|
|
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09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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1 |
| otherwise indicated within the context:
|
2 |
| "Accredited clinical laboratory education program" means a |
3 |
| program planned to
provide a predetermined amount of |
4 |
| instruction and experience in clinical
laboratory
science, |
5 |
| medical technology, or cytology that has been accredited by
one |
6 |
| of the
accrediting agencies approved by the U.S. Department of |
7 |
| Health and Human Services.
|
8 |
| "Board" means the Clinical Laboratory Science Board |
9 |
| appointed by the Secretary of Financial and Professional |
10 |
| Regulation.
|
11 |
| "Categorical technologist" means an individual eligible |
12 |
| under this Act who is
qualified to perform clinical laboratory |
13 |
| testing in one or more categories of
laboratory
testing, such |
14 |
| as microbiology, clinical chemistry, immunology, hematology,
|
15 |
| immunohematology or other areas specified by the Board. The |
16 |
| categorical
technologist
is responsible for the establishment |
17 |
| and implementation of protocols, quality
assessment,
method |
18 |
| development and selection, equipment selection and |
19 |
| maintenance, and all
activities related to the pre-analytical, |
20 |
| analytical, and post-analytical
phases of testing.
The |
21 |
| categorical technologist may also direct, supervise, consult, |
22 |
| educate, and
perform
research functions in their specialty |
23 |
| area. "Categorical technologist" includes
a
categorical |
24 |
| scientist.
|
25 |
| "CLIA '88" means the Clinical Laboratory Improvement |
26 |
| Amendments of 1988.
|
27 |
| "Clinical laboratory" or "laboratory" means a site or |
28 |
| location in which
clinical
laboratory tests or examinations are |
29 |
| performed.
|
30 |
| "Clinical laboratory practitioner" means an individual who |
31 |
| has the authority
to
perform clinical laboratory tests.
|
32 |
| "Clinical laboratory scientist" means an individual |
33 |
| eligible under this Act
that
performs any clinical laboratory |
34 |
| test including those that require the exercise
of
independent |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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|
1 |
| judgment. In addition, this individual is responsible for the
|
2 |
| establishment
and implementation of protocols, quality |
3 |
| assessment, method development and selection,
equipment |
4 |
| selection and maintenance, and all activities related to the |
5 |
| pre-analytical,
analytical, and post-analytical phases of |
6 |
| testing. The clinical laboratory scientist may also
direct, |
7 |
| supervise, consult, educate, and perform research functions.
|
8 |
| "Clinical laboratory technician" means an individual |
9 |
| eligible under this Act
who
is qualified to perform clinical |
10 |
| laboratory tests pursuant to established and
approved
|
11 |
| protocols that require limited exercise of independent |
12 |
| judgment and which are
performed
with oversight from a clinical |
13 |
| laboratory scientist, medical technologist,
technical
|
14 |
| consultant, supervisor, or laboratory director as defined by |
15 |
| the Clinical
Laboratory
Improvement Amendments of 1988 (CLIA |
16 |
| '88) (P.L. 100-578).
|
17 |
| "Clinical laboratory test" or "laboratory test" means a |
18 |
| microbiological,
serological, molecular, chemical, biological, |
19 |
| hematological, immunological,
immunohematological, |
20 |
| cytological, biophysical, or any other test or procedure
|
21 |
| performed
on material derived from or existing in a human body |
22 |
| that provides information
for the
diagnosis, prevention, or |
23 |
| monitoring of a disease or impairment or assessment
of a
|
24 |
| clinical condition. Clinical laboratory testing encompasses |
25 |
| the pre-analytical,
analytical,
and post-analytical phases of |
26 |
| testing.
|
27 |
| "Cytotechnologist" means an individual eligible under this |
28 |
| Act who is
qualified to
process and interpret cellular material |
29 |
| derived from the human body delineating
data
regarding human |
30 |
| cytopathological disease. The cytotechnologist performs |
31 |
| testing
under
the supervision of a technical supervisor |
32 |
| pursuant to the CLIA '88. The
cytotechnologist reviews
and |
33 |
| interprets gynecological cytology preparations and screens
|
34 |
| non-gynecological
cytology preparations where final review and |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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| interpretation is the
responsibility of a
qualified physician.
|
2 |
| "Department" means the Department of Financial and |
3 |
| Professional Regulation.
|
4 |
| "Histotechnician" means an individual who is qualified to
|
5 |
| process cellular and tissue components through methods of |
6 |
| selected gross
dissection and
description, fixation, |
7 |
| dehydration, embedding, microtomy, frozen sectioning,
|
8 |
| staining,
and other related procedures and techniques employed |
9 |
| in the preparation of
smears,
slides, and tissues. This |
10 |
| specialty also encompasses methods for antigen
detection and
|
11 |
| other molecular hybridization testing methods where the |
12 |
| purpose is analysis or
quantification of cellular and tissue |
13 |
| components for interpretation by a
qualified
physician. The |
14 |
| histotechnician performs testing under the direct supervision |
15 |
| of
a
histotechnologist, technical consultant, supervisor, or |
16 |
| laboratory director as
defined by
CLIA '88.
|
17 |
| "Histotechnologist" means an individual who is
qualified
|
18 |
| to process cellular and tissue components through methods of |
19 |
| selected gross
dissection
and description, fixation, |
20 |
| dehydration, embedding, microtomy, frozen
sectioning,
|
21 |
| staining, and other related procedures and techniques employed |
22 |
| in the
preparation of
smears, slides, and tissues. This |
23 |
| specialty also encompasses methods for antigen
detection
and |
24 |
| other molecular hybridization testing methods where the |
25 |
| purpose is analysis
or
quantification of cellular and tissue |
26 |
| components for interpretation by a
qualified
physician. The |
27 |
| histotechnologist performs testing under the supervision of a
|
28 |
| technical
consultant, supervisor, or laboratory director as |
29 |
| defined by CLIA '88.
|
30 |
| "Medical technologist" means an individual eligible under |
31 |
| this Act that performs any clinical laboratory test, including |
32 |
| those that require the exercise of independent judgment. In |
33 |
| addition, this individual is responsible for the establishment |
34 |
| and implementation of protocols, quality assessment, method |
|
|
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09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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|
1 |
| development and selection, equipment selection and |
2 |
| maintenance, and all activities related to the pre-analytical, |
3 |
| analytical, or post-analytical phases of testing. The medical |
4 |
| technologist may also direct, supervise, consult, educate, and |
5 |
| perform research functions. |
6 |
| "Medical laboratory technician" means an individual |
7 |
| eligible under this Act who is qualified to perform clinical |
8 |
| laboratory tests pursuant to established and approved |
9 |
| protocols that require limited exercise of independent |
10 |
| judgment and which are performed with oversight from a clinical |
11 |
| laboratory scientist, medical technologist, technical |
12 |
| consultant, supervisor, or laboratory director as defined by |
13 |
| the Clinical Laboratory Improvement Amendments of 1988. |
14 |
| "Pathologist's assistant" means an individual who is
|
15 |
| qualified to perform surgical pathology specimen examinations |
16 |
| and post-mortem
examinations. This specialty also encompasses |
17 |
| related functions which are
necessary to
insure the successful |
18 |
| completion or processing of the above. The pathologist's
|
19 |
| assistant
performs testing under the supervision of a qualified |
20 |
| pathologist. The
functions of the
pathologist's assistant |
21 |
| shall be to assist a pathologist in arriving at a final
|
22 |
| diagnosis.
Rendering the final diagnosis, however, is the |
23 |
| responsibility of a pathologist.
|
24 |
| "Point of care testing" means clinical testing that is so |
25 |
| critical to patient
care that
it must be performed immediately |
26 |
| at or near the patient. Tests meeting this
definition
provide |
27 |
| clinically relevant information that direct therapy, are |
28 |
| limited to
procedures that
produce accurate and precise data in |
29 |
| a short period of time, meet the current
standards of
quality |
30 |
| in laboratory science, and comply with all standards of |
31 |
| accrediting
agencies. The
term does not include a clinical |
32 |
| laboratory test performed in a physician's
office
laboratory.
|
33 |
| "Scheduled drug" means a drug scheduled under the Illinois |
34 |
| Controlled Substances Act. |
|
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09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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| "Secretary" means the Secretary of Financial and |
2 |
| Professional Regulation. |
3 |
| "Waived test" means a simple laboratory examination or |
4 |
| procedure, as defined
by
the CLIA '88 and approved by the |
5 |
| Board.
|
6 |
| Section 15. Exemptions. This Act does not apply to any of |
7 |
| the following:
|
8 |
| (1) A person licensed in this State under any other Act |
9 |
| who engages in the
practice for which he or she is |
10 |
| licensed, providing the Act specifically
authorizes
him or |
11 |
| her to perform laboratory testing.
|
12 |
| (2) Clinical laboratory practitioners employed by the |
13 |
| United States
government or any bureau, division, or agency |
14 |
| thereof while in the discharge of
the employee's official |
15 |
| duties.
|
16 |
| (3) Clinical laboratory practitioners engaged in |
17 |
| teaching or research,
provided that the results of any |
18 |
| examination performed are not used in health
maintenance, |
19 |
| diagnosis, or treatment of disease.
|
20 |
| (4) Students or trainees enrolled in a clinical |
21 |
| laboratory education
program, provided that these |
22 |
| activities constitute a part of a planned course
in the
|
23 |
| program, that the persons are designated by title such as |
24 |
| intern, trainee, or student,
and the persons work directly |
25 |
| under (i) an individual licensed by this State to
practice |
26 |
| clinical laboratory science, (ii) a person exempt from |
27 |
| licensure under
this
Act by item (3) of this Section, or |
28 |
| (iii) a licensed physician.
|
29 |
| (5) A person solely performing waived tests under the |
30 |
| Clinical Laboratory
Improvement Amendments of 1988 (P.L. |
31 |
| 100-578).
|
32 |
| (6) Personnel performing point of care testing |
33 |
| provided that, within the
point of care testing laboratory, |
|
|
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09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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| a licensed Clinical laboratory scientist,
medical
|
2 |
| technologist, categorical technologist, clinical |
3 |
| laboratory technician, medical laboratory technician, or
|
4 |
| licensed
physician is responsible for all of the following:
|
5 |
| (A) Designing and providing or supervising the |
6 |
| training programs
for the point of care testing |
7 |
| personnel.
|
8 |
| (B) Supervising and monitoring the quality |
9 |
| assurance and quality
control activities of the |
10 |
| testing site.
|
11 |
| (C) Assisting in the selection of technology.
|
12 |
| (D) Reviewing the results of proficiency testing |
13 |
| and
recommending corrective action, if necessary.
|
14 |
| (E) Monitoring the continued competency of the |
15 |
| testing personnel.
Failure to comply with the above |
16 |
| requirements subjects the point of care
testing |
17 |
| personnel to the loss of the exemption.
|
18 |
| (7) Histotechnicians and histotechnologists who |
19 |
| perform clinical
laboratory testing under the supervision |
20 |
| of a technical consultant, supervisor,
or
laboratory |
21 |
| director as defined by the CLIA '88.
|
22 |
| (8) Pathologist's assistants who perform clinical |
23 |
| laboratory testing under
the supervision of a qualified |
24 |
| pathologist.
|
25 |
| (9) A person employed by a federal, State, or local law |
26 |
| enforcement agency who is acting within the scope of his or |
27 |
| her employment.
|
28 |
| Section 20. License required.
|
29 |
| (a) Beginning January 1, 2006, no person shall perform or |
30 |
| consult regarding
clinical laboratory tests or hold himself or |
31 |
| herself out as a clinical
laboratory practitioner
in the State |
32 |
| unless he or she is licensed under this Act.
|
33 |
| (b) All persons performing or consulting regarding |
|
|
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09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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| clinical laboratory tests
on the
effective date of this Act who |
2 |
| are certified by or eligible for certification
by an agency
|
3 |
| acceptable to the Department and who have applied to the |
4 |
| Department on or
before
January 1, 2006 and have complied with |
5 |
| all necessary requirements for
application may
continue to |
6 |
| perform clinical laboratory tests until (1) the expiration of |
7 |
| 12
months after
filing the application, (2) the denial of the |
8 |
| application by the Department, or
(3) the
withdrawal of the |
9 |
| application, whichever occurs first.
|
10 |
| (c) Beginning January 1, 2006, no person shall perform |
11 |
| clinical laboratory tests for the purpose of detecting the |
12 |
| presence of any scheduled drug unless he or she is licensed |
13 |
| under this Act or employed by a person who is licensed under |
14 |
| this Act. |
15 |
| (d) Before January 1, 2008, a person not meeting the |
16 |
| education, training,
and
experience qualifications for a |
17 |
| license under this Act may be granted licensure
if they
have 3 |
18 |
| years of acceptable experience at the professional level for |
19 |
| which
licensure is
sought immediately prior to the effective |
20 |
| date of this Act and submit to the
Board the job
description of |
21 |
| the position that the applicant has most recently performed,
|
22 |
| attested to
by his or her employer.
|
23 |
| (e) Beginning January 1, 2008, no initial license shall be |
24 |
| issued until an
applicant
meets all of the requirements under |
25 |
| this Act and successfully completes a
national
certification |
26 |
| examination authorized by the Department.
|
27 |
| Section 25. Administration.
|
28 |
| (a) The Department shall adopt rules consistent with the |
29 |
| provisions of this
Act for
the administration and enforcement |
30 |
| thereof and may prescribe the forms that
shall be
issued in |
31 |
| connection with this Act. The rules shall include standards and
|
32 |
| criteria for
licensure and professional conduct and |
33 |
| discipline. The Department shall consult
with the
Board in |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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|
1 |
| adopting rules. Notice of proposed rulemaking shall be |
2 |
| transmitted to
the Board
and the Department shall review the |
3 |
| Board's response and any recommendations
the
Board makes. The |
4 |
| Department shall notify the Board in writing with an
|
5 |
| explanation of
its deviations from the Board's recommendations |
6 |
| and response.
|
7 |
| (b) The Department may solicit the advice and expert |
8 |
| knowledge of the Board on
any matter relating to the |
9 |
| administration and enforcement of this Act.
|
10 |
| (c) The Department shall issue to the Board a quarterly |
11 |
| report of the status of all
complaints related to the |
12 |
| profession received by the Department.
|
13 |
| Section 30. Per-test fee; use of funds. |
14 |
| (a) If and only if, House Bill 3513 of the 94th General |
15 |
| Assembly or House Bill 2446 of the 94th General Assembly |
16 |
| becomes law, the Department shall impose and collect an $8 fee |
17 |
| upon urine, hair, skin, cells, or bodily secretions or |
18 |
| substances submitted within the State for testing conducted to |
19 |
| detect any scheduled drug that is conducted. This fee shall be |
20 |
| imposed upon samples that are physically tested outside of the |
21 |
| State for the purpose of detecting any scheduled drug, if the |
22 |
| sample was taken within the State. |
23 |
| (b) Each licensee under this Act shall report to the |
24 |
| Department the number of samples submitted within the State, |
25 |
| upon which the licensee has conducted a test for the purpose of |
26 |
| detecting any scheduled drug, and shall submit the collected |
27 |
| fee for each sample to the Department. If and only if, House |
28 |
| Bill 3513 of the 94th General Assembly becomes law, the |
29 |
| Department of Financial and Professional Regulation shall |
30 |
| deposit 2/3 of the moneys collected from this fee into the |
31 |
| Methamphetamine Treatment Fund and the Department of Human |
32 |
| Services shall use these moneys to fund grants to providers of |
33 |
| services for methamphetamine addicts and community outreach |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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|
1 |
| and education programs established under the Alcoholism and |
2 |
| Other Drug Abuse and Dependency Act. If and only if, House Bill |
3 |
| 2446 of the 94th General Assembly becomes law, the Department |
4 |
| of Financial and Professional Regulation shall deposit 1/3 of |
5 |
| the moneys collected from this fee into the Autism |
6 |
| Community-Based Residential Services Fund and the Department |
7 |
| of Human Services shall use these moneys to fund the pilot |
8 |
| program to provide community based residential services to |
9 |
| individuals with severe autism who are 21 years of age or older |
10 |
| established under the Developmental Disability and Mental |
11 |
| Disability Services Act. |
12 |
| (c) The Department shall adopt rules necessary for the |
13 |
| implementation and administration of the fee. |
14 |
| Section 35. Clinical Laboratory Science Board.
|
15 |
| (a) There is hereby created a Clinical Laboratory Science |
16 |
| Board within the
Department of Financial and Professional |
17 |
| Regulation which shall consist of 8 persons who have
been
|
18 |
| residents of this State for at least 2 years prior to their |
19 |
| appointment and who
are actively
engaged in their areas of |
20 |
| practice. The Secretary may make appointments to the
Board
from |
21 |
| lists submitted by organizations of clinical laboratory |
22 |
| science
practitioners and
organizations of physician |
23 |
| pathologists.
|
24 |
| (b) The Board shall be composed of the following members: |
25 |
| (i) one physician
certified by the American Board of Pathology |
26 |
| or the American Board of
Osteopathic
Pathology; (ii) 6 clinical |
27 |
| laboratory practitioners who, except for initial
appointments,
|
28 |
| hold active and valid licenses as clinical laboratory |
29 |
| practitioners in this
State, at least one
of whom is a |
30 |
| non-physician laboratory director, as defined by the CLIA '88, |
31 |
| 2
of whom
are clinical laboratory scientists or medical |
32 |
| technologists, one of whom is a clinical laboratory
technician |
33 |
| or medical laboratory technician, and one of
whom is a |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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|
1 |
| cytotechnologist; and (iii) one public member who is not |
2 |
| associated
with or
financially interested in the practice of |
3 |
| clinical laboratory science.
|
4 |
| (c) Board members shall serve for a term of 3 years and |
5 |
| until their
successors are
appointed and qualified, except that |
6 |
| the initial appointments, which shall be
made within
60 days |
7 |
| after the effective date of this Act, shall be as follows:
|
8 |
| (1) A pathologist, a non-physician laboratory |
9 |
| director, as defined by the
CLIA '88, and 2 clinical |
10 |
| laboratory practitioners shall be appointed to serve
for 3
|
11 |
| years.
|
12 |
| (2) A public representative shall be appointed to serve |
13 |
| for 2 years.
|
14 |
| (3) The remaining members shall be appointed to serve |
15 |
| for one year.
|
16 |
| (d) Whenever a vacancy shall occur on the Board by reason |
17 |
| other than the
expiration of a term of office, the Secretary |
18 |
| shall appoint a successor of like qualifications
for the |
19 |
| remainder of the unexpired term. No person shall be appointed |
20 |
| to serve more than
2 successive 3-year terms.
|
21 |
| (e) The Secretary shall have the authority to remove any |
22 |
| member of the Board
from office for neglect of any duty |
23 |
| required by law or for incompetency or unprofessional
or |
24 |
| dishonorable conduct.
|
25 |
| (f) The Secretary shall consider the recommendations of the |
26 |
| Board on questions
involving standards of professional |
27 |
| conduct, discipline, and qualifications of applicants or
|
28 |
| licensees under this Act.
|
29 |
| Section 40. Standards for licensure.
|
30 |
| (a) The Department shall issue a clinical laboratory |
31 |
| scientist or medical technologist license to an
individual who |
32 |
| meets the qualifications promulgated by the Department,
|
33 |
| including
successful performance on a national certification |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
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|
1 |
| examination at the clinical
laboratory
scientist or medical |
2 |
| technologist level authorized by the Department and at least |
3 |
| one of the following:
|
4 |
| (1) Baccalaureate degree in clinical laboratory |
5 |
| science or medical
technology or the equivalent from an |
6 |
| accredited college or university and
successful completion |
7 |
| of an accredited clinical laboratory science or medical
|
8 |
| technology education program.
|
9 |
| (2) Baccalaureate degree from an accredited college or |
10 |
| university and
completion of 36 semester hours in the |
11 |
| biological, chemical, or medical
laboratory sciences in |
12 |
| addition to or part of the baccalaureate degree and
|
13 |
| successful completion of an accredited clinical laboratory |
14 |
| science or medical
technology education program or |
15 |
| successful completion of a 50-week or more
military medical |
16 |
| laboratory training program.
|
17 |
| (3) Baccalaureate degree from an accredited college or |
18 |
| university and
completion of 36 semester hours in the |
19 |
| biological, chemical, or medical
laboratory sciences in |
20 |
| addition to or part of the baccalaureate degree,
certified |
21 |
| as a
clinical laboratory technician or medical laboratory |
22 |
| technician, and completion of the equivalent of 2 years of
|
23 |
| full-time clinical laboratory work experience within the |
24 |
| last 4 years. This
experience
must have included a minimum |
25 |
| of 4 months in each of the 4 major clinical
laboratory |
26 |
| disciplines (chemistry or urinalysis, hematology, |
27 |
| immunohematology,
and microbiology).
|
28 |
| (4) Baccalaureate degree from an accredited college or |
29 |
| university and
completion of 36 semester hours in the |
30 |
| biological, chemical, or medical
laboratory sciences in |
31 |
| addition to or part of the baccalaureate degree and
|
32 |
| completion of the equivalent of 4 years of full-time |
33 |
| clinical laboratory work
experience within the last 8 |
34 |
| years. This experience must have included a
minimum of 4 |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| months in each of the 4 major clinical laboratory |
2 |
| disciplines
(chemistry or urinalysis, hematology, |
3 |
| immunohematology, and microbiology).
|
4 |
| (b) The Department shall issue a categorical technologist |
5 |
| license to an individual
who meets such qualifications as |
6 |
| promulgated by the Department, including successful
|
7 |
| performance on a categorical examination offered by a national |
8 |
| certification organization
authorized by the Department and at |
9 |
| least one of the following:
|
10 |
| (1) For the categories of microbiology and chemistry, |
11 |
| (i) a baccalaureate
degree from an accredited college or |
12 |
| university, (ii) successful completion of 30
semester |
13 |
| hours in the biological, chemical, or medical laboratory |
14 |
| sciences, and
(iii) one year of full-time experience within |
15 |
| the last 10 years in the category for
which licensure is |
16 |
| sought or successful completion of a structured training
|
17 |
| program that is under the auspices of an accredited medical |
18 |
| technology or clinical
laboratory science education |
19 |
| program in the category for which licensure is
sought.
|
20 |
| (2) For the categories of hematology, immunology, and
|
21 |
| immunohematology, (i) a baccalaureate degree from an |
22 |
| accredited college or
university, (ii) successful |
23 |
| completion of 30 semester hours in the biological,
chemical |
24 |
| or medical laboratory sciences, and (iii) 2 years of |
25 |
| full-time experience
within the last 10 years in the |
26 |
| category for which licensure is sought or successful
|
27 |
| completion of a structured training program that is under |
28 |
| the auspices of an
accredited medical technology or |
29 |
| clinical laboratory science education program in
the |
30 |
| category for which licensure is sought.
|
31 |
| (3) A masters or doctorate in a chemical, biological, |
32 |
| or medical
laboratory
science from an accredited college or |
33 |
| university and 6 months of full time
acceptable clinical |
34 |
| laboratory experience or clinical laboratory training
|
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| within the
last 10 years in the category for which |
2 |
| licensure is sought.
|
3 |
| The Department may establish other categorical |
4 |
| technologist licenses as
necessary, provided that the licenses |
5 |
| require a baccalaureate or graduate
degree in an
appropriate |
6 |
| field, clinical training or work experience, and national
|
7 |
| certification.
|
8 |
| (c) The Department shall issue a clinical laboratory |
9 |
| technician or medical laboratory technician license to
an
|
10 |
| individual who meets such qualifications as promulgated by the |
11 |
| Department,
which shall
include successful performance on a |
12 |
| national certification examination at the clinical
laboratory |
13 |
| technician or medical laboratory technician level authorized |
14 |
| by the Department and at least one of
the
following:
|
15 |
| (1) Associate's degree or 60 semester hours from an |
16 |
| accredited
post-secondary academic institution and |
17 |
| successful completion of an accredited
clinical laboratory |
18 |
| technician or medical laboratory technician education |
19 |
| program.
|
20 |
| (2) Associate's degree or 60 semester hours from an |
21 |
| accredited
post-secondary academic institution with 24 |
22 |
| semester hours of college course
work in
the biological, |
23 |
| chemical, or medical laboratory sciences, including 6 |
24 |
| semester
hours of chemistry and 6 semester hours of biology |
25 |
| and successful completion of
a 50-week or more military |
26 |
| medical laboratory training program.
|
27 |
| (3) Associate's degree or 60 semester hours from an |
28 |
| accredited
post-secondary academic institution with 24 |
29 |
| semester hours of college course
work in
the biological, |
30 |
| chemical, or medical laboratory sciences, including 6 |
31 |
| semester
hours of chemistry and 6 semester hours of biology |
32 |
| and successful completion of
an approved laboratory or |
33 |
| clinical assistant education program, and completion
of
|
34 |
| the equivalent of one year of full-time clinical laboratory |
|
|
|
09400HB3157ham001 |
- 15 - |
LRB094 07825 RAS 44466 a |
|
|
1 |
| work experience
within
the last 2 years. This experience |
2 |
| must have included a minimum of 3 months in
each of the 4 |
3 |
| major clinical laboratory disciplines (chemistry or |
4 |
| urinalysis,
hematology, immunohematology, and |
5 |
| microbiology). Laboratory work
experience must be under |
6 |
| the supervision of a certified clinical laboratory
|
7 |
| scientist or medical technologist, certified clinical |
8 |
| laboratory technician, or medical laboratory technician.
|
9 |
| (4) Associate's degree or 60 semester hours from an |
10 |
| accredited
post-secondary academic institution with 24 |
11 |
| semester hours of college course
work in
the biological, |
12 |
| chemical, or medical laboratory sciences, including 6 |
13 |
| semester
hours of chemistry and 6 semester hours of biology |
14 |
| and completion of the
equivalent of 2 years of full-time |
15 |
| clinical laboratory work experience within
the
last 4 |
16 |
| years. This experience must have included a minimum of 3 |
17 |
| months in each
of the 4 major clinical laboratory |
18 |
| disciplines (chemistry or urinalysis,
hematology,
|
19 |
| immunohematology, and microbiology). Completion of one |
20 |
| year of the
laboratory work experience must be under the |
21 |
| supervision of a certified
clinical
laboratory scientist |
22 |
| or medical technologist, certified clinical laboratory |
23 |
| technician, or medical laboratory technician.
|
24 |
| (d) The Department shall issue a cytotechnologist license |
25 |
| to an individual
who
meets such qualifications as promulgated |
26 |
| by the Department, which shall include
successful performance |
27 |
| on a national certification examination at the
|
28 |
| cytotechnologist level
authorized by the Department and a |
29 |
| baccalaureate degree from an accredited
college or
university |
30 |
| with 20 semester hours of biological science and 8 semester |
31 |
| hours of
chemical
science, and successful completion of an |
32 |
| accredited cytology laboratory
education
program.
|
33 |
| (e) The Department shall issue a license to perform |
34 |
| clinical laboratory testing for the purpose of detecting the |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| presence of any scheduled drug to an individual who meets the |
2 |
| qualifications promulgated by the Department, by rule.
|
3 |
| Section 45. Temporary license.
|
4 |
| (a) Licensure applicants who qualify by education, |
5 |
| experience, or training,
but
who have not taken or passed an |
6 |
| approved nationally recognized certification
examination
may |
7 |
| be granted a temporary license that will allow the individual |
8 |
| to engage in
the
practice of clinical laboratory science at the |
9 |
| appropriate level. The temporary
license will
be valid for 6 |
10 |
| months and can be renewed twice upon failure to pass an |
11 |
| approved
nationally recognized certification examination.
|
12 |
| (b) Internationally trained licensure applicants must have |
13 |
| their transcripts
evaluated by a transcript evaluation agency |
14 |
| acceptable to the Department and
submitted
directly to the |
15 |
| national certifying agency. The evaluation must indicate that
|
16 |
| the
applicant's education is equivalent to that which is |
17 |
| required for licensure of U.S.
graduates in the level of |
18 |
| licensure being sought. Upon submission of proof to the
|
19 |
| Department of acceptance to sit for the certification |
20 |
| examination, the individual may
apply for a temporary license |
21 |
| in the corresponding category.
|
22 |
| Section 50. Waiver of requirements. The Department of |
23 |
| Financial and Professional Regulation
shall adopt rules |
24 |
| providing procedures for waiver of the requirements under
|
25 |
| Section 40 of this Act
for all applicants who hold a valid |
26 |
| license or equivalent issued by another
state if the
|
27 |
| requirements under which that license or the equivalent was |
28 |
| issued are equivalent
to or
exceed the standards required by |
29 |
| this Act.
|
30 |
| Section 55. Licensure application procedures.
|
31 |
| (a) Licensure applicants shall submit their application |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| for licensure to the
Department upon the forms prescribed and |
2 |
| furnished by the Department and shall
pay the
designated |
3 |
| application fee.
|
4 |
| (b) Upon receipt of an application and payment of a fee, |
5 |
| the Department
shall
issue
a license for a clinical laboratory |
6 |
| scientist or medical technologist,
categorical technologist,
|
7 |
| clinical laboratory technician or medical laboratory |
8 |
| technician, or cytotechnologist,
to any person who meets the |
9 |
| qualifications specified in
this Act and
the rules adopted |
10 |
| pursuant to this Act.
|
11 |
| Section 60. Licensure renewal.
|
12 |
| (a) A license issued under this Act shall expire 2 years |
13 |
| after receipt.
|
14 |
| (b) Every person licensed under this Act shall be issued a |
15 |
| renewal license
upon
(i) submission of an application for |
16 |
| renewal on a form prescribed by the
Department and
payment of |
17 |
| an appropriate fee determined by the Department and (ii) proof |
18 |
| of
completion, in the period since the license was first issued |
19 |
| or last renewed,
of at least 24
hours of continuing education |
20 |
| courses, clinics, lectures, training programs,
seminars, or
|
21 |
| other programs related to clinical laboratory practice that are |
22 |
| approved or
accepted by the
Board or proof of recertification |
23 |
| by a national accrediting organization that
mandates an
annual |
24 |
| minimum of 12 hours of continuing education.
|
25 |
| (c) The Department may require other such evidence of |
26 |
| competency as it shall
deem reasonably appropriate as a |
27 |
| prerequisite to the renewal of any license provided for
in this |
28 |
| Act, so long as the requirements are uniform as to application, |
29 |
| are reasonably
related to the measurement of qualification, |
30 |
| performance, or competence, and are
desirable and necessary for |
31 |
| the protection of the public health.
|
32 |
| Section 65. Disciplinary grounds.
|
|
|
|
09400HB3157ham001 |
- 18 - |
LRB094 07825 RAS 44466 a |
|
|
1 |
| (a) The Department may refuse to issue or renew or revoke a |
2 |
| license, may
suspend, place on probation, censure, or reprimand |
3 |
| a licensee, or may take such
other
disciplinary action as the |
4 |
| Department may deem appropriate, including the
imposition of
a |
5 |
| civil penalty not to exceed $5,000 for conduct that may result |
6 |
| from but not
necessarily
be limited to any of the following:
|
7 |
| (1) A material misstatement in furnishing information |
8 |
| to the Department.
|
9 |
| (2) A violation or negligent or intentional disregard |
10 |
| of this Act or the
rules adopted pursuant to this Act.
|
11 |
| (3) A conviction of any crime under the laws of the |
12 |
| United States or any
state or territory thereof which is a |
13 |
| felony or a misdemeanor, an essential
element
of which is |
14 |
| dishonesty or of any crime which is directly related to the |
15 |
| practice of
the profession.
|
16 |
| (4) Making any misrepresentation for the purpose of |
17 |
| obtaining registration
or violating any provision of this |
18 |
| Act.
|
19 |
| (5) Professional incompetence.
|
20 |
| (6) Malpractice.
|
21 |
| (7) Failing to provide information in response to a |
22 |
| written request made by
the Department within 60 days after |
23 |
| receipt of the request.
|
24 |
| (8) Discipline by another state, territory, or country |
25 |
| if at least one of the
grounds for the discipline is the |
26 |
| same or substantially equivalent to those set forth
in this |
27 |
| Act.
|
28 |
| (9) Directly or indirectly giving to or receiving from |
29 |
| any person, firm,
corporation, partnership, or association |
30 |
| any fee, commission, rebate, or other form
of compensation |
31 |
| for any professional services not actually rendered.
|
32 |
| (10) A finding by the Department that the licensee, |
33 |
| after having his license
placed on probationary status, has |
34 |
| violated the terms of probation.
|
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| (11) Wilfully making or filing false records or reports |
2 |
| in his or her
practice, including, but not limited to, |
3 |
| false records filed with State agencies or
departments.
|
4 |
| (12) Violation of any standard of professional conduct |
5 |
| adopted by the
Department.
|
6 |
| (13) Engaging in dishonorable, unethical, or |
7 |
| unprofessional conduct of a
character likely to deceive, |
8 |
| defraud, or harm the public.
|
9 |
| (14) Providing professional services while mentally |
10 |
| incompetent or under
the influence of alcohol or narcotic |
11 |
| or controlled dangerous substance that is in
excess of |
12 |
| therapeutic amounts or without valid medical indication.
|
13 |
| (15) Directly or indirectly contracting to perform |
14 |
| clinical laboratory tests
in a manner that offers or |
15 |
| implies an offer of rebate, fee-splitting inducements or
|
16 |
| arrangements, or other remuneration.
|
17 |
| (16) Aiding or assisting another person in violating |
18 |
| any provision of this
Act or any rule adopted pursuant to |
19 |
| this Act.
|
20 |
| (b) The determination by a circuit court that a licensee is |
21 |
| subject to involuntary
admission or judicial admission, as |
22 |
| provided in the Mental Health and Developmental
Disabilities |
23 |
| Code, operates as an automatic suspension. Such suspension will |
24 |
| terminate
only upon a finding by a court that the patient is no |
25 |
| longer subject to involuntary
admission or judicial admission |
26 |
| and the issuance of an order so finding and discharging
the |
27 |
| patient, and upon the recommendation of the Board to the |
28 |
| Secretary that the registrant
be allowed to resume practice.
|
29 |
| (c) The Department may refuse to issue or may suspend the |
30 |
| registration of any
person who fails to file a return, to pay |
31 |
| the tax, penalty, or interest shown in a filed return,
or any |
32 |
| final assessment of tax, penalty, or interest, as required by |
33 |
| any tax Act
administered by the Illinois Department of Revenue, |
34 |
| until such time as the requirements
of such tax Act are |
|
|
|
09400HB3157ham001 |
- 20 - |
LRB094 07825 RAS 44466 a |
|
|
1 |
| satisfied.
|
2 |
| Section 70. Injunction; cease and desist order. |
3 |
| (a) If any person violates a provision of the Act, the |
4 |
| Secretary may, in the
name of
the People of the State of |
5 |
| Illinois, through the Attorney General of the State
of |
6 |
| Illinois,
petition for an order enjoining such violation or for |
7 |
| an order enforcing
compliance with
the Act. Upon the filing of |
8 |
| a verified petition in such court, the court may
issue a
|
9 |
| temporary restraining order, without notice or bond, and may |
10 |
| preliminarily and
permanently enjoin such violation, and if it |
11 |
| is established that such person
has violated or
is violating |
12 |
| this injunction, the Court may punish the offender for contempt |
13 |
| of
court.
Proceeding under this Section shall be in addition |
14 |
| to, and not in lieu of, all
other remedies
and penalties |
15 |
| provided by the Act.
|
16 |
| (b) If any person shall practice as a clinical laboratory |
17 |
| practitioner or hold
himself out as such without having a valid |
18 |
| license required under this Act, then any
licensee, any |
19 |
| interested party, or any person injured thereby may, in |
20 |
| addition to the
Secretary, petition for relief as provided in |
21 |
| subsection (a) of the Section.
|
22 |
| (c) Whenever in the opinion of the Department any person |
23 |
| violates any provision
of the Act, the Department may issue a |
24 |
| rule to show cause why an order to cease and
desist should not |
25 |
| be entered against him. The rule shall clearly set forth the |
26 |
| grounds
relied upon by the Department and shall provide a |
27 |
| period of 7 days from the date of the
rule to file an answer to |
28 |
| the satisfaction of the Department. Failure to answer to the
|
29 |
| satisfaction of the Department shall cause an order to cease |
30 |
| and desist to be issued.
|
31 |
| Section 75. Investigations. The Department may |
32 |
| investigate the actions of
any
applicant or of any person or |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| persons holding or claiming to hold a license to
engage in
the |
2 |
| practice of clinical laboratory science. Before refusing to |
3 |
| issue or renew
a license, the
Department shall notify in |
4 |
| writing the applicant or holder of the nature of the
charges |
5 |
| and
that a hearing will be held on the date designated. Such |
6 |
| notice shall be sent
at least 10
calendar days prior to the |
7 |
| date set for the hearing. Such written notice may be
served by
|
8 |
| personal delivery or certified or registered mail to the |
9 |
| respondent at the
address of his last
notification to the |
10 |
| Department. At the time and place fixed in the notice, the
|
11 |
| Board shall
proceed to hear the charges and the parties or |
12 |
| their counsel shall be accorded
ample
opportunity to present |
13 |
| such statements, testimony, evidence and argument as may
be
|
14 |
| pertinent to the charges or to the defense thereto. The Board |
15 |
| may continue such hearing.
|
16 |
| Section 80. Record of proceedings. The Department, at its |
17 |
| expense, shall
preserve
a record of all proceedings at the |
18 |
| formal hearing of any case involving the
refusal to issue
or |
19 |
| renew a license. The notice of hearing, complaint and all other |
20 |
| documents in
the
nature of pleadings and written motions filed |
21 |
| in the proceedings, the
transcript of
testimony, the report of |
22 |
| the Board and orders of the Department shall be the
record of
|
23 |
| such proceedings.
|
24 |
| Section 85. Compel witnesses. Any circuit court may, upon |
25 |
| application of the
Department or its designee, or of the |
26 |
| applicant or licensee against whom
proceedings
under Section 70 |
27 |
| of the Act are pending, enter an order requiring the
attendance |
28 |
| of
witnesses and their testimony, and the production of |
29 |
| documents, papers, files,
books, and
records in connection with |
30 |
| any hearing or investigation. The court may compel
obedience to |
31 |
| its order by proceedings for contempt.
|
|
|
|
09400HB3157ham001 |
- 22 - |
LRB094 07825 RAS 44466 a |
|
|
1 |
| Section 90. Findings of fact, conclusions of law, and |
2 |
| recommendations. At
the
conclusion of the hearing, the Board |
3 |
| shall present to the Secretary a written
report of its
findings |
4 |
| and recommendations. The report shall contain a finding whether |
5 |
| or not
the
accused person violated this Act or failed to comply |
6 |
| with the conditions
required in this
Act. The Board shall |
7 |
| specify the nature of the violation or failure to comply,
and |
8 |
| shall
make its recommendations to the Secretary.
|
9 |
| The report of findings of fact, conclusions of law, and |
10 |
| recommendations of
the
Board shall be the basis for the |
11 |
| Department's order for refusal or for the
granting of a
license |
12 |
| or for other disciplinary action. If the Secretary disagrees in |
13 |
| any
regard with the
report of the Board, the Secretary may |
14 |
| issue an order in contravention thereof.
The
Secretary shall |
15 |
| provide a written report to the Board on any deviation and |
16 |
| shall specify
with particularity the reasons for such action in |
17 |
| the final order. The finding is not
admissible in evidence |
18 |
| against the person in a criminal prosecution brought for the
|
19 |
| violation of this Act, but the hearing and finding are not a |
20 |
| bar to a criminal prosecution
brought for the violation of this |
21 |
| Act.
|
22 |
| Section 95. Motion for rehearing. In any case involving |
23 |
| the refusal to issue
or
renew a license or to discipline a |
24 |
| licensee, a copy of the Board's report shall
be served
upon the |
25 |
| respondent by the Department, either personally or as provided |
26 |
| in this
Act for
the service of the notice of hearing. Within 20 |
27 |
| calendar days after such
service, the
respondent may present to |
28 |
| the Department a motion in writing for a rehearing,
which
|
29 |
| motion shall specify the particular grounds therefor. If no |
30 |
| motion for
rehearing is filed,
then upon the expiration of the |
31 |
| time specified for filing such a motion, or if
a motion for
|
32 |
| rehearing is denied, then upon such denial the Secretary may |
33 |
| enter an order in
accordance
with recommendations of the Board, |
|
|
|
09400HB3157ham001 |
- 23 - |
LRB094 07825 RAS 44466 a |
|
|
1 |
| except as provided for in Section 85. If the
respondent shall |
2 |
| order from the reporting service, and pay for a transcript of
|
3 |
| the record
within the time for filing a motion for rehearing, |
4 |
| the 20 calendar day period within which
such a motion may be |
5 |
| filed shall commence upon the delivery of the transcript to the
|
6 |
| respondent.
|
7 |
| Section 100. Rehearing. Whenever the Secretary is not |
8 |
| satisfied that
substantial
justice has been done in the |
9 |
| revocation, suspension or refusal to issue or
renew a license,
|
10 |
| the Secretary may order a rehearing by the same or other |
11 |
| examiners.
|
12 |
| Section 105. Hearing officer. The Secretary shall have the |
13 |
| authority to
appoint any
attorney duly licensed to practice law |
14 |
| in the State of Illinois to serve as the
hearing officer
in any |
15 |
| action or refusal to issue or renew a license or discipline a |
16 |
| licensee.
The Secretary
shall notify the Board of any such |
17 |
| appointment. The hearing officer shall have
full
authority to |
18 |
| conduct the hearing. The hearing officer shall report his |
19 |
| finding
of fact,
conclusions of law, and recommendations to the |
20 |
| Board and the Secretary. The
Board shall
have 60 days from |
21 |
| receipt of the report to review the report of the hearing
|
22 |
| officer and
present its own findings of fact, conclusions of |
23 |
| law and recommendations to the
Secretary.
If the Board fails to |
24 |
| present its report within the 60 day period, the Secretary
|
25 |
| shall issue an
order based on the report of the hearing |
26 |
| officer. If the Secretary disagrees in any regard
with the |
27 |
| report of the Board or hearing officer, he may issue an order |
28 |
| in contravention
thereof. The Secretary shall provide a written |
29 |
| explanation to the Board of any such
deviation and shall |
30 |
| specify with particularity the reasons for such action in the |
31 |
| final order.
At least 2 licensed clinical laboratory |
32 |
| practitioner members of the Board shall be present
at all |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| formal hearings on the merits of complaints brought under the |
2 |
| provisions
of this
Act.
|
3 |
| Section 110. Prima facie proof. An order or a certified |
4 |
| copy thereof, over
the
seal of the Department and purporting to |
5 |
| be signed by the Secretary, shall be
prima facie
proof that:
|
6 |
| (1) the signature is the genuine signature of the |
7 |
| Secretary;
|
8 |
| (2) the Secretary is duly appointed and qualified; and
|
9 |
| (3) the Board and its members are qualified to act.
|
10 |
| Section 115. Restoration. At any time after the suspension |
11 |
| or revocation of
any
license, the Department may restore the |
12 |
| license to the accused person, upon the
written
recommendation |
13 |
| of the Board, unless after an investigation and a hearing, the
|
14 |
| Board
determines that restoration is not in the public |
15 |
| interest.
|
16 |
| Section 120. Surrender of license. Upon the revocation or |
17 |
| suspension of any
license, the licensee shall forthwith |
18 |
| surrender the license to the Department,
and if the
licensee |
19 |
| fails to do so, the Department shall have the right to seize |
20 |
| the
license.
|
21 |
| Section 125. Temporary suspension. The Secretary may |
22 |
| temporarily suspend the
license of a clinical laboratory |
23 |
| practitioner without a hearing, simultaneously
with the
|
24 |
| institution of proceedings for a hearing as provided in Section |
25 |
| 70 of this Act,
if the
Secretary finds that evidence in his or |
26 |
| her possession indicates that a clinical
laboratory
|
27 |
| practitioner's continuation in practice would constitute an |
28 |
| imminent danger to
the public.
In the event that the Secretary |
29 |
| suspends temporarily the license of a clinical
laboratory
|
30 |
| practitioner without a hearing, a hearing by the Board must be |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| held within 30
calendar
days after such suspension has |
2 |
| occurred.
|
3 |
| Section 130. Judicial review. All final administrative |
4 |
| decisions of the
Department
are subject to judicial review |
5 |
| pursuant to the provisions of the Administrative
Review
Law and |
6 |
| all rules adopted pursuant thereto. The term "administrative |
7 |
| decision"
is
defined as in Section 3-101 of the Administrative |
8 |
| Review Law.
Proceedings for judicial review shall be commenced |
9 |
| in the circuit court of
the
county in which the party applying |
10 |
| for review resides. If the party is not a
resident of this
|
11 |
| State, the venue shall be in Sangamon County.
|
12 |
| Section 135. Certification of record. The Department shall |
13 |
| not be required
to
certify any record to the court or file any |
14 |
| answer in court or otherwise appear
in any court
in a judicial |
15 |
| review proceeding, unless there is filed in the court, with the
|
16 |
| complaint, a
receipt from the Department acknowledging payment |
17 |
| of the costs of furnishing
and
certifying the record, which |
18 |
| costs shall be computed at the actual cost per
page of such
|
19 |
| record. Failure on the part of the plaintiff to file such |
20 |
| receipt in court
shall be grounds for
dismissal of the action.
|
21 |
| Section 140. Criminal penalties. Any person who is found |
22 |
| to have violated
any
provision of the Act is guilty of a Class |
23 |
| A misdemeanor for the first offense,
and a Class
4 felony for |
24 |
| second and subsequent offenses.
|
25 |
| Section 145. Illinois Administrative Procedure Act. The |
26 |
| Illinois
Administrative
Procedure Act is hereby expressly |
27 |
| adopted and incorporated herein as if all of
the
provisions of |
28 |
| such Act were included in this Act, except that the provision |
29 |
| of
paragraph
(d) of Section 10-65 of The Illinois |
30 |
| Administrative Procedure Act, which
provides that at
hearings |
|
|
|
09400HB3157ham001 |
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|
1 |
| the licensee has the right to show compliance with all lawful
|
2 |
| requirements for
retention, continuation, or renewal of the |
3 |
| license is specifically excluded.
For the
purpose of this Act, |
4 |
| the notice required under Section 10-25 of The Illinois
|
5 |
| Administrative Procedure Act is deemed sufficient when mailed |
6 |
| to the last know
address
of a party.
|
7 |
| Section 150. Home rule. The regulation and licensing of |
8 |
| clinical laboratory
practitioners are exclusive powers and |
9 |
| functions of the State. A unit of local
government,
including |
10 |
| home rule units, may not regulate or license clinical |
11 |
| laboratory
practitioners.
This Section is a denial and |
12 |
| limitation under subsection (h) of Section 6 of
Article VII of
|
13 |
| the Illinois Constitution.
|
14 |
| Section 900. The State Finance Act is amended by adding |
15 |
| Sections 5.640 and 5.641 and by changing Section 8h as follows: |
16 |
| (30 ILCS 105/5.640 new)
|
17 |
| Sec. 5.640. The Methamphetamine Treatment Fund. |
18 |
| (30 ILCS 105/5.641 new)
|
19 |
| Sec. 5.641. The Autism Community-Based Residential |
20 |
| Services Fund. |
21 |
| (30 ILCS 105/8h)
|
22 |
| Sec. 8h. Transfers to General Revenue Fund. |
23 |
| (a) Except as provided in subsection (b), notwithstanding |
24 |
| any other
State law to the contrary, the Governor
may, through |
25 |
| June 30, 2007, from time to time direct the State Treasurer and |
26 |
| Comptroller to transfer
a specified sum from any fund held by |
27 |
| the State Treasurer to the General
Revenue Fund in order to |
28 |
| help defray the State's operating costs for the
fiscal year. |
29 |
| The total transfer under this Section from any fund in any
|
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| fiscal year shall not exceed the lesser of (i) 8% of the |
2 |
| revenues to be deposited
into the fund during that fiscal year |
3 |
| or (ii) an amount that leaves a remaining fund balance of 25% |
4 |
| of the July 1 fund balance of that fiscal year. In fiscal year |
5 |
| 2005 only, prior to calculating the July 1, 2004 final |
6 |
| balances, the Governor may calculate and direct the State |
7 |
| Treasurer with the Comptroller to transfer additional amounts |
8 |
| determined by applying the formula authorized in Public Act |
9 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may |
10 |
| be made from a fund under this Section that would have the
|
11 |
| effect of reducing the available balance in the fund to an |
12 |
| amount less than
the amount remaining unexpended and unreserved |
13 |
| from the total appropriation
from that fund estimated to be |
14 |
| expended for that fiscal year. This Section does not apply to |
15 |
| any
funds that are restricted by federal law to a specific use, |
16 |
| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider |
17 |
| Fund, the Medicaid Provider Relief Fund, the Methamphetamine |
18 |
| Treatment Fund, the Autism Community-Based Residential |
19 |
| Services Fund, or the Reviewing Court Alternative Dispute |
20 |
| Resolution Fund, or to any
funds to which subsection (f) of |
21 |
| Section 20-40 of the Nursing and Advanced Practice Nursing Act |
22 |
| applies. Notwithstanding any
other provision of this Section, |
23 |
| for fiscal year 2004,
the total transfer under this Section |
24 |
| from the Road Fund or the State
Construction Account Fund shall |
25 |
| not exceed the lesser of (i) 5% of the revenues to be deposited
|
26 |
| into the fund during that fiscal year or (ii) 25% of the |
27 |
| beginning balance in the fund.
For fiscal year 2005 through |
28 |
| fiscal year 2007, no amounts may be transferred under this |
29 |
| Section from the Road Fund, the State Construction Account |
30 |
| Fund, the Criminal Justice Information Systems Trust Fund, the |
31 |
| Wireless Service Emergency Fund, or the Mandatory Arbitration |
32 |
| Fund.
|
33 |
| In determining the available balance in a fund, the |
34 |
| Governor
may include receipts, transfers into the fund, and |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
|
1 |
| other
resources anticipated to be available in the fund in that |
2 |
| fiscal year.
|
3 |
| The State Treasurer and Comptroller shall transfer the |
4 |
| amounts designated
under this Section as soon as may be |
5 |
| practicable after receiving the direction
to transfer from the |
6 |
| Governor.
|
7 |
| (b) This Section does not apply to any fund established |
8 |
| under the Community Senior Services and Resources Act.
|
9 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
10 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
11 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
12 |
| 1-15-05.)
|
13 |
| Section 997. Severability. The provisions of this Act are |
14 |
| severable under
Section 1.31 of the Statute on Statutes.
|
15 |
| Section 999. Effective date. This Act takes effect upon |
16 |
| becoming law.".
|