Public Act 103-0387

SB1716 Enrolled LRB103 27343 AMQ 53715 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Regulatory Sunset Act is amended by

changing Sections 4.34 and 4.39 as follows:

(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 Acts and Section repealed on January 1, 2024.

The following Acts and Section of an Act are repealed on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.

The Veterinary Medicine and Surgery Practice Act of

2004.

(Source: P.A. 102-291, eff. 8-6-21.)

(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 Acts repealed on January 1, 2029 and December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(a) The following Act is repealed on January 1, 2029: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(b) The following Act is repealed on December 31, 2029: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.

(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;

101-81, eff. 7-12-19.)

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:

(225 ILCS 130/10)

(Section scheduled to be repealed on January 1, 2024)

Sec. 10. Definitions. As used in this Act:

"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

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.

"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

registered surgical assistant or registered surgical

technologist shall perform duties as assigned.

"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.

"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

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.

"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.

"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.)

(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

(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.

(225 ILCS 130/20)

(Section scheduled to be repealed on January 1, 2024)

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,

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.

(Source: P.A. 98-364, eff. 12-31-13.)

(225 ILCS 130/30)

(Section scheduled to be repealed on January 1, 2024)

Sec. 30. Social Security Number or individual taxpayer

identification number on registration application. In addition

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.

(Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)

(225 ILCS 130/75)

(Section scheduled to be repealed on January 1, 2024)

Sec. 75. Grounds for disciplinary action.

(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:

(1) Making a material misstatement in furnishing

information to the Department.

(2) Violating a provision of this Act or rules adopted

under this Act.

(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.

(4) Fraud or misrepresentation in applying for,

renewing, restoring, reinstating, or procuring a

registration under this Act.

(5) Aiding or assisting another person in violating a

provision of this Act or its rules.

(6) Failing to provide information within 60 days in

response to a written request made by the Department.

(7) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public, as defined by rule of the

Department.

(8) 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

this Section.

(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.

(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.

(11) Willfully making or filing false records or

reports in the his or her practice, including, but not

limited to, false records or reports filed with State

agencies.

(12) Willfully making or signing a false statement,

certificate, or affidavit to induce payment.

(13) Willfully failing to report an instance of

suspected child abuse or neglect as required under the

Abused and Neglected Child Reporting Act.

(14) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act and

upon proof by clear and convincing evidence that the

registrant has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(15) (Blank).

(16) Failure to report to the Department (A) any

adverse final action taken against the registrant by

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.

(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.

(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.

(19) Gross malpractice.

(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.

(21) Violation of the Health Care Worker Self-Referral

Act.

(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.

(c) The determination by a circuit court that a registrant

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. The suspension will

end only upon (1) a finding by a court that the patient is no

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.

(d) (Blank).

(e) In cases where the Department of Healthcare and Family

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,

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

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

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.)

(225 ILCS 130/85)

(Section scheduled to be repealed on January 1, 2024)

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

notice, and (iii) inform the applicant or registrant that

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.

(Source: P.A. 98-364, eff. 12-31-13.)

(225 ILCS 130/110)

(Section scheduled to be repealed on January 1, 2024)

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

motion in writing for a rehearing, which shall specify the

particular grounds for a rehearing. If no motion for rehearing

is filed, then upon the expiration of the time specified for

filing the motion, or if a motion for rehearing is denied, then

upon the denial, the Secretary may enter an order in

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.

(Source: P.A. 98-364, eff. 12-31-13.)

(225 ILCS 130/115)

(Section scheduled to be repealed on January 1, 2024)

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,

in which case the Secretary he or she may issue an order in

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.

(Source: P.A. 98-364, eff. 12-31-13.)

(225 ILCS 130/120)

(Section scheduled to be repealed on January 1, 2024)

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.

(Source: P.A. 98-364, eff. 12-31-13.)

(225 ILCS 130/150)

(Section scheduled to be repealed on January 1, 2024)

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.

(Source: P.A. 98-364, eff. 12-31-13.)

Section 99. Effective date. This Section and Section 5

take effect upon becoming law.

INDEX Statutes amended in order of appearance