Bill Text: IL SB0659 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Fire Sprinkler Contractor Licensing Act. Makes changes to a provision concerning qualifications for any person who performs certain inspection and testing duties before January 1, 2022. Provides that after December 31, 2021, any individual who performs certain inspection and testing duties must possess proof of (i) certification by a nationally recognized certification organization at an appropriate level, such as NICET Level III (instead of NICET Level II) in Inspection and Testing of Water Based Systems or the equivalent, (ii) a valid ASSE 15010 certification in "inspection, testing and maintenance for water-based fire protection systems", or (iii) satisfactory completion of a certified sprinkler fitter apprenticeship program approved by the United States Department of Labor. Provides that the requirements do not apply to individuals performing inspections or testing of fire sprinkler systems on behalf of a municipality, a county, a fire protection district, or the Office of the State Fire Marshal or to a stationary engineer, operating engineer, or other individual employed on a full-time basis by the facility owner or owner's representative performing weekly and monthly inspections and tests in accordance with applicable National Fire Protection Association standards. Makes conforming and other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Passed) 2020-01-24 - Public Act . . . . . . . . . 101-0626 [SB0659 Detail]
Download: Illinois-2019-SB0659-Engrossed.html
Bill Title: Amends the Fire Sprinkler Contractor Licensing Act. Makes changes to a provision concerning qualifications for any person who performs certain inspection and testing duties before January 1, 2022. Provides that after December 31, 2021, any individual who performs certain inspection and testing duties must possess proof of (i) certification by a nationally recognized certification organization at an appropriate level, such as NICET Level III (instead of NICET Level II) in Inspection and Testing of Water Based Systems or the equivalent, (ii) a valid ASSE 15010 certification in "inspection, testing and maintenance for water-based fire protection systems", or (iii) satisfactory completion of a certified sprinkler fitter apprenticeship program approved by the United States Department of Labor. Provides that the requirements do not apply to individuals performing inspections or testing of fire sprinkler systems on behalf of a municipality, a county, a fire protection district, or the Office of the State Fire Marshal or to a stationary engineer, operating engineer, or other individual employed on a full-time basis by the facility owner or owner's representative performing weekly and monthly inspections and tests in accordance with applicable National Fire Protection Association standards. Makes conforming and other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Passed) 2020-01-24 - Public Act . . . . . . . . . 101-0626 [SB0659 Detail]
Download: Illinois-2019-SB0659-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.30 and by adding Section 4.40 as follows:
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6 | (5 ILCS 80/4.30) | ||||||
7 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
8 | Acts are repealed on January 1, 2020: | ||||||
9 | The Auction License Act. | ||||||
10 | The Community Association Manager Licensing and | ||||||
11 | Disciplinary Act. | ||||||
12 | The Illinois Architecture Practice Act of 1989. | ||||||
13 | The Illinois Landscape Architecture Act of 1989. | ||||||
14 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
15 | The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||||||
16 | The Perfusionist Practice Act.
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17 | The Pharmacy Practice Act. | ||||||
18 | The Professional Engineering Practice Act of 1989. | ||||||
19 | The Real Estate License Act of 2000. | ||||||
20 | The Structural Engineering Practice Act of 1989. | ||||||
21 | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | ||||||
22 | 100-863, eff. 8-14-18.)
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1 | (5 ILCS 80/4.40 new) | ||||||
2 | Sec. 4.40. Act repealed on January 1, 2030. The following | ||||||
3 | Act is repealed on January 1, 2030: | ||||||
4 | The Pharmacy Practice Act.
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5 | Section 10. The Pharmacy Practice Act is amended by | ||||||
6 | changing Sections 30, 33, 35.3, 35.5, 35.9, 35.10 and 35.21 as | ||||||
7 | follows:
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8 | (225 ILCS 85/30) (from Ch. 111, par. 4150)
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9 | (Section scheduled to be repealed on January 1, 2020)
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10 | Sec. 30. Refusal, revocation, suspension, or other | ||||||
11 | discipline. | ||||||
12 | (a) The Department may refuse to issue or renew, or may | ||||||
13 | revoke a license, or may suspend, place on probation, fine, or | ||||||
14 | take any disciplinary or non-disciplinary action as the | ||||||
15 | Department may deem proper, including fines not to exceed | ||||||
16 | $10,000 for each violation, with regard to any licensee for any | ||||||
17 | one or combination of the following causes:
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18 | 1. Material misstatement in furnishing information to | ||||||
19 | the Department.
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20 | 2. Violations of this Act, or the rules promulgated | ||||||
21 | hereunder.
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22 | 3. Making any misrepresentation for the purpose of | ||||||
23 | obtaining licenses.
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24 | 4. A pattern of conduct which demonstrates |
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1 | incompetence or unfitness
to practice.
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2 | 5. Aiding or assisting another person in violating any | ||||||
3 | provision of
this Act or rules.
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4 | 6. Failing, within 60 days, to respond to a written | ||||||
5 | request made by
the Department for information.
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6 | 7. Engaging in unprofessional, dishonorable, or | ||||||
7 | unethical conduct of
a character likely to deceive, defraud | ||||||
8 | or harm the public.
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9 | 8. Adverse action taken by another state or | ||||||
10 | jurisdiction against a license or other authorization to | ||||||
11 | practice as a pharmacy, pharmacist, registered certified | ||||||
12 | pharmacy technician, or registered pharmacy technician | ||||||
13 | that is the same or substantially equivalent to those set | ||||||
14 | forth in this Section, a certified copy of the record of | ||||||
15 | the action taken by the other state or jurisdiction being | ||||||
16 | prima facie evidence thereof.
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17 | 9. Directly or indirectly giving to or receiving from | ||||||
18 | any person, firm,
corporation, partnership, or association | ||||||
19 | any fee, commission, rebate
or other form of compensation | ||||||
20 | for any professional services not actually
or personally | ||||||
21 | rendered. Nothing in this item 9 affects any bona fide | ||||||
22 | independent contractor or employment arrangements among | ||||||
23 | health care professionals, health facilities, health care | ||||||
24 | providers, or other entities, except as otherwise | ||||||
25 | prohibited by law. Any employment arrangements may include | ||||||
26 | provisions for compensation, health insurance, pension, or |
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1 | other employment benefits for the provision of services | ||||||
2 | within the scope of the licensee's practice under this Act. | ||||||
3 | Nothing in this item 9 shall be construed to require an | ||||||
4 | employment arrangement to receive professional fees for | ||||||
5 | services rendered.
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6 | 10. A finding by the Department that the licensee, | ||||||
7 | after having his
license placed on probationary status has | ||||||
8 | violated the terms of probation.
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9 | 11. Selling or engaging in the sale of drug samples | ||||||
10 | provided at no
cost by drug manufacturers.
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11 | 12. Physical illness, including but not limited to, | ||||||
12 | deterioration through
the aging process, or loss of motor | ||||||
13 | skill which results in the inability
to practice the | ||||||
14 | profession with reasonable judgment, skill or safety.
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15 | 13. A finding that licensure or registration has been | ||||||
16 | applied for or
obtained by fraudulent means.
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17 | 14. Conviction by plea of guilty or nolo contendere, | ||||||
18 | finding of guilt, jury verdict, or entry of judgment or | ||||||
19 | sentencing, including, but not limited to, convictions, | ||||||
20 | preceding sentences of supervision, conditional discharge, | ||||||
21 | or first offender probation, under the laws of any | ||||||
22 | jurisdiction of the United States that is (i) a felony or | ||||||
23 | (ii) a misdemeanor, an essential element of which is | ||||||
24 | dishonesty, or that is directly related to the practice of | ||||||
25 | pharmacy.
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26 | 15. Habitual or excessive use or addiction to alcohol, |
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1 | narcotics, stimulants
or any other chemical agent or drug | ||||||
2 | which results in the inability
to practice with reasonable | ||||||
3 | judgment, skill or safety.
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4 | 16. Willfully making or filing false records or reports | ||||||
5 | in the practice
of pharmacy, including, but not limited to | ||||||
6 | false records to support
claims against the medical | ||||||
7 | assistance program of the Department of Healthcare and | ||||||
8 | Family Services (formerly Department of
Public Aid) under | ||||||
9 | the Public Aid Code.
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10 | 17. Gross and willful overcharging for professional | ||||||
11 | services including
filing false statements for collection | ||||||
12 | of fees for which services are
not rendered, including, but | ||||||
13 | not limited to, filing false statements
for collection of | ||||||
14 | monies for services not rendered from the medical
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15 | assistance program of the Department of Healthcare and | ||||||
16 | Family Services (formerly Department of Public Aid) under | ||||||
17 | the Public Aid Code.
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18 | 18. Dispensing prescription drugs without receiving a
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19 | written or oral prescription in violation of law.
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20 | 19. Upon a finding of a substantial discrepancy in a | ||||||
21 | Department audit
of a prescription drug, including | ||||||
22 | controlled substances, as that term
is defined in this Act | ||||||
23 | or in the Illinois Controlled Substances Act.
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24 | 20. Physical or mental illness or any other impairment | ||||||
25 | or disability, including, without limitation: (A) | ||||||
26 | deterioration through the aging process or loss of motor |
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1 | skills that
results in the inability to practice with
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2 | reasonable judgment, skill or safety; or (B) mental | ||||||
3 | incompetence,
as declared
by a court of competent | ||||||
4 | jurisdiction.
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5 | 21. Violation of the Health Care Worker Self-Referral | ||||||
6 | Act.
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7 | 22. Failing to sell or dispense any drug, medicine, or | ||||||
8 | poison in good
faith. "Good faith", for the purposes of | ||||||
9 | this Section, has the meaning
ascribed
to it in subsection | ||||||
10 | (u) of Section 102 of the Illinois Controlled Substances
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11 | Act. "Good faith", as used in this item (22), shall not be | ||||||
12 | limited to the sale or dispensing of controlled substances, | ||||||
13 | but shall apply to all prescription drugs.
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14 | 23. Interfering with the professional judgment of a | ||||||
15 | pharmacist by
any licensee under this Act, or the | ||||||
16 | licensee's agents or employees.
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17 | 24. Failing to report within 60 days to the Department
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18 | any adverse final action taken against a pharmacy, | ||||||
19 | pharmacist, registered pharmacy technician, or registered | ||||||
20 | certified pharmacy technician by another licensing | ||||||
21 | jurisdiction in any other state or any territory of the | ||||||
22 | United States or any foreign jurisdiction, any | ||||||
23 | governmental agency, any law enforcement agency, or any | ||||||
24 | court for acts or conduct similar to acts or conduct that | ||||||
25 | would constitute grounds for discipline as defined in this | ||||||
26 | Section. |
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1 | 25. Failing to comply with a subpoena issued in | ||||||
2 | accordance with Section 35.5 of this Act.
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3 | 26. Disclosing protected health information in | ||||||
4 | violation of any State or federal law. | ||||||
5 | 27. Willfully failing to report an instance of | ||||||
6 | suspected abuse, neglect, financial exploitation, or | ||||||
7 | self-neglect of an eligible adult as defined in and | ||||||
8 | required by the Adult Protective Services Act. | ||||||
9 | 28. Being named as an abuser in a verified report by | ||||||
10 | the Department on Aging under the Adult Protective Services | ||||||
11 | Act, and upon proof by clear and convincing evidence that | ||||||
12 | the licensee abused, neglected, or financially exploited | ||||||
13 | an eligible adult as defined in the Adult Protective | ||||||
14 | Services Act. | ||||||
15 | (b) The Department may refuse to issue or may suspend the | ||||||
16 | license of any person who fails to file a return, or to pay the | ||||||
17 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
18 | final assessment
of tax, penalty or interest, as required by | ||||||
19 | any tax Act administered by the
Illinois Department of Revenue, | ||||||
20 | until such time as the requirements of any
such tax Act are | ||||||
21 | satisfied.
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22 | (c) The Department shall revoke any license issued under | ||||||
23 | the provisions of this Act or any prior Act of
this State of | ||||||
24 | any person who has been convicted a second time of committing
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25 | any felony under the Illinois Controlled Substances Act, or who
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26 | has been convicted a second time of committing a Class 1 felony |
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1 | under
Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
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2 | person whose license issued under the
provisions of this Act or | ||||||
3 | any prior Act of this State is revoked under this
subsection | ||||||
4 | (c) shall be prohibited from engaging in the practice of
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5 | pharmacy in this State.
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6 | (d) Fines may be imposed in conjunction with other forms of | ||||||
7 | disciplinary action, but shall not be the exclusive disposition | ||||||
8 | of any disciplinary action arising out of conduct resulting in | ||||||
9 | death or injury to a patient. Fines shall be paid within 60 | ||||||
10 | days or as otherwise agreed to by the Department. Any funds | ||||||
11 | collected from such fines shall be deposited in the Illinois | ||||||
12 | State Pharmacy Disciplinary Fund.
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13 | (e) The entry of an order or judgment by any circuit court | ||||||
14 | establishing that any person holding a license or certificate | ||||||
15 | under this Act is a person in need of mental treatment operates | ||||||
16 | as a suspension of that license. A licensee may resume his or | ||||||
17 | her practice only upon the entry of an order of the Department | ||||||
18 | based upon a finding by the Board that he or she has been | ||||||
19 | determined to be recovered from mental illness by the court and | ||||||
20 | upon the Board's recommendation that the licensee be permitted | ||||||
21 | to resume his or her practice.
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22 | (f) The Department shall issue quarterly to the Board a | ||||||
23 | status of all
complaints related to the profession received by | ||||||
24 | the Department.
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25 | (g) In enforcing this Section, the Board or the Department, | ||||||
26 | upon a showing of a possible violation, may compel any licensee |
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1 | or applicant for licensure under this Act to submit to a mental | ||||||
2 | or physical examination or both, as required by and at the | ||||||
3 | expense of the Department. The examining physician, or | ||||||
4 | multidisciplinary team involved in providing physical and | ||||||
5 | mental examinations led by a physician consisting of one or a | ||||||
6 | combination of licensed physicians, licensed clinical | ||||||
7 | psychologists, licensed clinical social workers, licensed | ||||||
8 | clinical professional counselors, and other professional and | ||||||
9 | administrative staff, shall be those specifically designated | ||||||
10 | by the Department. The Board or the Department may order the | ||||||
11 | examining physician or any member of the multidisciplinary team | ||||||
12 | to present testimony concerning this mental or physical | ||||||
13 | examination of the licensee or applicant. No information, | ||||||
14 | report, or other documents in any way related to the | ||||||
15 | examination shall be excluded by reason of any common law or | ||||||
16 | statutory privilege relating to communication between the | ||||||
17 | licensee or applicant and the examining physician or any member | ||||||
18 | of the multidisciplinary team. The individual to be examined | ||||||
19 | may have, at his or her own expense, another physician of his | ||||||
20 | or her choice present during all aspects of the examination. | ||||||
21 | Failure of any individual to submit to a mental or physical | ||||||
22 | examination when directed shall result in the automatic | ||||||
23 | suspension of his or her license until such time as the | ||||||
24 | individual submits to the examination. If the Board or | ||||||
25 | Department finds a pharmacist, registered certified pharmacy | ||||||
26 | technician, or registered pharmacy technician unable to |
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1 | practice because of the reasons set forth in this Section, the | ||||||
2 | Board or Department shall require such pharmacist, registered | ||||||
3 | certified pharmacy technician, or registered pharmacy | ||||||
4 | technician to submit to care, counseling, or treatment by | ||||||
5 | physicians or other appropriate health care providers approved | ||||||
6 | or designated by the Department as a condition for continued, | ||||||
7 | restored reinstated , or renewed licensure to practice. Any | ||||||
8 | pharmacist, registered certified pharmacy technician, or | ||||||
9 | registered pharmacy technician whose license was granted, | ||||||
10 | continued, restored reinstated , renewed, disciplined, or | ||||||
11 | supervised, subject to such terms, conditions, or | ||||||
12 | restrictions, and who fails to comply with such terms, | ||||||
13 | conditions, or restrictions or to complete a required program | ||||||
14 | of care, counseling, or treatment, as determined by the chief | ||||||
15 | pharmacy coordinator, shall be referred to the Secretary for a | ||||||
16 | determination as to whether the licensee shall have his or her | ||||||
17 | license suspended immediately, pending a hearing by the Board. | ||||||
18 | In instances in which the Secretary immediately suspends a | ||||||
19 | license under this subsection (g), a hearing upon such person's | ||||||
20 | license must be convened by the Board within 15 days after such | ||||||
21 | suspension and completed without appreciable delay. The | ||||||
22 | Department and Board shall have the authority to review the | ||||||
23 | subject pharmacist's, registered certified pharmacy | ||||||
24 | technician's, or registered pharmacy technician's record of | ||||||
25 | treatment and counseling regarding the impairment.
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26 | (h) An individual or organization acting in good faith, and |
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1 | not in a willful and wanton manner, in complying with this | ||||||
2 | Section by providing a report or other information to the | ||||||
3 | Board, by assisting in the investigation or preparation of a | ||||||
4 | report or information, by participating in proceedings of the | ||||||
5 | Board, or by serving as a member of the Board shall not, as a | ||||||
6 | result of such actions, be subject to criminal prosecution or | ||||||
7 | civil damages. | ||||||
8 | (i) Members of the Board shall have no liability in any | ||||||
9 | action based upon any disciplinary proceedings or other | ||||||
10 | activity performed in good faith as a member of the Board be | ||||||
11 | indemnified by the State for any actions occurring within the | ||||||
12 | scope of services on the Board, done in good faith, and not | ||||||
13 | willful and wanton in nature . The Attorney General shall defend | ||||||
14 | all such actions unless he or she determines either that there | ||||||
15 | would be a conflict of interest in such representation or that | ||||||
16 | the actions complained of were not in good faith or were | ||||||
17 | willful and wanton. | ||||||
18 | If the Attorney General declines representation, the | ||||||
19 | member shall have the right to employ counsel of his or her | ||||||
20 | choice, whose fees shall be provided by the State, after | ||||||
21 | approval by the Attorney General, unless there is a | ||||||
22 | determination by a court that the member's actions were not in | ||||||
23 | good faith or were willful and wanton. | ||||||
24 | The member must notify the Attorney General within 7 days | ||||||
25 | of receipt of notice of the initiation of any action involving | ||||||
26 | services of the Board. Failure to so notify the Attorney |
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1 | General shall constitute an absolute waiver of the right to a | ||||||
2 | defense and indemnification. | ||||||
3 | The Attorney General shall determine, within 7 days after | ||||||
4 | receiving such notice, whether he or she will undertake to | ||||||
5 | represent the member. | ||||||
6 | (Source: P.A. 100-497, eff. 9-8-17.)
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7 | (225 ILCS 85/33) (from Ch. 111, par. 4153)
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8 | (Section scheduled to be repealed on January 1, 2020)
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9 | Sec. 33. The Secretary may, upon receipt of a
written | ||||||
10 | communication from the Secretary of Human Services, the | ||||||
11 | Director of Healthcare and Family Services (formerly Director | ||||||
12 | of
Public Aid), or the Director of Public Health
that | ||||||
13 | continuation of practice of a person
licensed or registered | ||||||
14 | under this Act constitutes an immediate danger
to the public, | ||||||
15 | immediately suspend the license of such
person without a | ||||||
16 | hearing. In instances in which the Secretary immediately
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17 | suspends a license under this Act, a hearing
upon such person's | ||||||
18 | license must be convened by the Board within 15 days
after such | ||||||
19 | suspension and completed without appreciable delay, such
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20 | hearing held to determine whether to recommend to the Secretary | ||||||
21 | that
the person's license be revoked, suspended, placed on | ||||||
22 | probationary
status or restored reinstated , or such person be | ||||||
23 | subject to other disciplinary
action. In such hearing, the | ||||||
24 | written communication and any other evidence
submitted | ||||||
25 | therewith may be introduced as evidence against such person;
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1 | provided however, the person, or his counsel, shall have the | ||||||
2 | opportunity
to discredit or impeach such evidence and submit | ||||||
3 | evidence rebutting
same.
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4 | (Source: P.A. 100-497, eff. 9-8-17.)
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5 | (225 ILCS 85/35.3) (from Ch. 111, par. 4155.3)
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6 | (Section scheduled to be repealed on January 1, 2020)
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7 | Sec. 35.3.
The Department,
at its expense, shall preserve a | ||||||
8 | record of all proceedings at the formal
hearing of any case | ||||||
9 | involving the refusal to issue, renew or discipline
of a | ||||||
10 | license. The notice of hearing, complaint and all other | ||||||
11 | documents
in the nature of pleadings and written motions filed | ||||||
12 | in the proceedings,
the transcript of testimony, the report of | ||||||
13 | the Board or hearing officer, exhibits,
and orders of the | ||||||
14 | Department shall be the record of such proceeding.
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15 | (Source: P.A. 85-796 .)
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16 | (225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
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17 | (Section scheduled to be repealed on January 1, 2020)
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18 | Sec. 35.5. The Department shall have power to subpoena
and | ||||||
19 | bring before it any person in this State and to take testimony,
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20 | either orally or by deposition or both, with the same fees and | ||||||
21 | mileage
and in the same manner as prescribed by law in judicial | ||||||
22 | proceedings
in civil cases in circuit courts of this State. The | ||||||
23 | Department may subpoena and compel the production of documents, | ||||||
24 | papers, files, books, and records in connection with any |
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1 | hearing or investigation.
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2 | The Secretary, hearing officer, and any member of the | ||||||
3 | Board, shall each have power to
administer oaths to witnesses | ||||||
4 | at any hearing which the Department is
authorized to conduct | ||||||
5 | under this Act, and any other oaths required
or authorized to | ||||||
6 | be administered by the Department hereunder.
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7 | (Source: P.A. 100-497, eff. 9-8-17.)
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8 | (225 ILCS 85/35.9) (from Ch. 111, par. 4155.9)
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9 | (Section scheduled to be repealed on January 1, 2020)
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10 | Sec. 35.9.
Whenever the Secretary Director is satisfied | ||||||
11 | that substantial justice has
not been done in the revocation, | ||||||
12 | suspension or refusal to issue or renew a
license or | ||||||
13 | registration, the Secretary Director may order a rehearing by | ||||||
14 | the same hearing
officer and Board.
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15 | (Source: P.A. 88-428 .)
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16 | (225 ILCS 85/35.10) (from Ch. 111, par. 4155.10)
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17 | (Section scheduled to be repealed on January 1, 2020)
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18 | Sec. 35.10. None of the disciplinary functions, powers and | ||||||
19 | duties
enumerated in this Act shall be exercised by the | ||||||
20 | Department except
upon the review
of the Board.
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21 | In all instances, under this Act, in which the Board has | ||||||
22 | rendered a
recommendation to the Director with respect to a | ||||||
23 | particular license
or certificate, the Director shall, in the | ||||||
24 | event that he or she disagrees
with or takes action contrary to |
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1 | the recommendation of the Board, file
with the Board his or her | ||||||
2 | specific written reasons
of disagreement with the Board.
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3 | (Source: P.A. 95-689, eff. 10-29-07 .)
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4 | (225 ILCS 85/35.21) | ||||||
5 | (Section scheduled to be repealed on January 1, 2020) | ||||||
6 | Sec. 35.21. Citations. | ||||||
7 | (a) The Department may shall adopt rules to permit the | ||||||
8 | issuance of citations to any licensee for any violation of this | ||||||
9 | Act or the rules. The citation shall be issued to the licensee | ||||||
10 | or other person alleged to have committed one or more | ||||||
11 | violations and shall contain the licensee's or other person's | ||||||
12 | name and address, the licensee's license number, if any, a | ||||||
13 | brief factual statement, the Sections of this Act or the rules | ||||||
14 | allegedly violated, and the penalty imposed, which shall not | ||||||
15 | exceed $1,000. The citation must clearly state that if the | ||||||
16 | cited person wishes to dispute the citation, he or she may | ||||||
17 | request in writing, within 30 days after the citation is | ||||||
18 | served, a hearing before the Department. If the cited person | ||||||
19 | does not request a hearing within 30 days after the citation is | ||||||
20 | served, then the citation shall become a final, | ||||||
21 | non-disciplinary order and any fine imposed is due and payable. | ||||||
22 | If the cited person requests a hearing within 30 days after the | ||||||
23 | citation is served, the Department shall afford the cited | ||||||
24 | person a hearing conducted in the same manner as a hearing | ||||||
25 | provided in this Act for any violation of this Act and shall |
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1 | determine whether the cited person committed the violation as | ||||||
2 | charged and whether the fine as levied is warranted. If the | ||||||
3 | violation is found, any fine shall constitute discipline and be | ||||||
4 | due and payable within 30 days of the order of the Secretary. | ||||||
5 | Failure to comply with any final order may subject the licensed | ||||||
6 | person to further discipline or other action by the Department | ||||||
7 | or a referral to the State's Attorney. | ||||||
8 | (b) A citation must be issued within 6 months after the | ||||||
9 | reporting of a violation that is the basis for the citation. | ||||||
10 | (c) Service of a citation shall be made in person, | ||||||
11 | electronically, or by mail to the licensee at the licensee's | ||||||
12 | address of record or email address of record. | ||||||
13 | (d) Nothing in this Section shall prohibit or limit the | ||||||
14 | Department from taking further action pursuant to this Act and | ||||||
15 | rules for additional, repeated, or continuing violations.
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16 | (Source: P.A. 100-497, eff. 9-8-17.)
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17 | (225 ILCS 85/2.5 rep.) | ||||||
18 | (225 ILCS 85/29 rep.) | ||||||
19 | (225 ILCS 85/35.12 rep.) | ||||||
20 | Section 15. The Pharmacy Practice Act is amended by | ||||||
21 | repealing Sections 2.5, 29, and 35.12.
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