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| Public Act 103-0387
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| SB1716 Enrolled | LRB103 27343 AMQ 53715 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by |
changing Sections 4.34 and 4.39 as follows:
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(5 ILCS 80/4.34) |
Sec. 4.34. Acts and Section repealed on January 1, 2024. |
The following Acts and
Section of an Act are repealed
on |
January 1, 2024: |
The Crematory Regulation Act. |
The Electrologist Licensing Act. |
The Illinois Certified Shorthand Reporters Act of |
1984. |
The Illinois Occupational Therapy Practice Act. |
The Illinois Public Accounting Act. |
The Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and Locksmith Act of 2004. |
The Registered Surgical Assistant and Registered |
Surgical Technologist
Title Protection Act. |
Section 2.5 of the Illinois Plumbing License Law.
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The Veterinary Medicine and Surgery Practice Act of |
2004. |
(Source: P.A. 102-291, eff. 8-6-21.)
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(5 ILCS 80/4.39) |
Sec. 4.39. Acts repealed on January 1, 2029 and December |
31, 2029. |
(a) The following Act is repealed on January 1, 2029: |
The Environmental Health Practitioner Licensing Act. |
The Registered Surgical Assistant and Registered |
Surgical Technologist Title Protection Act. |
(b) The following Act is repealed on December 31, 2029: |
The Structural Pest Control Act.
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(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; |
101-81, eff. 7-12-19.)
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Section 10. The Registered Surgical Assistant and |
Registered Surgical
Technologist Title Protection Act is |
amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120, |
and 150 and by adding Section 12 as follows:
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(225 ILCS 130/10)
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(Section scheduled to be repealed on January 1, 2024)
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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 registrant's |
application file or registration file as maintained by the |
Department's licensure maintenance unit. It is the duty of the |
applicant or registrant to inform the Department of any change |
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of address and those changes must be made either through the |
Department's website or by contacting the Department. |
"Department" means the Department of Financial and |
Professional Regulation.
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"Direct supervision" means supervision by a licensed |
physician, licensed
podiatric physician, or licensed dentist |
who is
physically present and who personally directs delegated |
acts and remains
available to personally respond to an |
emergency until the patient
is released from the operating |
room.
A registered professional nurse may
also
provide direct |
supervision within the scope of his or her license. A
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registered surgical assistant or registered surgical |
technologist shall perform
duties as assigned.
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"Email address of record" means the designated email |
address recorded by the Department in the applicant's |
application file or the licensee's license file, as maintained |
by the Department's licensure maintenance unit. |
"Physician" means a person licensed to practice
medicine |
in all of
its branches under the Medical Practice Act of 1987.
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"Registered surgical assistant" means a person who (i) is |
not
licensed to
practice
medicine in all of its branches, (ii) |
is certified by the National Commission for the Certification |
of Surgical Assistants National Surgical
Assistant
Association |
as a Certified Surgical Assistant, the National Board of |
Surgical Technology and Surgical Assisting as a Certified |
Surgical First Assistant, or
the American Board of Surgical |
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Assistants as a Surgical Assistant-Certified, (iii) performs |
duties under direct
supervision, (iv) provides services only |
in a licensed hospital, ambulatory
treatment center, or office |
of a physician licensed to practice medicine in all
its |
branches, and (v) is registered
under this Act.
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"Registered surgical technologist" means a person who (i) |
is not
a physician licensed to
practice
medicine in all of its |
branches, (ii) is certified by the National Board for Surgical |
Technology and Surgical Assisting,
(iii) performs duties under |
direct supervision, (iv) provides services only in
a licensed |
hospital, ambulatory treatment center, or office of a |
physician
licensed to practice medicine in all its branches, |
and (v) is registered
under this Act.
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"Secretary" means the Secretary of Financial and |
Professional Regulation. |
(Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13; |
98-756, eff. 7-16-14.)
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(225 ILCS 130/12 new) |
Sec. 12. Address of record; email address of record. All |
applicants and registrants 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 registration or renewal of a registration; |
and |
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(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 130/20)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 20. Illinois Administrative Procedure Act. The |
Illinois
Administrative Procedure Act is expressly adopted and |
incorporated in
this Act as if all of the provisions of the |
Illinois Administrative Procedure
Act were included in this |
Act,
except that the provision of subsection (d) of Section |
10-65 of the Illinois
Administrative Procedure Act that |
provides that at hearings the registrant has
the right to show |
compliance with all lawful requirements for retention,
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continuation, or renewal of the registration is specifically |
excluded. For
purposes of this Act, the notice required under |
Section 10-25 of the Illinois
Administrative Procedure Act is |
deemed sufficient when mailed to the registrant's address of |
record or email address of record.
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(Source: P.A. 98-364, eff. 12-31-13.)
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(225 ILCS 130/30)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 30. Social Security Number or individual taxpayer |
identification number on registration application. In addition
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to any other information required to be contained in the |
application, every
application for an original certificate of |
registration
under this Act shall
include the applicant's |
Social Security Number or individual taxpayer identification |
number, which shall be retained in the agency's records |
pertaining to the registration. As soon as practical, the |
Department shall assign a customer's identification number to |
each applicant for a registration. |
Every application for a renewed, reinstated, or restored |
registration shall require the applicant's customer |
identification number.
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(Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
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(225 ILCS 130/75)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 75. Grounds for disciplinary action.
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(a) The Department may refuse to issue, renew, or restore |
a
registration, may revoke or suspend a registration, or may |
place on
probation, reprimand, or take other disciplinary or |
non-disciplinary
action with regard to a person registered |
under this Act,
including, but not limited to, the imposition |
of fines not to
exceed $10,000 for each violation and the |
assessment of costs as provided for in Section 90, for any one |
or combination
of the following 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) Violating a provision of this Act or rules adopted |
under this Act.
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(3) Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or by |
sentencing of any crime, 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, or that is directly related to the |
practice of the profession.
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(4) Fraud or misrepresentation in applying for, |
renewing, restoring, reinstating, or procuring a |
registration under this Act.
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(5) Aiding or assisting another person in
violating a |
provision of this Act or its rules.
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(6) Failing to provide information within 60 days
in |
response to a written request made by the Department.
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(7) Engaging in dishonorable, unethical, or
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unprofessional conduct of a character likely to deceive,
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defraud, or harm the public, as defined by rule of the
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Department.
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(8) Discipline by another United States
jurisdiction, |
governmental agency, unit of government, or foreign |
nation, if at least one of the
grounds for discipline is |
the same or substantially
equivalent to those set forth in |
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this Section.
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(9) 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 registrant'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) A finding by the Department that the registrant, |
after
having the his or her registration placed on |
probationary status,
has violated the terms of probation.
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(11) Willfully making or filing false records or
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reports in the his or her practice, including, but not |
limited
to, false records or reports filed with State |
agencies.
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(12) Willfully making or signing a false statement,
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certificate, or affidavit to induce payment.
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(13) Willfully failing to report an instance of
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suspected child abuse or neglect as required under the
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Abused and Neglected Child Reporting Act.
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(14) Being named as a perpetrator in an indicated
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report by the Department of Children and Family Services
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under the Abused and Neglected Child Reporting Act and
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upon proof by clear and convincing evidence that the
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registrant has caused a child to be an abused child or
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neglected child as defined in the Abused and Neglected
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Child Reporting Act.
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(15) (Blank).
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(16) Failure to report to the Department (A) any
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adverse final action taken against the registrant by
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another registering or 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.
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(17) Habitual or excessive use or abuse of drugs |
defined in law as controlled substances, alcohol, or any |
other substance that results in the inability to practice |
with reasonable judgment, skill, or safety.
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(18) Physical or mental illness, including, but not |
limited to,
deterioration through the aging process or |
loss of motor
skills, which results in the inability to |
practice the
profession for which the person he or she is |
registered with
reasonable judgment, skill, or safety.
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(19) Gross malpractice.
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(20) Immoral conduct in the commission of an act |
related to the
registrant's practice, including, but not |
limited to, sexual abuse, sexual
misconduct,
or sexual |
exploitation.
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(21) Violation of
the Health Care Worker Self-Referral |
Act.
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(b) The Department may refuse to issue or may suspend |
without hearing the
registration of a person who fails to file |
a return, to pay the
tax, penalty, or interest shown in a filed |
return, or to pay
a final assessment of the tax, penalty, or |
interest as
required by a 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 Regulation Law of the Civil |
Administrative Code of Illinois.
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(c) The determination by a circuit court that a registrant
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is subject to involuntary admission or judicial admission as
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provided in the Mental Health and Developmental Disabilities
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Code operates as an automatic suspension. The suspension will
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end only upon (1) a finding by a court that the patient is no
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longer subject to involuntary admission or judicial
admission, |
(2) issuance of an order so finding and
discharging the |
patient, and (3) filing of a petition for restoration |
demonstrating fitness to practice.
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(d) (Blank). |
(e) In cases where the Department of Healthcare and Family |
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Services has previously determined a registrant or a potential |
registrant is more than 30 days delinquent in the payment of |
child support and has subsequently certified the delinquency |
to the Department, the Department may refuse to issue or renew |
or may revoke or suspend that person's registration or may |
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 paragraph (5) of subsection (a) of Section 2105-15 of the |
Department of Professional Regulation Law of the Civil |
Administrative Code of Illinois. |
(f) In enforcing this Section, the Department, upon a |
showing of a possible violation, may compel any individual |
registered under this Act or any individual who has applied |
for registration to submit to a mental or physical examination |
and evaluation, or both, that may include a substance abuse or |
sexual offender evaluation, at the expense of the Department. |
The Department shall specifically designate the examining |
physician licensed to practice medicine in all of its branches |
or, if applicable, the multidisciplinary team involved in |
providing the mental or physical examination and evaluation, |
or both. The multidisciplinary team shall be led by a |
physician licensed to practice medicine in all of its branches |
and may consist of one or more or a combination of physicians |
licensed to practice medicine in all of its branches, licensed |
chiropractic physicians, licensed clinical psychologists, |
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licensed clinical social workers, licensed clinical |
professional counselors, and other professional and |
administrative staff. Any examining physician or member of the |
multidisciplinary team may require any person ordered to |
submit to an examination and evaluation pursuant to this |
Section to submit to any additional supplemental testing |
deemed necessary to complete any examination or evaluation |
process, including, but not limited to, blood testing, |
urinalysis, psychological testing, or neuropsychological |
testing. |
The Department may order the examining physician or any |
member of the multidisciplinary team to provide to the |
Department any and all records, including business records, |
that relate to the examination and evaluation, including any |
supplemental testing performed. The Department may order the |
examining physician or any member of the multidisciplinary |
team to present testimony concerning this examination and |
evaluation of the registrant or applicant, including testimony |
concerning any supplemental testing or documents relating to |
the examination and evaluation. No information, report, |
record, or other documents in any way related to the |
examination and evaluation shall be excluded by reason of any |
common law or statutory privilege relating to communication |
between the registrant or applicant and the examining |
physician or any member of the multidisciplinary team. No |
authorization is necessary from the registrant or applicant |
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ordered to undergo an evaluation and examination for the |
examining physician or any member of the multidisciplinary |
team to provide information, reports, records, or other |
documents or to provide any testimony regarding the |
examination and evaluation. The individual to be examined may |
have, at the individual's his or her own expense, another |
physician of the individual's his or her choice present during |
all aspects of the examination. |
Failure of any individual to submit to mental or physical |
examination and evaluation, or both, when directed, shall |
result in an automatic suspension without a hearing until such |
time as the individual submits to the examination. If the |
Department finds a registrant unable to practice because of |
the reasons set forth in this Section, the Department shall |
require such registrant to submit to care, counseling, or |
treatment by physicians approved or designated by the |
Department as a condition for continued, reinstated, or |
renewed registration. |
When the Secretary immediately suspends a registration |
under this Section, a hearing upon such person's registration |
must be convened by the Department within 15 days after such |
suspension and completed without appreciable delay. The |
Department shall have the authority to review the registrant's |
record of treatment and counseling regarding the impairment to |
the extent permitted by applicable federal statutes and |
regulations safeguarding the confidentiality of medical |
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records. |
Individuals registered under this Act and affected under |
this Section shall be afforded an opportunity to demonstrate |
to the Department that they can resume practice in compliance |
with acceptable and prevailing standards under the provisions |
of their registration. |
(g) All fines imposed under this Section shall be paid |
within 60 days after the effective date of the order imposing |
the fine or in accordance with the terms set forth in the order |
imposing the fine. |
(Source: P.A. 100-872, eff. 8-14-18.)
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(225 ILCS 130/85)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 85. Investigation; notice; hearing.
The Department |
may
investigate
the
actions of a person applying for, holding, |
or claiming to hold a certificate of
registration. The |
Department shall, before refusing to issue or renew a |
registration or taking other disciplinary or non-disciplinary |
action
pursuant to Section 75 of
this Act, and at
least 30 days |
prior to the date set for the hearing, (i) notify in writing |
the
applicant or registrant of the charges made and the time |
and place for a hearing of the charges, (ii) direct the |
applicant or registrant to file a
written
answer to the |
Department under oath within 20 days after the service of the
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notice, and (iii) inform the applicant or registrant that |
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failure to file an answer
will
result in default being taken |
against the applicant or registrant. |
Written notice and any notice in the subsequent proceeding |
may be served by registered or certified mail to
the |
applicant's or registrant's address of record or, if in the |
course of the administrative proceeding the party has |
previously designated a specific email address at which to |
accept electronic service for that specific proceeding, by |
sending a copy by email to the party's email address on record. |
If the person fails to file an answer after receiving
notice, |
his or her certificate of registration may, in the discretion |
of the
Department, be
suspended, revoked, or placed on |
probationary status or the Department may take
whatever |
disciplinary or non-disciplinary action deemed proper, |
including limiting the delegated
tasks
or the imposition of a |
fine, without
a hearing, if the act or acts charged constitute |
sufficient grounds for such
action under this Act. At the time |
and place fixed in the notice, the
Department shall proceed to |
hearing of the charges and the parties and their counsel shall |
be afforded ample opportunity to present any pertinent |
statements, testimony, evidence, and arguments. The Department |
may continue a
hearing from time to time.
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(Source: P.A. 98-364, eff. 12-31-13.)
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(225 ILCS 130/110)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 110. Motion for rehearing. In a case involving the |
refusal to
issue
or renew a registration or the discipline of a |
registrant, a copy of the
hearing officer's
report shall be |
served upon the respondent by the
Department, as provided |
under Section 20 of this Act. Within 20 days after
the service, |
the respondent may present to the Secretary Department a
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motion in writing for a rehearing, which shall specify
the |
particular grounds for a rehearing. If no motion for rehearing
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is filed, then upon the expiration of the time specified for
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filing the motion, or if a motion for rehearing is denied,
then |
upon the denial, the Secretary may enter an order in
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accordance with recommendations of the hearing officer |
Department,
except as provided in Section 115 or 120 of this |
Act. If
the respondent orders a transcript of the record from |
the reporting service
and
pays for the transcript 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 respondent.
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(Source: P.A. 98-364, eff. 12-31-13.)
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(225 ILCS 130/115)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 115. Order of Secretary. The Secretary's order shall |
be based on the
recommendations contained in the hearing |
officer's Department report unless the
Secretary disagrees in |
any regard with the report of the
hearing officer Department, |
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in which case the Secretary he or she may issue an order in
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contravention of the report. The
hearing officer's report and |
Secretary's order are not
admissible in evidence against the |
person in a criminal
prosecution brought for a violation of |
this Act, but the
hearing, report, and order are not a bar to a |
criminal
prosecution brought for the violation of this Act.
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(Source: P.A. 98-364, eff. 12-31-13.)
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(225 ILCS 130/120)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 120. Hearing officer. The Secretary shall have the |
authority
to
appoint an attorney
licensed to practice law in |
this State to serve as the
hearing officer in a hearing |
authorized under Section 90 of this Act.
The hearing officer |
shall have full authority
to conduct the hearing. The hearing |
officer
shall report the hearing officer's his or her findings |
of fact, conclusions of law,
and recommendations to the |
Secretary Department.
If the Secretary disagrees in any regard |
with the
report of the hearing officer Department, the |
Secretary he or she may issue
an order in contravention of the |
report. The Secretary
shall provide a written explanation to |
the Department on
a deviation from the Department's report and |
shall specify with
particularity the reasons for his or her |
deviation in the
final order.
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(Source: P.A. 98-364, eff. 12-31-13.)
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(225 ILCS 130/150)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 150. Certificate of record. The Department shall
not |
be required to certify any record to a court or file an
answer |
in court or otherwise appear in a 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. Exhibits shall be certified without cost.
Failure |
on the part of the plaintiff to file a receipt in
court shall |
be grounds for dismissal of the action.
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(Source: P.A. 98-364, eff. 12-31-13.)
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Section 99. Effective date. This Section and Section 5 |
take effect upon becoming law.
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INDEX
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Statutes amended in order of appearance
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