093_SB0354enr

 
SB354 Enrolled                       SRS093 00036 RWW 00036 b

 1        AN ACT concerning professional regulation.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title. This Act  may  be  cited  as  the
 5    Registered   Surgical   Assistant   and  Registered  Surgical
 6    Technologist Title Protection Act.

 7        Section 5.  Legislative purpose.  The purpose of this Act
 8    is to protect and benefit the public by setting standards  of
 9    qualifications, education, training, and experience for those
10    who  seek  to hold the title of registered surgical assistant
11    and registered surgical technologist.

12        Section 10.  Definitions. As used in this Act:
13        "Department"  means  the   Department   of   Professional
14    Regulation.
15        "Direct  supervision"  means  supervision by an operating
16    physician, licensed podiatrist, or licensed  dentist  who  is
17    physically  present and who personally directs delegated acts
18    and remains available to personally respond to  an  emergency
19    until  the  patient  is  released  from the operating room. A
20    registered  professional  nurse  may  also   provide   direct
21    supervision  within  the  scope  of  his  or  her  license. A
22    registered  surgical   assistant   or   registered   surgical
23    technologist shall perform duties as assigned.
24        "Director" means the Director of Professional Regulation.
25        "Physician"  or  "operating  physician"  means  a  person
26    licensed  to  practice  medicine in all of its branches under
27    the Medical Practice Act of 1987.
28        "Registered surgical assistant" means a person who (i) is
29    not licensed to practice medicine in  all  of  its  branches,
30    (ii)   is   certified  by  the  National  Surgical  Assistant
 
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 1    Association on the Certification of Surgical Assistants,  the
 2    Liaison   Council   on   Certification   for   the   Surgical
 3    Technologist  as a certified first assistant, or the American
 4    Board of Surgical  Assisting,  (iii)  performs  duties  under
 5    direct supervision, (iv) provides services only in a licensed
 6    hospital,   ambulatory  treatment  center,  or  office  of  a
 7    physician licensed to practice medicine in all its  branches,
 8    and (v) is registered under this Act.
 9        "Registered surgical technologist" means a person who (i)
10    is  not  a  physician licensed to practice medicine in all of
11    its branches, (ii) is certified by  the  Liaison  Council  on
12    Certification  for  the Surgical Technologist, (iii) performs
13    duties under direct supervision, (iv) provides services  only
14    in  a  licensed  hospital,  ambulatory  treatment  center, or
15    office of a physician licensed to practice  medicine  in  all
16    its branches, and (v) is registered under this Act.

17        Section 15.  Powers and duties of the Department.
18        (a)  The  Department shall exercise the powers and duties
19    prescribed by the Civil Administrative Code of  Illinois  and
20    shall  exercise  any  other  powers  and duties necessary for
21    effectuating the purposes of this Act.
22        (b)  The Department may adopt rules consistent  with  the
23    provisions of this Act for its administration and enforcement
24    and  may  prescribe  forms that shall be issued in connection
25    with this Act. The rules may include but are not  limited  to
26    criteria   for   registration,   professional   conduct,  and
27    discipline.

28        Section  20.  Illinois  Administrative   Procedure   Act;
29    rules.
30        (a)  The   Illinois   Administrative   Procedure  Act  is
31    expressly adopted and incorporated in this Act as if  all  of
32    the  provisions  of the Illinois Administrative Procedure Act
 
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 1    were included in this  Act,  except  that  the  provision  of
 2    subsection   (d)   of   Section   10-65   of   the   Illinois
 3    Administrative  Procedure  Act that provides that at hearings
 4    the registrant has the right  to  show  compliance  with  all
 5    lawful  requirements  for retention, continuation, or renewal
 6    of the registration is specifically excluded. For purposes of
 7    this Act, the notice required  under  Section  10-25  of  the
 8    Illinois  Administrative  Procedure  Act is deemed sufficient
 9    when mailed to the last known address of a party.
10        (b)  The  Director   may   promulgate   rules   for   the
11    administration  and enforcement of this Act and may prescribe
12    forms to be issued in connection with this Act.

13        Section 25.  Application for registration. An application
14    for an initial registration shall be made to  the  Department
15    in writing on forms prescribed by the Department and shall be
16    accompanied by the required nonrefundable fee. An application
17    shall  require  information  that,  in  the  judgment  of the
18    Department,  will  enable  the  Department  to  evaluate  the
19    qualifications of an applicant for registration.
20        If  an  applicant  fails  to  obtain  a  certificate   of
21    registration  under  this Act within 3 years after filing his
22    or her application, the  application  shall  be  denied.  The
23    applicant   may  make  a  new  application,  which  shall  be
24    accompanied by the required nonrefundable fee.

25        Section  30.  Social  Security  Number  on   registration
26    application. In addition to any other information required to
27    be  contained  in  the  application, every application for an
28    original, renewal, or restored  certificate  of  registration
29    under  this Act shall include the applicant's Social Security
30    Number.

31        Section  35.  Title  protection.  No  person  shall  hold
 
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 1    himself or herself out as a registered surgical assistant  or
 2    registered  surgical technologist without being so registered
 3    by the Department. This is title protection and not licensure
 4    by the Department.

 5        Section 40.  Application of Act. This Act  shall  not  be
 6    construed to prohibit the following:
 7             (1)  A person licensed in this State under any other
 8        Act  from engaging in the practice for which he or she is
 9        licensed,  including  but  not  limited  to  a  physician
10        licensed  to  practice  medicine  in  all  its  branches,
11        physician assistant, advanced practice registered  nurse,
12        or  nurse  performing  surgery-related  tasks  within the
13        scope of his or her license, nor  are  these  individuals
14        required to be registered under this Act.
15             (2)  A   person  from  engaging  in  practice  as  a
16        surgical  assistant  or  surgical  technologist  in   the
17        discharge of his or her official duties as an employee of
18        the United States government.
19             (3)  One or more registered surgical assistants from
20        forming  a professional service corporation in accordance
21        with  the  Professional  Service  Corporation   Act   and
22        applying   for   licensure  as  a  corporation  providing
23        surgical assistant services.
24             (4)  A student engaging in practice  as  a  surgical
25        assistant  or  surgical  technologist  under  the  direct
26        supervision  of a physician licensed to practice medicine
27        in all of its branches as part of his or her  program  of
28        study  at  a  school  approved  by  the  Department or in
29        preparation to qualify for the examination as  prescribed
30        under Sections 45 and 50 of this Act.
31             (5)  A  person  from  assisting  in  surgery  at  an
32        operating   physician's  discretion,  including  but  not
33        limited  to  medical  students  and  residents,  nor  are
 
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 1        medical students and residents required to be  registered
 2        under this Act.
 3             (6)  A   hospital,   health   system   or   network,
 4        ambulatory  surgical treatment center, physician licensed
 5        to practice  medicine  in  all  its  branches,  physician
 6        medical    group,   or   other   entity   that   provides
 7        surgery-related services from employing individuals  that
 8        the  entity  considers  competent  to  assist in surgery.
 9        These entities are not  required  to  utilize  registered
10        surgical  assistants or registered surgical technologists
11        when  providing  surgery-related  services  to  patients.
12        Nothing in this subsection shall be  construed  to  limit
13        the ability of an employer to utilize the services of any
14        person to assist in surgery within the employment setting
15        consistent with the individual's skill and training.

16        Section    45.  Registration    requirements;    surgical
17    assistant.  A  person  shall  qualify  for  registration as a
18    surgical assistant if he or she has applied in writing on the
19    prescribed form, has paid the required fees, and meets all of
20    the following requirements:
21             (1)  Is at least 21 years of age.
22             (2)  Has not violated a provision of Section  95  of
23        this  Act.  In  addition  the  Department  may  take into
24        consideration any felony conviction of the applicant, but
25        a conviction shall not operate  as  an  absolute  bar  to
26        registration.
27             (3)  Has   completed  a  medical  education  program
28        approved by the Department or has graduated from a United
29        States  Military   Program   that   emphasized   surgical
30        assisting.
31             (4)  Has    successfully    completed   a   national
32        certifying examination approved by the Department.
33             (5)  Is currently certified by the National Surgical
 
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 1        Assistant Association on the  Certification  of  Surgical
 2        Assistants,  the Liaison Council on Certification for the
 3        Surgical Technologist as a certified first assistant,  or
 4        the American Board of Surgical Assisting.

 5        Section    50.  Registration    requirements;    surgical
 6    technologist.  A  person  shall qualify for registration as a
 7    surgical technologist if he or she has applied in writing  on
 8    the  prescribed  form,  has paid the required fees, and meets
 9    all of the following requirements:
10             (1)  Is at least 18 years of age.
11             (2)  Has not violated a provision of Section  95  of
12        this  Act.  In  addition  the  Department  may  take into
13        consideration any felony conviction of the applicant, but
14        a conviction shall not operate  as  an  absolute  bar  to
15        registration.
16             (3)  Has  completed  a surgical technologist program
17        approved by the Department.
18             (4)  Has   successfully   completed   the   surgical
19        technologist national certification examination  provided
20        by  the Liaison Council on Certification for the Surgical
21        Technologist or its successor agency.
22             (6)  Is currently certified by the  Liaison  Council
23        on  Certification  for  the  Surgical Technologist or its
24        successor agency and has met the requirements  set  forth
25        for certification.

26        Section 55.  Supervision requirement. A person registered
27    under  this  Act  shall practice as a surgical assistant only
28    under direct supervision.

29        Section  60.  Expiration;   restoration;   renewal.   The
30    expiration  date  and  renewal period for each certificate of
31    registration issued under  this  Act  shall  be  set  by  the
 
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 1    Department  by  rule.  Renewal shall be conditioned on paying
 2    the required fee and meeting other  requirements  as  may  be
 3    established by rule.
 4        A registrant who has permitted his or her registration to
 5    expire  or  who  has  had his or her registration on inactive
 6    status  may  have  the  registration   restored   by   making
 7    application  to the Department, by filing proof acceptable to
 8    the Department of his or her fitness to have the registration
 9    restored, and by paying the required fees. Proof  of  fitness
10    may  include  sworn  evidence  certifying  to  active  lawful
11    practice in another jurisdiction.
12        If  the  registrant has not maintained an active practice
13    in another jurisdiction satisfactory to the  Department,  the
14    Department   shall   determine,   by  an  evaluation  program
15    established by rule, his or her fitness  for  restoration  of
16    the   registration   and   shall   establish  procedures  and
17    requirements for restoration.  However,  a  registrant  whose
18    registration  expired  while  he  or  she  was (1) in federal
19    service on active duty with the Armed Forces  of  the  United
20    States  or  the State Militia called into service or training
21    or (2) in training or education under the supervision of  the
22    United States before induction into the military service, may
23    have  the  registration  restored  without  paying any lapsed
24    renewal fees if within 2 years after honorable termination of
25    the service, training, or education he or she  furnishes  the
26    Department  with  satisfactory evidence to the effect that he
27    or she has been so engaged  and  that  his  or  her  service,
28    training, or education has been so terminated.

29        Section  65.  Inactive  status. A registrant who notified
30    the  Department  in  writing  on  forms  prescribed  by   the
31    Department  may  elect  to  place  his or her registration on
32    inactive  status  and  shall,  subject  to   rules   of   the
33    Department,  be excused from payment of renewal fees until he
 
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 1    or she notifies the Department  in  writing  of  his  or  her
 2    intention   to   restore   the   registration.  A  registrant
 3    requesting restoration from inactive  status  shall  pay  the
 4    current renewal fee and shall restore his or her registration
 5    in accordance with Section 60 of this Act. A registrant whose
 6    license  is  on  inactive  status  shall  not hold himself or
 7    herself out as a registered surgical assistant or  registered
 8    surgical   technologist.  To  do  so  shall  be  grounds  for
 9    discipline under Section 75 of this Act.

10        Section 70.  Fees; returned checks.
11        (a)  The Department  shall  set  by  rule  fees  for  the
12    administration of this Act, including but not limited to fees
13    for  initial  and  renewal  registration and restoration of a
14    certificate of registration.
15        (b)  A person who delivers a check or  other  payment  to
16    the  Department  that is returned to the Department unpaid by
17    the financial institution upon which it is drawn shall pay to
18    the Department, in addition to the amount already owed to the
19    Department, a fine of $50. The fines imposed by this  Section
20    are  in  addition to any other discipline provided under this
21    Act. The Department shall notify the  person  that  fees  and
22    fines  shall  be paid to the Department by certified check or
23    money order within 30 calendar days of the notification.  If,
24    after  the  expiration  of  30  days  from  the  date  of the
25    notification, the person has failed to submit  the  necessary
26    remittance,  the Department shall automatically terminate the
27    registration or deny the application without  a  hearing.  If
28    the person seeks a license after termination or denial, he or
29    she shall apply to the Department for restoration or issuance
30    of  the  license  and  pay  all  fees  and  fines  due to the
31    Department. The  Department  may  establish  a  fee  for  the
32    processing  of an application for restoration of a license to
33    defray the expenses  of  processing  the  application.    The
 
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 1    Director  may  waive  the  fines  due  under  this Section in
 2    individual cases if the Director finds that the  fines  would
 3    be unreasonable or unnecessarily burdensome.
 4        (c)  All  of  the fees and fines collected under this Act
 5    shall be deposited into  the  General  Professions  Dedicated
 6    Fund. All moneys in the Fund shall be used by the Department,
 7    as  appropriated, for the ordinary and contingent expenses of
 8    the Department.

 9        Section 75.  Grounds for disciplinary action.
10        (a)  The  Department  may  refuse  to  issue,  renew,  or
11    restore a registration, may revoke or suspend a registration,
12    or may place on probation, censure, reprimand, or take  other
13    disciplinary  action with regard to a person registered under
14    this Act, including but not  limited  to  the  imposition  of
15    fines not to exceed $5,000 for each violation, for any one or
16    combination of the following causes:
17             (1)  Making  a  material  misstatement in furnishing
18        information to the Department.
19             (2)  Violating a provision of this Act or its rules.
20             (3)  Conviction under the laws of  a  United  States
21        jurisdiction   of   a   crime  that  is  a  felony  or  a
22        misdemeanor, an essential element of which is dishonesty,
23        or of a crime that is directly related to the practice as
24        a surgical assistant or surgical technologist.
25             (4)  Making a misrepresentation for the  purpose  of
26        obtaining, renewing, or restoring a registration.
27             (5)  Wilfully  aiding or assisting another person in
28        violating a provision of this Act or its rules.
29             (6)  Failing to provide information within  60  days
30        in response to a written request made by the Department.
31             (7)  Engaging   in   dishonorable,   unethical,   or
32        unprofessional  conduct of a character likely to deceive,
33        defraud, or harm the public, as defined by  rule  of  the
 
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 1        Department.
 2             (8)  Discipline    by    another    United    States
 3        jurisdiction  or  foreign  nation, if at least one of the
 4        grounds for  discipline  is  the  same  or  substantially
 5        equivalent to those set forth in this Section.
 6             (9)  Directly  or  indirectly giving to or receiving
 7        from  a  person,  firm,  corporation,   partnership,   or
 8        association  a  fee, commission, rebate, or other form of
 9        compensation for professional services  not  actually  or
10        personally rendered.
11             (10)  A   finding   by   the   Department  that  the
12        registrant, after having his or her  registration  placed
13        on   probationary  status,  has  violated  the  terms  of
14        probation.
15             (11)  Wilfully making or  filing  false  records  or
16        reports in his or her practice, including but not limited
17        to false records or reports filed with State agencies.
18             (12)  Wilfully  making or signing a false statement,
19        certificate, or affidavit to induce payment.
20             (13)  Wilfully failing  to  report  an  instance  of
21        suspected  child  abuse  or neglect as required under the
22        Abused and Neglected Child Reporting Act.
23             (14)  Being named as a perpetrator in  an  indicated
24        report  by the Department of Children and Family Services
25        under the Abused and Neglected Child  Reporting  Act  and
26        upon  proof  by  clear  and  convincing evidence that the
27        licensee has caused a child to  be  an  abused  child  or
28        neglected  child  as  defined in the Abused and Neglected
29        Child Reporting Act.
30             (15)  Employment  of  fraud,   deception,   or   any
31        unlawful means in applying for or securing a license as a
32        surgical assistant.
33             (16)  Failure  to  report  to the Department (A) any
34        adverse final action  taken  against  the  registrant  by
 
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 1        another registering or licensing jurisdiction, government
 2        agency,  law  enforcement  agency,  or  any  court or (B)
 3        liability for conduct that would constitute  grounds  for
 4        action as set forth in this Section.
 5             (17)  Habitual  intoxication or addiction to the use
 6        of drugs.
 7             (18)  Physical illness, including but not limited to
 8        deterioration through the aging process or loss of  motor
 9        skills,  which  results  in the inability to practice the
10        profession  for  which  he  or  she  is  registered  with
11        reasonable judgment, skill, or safety.
12             (19)  Gross  malpractice  resulting   in   permanent
13        injury or death of a patient.
14             (20)  Immoral  conduct  in  the commission of an act
15        related to the registrant's practice, including  but  not
16        limited  to  sexual  abuse,  sexual misconduct, or sexual
17        exploitation.
18             (21)  Violation   of   the   Health   Care    Worker
19        Self-Referral Act.
20        (b) The Department may refuse to issue or may suspend the
21    registration  of  a person who fails to file a return, to pay
22    the tax, penalty, or interest shown in a filed return, or  to
23    pay  a  final  assessment of the tax, penalty, or interest as
24    required by a tax  Act  administered  by  the  Department  of
25    Revenue, until the requirements of the tax Act are satisfied.
26        (c)   The   determination  by  a  circuit  court  that  a
27    registrant is subject to involuntary  admission  or  judicial
28    admission  as provided in the Mental Health and Developmental
29    Disabilities Code operates as an  automatic  suspension.  The
30    suspension  will  end only upon (1) a finding by a court that
31    the patient is no longer subject to involuntary admission  or
32    judicial  admission,  (2) issuance of an order so finding and
33    discharging the patient, and (3) the  recommendation  of  the
34    Department  to the Director that the registrant be allowed to
 
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 1    resume his or her practice.

 2        Section 80.  Cease and desist order.
 3        (a) If a person violates a provision  of  this  Act,  the
 4    Director,  in the name of the People of the State of Illinois
 5    through the Attorney General of the State of Illinois, or the
 6    State's Attorney of a county in which the  violation  occurs,
 7    may  petition  for an order enjoining the violation or for an
 8    order enforcing compliance with this Act. Upon the filing  of
 9    a verified petition in court, the court may issue a temporary
10    restraining   order   without   notice   or   bond   and  may
11    preliminarily and permanently enjoin the violation. If it  is
12    established  that the registrant has violated or is violating
13    the  injunction,  the  court  may  punish  the  offender  for
14    contempt of court. Proceedings under this Section shall be in
15    addition to, and not in  lieu  of,  all  other  remedies  and
16    penalties provided by this Act.
17        (b)  If  a  person  holds  himself  or  herself  out as a
18    surgical assistant or  surgical  technologist  without  being
19    registered  under  this  Act,  then any registrant under this
20    Act, interested party, or person injured thereby, in addition
21    to the Director or State's Attorney, may petition for  relief
22    as provided in subsection (a) of this Section.
23        (c) If the Department determines that a person violated a
24    provision  of  this  Act,  the Department may issue a rule to
25    show cause why an order to cease and  desist  should  not  be
26    entered  against him or her. The rule shall clearly set forth
27    the grounds relied upon by the Department and shall provide a
28    period of 7 days from the date of the rule to file an  answer
29    to  the  satisfaction of the Department. Failure to answer to
30    the satisfaction of the Department shall cause  an  order  to
31    cease and desist to be issued immediately.

32        Section 85.  Investigation; notice; hearing. Certificates
 
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 1    of  registration  may  be  refused,  revoked,  suspended,  or
 2    otherwise  disciplined in the manner provided by this Act and
 3    not otherwise. The Department may upon  its  own  motion  and
 4    shall  upon  the  verified complaint in writing of any person
 5    setting forth facts that if proven would  constitute  grounds
 6    for  refusal  to  issue or for suspension or revocation under
 7    this Act, investigate the actions of a person  applying  for,
 8    holding,  or  claiming to hold a certificate of registration.
 9    The Department shall, before  refusing  to  issue  or  renew,
10    suspending,  or  revoking  a  certificate  of registration or
11    taking other discipline pursuant to Section 75 of  this  Act,
12    and  at  least 30 days prior to the date set for the hearing,
13    notify in writing the applicant or licensee  of  any  charges
14    made, shall afford the applicant or registrant an opportunity
15    to  be  heard  in  person  or  by counsel in reference to the
16    charges, and direct the applicant or  registrant  to  file  a
17    written  answer  to  the Department under oath within 20 days
18    after the service of the notice and inform the  applicant  or
19    registrant  that  failure  to  file  an answer will result in
20    default being taken against the applicant or  registrant  and
21    that  the  certificate  of  registration  may  be  suspended,
22    revoked, placed on probationary status, or other disciplinary
23    action may be taken, including limiting the scope, nature, or
24    extent  of practice, as the Director may deem proper. Written
25    notice may be served by personal delivery to the applicant or
26    registrant or by mailing the notice by certified mail to  his
27    or  her  last  known  place  of  residence or to the place of
28    business last specified by the applicant or registrant in his
29    or her last notification to the  Department.  If  the  person
30    fails  to  file  an answer after receiving notice, his or her
31    certificate of registration may, in  the  discretion  of  the
32    Department,  be suspended, revoked, or placed on probationary
33    status or  the  Department  may  take  whatever  disciplinary
34    action  deemed proper, including limiting the delegated tasks
 
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 1    or the imposition of a fine, without a hearing, if the act or
 2    acts charged constitute sufficient grounds  for  such  action
 3    under  this  Act.  At the time and place fixed in the notice,
 4    the Department shall proceed to hearing of  the  charges  and
 5    both the applicant or registrant and the complainant shall be
 6    afforded  ample  opportunity  to  present,  in  person  or by
 7    counsel, any statements, testimony, evidence,  and  arguments
 8    that may be pertinent to the charges or to their defense. The
 9    Department  may  continue  a  hearing  from time to time. The
10    Department may continue a hearing for a period not to  exceed
11    30 days.

12        Section  90.  Record  of  proceedings. The Department, at
13    its expense, shall preserve a record of all proceedings at  a
14    formal  hearing conducted pursuant to Section 85 of this Act.
15    The notice of hearing, complaint, and all other documents  in
16    the  nature  of  pleadings  and  written motions filed in the
17    proceedings, the transcript of testimony, the report  of  the
18    Department  or  hearing officer, and orders of the Department
19    shall be the record of the proceeding. The  Department  shall
20    supply  a  transcript of the record to a person interested in
21    the hearing on payment of  the  fee  required  under  Section
22    2105-115  of the Department of Professional Regulation Law of
23    the Civil Administrative Code of Illinois.

24        Section 95.  Order for production of documents. A circuit
25    court  may,  upon  application  of  the  Department  or   its
26    designee,  or  of  the applicant or registration against whom
27    proceedings pursuant to Section 85 of this Act  are  pending,
28    enter  an  order  requiring  the  attendance of witnesses and
29    their testimony and  the  production  of  documents,  papers,
30    files,  books,  and  records  in connection with a hearing or
31    investigation authorized by this Act. The  court  may  compel
32    obedience to its order through contempt proceedings.
 
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 1        Section  100.  Subpoena  power.  The  Department  has the
 2    power to subpoena and bring before  it  any  person  in  this
 3    State and to take testimony orally or by deposition, with the
 4    same fees and mileage and in the same manner as prescribed by
 5    law  in judicial proceedings in civil cases in circuit courts
 6    of this State. The  Director  shall  have  the  authority  to
 7    administer,  at any hearing that the Department is authorized
 8    to conduct under this Act, oaths to witnesses and  any  other
 9    oaths  authorized  to be administered by the Department under
10    this Act.

11        Section 105.  Disciplinary report. At the  conclusion  of
12    the  hearing,  the Department shall present to the Director a
13    written report of its findings of fact, conclusions  of  law,
14    and recommendations. In the report, the Department shall make
15    a  finding  of  whether  or  not  the  charged  registrant or
16    applicant violated a provision of this Act or its  rules  and
17    shall  specify  the  nature  of  the violation. In making its
18    recommendations for discipline, the Department may take  into
19    consideration  all  facts  and circumstances bearing upon the
20    reasonableness of the  conduct  of  the  respondent  and  the
21    potential  for  future  harm to the public, including but not
22    limited to previous discipline  of  that  respondent  by  the
23    Department,   intent,  degree  of  harm  to  the  public  and
24    likelihood of harm in the future, any restitution  made,  and
25    whether  the incident or incidents complained of appear to be
26    isolated  or  a   pattern   of   conduct.   In   making   its
27    recommendations  for discipline, the Department shall seek to
28    ensure that the severity of the discipline recommended  bears
29    some   reasonable   relationship   to  the  severity  of  the
30    violation.

31        Section 110.  Motion for rehearing. In a  case  involving
32    the   refusal  to  issue  or  renew  a  registration  or  the
 
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 1    discipline of a registrant, a copy of the Department's report
 2    shall be served upon the respondent by the Department, either
 3    personally or as provided under Section 20 of  this  Act  for
 4    the  service  of  the notice of hearing. Within 20 days after
 5    the service, the respondent may present to the  Department  a
 6    motion  in  writing  for a rehearing, which shall specify the
 7    particular  grounds  for  a  rehearing.  If  no  motion   for
 8    rehearing  is  filed,  then  upon  the expiration of the time
 9    specified for filing the motion, or if a motion for rehearing
10    is denied, then upon the denial the  Director  may  enter  an
11    order  in  accordance with recommendations of the Department,
12    except as provided in Section 115 or 120 of this Act. If  the
13    respondent  orders  a  transcript  of  the  record  from  the
14    reporting service and pays for the transcript within the time
15    for  filing  a motion for rehearing, the 20-day period within
16    which such a motion may be  filed  shall  commence  upon  the
17    delivery of the transcript to the respondent.

18        Section 115.  Order of Director.
19        (a)  The  Director  shall  issue  an order concerning the
20    disposition of the charges (i) following  the  expiration  of
21    the filing period granted under Section 110 of this Act if no
22    motion for rehearing is filed or (ii) following a denial of a
23    timely motion for rehearing.
24        (b)  The   Director's   order   shall  be  based  on  the
25    recommendations contained in the  Department  report  unless,
26    after  giving  due  consideration to the Department's report,
27    the Director disagrees in any regard with the report  of  the
28    Department,  in  which  case  he or she may issue an order in
29    contravention of the report. The  Director  shall  provide  a
30    written  report  to  the Department on any deviation from the
31    Department's report and shall specify with particularity  the
32    reasons  for  his  or  her  deviation in the final order. The
33    Department's report and Director's order are  not  admissible
 
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 1    in  evidence  against  the  person  in a criminal prosecution
 2    brought for a violation of this Act, but the hearing, report,
 3    and order are not a bar to a criminal prosecution brought for
 4    the violation of this Act.

 5        Section 120.  Hearing officer. The  Director  shall  have
 6    the authority to appoint an attorney licensed to practice law
 7    in  this  State  to serve as the hearing officer in a hearing
 8    authorized under Section 90 of this Act. The hearing  officer
 9    shall have full authority to conduct the hearing. The hearing
10    officer shall report his or her findings of fact, conclusions
11    of  law,  and  recommendations  to  the  Department.  If  the
12    Director  disagrees  in  any  regard  with  the report of the
13    Department, he or she may issue an order in contravention  of
14    the  report. The Director shall provide a written explanation
15    to the Department on a deviation from the Department's report
16    and shall specify with particularity the reasons for  his  or
17    her deviation in the final order.

18        Section  125.  Rehearing  on  order of Director. Whenever
19    the Director is not satisfied that  substantial  justice  has
20    been achieved in the discipline of a registrant, the Director
21    may order a rehearing by the same or another hearing officer.

22        Section  130.  Order;  prima  facie  proof. An order or a
23    certified copy of an order, over the seal of  the  Department
24    and  purporting  to be signed by the Director, shall be prima
25    facie proof that:
26        (1)  the  signature  is  the  genuine  signature  of  the
27    Director; and
28        (2)  the Director is duly appointed and qualified.

29        Section 135.  Restoration of registration.  At  any  time
30    after  the  suspension  or  revocation  of  a  certificate of
 
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 1    registration, the Department may restore it to the registrant
 2    unless, after an investigation and a hearing, the  Department
 3    determines  that  restoration  is not in the public interest.
 4    Where circumstances of suspension or revocation so  indicate,
 5    the  Department  may require an examination of the registrant
 6    before restoring his or her certificate of registration.

 7        Section 140.  Surrender of certificate  of  registration.
 8    Upon  the  revocation  or  suspension  of  a  certificate  of
 9    registration,  the registrant shall immediately surrender the
10    certificate  of  registration  to  the  Department.  If   the
11    registrant  fails  to  do  so,  the Department shall have the
12    right to seize the certificate of registration.

13        Section  145.  Temporary  suspension.  The  Director  may
14    temporarily suspend the registration of a surgical  assistant
15    or  surgical  technologist  without a hearing, simultaneously
16    with the institution of proceedings for  a  hearing  provided
17    for  in  Section  85  of this Act, if the Director finds that
18    evidence in his or her possession indicates that continuation
19    in practice  would  constitute  an  imminent  danger  to  the
20    public.  If  the  Director  temporarily  suspends  a  license
21    without  a hearing, a hearing by the Department shall be held
22    within 30 days after the suspension has occurred and shall be
23    concluded without appreciable delay.

24        Section 150.  Certificate of record. The Department shall
25    not be required to certify any record to a court or  file  an
26    answer  in court or otherwise appear in a court in a judicial
27    review proceeding unless there is filed in  the  court,  with
28    the  complaint,  a  receipt from the Department acknowledging
29    payment of the costs of furnishing and certifying the record.
30    Failure on the part of the plaintiff to  file  a  receipt  in
31    court shall be grounds for dismissal of the action.
 
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 1        Section   155.  Administrative   Review  Law.  All  final
 2    administrative decisions of the  Department  are  subject  to
 3    judicial  review  under the Administrative Review Law and its
 4    rules. The term "administrative decision" is  defined  as  in
 5    Section 3-101 of the Code of Civil Procedure. Proceedings for
 6    judicial  review  shall  be commenced in the circuit court of
 7    the county in which the party seeking review resides. If  the
 8    party  seeking  review is not a resident of this State, venue
 9    shall be in Sangamon County.

10        Section 160.  Criminal penalties. A person who  is  found
11    to  have  knowingly violated Section 35 of this Act is guilty
12    of a Class A misdemeanor for a first offense and is guilty of
13    a Class 4 felony for a second or subsequent offense.

14        Section 165.  Civil penalties.
15        (a)  In addition to any other penalty provided by law,  a
16    person  who violates Section 35 of this Act shall pay a civil
17    penalty to the Department in an amount not to  exceed  $5,000
18    for  each  offense as determined by the Department. The civil
19    penalty shall be assessed by the Department after  a  hearing
20    is  held  in accordance with the provisions set forth in this
21    Act regarding a hearing for the discipline of a licensee.
22        (b)  The  Department  has  the  authority  and  power  to
23    investigate any and all unregistered activity.
24        (c)  The civil penalty assessed under this Act  shall  be
25    paid  within  60  days  after the effective date of the order
26    imposing the civil penalty.  The  order  shall  constitute  a
27    judgment  and  may be filed and execution had on the judgment
28    in the same manner as a judgment from a court of record.

29        Section  170.  Home  rule  powers.  The   regulation   of
30    surgical   assistants   and   surgical  technologists  is  an
31    exclusive power and function of the State. A home  rule  unit
 
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 1    shall   not   regulate   surgical   assistants   or  surgical
 2    technologists. This Section is a limitation under  subsection
 3    (h) of Section 6 of Article VII of the Illinois Constitution.

 4        Section  900.  The  Regulatory  Sunset  Act is amended by
 5    changing Section 4.24 as follows:

 6        (5 ILCS 80/4.24)
 7        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
 8    following Acts are repealed on January 1, 2014:
 9        The Electrologist Licensing Act.
10        The Illinois Public Accounting Act.
11        The Registered Surgical Assistant and Registered Surgical
12    Technologist Title Protection Act.
13    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

14        Section  999.  Effective date. This Act takes effect July
15    1, 2004.