Public Act 101-0311
 
SB0656 EnrolledLRB101 04417 JRG 49425 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
Section 4.30 and by adding Section 4.40 as follows:
 
    (5 ILCS 80/4.30)
    Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
    The Auction License Act.
    The Community Association Manager Licensing and
Disciplinary Act.
    The Illinois Architecture Practice Act of 1989.
    The Illinois Landscape Architecture Act of 1989.
    The Illinois Professional Land Surveyor Act of 1989.
    The Orthotics, Prosthetics, and Pedorthics Practice Act.
    The Perfusionist Practice Act.
    The Pharmacy Practice Act.
    The Professional Engineering Practice Act of 1989.
    The Real Estate License Act of 2000.
    The Structural Engineering Practice Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
100-863, eff. 8-14-18.)
 
    (5 ILCS 80/4.40 new)
    Sec. 4.40. Act repealed on January 1, 2030. The following
Act is repealed on January 1, 2030:
    The Perfusionist Practice Act.
 
    Section 10. The Perfusionist Practice Act is amended by
changing Sections 10, 15, 25, 30, 60, 65, 70, 75, 80, 90, 105,
115, 120, 125, 140, 150, 170, 185, 200, 210, and 220 and by
adding Sections 11, 26, and 31 as follows:
 
    (225 ILCS 125/10)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 10. Definitions. As used in this Act:
    "Address of Record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file maintained by the Department. It is the
duty of the applicant or licensee to inform the Department of
any change of address, and such changes must be made either
through the Department's website or by directly contacting the
Department.
    "Board" means the Board of Licensing for Perfusionists.
    "Department" means the Department of Financial and
Professional Regulation.
    "Email address of record" means the designated email
address of record by the Department in the applicant's
application file or the licensee's license file as maintained
by the Department's licensure maintenance unit.
    "Extracorporeal circulation" means the diversion of a
patient's blood through a heart-lung machine or a similar
device that assumes the functions of the patient's heart,
lungs, kidney, liver, or other organs.
    "New graduate perfusionist" means a perfusionist
practicing within a period of one year since the date of
graduation from a Commission on Accreditation of Allied Health
Education Programs accredited perfusion education program.
    "Perfusion" means the functions necessary for the support,
treatment, measurement, or supplementation of the
cardiovascular systems or other organs, or a combination of
those functions, and to ensure the safe management of
physiologic functions by monitoring and analyzing the
parameters of the systems under an order and under the
supervision of a physician licensed to practice medicine in all
its branches.
    "Perfusionist" means a person, qualified by academic and
clinical education, to operate the extracorporeal circulation
equipment during any medical situation where it is necessary to
support or replace a person's cardiopulmonary, circulatory, or
respiratory function. A perfusionist is responsible for the
selection of appropriate equipment and techniques necessary
for support, treatment, measurement, or supplementation of the
cardiopulmonary and circulatory system of a patient, including
the safe monitoring, analysis, and treatment of physiologic
conditions under an order and under the supervision of a
physician licensed to practice medicine in all its branches and
in coordination with a registered professional nurse.
    "Perfusion protocols" means perfusion related policies and
protocols developed or approved by a licensed health facility
or a physician through collaboration with administrators,
licensed perfusionists, and other health care professionals.
    "Physician" or "operating physician" means a person
licensed to practice medicine in all of its branches under the
Medical Practice Act of 1987.
    "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/11 new)
    Sec. 11. Address of record; email address of record. All
applicants and licensees 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 licensure or renewal of a license; 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 125/15)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 15. Functions, powers, Powers and duties of the
Department. The Department shall, subject Subject to the
provisions of this Act, exercise the following functions,
powers, and duties the Department may:
        (1) Authorize examinations to ascertain the fitness
    and qualifications of applicants for licensure and pass (a)
    Pass upon the qualifications of applicants for licensure by
    endorsement.
        (2) Adopt rules required for the administration of this
    Act (b) Conduct hearings on proceedings to refuse to issue
    or renew a license, or to revoke or suspend a license, or
    to place on probation, reprimand, or take any other
    disciplinary or non-disciplinary action with regard to a
    person licensed under this Act.
        (3) (c) Formulate rules required for the
    administration of this Act.
        (4) Conduct hearings on proceedings to refuse to issue
    or renew licenses, or to revoke, suspend, place on
    probation, or reprimand persons licensed under this Act (d)
    Obtain written recommendations from the Board regarding
    (i) curriculum content, standards of professional conduct,
    formal disciplinary actions, and the formulation of rules,
    and (ii) when petitioned by the applicant, opinions
    regarding the qualifications of applicants for licensing.
        (5) Issue licenses to those who meet the requirements
    of this Act (e) Maintain rosters of the names and address
    of all licensees, and all persons whose licenses have been
    suspended, revoked, or denied renewal for cause or
    otherwise disciplined within the previous calendar year.
    These rosters shall be available upon written request and
    payment of the required fee as established by rule.
        (6) Conduct investigations related to possible
    violations of this Act.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/25)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 25. Board of Licensing for Perfusionists.
    (a) The Secretary shall appoint a Board of Licensing for
Perfusionists which shall serve in an advisory capacity to the
Secretary. The Board shall consist be comprised of 5 members
who shall serve in an advisory capacity to the Secretary
persons appointed by the Secretary, who shall give due
consideration to recommendations by members of the profession
of perfusion and perfusion organizations within the State. All
shall be residents of Illinois. (b) Two members must hold an
active license to engage in the practice of perfusion in this
State. One , one member shall must be a physician licensed
under the Medical Practice Act of 1987 who is board certified
in and actively engaged in the practice of cardiothoracic
surgery. One , one member shall must be a licensed registered
professional nurse certified by the Association of
periOperative Registered Operating Room Nurses. In addition to
the 4 licensed members, there shall be , and one public member.
The public member shall not hold a license must be a member of
the public who is not licensed under this Act or a similar Act
of this State another jurisdiction and who shall have has no
connection with the profession of perfusion.
    (b) (c) Members shall serve 4-year terms and until their
successors are appointed and qualified, except that, of the
initial appointments, 2 members shall be appointed to serve for
2 years, 2 members shall be appointed to serve for 3 years, and
1 member shall be appointed to serve for 4 years, and until
their successors are appointed and qualified.
    (c) In appointing members to the Board, the Secretary shall
give due consideration to recommendations made by members and
organizations of the perfusionist profession.
    (d) The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
    (e) No member shall be reappointed to the Board for a term
that would cause his or her continuous service on the Board to
be longer than 8 consecutive years.
    (f) (d) Appointments to fill vacancies shall be made in the
same manner as original appointments for the unexpired portion
of the vacated term.
    (e) The Board shall annually elect a chairperson and a
vice-chairperson who shall preside in the absence of the
chairperson.
    (f) Insofar as possible, the licensed professionals
appointed to serve on the Board shall be generally
representative of the occupational and geographical
distribution of licensed professionals within this State.
    (g) The Secretary may remove or suspend any member for
cause at any time before the expiration of his or her term. The
Secretary shall be the sole arbiter of cause.
    (h) The Secretary may give due consideration to all
recommendations of the Board.
    (g) (i) Three Board members shall constitute a quorum. A
quorum is required for all Board decisions.
    (h) The Secretary may terminate the appointment of any
member for cause which in the opinion of the Secretary
reasonably justified such termination which may include, but is
not limited to, a Board member who does not attend 2
consecutive meetings.
    (i) Notice of proposed rulemaking shall be transmitted to
the Board and the Department shall review the response of the
Board and any recommendations made therein.
    (j) Members of the Board shall have no liability in any
action based upon disciplinary proceedings or other activity
performed in good faith as members of the Board.
    (k) Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
    (j) Except for willful or wanton misconduct, members of the
Board shall be immune from liability in any action based upon
any disciplinary proceeding or other activity performed in good
faith as a member of the Board.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/26 new)
    Sec. 26. Powers and duties of the Board. Subject to the
provisions of this Act, the Board shall exercise the following
functions, powers, and duties:
        (1) The Board shall hold at least 2 regular meetings
    each year.
        (2) The Board shall annually elect a Chairperson and a
    Vice Chairperson, both of whom shall be Illinois licensed
    perfusionists.
        (3) The Board, upon request by the Department, may make
    an evaluation to approve a perfusionist program,
    examination, or certification.
        (4) The Board shall assist the Department in conducting
    oral interviews, disciplinary conferences, informal
    conferences, and formal evidentiary hearings.
    The Department may at any time seek the expert advice and
knowledge of the Board on any matter related to the enforcement
of this Act.
 
    (225 ILCS 125/30)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 30. Application for licensure.
    (a) An application for an original initial license shall be
made to the Department in writing on forms or electronically as
prescribed by the Department and shall be accompanied by the
required nonrefundable fee, which shall not be refundable. All
applications shall contain information that, in the judgment of
the Department, will enable the Department to pass on the
qualifications of the applicant for a license as a
perfusionist. An application shall require information that,
in the judgment of the Department, will enable the Department
to evaluate the qualifications of an applicant for licensure.
    (b) If an applicant fails to obtain a license under this
Act within 3 years after filing his or her application, the
application shall be denied, the fee shall be forfeited, and
the applicant must reapply and meet the requirements in effect
at the time of reapplication. The applicant may make a new
application, which shall be accompanied by the required
nonrefundable fee. The applicant shall be required to meet the
qualifications required for licensure at the time of
reapplication.
    A person shall be qualified for licensure as a perfusionist
if that person:
        (1) has applied to the Department for licensure in
    accordance with this Section;
        (2) has not violated a provision of Section 110 of this
    Act; in addition the Department may take into consideration
    any felony conviction of the applicant, but a conviction
    shall not operate as an absolute bar to licensure; and
        (3) has successfully completed the examination
    provided by the American Board of Cardiovascular Perfusion
    (ABCP) or its successor agency or a substantially
    equivalent examination approved by the Department;
        (4) has met the requirements for certification set
    forth by the American Board of Cardiovascular Perfusion or
    its successor agency; and
        (5) has graduated from a school accredited by the
    Commission on the Accreditation of Allied Health Education
    Programs (CAAHEP) or a similar accrediting body approved by
    the Department.
(Source: P.A. 91-580, eff. 1-1-00.)
 
    (225 ILCS 125/31 new)
    Sec. 31. Qualification. A person shall be qualified for
licensure as a perfusionist if that person:
        (1) has applied to the Department for licensure in
    accordance with this Act;
        (2) has not violated any provision of this Act; and
        (3) has met the requirements for licensure as set forth
    by this Act and rules.
 
    (225 ILCS 125/60)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 60. Display of license; change of address. A licensee
shall maintain on file at all times during which the licensee
provides services in a health care facility a true and correct
copy of the license certificate in the appropriate records of
the facility.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/65)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 65. Endorsement Licensure by endorsement.
    (a) The Department may, upon application in writing on
forms or electronically accompanied by the required fee, issue
a license as a perfusionist to an applicant who is a
perfusionist licensed under the law of another state, the
District of Columbia, territory, or country, if the
requirements for licensure in that jurisdiction were, at the
date of original licensure, substantially equivalent to the
requirements in force in this State.
    (b) An applicant who holds a current certificate as a
certified clinical perfusionist issued by the American Board of
Cardiovascular Perfusion, or its equivalent, as approved by the
Department, prior to January 1, 1999 may apply for endorsement
as stated in subsection (a) of this Section.
    (c) If the accuracy of any submitted documentation or
relevance or sufficiency of the course work or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies, or conflicts in information given,
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
    (d) Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
The Department may, in its discretion, license as a
perfusionist, without examination and on payment of the
required fee, an applicant who (1) is licensed as a
perfusionist under the laws of another state, territory, or
country, if the requirements for licensure in that state,
territory, or country in which the applicant was licensed were,
at the date of his or her licensure, substantially equal to the
requirements in force in this State on that date or (2) holds a
current certificate as a certified clinical perfusionist
issued by the American Board of Cardiovascular Perfusion
(ABCP), or its successor organization, prior to January 1,
1999.
(Source: P.A. 91-580, eff. 1-1-00.)
 
    (225 ILCS 125/70)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 70. Renewal, reinstatement, or restoration of
license; persons in military service.
    (a) The expiration date and renewal period for each license
issued under this Act shall be set by the Department by rule.
The holder of a license A licensee may renew the his or her
license during the month preceding the expiration date of the
license by paying the required fee. It is the responsibility of
the licensee to notify the Department in writing of a change of
address.
    (b) A licensee who has permitted his or her license to
expire or who has had his or her license placed on inactive
status may have his or her the license restored by making
application to the Department, and by filing proof acceptable
to the Department of his or her fitness to have the license
restored, including, but not limited to, sworn practice in
another jurisdiction satisfactory to the Department and by
paying the required fees as determined by rule. Proof of
fitness may include sworn evidence certifying to active lawful
practice in another jurisdiction.
    (c) A perfusionist If the licensee has not maintained an
active practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation
program established by rule, his or her fitness for restoration
of the license and shall establish procedures and requirements
for restoration. However, a licensee whose license has expired
while engaged he or she was (1) in federal service on active
duty with the Armed Forces of the United States or the State
Militia called into service or training, or (2) in training or
education under the supervision of the United States before
induction into the military service, may have the license
restored or reinstated without paying any lapsed
reinstatement, renewal, or restoration fees if within 2 years
after honorable termination other than by dishonorable
discharge of such the service, training, or education and he or
she furnishes the Department is furnished with satisfactory
evidence to the effect that the licensee he or she has been so
engaged in the practice of perfusion and that such and that his
or her service, training, or education has been so terminated.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/75)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 75. Continuing education. The Department may adopt
rules of continuing education for persons licensed under this
Act. The Department shall consider the recommendations of the
Board in establishing the guidelines for continuing education
requirements. The requirements of this Section shall apply to
any person seeking renewal or restoration under Sections 70 and
80 of this Act licensees that require 30 hours of continuing
education per 2 year license renewal cycle. The rules shall
address variances in part or in whole for good cause, including
without limitation temporary illness or hardship. The
Department may approve continuing education programs offered,
provided, and approved by the American Board of Cardiovascular
Perfusion, or its successor agency. The Department may approve
additional continuing education sponsors. Each licensee is
responsible for maintaining records of his or her completion of
the continuing education and shall be prepared to produce the
records when requested by the Department.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/80)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 80. Inactive status. A person licensed under this Act
licensee who notifies the Department, in writing on forms
prescribed by the Department, may elect to place his or her
license on an inactive status and shall, subject to rules of
the Department, be excused from payment of renewal fees until
he or she notifies the Department in writing of his or her
intention to restore the license. A licensee requesting
restoration from inactive status shall pay the current renewal
fee and shall restore his or her license in accordance with
Section 70 of this Act. A licensee whose license is on inactive
status shall not practice as a perfusionist in this State. A
licensee who engages in practice as a perfusionist while his or
her license is lapsed or on inactive status shall be considered
to be practicing without a license, which shall be grounds for
discipline under Section 105 of this Act.
(Source: P.A. 91-580, eff. 1-1-00.)
 
    (225 ILCS 125/90)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 90. Fees; deposit of fees and fines.
    (a) The Department shall provide set by rule for a schedule
of fees to be paid for licenses by applicants for the
administration of this Act, including, but not limited to, fees
for initial and renewal licensure and restoration of a license.
All The fees are shall be nonrefundable.
    (b) The fees for the administration and enforcement of the
Act, including but not limited to original licensure, renewal,
and restoration shall be set by rule by the Department.
    (c) (b) All of the fees and fines collected as authorized
under this Act shall be deposited into the General Professions
Dedicated Fund. The monies deposited into the Fund shall be
appropriated to the Department for expenses of the Department
in the administration of this Act.
(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
    (225 ILCS 125/105)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 105. Grounds for disciplinary action Disciplinary
actions.
    (a) The Department may refuse to issue, renew, or restore a
license, or may revoke, or suspend a license, or may place on
probation, reprimand, or take any other disciplinary or
non-disciplinary action as the Department may deem proper with
regard to a person licensed under this Act, including but not
limited to the imposition of fines not to exceed $10,000 per
for each violation with regard to any license issued under this
Act, for any one or a any combination of the following reasons
causes:
        (1) Making a material misstatement in furnishing
    information to the Department.
        (2) Negligence, incompetence, or misconduct in the
    practice of perfusion Violation of this Act or any rule
    promulgated under this Act.
        (3) Failure to comply with any provisions of this Act
    or any of its rules Conviction of, or entry of a plea of
    guilty or nolo contendere to, any crime that is a felony
    under the laws of the United States or any state or
    territory thereof, or any crime that is a misdemeanor of
    which an essential element is dishonesty, or any crime that
    is directly related to the practice as a perfusionist.
        (4) Fraud or any misrepresentation in applying for or
    procuring a license under this Act or in connection with
    applying for renewal or restoration of a license under this
    Act Making a misrepresentation for the purpose of
    obtaining, renewing, or restoring a license.
        (5) Purposefully making false statements or signing
    false statements, certificates, or affidavits to induce
    payment Aiding or assisting another person in violating a
    provision of this Act or its rules.
        (6) Conviction of or entry of a plea of guilty or nolo
    contendere, finding of guilt, jury verdict, or entry of
    judgment or sentencing, 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, that is directly related to the
    practice of the profession of perfusion Failing to provide
    information within 60 days in response to a written request
    made by the Department.
        (7) Aiding or assisting another in violating any
    provision of this Act or its rules 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) Failing to provide information in response to a
    written request made by the Department within 60 days after
    receipt of such written request Discipline by another
    state, the District of Columbia, or territory, or a 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) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public as defined by rule 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 licensee'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) Habitual or excessive use or abuse of drugs
    defined in law as controlled substances, of alcohol,
    narcotics, stimulants, or any other substances that
    results in the inability to practice with reasonable
    judgment, skill, or safety A finding by the Board that the
    licensee, after having his or her license placed on
    probationary status, has violated the terms of probation.
        (11) A finding by the Department that an applicant or
    licensee has failed to pay a fine imposed by the Department
    Wilfully making or filing false records or reports in his
    or her practice, including but not limited to false records
    or reports filed with State agencies or departments.
        (12) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation, or failed to
    comply with such terms Wilfully making or signing a false
    statement, certificate, or affidavit to induce payment.
        (13) Inability to practice the profession with
    reasonable judgment, skill, or safety as a result of
    physical illness, including, but not limited to,
    deterioration through the aging process, loss of motor
    skill, mental illness, or disability Wilfully failing to
    report an instance of suspected child abuse or neglect as
    required under the Abused and Neglected Child Reporting
    Act.
        (14) Discipline by another state, territory, foreign
    country, the District of Columbia, the United States
    government, or any other government agency if at least one
    of the grounds for discipline is the same or substantially
    equivalent to those set forth in this Act 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 licensee has caused a child to be an
    abused child or neglected child as defined in the Abused
    and Neglected Child Reporting Act.
        (15) The making of any willfully false oath or
    affirmation in any matter or proceeding where an oath or
    affirmation is required by this Act Employment of fraud,
    deception, or any unlawful means in applying for or
    securing a license as a perfusionist.
        (16) Using or attempting to use an expired, inactive,
    suspended, or revoked license, or the certificate or seal
    of another, or impersonating another licensee Allowing
    another person to use his or her license to practice.
        (17) Directly or indirectly giving to or receiving from
    any person or entity any fee, commission, rebate, or other
    form of compensation for any professional service not
    actually or personally rendered Failure to report to the
    Department (A) any adverse final action taken against the
    licensee by another 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.
        (18) Willfully making or filing false records or
    reports related to the licensee's practice, including, but
    not limited to, false records filed with federal or State
    agencies or departments Inability to practice the
    profession with reasonable judgment, skill or safety as a
    result of a physical illness, including but not limited to
    deterioration through the aging process or loss of motor
    skill, or a mental illness or disability.
        (19) Willfully failing to report an instance of
    suspected child abuse or neglect as required under the
    Abused and Neglected Child Reporting Act Inability to
    practice the profession for which he or she is licensed
    with reasonable judgment, skill, or safety as a result of
    habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug.
        (20) 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 licensee
    has caused a child to be an abused child or neglected child
    as defined in the Abused and Neglected Child Reporting Act
    Gross malpractice.
        (21) Immoral conduct in the commission of an act
    related to the licensee's practice, including but not
    limited to sexual abuse, sexual misconduct, or sexual
    exploitation.
        (22) Violation of the Health Care Worker Self-Referral
    Act.
        (23) Solicitation of business or professional
    services, other than permitted advertising.
        (24) Conviction of or cash compromise of a charge or
    violation of the Illinois Controlled Substances Act.
        (25) Gross, willful, or continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not rendered.
        (26) Practicing under a false name or, except as
    allowed by law, an assumed name.
        (27) Violating any provision of this Act or the rules
    promulgated under this Act, including, but not limited to,
    advertising.
    (b) A licensee or applicant who, because of a physical or
mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling or treatment by physicians approved or
designated by the Department, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling or treatment as
required by the Department shall not be considered discipline
of the licensee. If the licensee refuses to enter into a care,
counseling or treatment agreement or fails to abide by the
terms of the agreement the Department may file a complaint to
suspend or revoke the license or otherwise discipline the
licensee. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in the disciplinary actions involving physical
or mental illness or impairment.
    (b-5) The Department may refuse to issue or may suspend,
without a hearing as provided for in the Civil Administrative
Code of Illinois, the license of a person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
    (c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
licensee is no longer subject to the involuntary admission or
judicial admission and issues an order so finding and
discharging the licensee; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
    (b) (d) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or Board
may order the examining physician to present testimony
concerning his or her examination of the licensee or applicant.
No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The licensee or applicant may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of a
licensee or applicant to submit to any such examination when
directed, without reasonable cause as defined by rule, shall be
grounds for either the immediate suspension of his or her
license or immediate denial of his or her application.
        (1) If the Secretary immediately suspends the license
    of a licensee for his or her failure to submit to a mental
    or physical examination when directed, a hearing must be
    convened by the Department within 15 days after the
    suspension and completed without appreciable delay.
        (2) If the Secretary otherwise suspends a license
    pursuant to the results of the licensee's mental or
    physical examination, a hearing must be convened by the
    Department within 15 days after the suspension and
    completed without appreciable delay. The Department and
    Board shall have the authority to review the licensee's
    record of treatment and counseling regarding the relevant
    impairment or impairments to the extent permitted by
    applicable federal statutes and regulations safeguarding
    the confidentiality of medical records.
        (3) Any licensee suspended or otherwise affected under
    this subsection (b) (d) shall be afforded an opportunity to
    demonstrate to the Department or Board that he or she can
    resume practice in compliance with the acceptable and
    prevailing standards under the provisions of his or her
    license.
    (c) The determination by a circuit court that a licensee 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 a finding by a court that the licensee is no
longer subject to the involuntary admission or judicial
admission and issues an order so finding and discharging the
licensee; and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice.
    (d) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department shall refuse to issue or renew or shall revoke or
suspend that person's license or shall 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 subdivision (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
    (e) The Department shall deny a license or renewal
authorized by this Act to a person who has failed to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any 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 Professional Regulation Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 98-756, eff. 7-16-14.)
 
    (225 ILCS 125/115)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 115. Injunction Injunctive action; cease and desist
order.
    (a) If any person violates the provisions of this Act, the
Secretary, in the name of the People of the State of Illinois,
through the Attorney General or the State's Attorney of the
county in which the violation is alleged to have occurred, may
petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a
verified petition, the court with appropriate jurisdiction may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin the violation. If
it is established that the person has violated or is violating
the injunction, the court may punish the offender for contempt
of court. Proceedings under this Section are in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
    (b) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon the Department and shall allow at
least 7 days from the date of the rule to file an answer
satisfactory to the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued.
    (c) If a person practices as a perfusionist or holds
himself or herself out as a perfusionist without being licensed
under this Act, then any licensee under this Act, interested
party, or person injured thereby, in addition to the Secretary
or State's Attorney, may petition for relief as provided in
subsection (a) of this Section.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/120)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 120. Investigation; notice; hearing.
    (a) The Department may investigate the actions of any
applicant or of any person or entity holding or claiming to
hold a perfusionist license under this Act.
    (b) The Department shall, before disciplining an applicant
or licensee, refusing to issue or renew, suspending, or
revoking a license or taking other discipline pursuant to
Section 105 of this Act, and at least 30 days prior to the date
set for the hearing, (i) notify in writing the applicant or
licensee of the any charges made and the time and the place for
the hearing on the charges, (ii) direct the applicant or
licensee him or her to file a written answer to the charges
with the Board under oath within 20 days after the service on
him or her of the notice, and shall direct the applicant or
licensee to file a written answer to the Department under oath
within 20 days after the service on him or her of the notice
and (iii) inform the applicant or licensee accused that failure
to file a written answer to the charges will result in a
default being entered against the applicant or licensee , if he
or she fails to answer, default will be taken against him or
her or that his or her license may be suspended, revoked, or
placed on probationary status, or other disciplinary action may
be taken with regard to the licensee, including limiting the
scope, nature, or extent of practice, as the Department may
consider proper.
    (c) Written or electronic notice, and any notice in the
subsequent proceeding, may be served by personal delivery, by
email, or by mail to the applicant or licensee at his or her
address of record or email address of record.
    (d) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any statement pertinent
statements, testimony, evidence, and argument as may be
pertinent to the charges or to their defense arguments. The
Board or hearing officer may continue the hearing from time to
time.
    (e) In case the licensee or applicant person, after
receiving the notice, fails to file an answer, his or her
license may, in the discretion of the Secretary Department,
having first received the recommendation of the Board, be
suspended, revoked, or placed on probationary status, or be
subject to the Department may take whatever disciplinary action
the Secretary it considers proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act. The written notice may be served by personal delivery
or by certified mail to the address of record or the address
specified by the accused in his or her last communication with
the Department.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/125)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 125. Record of proceedings.
    (a) The Department, at its expense, shall preserve a record
of all proceedings at the formal hearing of any case in which a
license under this Act may be revoked, suspended, placed on
probationary status, reprimanded, fined, or subjected to other
disciplinary action with reference to the license when a
disciplinary action is authorized under this Act and rules at a
formal hearing conducted pursuant to Section 120 of this Act.
The notice of hearing, complaint, and all other documents in
the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board or hearing officer, and orders of the Department shall be
the record of the proceeding. The record may be made available
to any The Department shall supply a transcript of the record
to a person interested in the hearing on payment of the fee
required under Section 2105-115 of the Department of
Professional Regulation Law.
    (b) The Department may contract for court reporting
services, and, if it does so, the Department shall provide the
name and contact information for the certified shorthand
reporter who transcribed the testimony at a hearing to any
person interested, who may obtain a copy of the transcript of
any proceedings at a hearing upon payment of the fee specified
by the certified shorthand reporter.
(Source: P.A. 99-642, eff. 7-28-16.)
 
    (225 ILCS 125/140)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 140. Subpoena; depositions; oaths.
    (a) The Department has the power to subpoena documents,
books, records or other materials and to bring before it any
person and to take testimony either orally or by deposition,
with the same fees and mileage and in the same manner as is
prescribed in civil cases in circuit courts of this State.
    (b) The Secretary, the designated hearing officer, and any
Board member has the power to administer oaths to witnesses at
any hearing that the Department is authorized to conduct, and
any other oaths authorized in any Act administered by the
Department.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/150)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 150. Hearing; motion for Board; rehearing.
    (a) The Board or hearing officer appointed by the Secretary
shall hear evidence in support of the formal charges and
evidence produced by the licensee. At the conclusion of the
hearing, the Board or hearing officer shall present to the
Secretary a written report of its findings of fact, conclusions
of law, and recommendations. If the Board fails to present its
report, the applicant or licensee may request in writing a
direct appeal to the Secretary, in which case the Secretary may
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.
    (b) At the conclusion of the hearing, a copy of the Board's
report shall be served upon the applicant or licensee by the
Department, either personally or as provided in this Act for
the service of a notice of hearing. Within 20 days after such
the service, the applicant or licensee may present to the
Department a motion in writing for a rehearing, which shall
specify the particular grounds for a rehearing. The Department
may respond to the motion for rehearing within 20 days after
its service on the Department. If no motion for rehearing is
filed, then upon the expiration of the specified time for
filing such a motion, or upon denial of if a motion for
rehearing is denied, then upon the denial the Secretary may
enter an order in accordance with the recommendations of the
Board or hearing officer , except as provided in Section 160 of
this Act. If the applicant or licensee orders a transcript of
the record from the reporting service and pays for a the
transcript of the record 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 applicant or licensee.
    (c) If the Secretary disagrees in any regard with the
report of the Board, the Secretary may issue an order contrary
to the report.
    (d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by the same or another hearing officer.
    (e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/170)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 170. Hearing officer. Notwithstanding any provision
of this Act, the The Secretary shall have the authority to
appoint an attorney licensed to practice law in this State to
serve as the hearing officer in any action for refusal to
issue, restore, or renew a license or to discipline a licensee.
The Board may have at least one member present at any hearing
conducted by the hearing officer. The hearing officer shall
have full authority to conduct the hearing. A Board member or
members may attend the hearing. The hearing officer shall
report his or her findings of fact, conclusions of law, and
recommendations to the Secretary and the Board. The Board shall
have 60 days from receipt of the report to review the report of
the hearing officer and to present its findings of fact,
conclusions of law, and recommendations to the Secretary and to
all parties to the proceeding. 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 such 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 of 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 in
accordance with such order. If (i) a direct appeal is
requested, (ii) the Board fails to issue its findings of fact,
conclusions of law, and recommendations within its 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 the foregoing, should the
Secretary, upon review, determine that substantial justice has
not been done in the revocation, suspension, or refusal to
issue or renew a license, or other disciplinary action taken
per the result of the entry of such hearing officer's report,
the Secretary may order a rehearing by the same or another
examiner. If the Secretary disagrees with the recommendation of
the Board or hearing officer, he or she may issue an order in
contravention of the recommendation.
(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
    (225 ILCS 125/185)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 185. Restoration from disciplinary status of a
suspended or revoked license.
    (a) At any time after the successful completion of a term
of probation, suspension, or revocation of a license, the
Department may restore the license it to the licensee upon
written recommendation of the Board unless, after an
investigation and a hearing, the Department Board determines
that restoration is not in the public interest.
    (b) Where circumstances of suspension or revocation so
indicate, or on the recommendation of the Board, the Department
may require an examination of the licensee before restoring his
or her license.
    (c) No person whose license has been revoked as authorized
in this Act may apply for restoration of that license until
such time as provided for in the Civil Administrative Code of
Illinois.
    (d) A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration and a
licensee restoring his or her license from suspension or
revocation must comply with the requirements for restoration as
set forth in Section 70 of this Act and any related rules
adopted.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/200)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 200. Temporary Summary suspension of a license. The
Secretary may temporarily summarily suspend the license of a
perfusionist without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 120 of this Act, if the Secretary finds that evidence
in the Secretary's possession indicates that continuation in
practice would constitute an imminent danger to the public. If
In the event the Secretary suspends a license of a licensed
perfusionist without a hearing, a hearing must be commenced
within 30 days after the suspension has occurred and shall be
concluded as expeditiously as may be practical.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/210)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 210. Administrative review Review Law.
    (a) All final administrative decisions of the Department
are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
    (b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party seeking
review resides. If the party seeking review is not a resident
of this State, venue shall be in Sangamon County.
    (c) The Department shall not be required to certify any
record to the court or file any answer in court, or to
otherwise appear in any 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.
    (d) Failure on part of the plaintiff to file a receipt in
court shall be grounds for dismissal of the action.
    (e) During the pendency and hearing of any and all judicial
proceedings incident to a disciplinary action, the sanctions
imposed upon the applicant or licensee by the Department shall
remain in full force and effect.
(Source: P.A. 91-580, eff. 1-1-00.)
 
    (225 ILCS 125/220)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 220. Unlicensed practice; violations; civil
penalties.
    (a) Any No person who practices shall practice, offers
offer to practice, attempts attempt to practice, or holds hold
himself or herself out to practice as a perfusionist without
being licensed or exempt a license issued by the Department to
that person under this Act shall, in . (b) In addition to any
other penalty provided by law, a person who violates subsection
(a) of this Section shall pay a civil penalty to the Department
in an amount not to exceed $10,000 for each offense as
determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provisions of a hearing for the discipline of a licensee of
this Act.
    (b) (c) The Department may has the authority and power to
investigate any actual, alleged, or suspected and all
unlicensed activity.
    (c) (d) The civil penalty assessed under this Act shall be
paid within 60 days after the effective date of the order
imposing the civil penalty. The order shall constitute a final
judgment and may be filed and execution had thereon in the same
manner as a judgment from a court of record.
    (d) A person or entity not licensed under this Act who has
violated any provision of this Act or its rules is guilty of a
Class A misdemeanor for the first offense and a Class 4 felony
for a second and subsequent offenses. (e) All moneys collected
under this Section shall be deposited into the General
Professions Dedicated Fund.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 125/95 rep.)
    (225 ILCS 125/100 rep.)
    (225 ILCS 125/135 rep.)
    (225 ILCS 125/145 rep.)
    (225 ILCS 125/155 rep.)
    (225 ILCS 125/212 rep.)
    (225 ILCS 125/215 rep.)
    (225 ILCS 125/225 rep.)
    (225 ILCS 125/227 rep.)
    Section 15. The Perfusionist Practice Act is amended by
repealing Sections 95, 100, 135, 145, 155, 212, 215, 225, and
227.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.