention
of the Board's report.
(Source: P.A. 94-651, eff. 1-1-06.)
Section 15. The Respiratory Care Practice Act is amended by
changing Section 140 as follows:
(225 ILCS 106/140)
(Section scheduled to be repealed on January 1, 2016)
Sec. 140. Appointment of a hearing officer. The Director
has the authority to appoint an attorney, licensed to practice
law in the State of Illinois, to serve as a hearing officer in
any action for refusal to issue or renew a license or to
discipline a licensee. The hearing officer has full authority
to conduct the hearing. At least one member of the Board shall
attend each hearing. The hearing officer shall report his or
her findings of fact, conclusions of law, and recommendations
to the Board and to the Director. The Board shall have 60
calendar days from receipt of the report to review it and to
present its findings of fact, conclusions of law, and
recommendations to the Director. If the Board does not present
its report within the 60 day period, the Director may issue an

09700HB4951ham001 - 5 - LRB097 17914 CEL 68138 a
order based on the report of the hearing officer. If the
Director disagrees with the recommendation of the Board or the
hearing officer, the Director may issue an order in
contravention of the recommendation.
The Director shall promptly provide a written explanation
to the Board on any such disagreement.
(Source: P.A. 89-33, eff. 1-1-96.)
Section 20. The Illinois Landscape Architecture Act of 1989
is amended by changing Section 24 as follows:
(225 ILCS 315/24) (from Ch. 111, par. 8124)
(Section scheduled to be repealed on January 1, 2020)
Sec. 24. Appointment of a hearing officer. The Secretary
has the authority to appoint any attorney licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action for refusal to issue or renew a license or permit or
to discipline a licensee. The Secretary shall notify the Board
of any such appointment. The hearing officer has full authority
to conduct the hearing. At least one member of the Board shall
attend each hearing. The hearing officer shall report his
findings of fact, conclusions of law and recommendations to the
Board and the Secretary. The Board has 60 days from receipt of
the report to review it and present its findings of fact,
conclusions of law and recommendations to the Secretary. If the
Board fails to present its report within the 60 day period, the

09700HB4951ham001 - 6 - LRB097 17914 CEL 68138 a
Secretary shall issue an order based on the report of the
hearing officer. If the Secretary disagrees with the
recommendation of the Board or hearing officer, the Secretary
may issue an order in contravention of the recommendation. The
Secretary shall promptly provide a written explanation to the
Board on any disagreement.
(Source: P.A. 96-730, eff. 8-25-09.)
Section 25. The Professional Geologist Licensing Act is
amended by changing Section 125 as follows:
(225 ILCS 745/125)
(Section scheduled to be repealed on January 1, 2016)
Sec. 125. Appointment of a hearing officer. The Director
has the authority to appoint any attorney licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action for refusal to issue, restore, or renew a person's
license to practice as a Licensed Professional Geologist or to
discipline a licensee. The hearing officer has full authority
to conduct the hearing. At least one member of the Board shall
attend each hearing. The hearing officer shall report his or
her findings of fact, conclusions of law, and recommendations
to the Board and the Director. The Board shall have 60 calendar
days from receipt of the report to review the report of the
hearing officer and present its findings of fact, conclusions
of law, and recommendations to the Director. If the Board does

09700HB4951ham001 - 7 - LRB097 17914 CEL 68138 a
not present its report within the 60-day period, the Director
may issue an order based on the report of the hearing officer.
If the Director disagrees with the recommendation of the Board
or of the hearing officer, the Director may issue an order in
contravention of the recommendation. The Director shall
promptly provide a written report to the Board on any
deviation, and shall specify the reasons for the action in the
final order.
(Source: P.A. 96-1327, eff. 7-27-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".