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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Environmental Health Practitioner Licensing | ||||||||||||||||||||||||||||||||||||
5 | Act is amended by changing Section 20 as follows:
| ||||||||||||||||||||||||||||||||||||
6 | (225 ILCS 37/20)
| ||||||||||||||||||||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2007)
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8 | Sec. 20. Qualifications for licensure
registration as an | ||||||||||||||||||||||||||||||||||||
9 | environmental health
practitioner.
A person is qualified to be | ||||||||||||||||||||||||||||||||||||
10 | licensed as an environmental
health practitioner if that | ||||||||||||||||||||||||||||||||||||
11 | person:
| ||||||||||||||||||||||||||||||||||||
12 | (1) Has applied in writing on the prescribed forms, has | ||||||||||||||||||||||||||||||||||||
13 | paid the
required fee, and holds one of the following:
| ||||||||||||||||||||||||||||||||||||
14 | (A) A Bachelor's Degree in environmental health | ||||||||||||||||||||||||||||||||||||
15 | science from
a college or university approved by the | ||||||||||||||||||||||||||||||||||||
16 | National Environmental Health
Association | ||||||||||||||||||||||||||||||||||||
17 | Accreditation Council for environmental health | ||||||||||||||||||||||||||||||||||||
18 | curricula or its
equivalent as approved by the | ||||||||||||||||||||||||||||||||||||
19 | Department.
| ||||||||||||||||||||||||||||||||||||
20 | (B) A Bachelor's Degree from an accredited college | ||||||||||||||||||||||||||||||||||||
21 | or university
which included a minimum of 30 semester | ||||||||||||||||||||||||||||||||||||
22 | hours or equivalent of
basic sciences acceptable to the | ||||||||||||||||||||||||||||||||||||
23 | Department and 12 months of full time
experience.
| ||||||||||||||||||||||||||||||||||||
24 | (C) A Master's Degree in public health or | ||||||||||||||||||||||||||||||||||||
25 | environmental health
science from an accredited | ||||||||||||||||||||||||||||||||||||
26 | college or university if the applicant has completed
a | ||||||||||||||||||||||||||||||||||||
27 | minimum of 30 semester or equivalent hours of basic | ||||||||||||||||||||||||||||||||||||
28 | science acceptable to the
Department.
| ||||||||||||||||||||||||||||||||||||
29 | (2) Passes an examination authorized by the | ||||||||||||||||||||||||||||||||||||
30 | Department. The examination
shall be of a character to give | ||||||||||||||||||||||||||||||||||||
31 | a fair test of the qualifications of the
applicant to | ||||||||||||||||||||||||||||||||||||
32 | practice as an environmental health practitioner.
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1 | (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97.)
| ||||||
2 | Section 10. The Marriage and Family Therapy Licensing Act | ||||||
3 | is amended by adding Section 58 as follows: | ||||||
4 | (225 ILCS 55/58 new) | ||||||
5 | Sec. 58. Unlicensed practice; violation; civil penalty. | ||||||
6 | (a) Any person who practices, offers to practice, attempts | ||||||
7 | to practice, or holds himself or herself out to practice as a | ||||||
8 | marriage and family therapist or associate marriage and family | ||||||
9 | therapist without being licensed or exempt under this Act | ||||||
10 | shall, in addition to any other penalty provided by law, pay a | ||||||
11 | civil penalty to the Department in an amount not to exceed | ||||||
12 | $5,000 for each offense, as determined by the Department. The | ||||||
13 | civil penalty shall be assessed by the Department after a | ||||||
14 | hearing is held in accordance with the provisions set forth in | ||||||
15 | this Act regarding the provision of a hearing for the | ||||||
16 | discipline of a licensee.
| ||||||
17 | (b) The Department may investigate any actual, alleged, or | ||||||
18 | suspected unlicensed activity.
| ||||||
19 | (c) The civil penalty shall be paid within 60 days after | ||||||
20 | the effective date of the order imposing the civil penalty. The | ||||||
21 | order shall constitute a final judgment and may be filed and | ||||||
22 | execution had thereon in the same manner as any judgment from | ||||||
23 | any court of record.
| ||||||
24 | Section 15. The Orthotics, Prosthetics, and Pedorthics | ||||||
25 | Practice Act is amended by changing Section 55 as follows:
| ||||||
26 | (225 ILCS 84/55)
| ||||||
27 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
28 | Sec. 55. Licensure requirement
Transition period .
| ||||||
29 | (a) (Blank)
Until January 1, 2002, a person certified as a | ||||||
30 | Certified Orthotist (CO),
Certified Prosthetist (CP), or | ||||||
31 | Certified Prosthetist Orthotist (CPO) by the
American
Board for | ||||||
32 | Certification in Prosthetics and Orthotics, Incorporated, or |
| |||||||
| |||||||
1 | holding
similar
certifications from other accrediting bodies | ||||||
2 | with equivalent educational
requirements
and examination | ||||||
3 | standards may apply for and shall be granted orthotic or
| ||||||
4 | prosthetic licensure under this Act upon payment of the | ||||||
5 | required fee. After
that date, any
applicant for licensure as | ||||||
6 | an orthotist or a prosthetist shall meet the
requirements of | ||||||
7 | subsection (a) of Section 40 of this Act .
| ||||||
8 | (b) (Blank)
Until January 1, 2002, a person certified as a | ||||||
9 | Certified Pedorthist
(CPed)
by the Board for Certification in | ||||||
10 | Pedorthics, Incorporated, or a person
certified as a
Certified | ||||||
11 | Orthotist (CO) or Certified Prosthetist Orthotist (CPO) by the
| ||||||
12 | American
Board for Certification in Prosthetics and Orthotics, | ||||||
13 | Incorporated, or holding
similar
certifications from other | ||||||
14 | accrediting bodies with equivalent educational
requirements
| ||||||
15 | and examination standards may apply for and shall be granted | ||||||
16 | pedorthic
licensure
under this Act upon payment of the required | ||||||
17 | fee. After that date, any
applicant for
licensure as a | ||||||
18 | pedorthist shall meet the requirements of subsection (b) of
| ||||||
19 | Section 40 of
this Act .
| ||||||
20 | (c) On and after January 1, 2002, no person shall practice | ||||||
21 | orthotics,
prosthetics, or pedorthics in this State or hold | ||||||
22 | himself or herself out as
being able to
practice either | ||||||
23 | profession, unless he or she is licensed in accordance with
| ||||||
24 | Section 40 of
this Act.
| ||||||
25 | (d) (Blank)
Notwithstanding any other provision of this | ||||||
26 | Section, a person who has
practiced full-time for the past 7 | ||||||
27 | years in a prosthetic/orthotic facility as
an orthotist,
| ||||||
28 | prosthetist, prosthetist/orthotist, assistant, or technician | ||||||
29 | or in a pedorthic
facility as a
pedorthist or pedorthic | ||||||
30 | technician on the effective date of this Act may file
an
| ||||||
31 | application with the Board within 60 days after the
enforcement
| ||||||
32 | of this Section begins pursuant to Section 56 of this Act
in | ||||||
33 | order to
continue to practice orthotics, prosthetics, or | ||||||
34 | pedorthics at his or her
identified level of
practice. The | ||||||
35 | applicant shall be issued a license or certificate of
| ||||||
36 | registration to practice
orthotics, prosthetics, or pedorthics |
| |||||||
| |||||||
1 | under the provisions of this Act without
examination upon | ||||||
2 | receipt by the Department of payment of the licensing or
| ||||||
3 | registration
fee required under Section 70 of this Act and | ||||||
4 | after the Board has completed an
investigation of the | ||||||
5 | applicant's work history. The Board shall complete its
| ||||||
6 | investigation for the purposes of this Section within 6 months | ||||||
7 | of the date of
the
application. The investigation may include, | ||||||
8 | but is not limited to, completion
by
the
applicant of a | ||||||
9 | questionnaire regarding the applicant's work history and scope
| ||||||
10 | of
practice .
| ||||||
11 | (Source: P.A. 91-590, eff. 1-1-00.)
| ||||||
12 | Section 20. The Interior Design Title Act is amended by | ||||||
13 | changing Sections 6 and 8 as follows:
| ||||||
14 | (225 ILCS 310/6) (from Ch. 111, par. 8206)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
16 | Sec. 6. Board of Interior Design Professionals. There is | ||||||
17 | created a
Board of Interior Design Professionals to be composed | ||||||
18 | of persons designated
from time to time by the Director, as | ||||||
19 | follows:
| ||||||
20 | (a) Seven
For the first year, 5 persons, 4 of whom have | ||||||
21 | been registered interior
designers for a period of 5 years or | ||||||
22 | more , 2 of whom have been registered residential interior | ||||||
23 | designers for a period of 5 years or more
who would qualify | ||||||
24 | upon
application to the Department under this Act to be
| ||||||
25 | registered interior designers , and one public member. After the | ||||||
26 | initial
appointments, each interior design member shall hold a | ||||||
27 | valid interior
design registration. After the effective date of | ||||||
28 | this amendatory Act of
1994, 2 additional persons shall be | ||||||
29 | appointed to the Board who have been
residential interior | ||||||
30 | designers for a period of 5 years or more and who would
qualify | ||||||
31 | upon application under this Act to be registered as a | ||||||
32 | residential
interior designer. After the initial appointments | ||||||
33 | of the 2 additional members,
each residential interior designer | ||||||
34 | member shall hold a valid residential
interior designer |
| |||||||
| |||||||
1 | registration. The Board shall annually elect a chairman.
| ||||||
2 | (b) Terms for all members shall be 3 years. For initial
| ||||||
3 | appointments, one member shall be appointed to serve for one | ||||||
4 | year, 2
shall be appointed to serve for 2 years, and the | ||||||
5 | remaining shall be
appointed to serve for 3 years and until | ||||||
6 | their successors are appointed
and qualified. Initial terms | ||||||
7 | shall begin on the effective date of this
Act. For the initial | ||||||
8 | appointments of the 2 additional members added by this
| ||||||
9 | amendatory Act of 1994, one shall be appointed to serve for one | ||||||
10 | year and the
other to serve for 2 years, and until their | ||||||
11 | successors are appointed and
qualified. Partial terms over 2 | ||||||
12 | years in length shall be considered as full
terms. A member may | ||||||
13 | be reappointed for a successive term, but no member shall
serve | ||||||
14 | more than 2 full terms.
| ||||||
15 | (c) The membership of the Board should reasonably reflect | ||||||
16 | representation
from the various geographic areas of the State.
| ||||||
17 | (d) In making appointments to the Board, the Director shall | ||||||
18 | give due
consideration to recommendations by national and state | ||||||
19 | organizations of the
interior design profession and the | ||||||
20 | residential interior design profession,
and shall promptly | ||||||
21 | give due notice to such organizations of any vacancy in the
| ||||||
22 | membership of the Board. The Director may terminate the | ||||||
23 | appointment of any
member for any cause, which in the opinion | ||||||
24 | of the Director, reasonably
justifies such termination. A | ||||||
25 | majority of Board members then appointed constitutes a quorum. | ||||||
26 | A majority vote of the quorum is required for a Board decision.
| ||||||
27 | (e) A vacancy in the membership of the Board shall not | ||||||
28 | impair the right
of a quorum to exercise all the rights and | ||||||
29 | perform all the duties of the Board.
| ||||||
30 | (f) The members of the Board shall each receive as | ||||||
31 | compensation a
reasonable sum as determined by the Director for | ||||||
32 | each day actually engaged
in the duties of the office, and all | ||||||
33 | legitimate and necessary expenses
incurred in attending the | ||||||
34 | meeting of the Board.
| ||||||
35 | (g) Members of the Board shall be immune from suit in any | ||||||
36 | action based
upon any disciplinary proceedings or other |
| |||||||
| |||||||
1 | activities performed in good
faith as members of the Board.
| ||||||
2 | (Source: P.A. 88-650, eff. 9-16-94.)
| ||||||
3 | (225 ILCS 310/8) (from Ch. 111, par. 8208)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
5 | Sec. 8. Requirements for registration.
| ||||||
6 | (a) Each applicant for registration shall apply to the | ||||||
7 | Department in
writing on a form provided by the Department. | ||||||
8 | Except as otherwise provided in
this Act, each applicant shall | ||||||
9 | take and pass the examination approved by the
Department. Prior | ||||||
10 | to registration, the applicant shall provide substantial
| ||||||
11 | evidence to the Board that the applicant:
| ||||||
12 | (1) is a graduate of a 5 year interior design program | ||||||
13 | from an
accredited institution and has completed at least 2 | ||||||
14 | years of full time
diversified interior design experience;
| ||||||
15 | (2) is a graduate of a 4 year interior design program | ||||||
16 | from an
accredited institution and has completed at least 2 | ||||||
17 | years of full time
diversified interior design experience;
| ||||||
18 | (3) has completed at least 3 years of interior design | ||||||
19 | curriculum
from an accredited institution and has | ||||||
20 | completed 3 years of full time
diversified interior design | ||||||
21 | experience;
| ||||||
22 | (4) is a graduate of a 2 year interior design program | ||||||
23 | from an
accredited institution and has completed 4 years of | ||||||
24 | full time diversified
interior design experience; or
| ||||||
25 | (5) holds a high school diploma or GED and has | ||||||
26 | completed 5 years of full
time diversified residential | ||||||
27 | interior design experience.
| ||||||
28 | (b) In addition to providing evidence of meeting the | ||||||
29 | requirements of
subsection (a):
| ||||||
30 | (1) Each applicant for registration as an interior | ||||||
31 | designer shall
provide substantial evidence that he or she | ||||||
32 | has successfully completed the
examination administered by | ||||||
33 | the National Council for Interior Design
Qualifications.
| ||||||
34 | (2) Each applicant for registration as a residential | ||||||
35 | interior designer
shall provide substantial evidence that |
| |||||||
| |||||||
1 | he or she has successfully completed
the examination | ||||||
2 | administered by the Council for Qualification of | ||||||
3 | Residential
Interior Designers.
| ||||||
4 | Examinations for applicants under this Act may be held at | ||||||
5 | the direction of
the Department from time to time but not less | ||||||
6 | than once each year. The scope
and form of the examination | ||||||
7 | shall conform to the National Council for Interior
Design | ||||||
8 | Qualification examination for interior designers and the | ||||||
9 | Council for
Qualification of Residential Interior Designers | ||||||
10 | for residential interior
designers.
| ||||||
11 | Each applicant for registration who possesses the | ||||||
12 | necessary
qualifications shall pay to the Department the | ||||||
13 | required registration fee,
which is not refundable.
| ||||||
14 | An individual applying for registration shall have 3 years | ||||||
15 | from the
date of application to complete the application | ||||||
16 | process. If the process
has not been completed in 3 years, the | ||||||
17 | application shall be denied and the
fee forfeited. The | ||||||
18 | applicant may reapply, but shall meet the requirements
in | ||||||
19 | effect at the time of reapplication.
| ||||||
20 | (c) (Blank).
If any applicant applies for registration | ||||||
21 | between January 1, 1993, and
January 31, 1993, and had | ||||||
22 | completed by June 30, 1992 at least 8 years of full
time, | ||||||
23 | diversified professional experience in interior design or a | ||||||
24 | combination
of full time experience and interior design | ||||||
25 | education to equal 8 years, the
applicant may be issued a | ||||||
26 | certificate of registration without examination.
Registration | ||||||
27 | under this subsection shall be subject to the Board's
| ||||||
28 | discretionary review of the experience qualification.
| ||||||
29 | Notwithstanding any other provisions in this Act, anyone | ||||||
30 | who has submitted
an application within 5 days after the | ||||||
31 | effective date of this amendatory Act of
1994 and has completed | ||||||
32 | at least 15 years of full-time, diversified professional
| ||||||
33 | experience in interior design may be issued a certificate of | ||||||
34 | registration
without examination.
| ||||||
35 | (c-5) (Blank).
If any applicant applies for registration as | ||||||
36 | a residential interior
designer within one year after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of
1994 and has completed | ||||||
2 | at least 5 years of full time, diversified professional
| ||||||
3 | experience in residential interior design or a combination of | ||||||
4 | full time
experience and residential interior design education | ||||||
5 | equal to 5 years, the
applicant may be issued a certificate of | ||||||
6 | registration without examination.
Registration under this | ||||||
7 | subsection shall be subject to the Board's
discretionary review | ||||||
8 | of the experience qualification.
| ||||||
9 | (d) Upon payment of the required fee, which shall be | ||||||
10 | determined by rule,
an applicant who is an architect licensed | ||||||
11 | under the laws of this State may,
without examination, be | ||||||
12 | granted registration as an interior designer or
residential | ||||||
13 | interior designer by the Department provided the applicant | ||||||
14 | submits
proof of an active architectural license in Illinois.
| ||||||
15 | (e) An interior designer registered under the laws of this | ||||||
16 | State may,
without examination or re-application, use the title | ||||||
17 | "Residential Interior
Designer".
| ||||||
18 | (Source: P.A. 87-756; 87-1237; 87-1269; 88-45; 88-650, eff. | ||||||
19 | 9-16-94.)
| ||||||
20 | Section 25. The Professional Service Corporation Act is | ||||||
21 | amended by changing Section 12 as follows:
| ||||||
22 | (805 ILCS 10/12) (from Ch. 32, par. 415-12)
| ||||||
23 | Sec. 12. No corporation shall open, operate or maintain an | ||||||
24 | establishment for any
of the purposes for which a corporation | ||||||
25 | may be organized under this Act
without a certificate of | ||||||
26 | registration from the regulating authority
authorized by law to | ||||||
27 | license individuals to engage in the profession or
related | ||||||
28 | professions concerned. Application for such registration shall | ||||||
29 | be
made in writing, and shall contain the name and address of | ||||||
30 | the corporation,
and such other information as may be required | ||||||
31 | by the regulating authority , as defined by administrative rule .
| ||||||
32 | Upon receipt of such application, the regulating authority, or | ||||||
33 | some
administrative agency of government designated by it, | ||||||
34 | shall make an
investigation of the corporation. If the |
| |||||||
| |||||||
1 | regulating authority is the
Supreme Court it may designate the | ||||||
2 | bar or legal association which
investigates and prefers charges | ||||||
3 | against lawyers to it for disciplining. If
such authority finds | ||||||
4 | that the incorporators, officers, directors and
shareholders | ||||||
5 | are each licensed pursuant to the laws of Illinois to engage
in | ||||||
6 | the particular profession or related professions involved | ||||||
7 | (except that
the secretary of the corporation need not be so | ||||||
8 | licensed), and if no
disciplinary action is pending before it | ||||||
9 | against any of them, and if it
appears that the corporation | ||||||
10 | will be conducted in compliance with the law
and the | ||||||
11 | regulations and rules of the regulating authority, such | ||||||
12 | authority,
shall issue, upon payment of a registration fee of | ||||||
13 | $50, a certificate of
registration.
| ||||||
14 | Upon written application of the holder, the
regulating | ||||||
15 | authority which originally issued the certificate of
| ||||||
16 | registration shall renew the certificate if it finds that the | ||||||
17 | corporation
has complied with its regulations and the | ||||||
18 | provisions of this Act.
| ||||||
19 | The fee for the renewal of a certificate of registration | ||||||
20 | shall be calculated
at the rate of $40 per year.
| ||||||
21 | The certificate of registration shall be conspicuously | ||||||
22 | posted upon the
premises where the corporation shall open, | ||||||
23 | operates, or maintains an establishment for any of the purposes | ||||||
24 | for which a corporation may be organized under this Act
to | ||||||
25 | which it is applicable , and the professional corporation shall
| ||||||
26 | have only those offices which are designated by street address | ||||||
27 | in the
articles of incorporation, or as changed by amendment of | ||||||
28 | such articles. No
certificate of registration shall be | ||||||
29 | assignable.
| ||||||
30 | (Source: P.A. 83-863.)
| ||||||
31 | Section 30. The Medical Corporation Act is amended by | ||||||
32 | changing Section 2 as follows:
| ||||||
33 | (805 ILCS 15/2) (from Ch. 32, par. 632)
| ||||||
34 | Sec. 2. One or more persons licensed pursuant to the |
| |||||||
| |||||||
1 | Medical Practice Act
of 1987, as heretofore or hereafter | ||||||
2 | amended, may form a corporation
pursuant to the "Business | ||||||
3 | Corporation Act of 1983", as amended, to own,
operate and | ||||||
4 | maintain an establishment for the study, diagnosis and
| ||||||
5 | treatment of human ailments and injuries, whether physical or | ||||||
6 | mental, and
to promote medical, surgical and scientific | ||||||
7 | research and knowledge;
provided that medical or surgical | ||||||
8 | treatment, consultation or advice may be
given by employees of | ||||||
9 | the corporation only if they are licensed pursuant to
the | ||||||
10 | Medical Practice Act of 1987; and provided further, however, | ||||||
11 | that
nothing herein shall prohibit an attorney licensed to | ||||||
12 | practice law in
Illinois from signing and acting as initial | ||||||
13 | incorporator on behalf of
such corporation. The registered | ||||||
14 | agent of the corporation need not be licensed if the registered | ||||||
15 | agent is not a shareholder, director, officer, or employee | ||||||
16 | (other than ancillary personnel).
| ||||||
17 | (Source: P.A. 85-1209.)
|