Rep. Angelo Saviano
Filed: 4/19/2007
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1 | AMENDMENT TO HOUSE BILL 123
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2 | AMENDMENT NO. ______. Amend House Bill 123 on page 2, | ||||||
3 | immediately below line 6, by inserting the following:
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4 | "Section 10. The Nursing Home Administrators Licensing and | ||||||
5 | Disciplinary Act is amended by changing Sections 4, 5, 5.1, 6, | ||||||
6 | 10.5, 11, 13, 15, 17, 18, 20, 20.1, 21, 22, 24, 24.1, 26, and 28 | ||||||
7 | as follows:
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8 | (225 ILCS 70/4) (from Ch. 111, par. 3654)
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9 | (Section scheduled to be repealed on January 1, 2008)
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10 | Sec. 4. Definitions. For purposes of this Act, the | ||||||
11 | following
definitions shall have the following meanings, | ||||||
12 | except where the context
requires otherwise:
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13 | (1) "Act" means the Nursing Home Administrators | ||||||
14 | Licensing and
Disciplinary Act.
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15 | (2) "Department" means the Department of Financial and
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16 | Professional
Regulation.
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1 | (3) "Secretary"
"Director" means the Secretary
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2 | Director of Financial and Professional
Regulation.
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3 | (4) "Board" means the Nursing Home Administrators | ||||||
4 | Licensing
and Disciplinary Board appointed by the | ||||||
5 | Governor.
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6 | (5) "Nursing home administrator" means the individual | ||||||
7 | licensed
under this
Act and directly responsible for | ||||||
8 | planning, organizing, directing and
supervising the | ||||||
9 | operation of a nursing home, or who in fact performs such
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10 | functions, whether or not such functions are delegated to | ||||||
11 | one or more
other persons.
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12 | (6) "Nursing home" or "facility" means any entity that | ||||||
13 | is required to be
licensed by the Department of Public | ||||||
14 | Health under the Nursing Home
Care Act, as amended, other | ||||||
15 | than a sheltered care home as
defined thereunder, and | ||||||
16 | includes private homes, institutions,
buildings,
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17 | residences, or other places, whether operated for profit or | ||||||
18 | not,
irrespective of the names attributed to them, county | ||||||
19 | homes for the infirm
and chronically ill operated pursuant | ||||||
20 | to the County Nursing Home Act, as
amended, and any similar | ||||||
21 | institutions operated by a political subdivision
of the | ||||||
22 | State of Illinois that provide, though their ownership or
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23 | management, maintenance, personal care, and nursing for 3 | ||||||
24 | or more persons,
not related to the owner by blood or | ||||||
25 | marriage, or any similar facilities in
which maintenance is | ||||||
26 | provided to 3 or more persons who by reason of illness
of |
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1 | physical infirmity require personal care and nursing.
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2 | (7) "Maintenance" means food, shelter and laundry.
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3 | (8) "Personal care" means assistance with meals, | ||||||
4 | dressing,
movement,
bathing, or other personal needs, or | ||||||
5 | general supervision of
the physical and
mental well-being | ||||||
6 | of an individual who because of age, physical, or mental
| ||||||
7 | disability, emotion or behavior disorder, or mental | ||||||
8 | retardation is
incapable of managing his or her person, | ||||||
9 | whether or not a guardian has been
appointed for such | ||||||
10 | individual. For the purposes of this Act, this
definition | ||||||
11 | does not include the professional services of a nurse.
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12 | (9) "Nursing" means professional nursing or practical | ||||||
13 | nursing,
as those terms are defined in the Nursing and | ||||||
14 | Advanced Practice Nursing Act,
for sick or infirm persons | ||||||
15 | who are under the care
and supervision of licensed | ||||||
16 | physicians or dentists.
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17 | (10) "Disciplinary action" means revocation, | ||||||
18 | suspension,
probation, supervision, reprimand, required | ||||||
19 | education, fines or
any other action taken by the | ||||||
20 | Department against a person holding a
license.
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21 | (11) "Impaired" means the inability to practice with
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22 | reasonable skill and
safety due to physical or mental | ||||||
23 | disabilities as evidenced by a written
determination or | ||||||
24 | written consent based on clinical evidence including
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25 | deterioration through the aging process or loss of motor | ||||||
26 | skill, or abuse of
drugs or alcohol, of sufficient degree |
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1 | to diminish a person's ability to
administer a nursing | ||||||
2 | home.
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3 | (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
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4 | (225 ILCS 70/5) (from Ch. 111, par. 3655)
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5 | (Section scheduled to be repealed on January 1, 2008)
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6 | Sec. 5. Board.
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7 | (a) There is hereby created the Nursing Home Administrators
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8 | Licensing and Disciplinary Board. The Board shall consist of 7
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9 | 9 members
appointed by the Governor. All shall be residents of | ||||||
10 | the State of
Illinois. Two
Three members shall be | ||||||
11 | representatives of the general public.
Five
Six members shall | ||||||
12 | be nursing home administrators who for at least 5 years
prior | ||||||
13 | to their appointments were licensed under this Act. The public
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14 | members shall have no responsibility for management or | ||||||
15 | formation of policy
of, nor any financial interest in, nursing | ||||||
16 | homes as defined in this Act,
nor any other connection with the | ||||||
17 | profession. In appointing licensed
nursing home | ||||||
18 | administrators, the Governor shall take into consideration the
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19 | recommendations of the nursing home professional associations.
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20 | (b) Members shall be appointed for a term of
4 years by the | ||||||
21 | Governor. The Governor shall fill any vacancy
for the remainder | ||||||
22 | of the unexpired term.
Any member of the Board may be removed | ||||||
23 | by the Governor for cause. Each
member shall serve on the Board
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24 | until his or her successor is appointed and qualified. No | ||||||
25 | member
of the Board shall serve more than 2 consecutive 4 year |
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1 | terms.
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2 | In making appointments the Governor shall attempt to
insure | ||||||
3 | that the various geographic regions of the
State of Illinois | ||||||
4 | are properly represented.
| ||||||
5 | (c) The Board shall annually elect one of
its members as | ||||||
6 | chairperson and one as vice chairperson. No officer shall be
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7 | elected more than twice
in succession to the same office. Each | ||||||
8 | officer shall serve
until his or her successor has been elected | ||||||
9 | and qualified.
| ||||||
10 | (d) A majority of the Board members currently appointed | ||||||
11 | shall constitute a
quorum. A vacancy in the membership of
the | ||||||
12 | Board shall not impair the right of a
quorum to exercise all | ||||||
13 | the rights and perform all the duties
of the Board.
| ||||||
14 | (e) Each member and member-officer of the
Board may
shall
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15 | receive a per diem stipend as the
Secretary
Director shall | ||||||
16 | determine. Each member shall be paid their necessary
expenses | ||||||
17 | while engaged in the performance of his or her duties.
| ||||||
18 | (f) (Blank).
| ||||||
19 | (g) (Blank).
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20 | (h) Members of the Board shall be immune
from suit in any | ||||||
21 | action based upon any disciplinary
proceedings or other acts | ||||||
22 | performed in good faith as members
of the Board.
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23 | (i) (Blank).
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24 | (j) The Secretary
Director shall give due consideration to | ||||||
25 | all recommendations of
the Board. If the Secretary
Director
| ||||||
26 | disagrees with or takes action contrary to the
recommendation |
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1 | of the Board, he or she shall provide the Board with a written
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2 | and specific explanation of his or her action.
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3 | (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97.)
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4 | (225 ILCS 70/5.1)
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5 | (Section scheduled to be repealed on January 1, 2008)
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6 | Sec. 5.1. Powers and duties; rules. The Department shall | ||||||
7 | exercise the
powers and duties prescribed by
the Civil | ||||||
8 | Administrative Code of Illinois for administration of | ||||||
9 | licensing acts
and shall exercise such other powers and duties | ||||||
10 | necessary for effectuating the
purposes of this Act. The | ||||||
11 | Department shall adopt rules to implement,
interpret, or make | ||||||
12 | specific the provisions and purposes of this Act and may
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13 | prescribe forms that shall be issued in connection with | ||||||
14 | rulemaking. The
Department shall transmit the proposed | ||||||
15 | rulemaking to the Board.
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16 | The Department may solicit the advice of the Board on any | ||||||
17 | matter relating to
the administration and enforcement of this | ||||||
18 | Act.
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19 | The Director shall employ, in conformity with the Personnel | ||||||
20 | Code,
professional, technical, investigative, and clerical | ||||||
21 | help on a
full-time or
part-time basis as necessary for the | ||||||
22 | proper performance of its duties.
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23 | Upon the written request of the Department, the Department | ||||||
24 | of Public Health, the Department of Human
Services or the | ||||||
25 | Department of State Police may cooperate and assist in
any |
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| |||||||
1 | investigation undertaken by the Board.
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2 | (Source: P.A. 90-61, eff. 12-30-97.)
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3 | (225 ILCS 70/6) (from Ch. 111, par. 3656)
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4 | (Section scheduled to be repealed on January 1, 2008)
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5 | Sec. 6. Application procedure. Applications for original | ||||||
6 | licenses shall
be made to the
Department in writing on forms | ||||||
7 | prescribed by the Department and shall be
accompanied by the | ||||||
8 | required fee, which shall not be refundable. The
application | ||||||
9 | shall require information as in the judgment of the
Department | ||||||
10 | will enable the Department to pass on the
qualifications of the
| ||||||
11 | applicant for a license.
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12 | Applicants have 3 years after the date of application to | ||||||
13 | complete the application process. If the process has not been | ||||||
14 | completed in 3 years, the application shall be denied, the fee | ||||||
15 | forfeited, and the applicant must reapply and meet the | ||||||
16 | requirements in effect at the time of reapplication.
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17 | (Source: P.A. 90-61, eff. 12-30-97.)
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18 | (225 ILCS 70/10.5)
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19 | (Section scheduled to be repealed on January 1, 2008)
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20 | Sec. 10.5. Unlicensed practice; violation; civil penalty.
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21 | (a) Any person who practices, offers to practice, attempts | ||||||
22 | to practice, or
holds oneself out to practice as a nursing home | ||||||
23 | administrator without being
licensed under this Act shall, in
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24 | addition to any other penalty provided by law, pay a civil |
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1 | penalty to the
Department in an amount not to exceed $10,000
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2 | $5,000 for each offense as determined by
the Department. The | ||||||
3 | civil penalty shall be assessed by the Department after a
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4 | hearing is held in accordance with the provisions set forth in | ||||||
5 | this Act
regarding the provision of a hearing for the | ||||||
6 | discipline of a licensee.
| ||||||
7 | (b) The Department has the authority and power to | ||||||
8 | investigate any and all
unlicensed activity.
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9 | (c) The civil penalty shall be paid within 60 days after | ||||||
10 | the effective date
of the order imposing the civil penalty. The | ||||||
11 | order shall constitute a judgment
and may be filed and | ||||||
12 | execution had thereon in the same manner as any judgment
from | ||||||
13 | any court of record.
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14 | (Source: P.A. 89-474, eff. 6-18-96.)
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15 | (225 ILCS 70/11) (from Ch. 111, par. 3661)
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16 | (Section scheduled to be repealed on January 1, 2008)
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17 | Sec. 11. Expiration; renewal; continuing education. The | ||||||
18 | expiration date
and renewal period for each license
issued | ||||||
19 | under this Act shall be set by rule.
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20 | Each licensee shall provide proof of having obtained 36 | ||||||
21 | hours of
continuing education in the 2 year period preceding | ||||||
22 | the renewal date of the
license as a condition of license | ||||||
23 | renewal. The continuing education
requirement may be waived in | ||||||
24 | part or in whole for such good cause as may be
determined by | ||||||
25 | rule.
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1 | Any continuing education course for nursing home | ||||||
2 | administrators approved
by the National Continuing Education | ||||||
3 | Review Service of the National
Association of Boards of | ||||||
4 | Examiners of Nursing Home Administrators will be
accepted | ||||||
5 | toward satisfaction of these requirements.
| ||||||
6 | Any continuing education course for nursing home | ||||||
7 | administrators sponsored
by the Life Services Network of | ||||||
8 | Illinois, Illinois Council on
Long Term Care, County Nursing | ||||||
9 | Home Association of Illinois, Illinois Health
Care | ||||||
10 | Association, Illinois Chapter of American College of Health | ||||||
11 | Care
Administrators, and the Illinois Nursing Home | ||||||
12 | Administrators Association
will be accepted toward | ||||||
13 | satisfaction of these requirements.
| ||||||
14 | Any school, college or university, State agency, or other | ||||||
15 | entity may
apply to the Department for approval as a continuing | ||||||
16 | education
sponsor.
Criteria for qualification as a continuing | ||||||
17 | education sponsor shall be
established by rule.
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18 | It shall be the responsibility of each continuing education | ||||||
19 | sponsor to
maintain records, as prescribed by rule, to verify | ||||||
20 | attendance.
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21 | The Department shall establish by rule a means for the | ||||||
22 | verification of
completion of the continuing education | ||||||
23 | required by this Section. This
verification may be accomplished | ||||||
24 | through audits of records maintained by
registrants; by | ||||||
25 | requiring the filing of continuing education certificates
with | ||||||
26 | the Department; or by other means
established by the |
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1 | Department.
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2 | Any nursing home administrator who has permitted his or her | ||||||
3 | license to
expire or
who has had his or her license on inactive | ||||||
4 | status may have his or her
license restored by
making | ||||||
5 | application to the Department and filing proof acceptable to | ||||||
6 | the
Department , as defined by rule, of his or her fitness to | ||||||
7 | have his or her license restored
and by paying the
required | ||||||
8 | fee. Proof of fitness may include evidence certifying to active
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9 | lawful practice in another jurisdiction satisfactory to the | ||||||
10 | Department and
by paying the required restoration fee.
| ||||||
11 | However, any nursing home administrator whose license | ||||||
12 | expired while he or
she
was (1) in federal service on active | ||||||
13 | duty with the Armed Forces of the
United States, or the State | ||||||
14 | Militia called into service or training, or (2)
in training or | ||||||
15 | education under the supervision of the United States
| ||||||
16 | preliminary to induction into the military services, may have | ||||||
17 | his or her
license
renewed or restored without paying any | ||||||
18 | lapsed renewal fees if within 2
years after honorable | ||||||
19 | termination of such service, training or education,
he or she | ||||||
20 | furnishes the Department with satisfactory evidence to the | ||||||
21 | effect
that
he or she has been so engaged and that his or her | ||||||
22 | service, training or
education has been
so terminated.
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23 | (Source: P.A. 90-61, eff. 12-30-97.)
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24 | (225 ILCS 70/13) (from Ch. 111, par. 3663)
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25 | (Section scheduled to be repealed on January 1, 2008)
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1 | Sec. 13. Endorsement. The Department may, in its | ||||||
2 | discretion, license as a
nursing
home administrator, without | ||||||
3 | examination, on payment of the required fee, an
applicant who | ||||||
4 | is so licensed under the laws of another U.S. jurisdiction,
if | ||||||
5 | the requirements for licensure in the other jurisdiction in | ||||||
6 | which the
applicant was licensed were, at the date of his or | ||||||
7 | her licensure,
substantially
equivalent to the requirements | ||||||
8 | then in force in this State; or if the
applicant's | ||||||
9 | qualifications were, at the date of his or her licensure in the
| ||||||
10 | other
jurisdiction, substantially equivalent to the | ||||||
11 | requirements then in force
in this State.
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12 | Notwithstanding the provisions of this Section, all | ||||||
13 | applicants seeking
licensure under this Section shall be | ||||||
14 | required to take and pass an
examination testing the | ||||||
15 | applicant's knowledge of Illinois law relating to
the practice | ||||||
16 | of nursing home administration.
| ||||||
17 | Applicants have 3 years from the date of application to | ||||||
18 | complete the
application process. If the process has not been | ||||||
19 | completed in 3 years,
the application shall be denied, the fee | ||||||
20 | shall be forfeited, and the
applicant must
reapply and meet the | ||||||
21 | requirements in effect at the time of reapplication.
| ||||||
22 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
23 | (225 ILCS 70/15) (from Ch. 111, par. 3665)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2008)
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25 | Sec. 15. Returned checks; fines. Any person who delivers a |
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1 | check or other payment to the Department that
is returned to | ||||||
2 | the Department unpaid by the financial institution upon
which | ||||||
3 | it is drawn shall pay to the Department, in addition to the | ||||||
4 | amount
already owed to the Department, a fine of $50. The fines | ||||||
5 | imposed by this Section are in addition
to any other discipline | ||||||
6 | provided under this Act for unlicensed
practice or practice on | ||||||
7 | a nonrenewed license. The Department shall notify
the person | ||||||
8 | that payment of fees and fines shall be paid to the Department
| ||||||
9 | by certified check or money order within 30 calendar days of | ||||||
10 | the
notification. If, after the expiration of 30 days from the | ||||||
11 | date of the
notification, the person has failed to submit the | ||||||
12 | necessary remittance, the
Department shall automatically | ||||||
13 | terminate the license or deny
the application, without hearing. | ||||||
14 | If, after termination or denial, the
person seeks a license, he | ||||||
15 | or she shall apply to the
Department for restoration or | ||||||
16 | issuance of the license and
pay all fees and fines due to the | ||||||
17 | Department. The Department may establish
a fee for the | ||||||
18 | processing of an application for restoration of a license to | ||||||
19 | pay
all expenses of processing this application. The Secretary
| ||||||
20 | Director
may waive the fines due under this Section in | ||||||
21 | individual cases where the
Secretary
Director finds that the | ||||||
22 | fines would be unreasonable or unnecessarily
burdensome.
| ||||||
23 | (Source: P.A. 92-146, eff. 1-1-02.)
| ||||||
24 | (225 ILCS 70/17) (from Ch. 111, par. 3667)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2008)
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1 | Sec. 17. Grounds for disciplinary action.
| ||||||
2 | (a) The Department may impose fines not to exceed $10,000
| ||||||
3 | $1,000, or may
refuse to issue or to renew, or may revoke, | ||||||
4 | suspend, place on probation,
censure, reprimand or take other | ||||||
5 | disciplinary or non-disciplinary action with regard to the
| ||||||
6 | license of any person, for any one or combination
of the | ||||||
7 | following causes:
| ||||||
8 | (1) Intentional material misstatement in furnishing | ||||||
9 | information
to
the Department.
| ||||||
10 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
11 | contendere to any crime that is a felony under the laws of | ||||||
12 | the United States
or any
state or territory thereof that is | ||||||
13 | a felony or
a misdemeanor of which an
essential element is | ||||||
14 | dishonesty , or of any crime that is directly
related to the | ||||||
15 | practice of the profession of nursing home administration.
| ||||||
16 | (3) Making any misrepresentation for the purpose of | ||||||
17 | obtaining
a license,
or violating any provision of this | ||||||
18 | Act.
| ||||||
19 | (4) Immoral conduct in the commission of any act, such | ||||||
20 | as
sexual abuse or
sexual misconduct, related to the | ||||||
21 | licensee's practice.
| ||||||
22 | (5) Failing to respond within 30
60 days, to a
written | ||||||
23 | request made by the Department for information.
| ||||||
24 | (6) Engaging in dishonorable, unethical or | ||||||
25 | unprofessional
conduct of a
character likely to deceive, | ||||||
26 | defraud or harm the public.
|
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| |||||||
1 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
2 | stimulants, or any
other chemical agent or drug which | ||||||
3 | results in the inability to practice
with reasonable | ||||||
4 | judgment, skill or safety.
| ||||||
5 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
6 | one of the grounds for the discipline is the same or | ||||||
7 | substantially
equivalent to those set forth herein.
| ||||||
8 | (9) A finding by the Department that the licensee, | ||||||
9 | after having
his or her license
placed on probationary | ||||||
10 | status has violated the terms of probation.
| ||||||
11 | (10) Willfully making or filing false records or | ||||||
12 | reports in
his or her
practice,
including but not limited | ||||||
13 | to false records filed with State agencies or
departments.
| ||||||
14 | (11) Physical illness, mental illness, or other | ||||||
15 | impairment or disability, including , but not limited to,
| ||||||
16 | deterioration
through the aging process, or loss of motor | ||||||
17 | skill that results in
the
inability to practice the | ||||||
18 | profession with reasonable judgment, skill or safety.
| ||||||
19 | (12) Disregard or violation of this Act or of any rule
| ||||||
20 | issued pursuant to this Act.
| ||||||
21 | (13) Aiding or abetting another in the violation of | ||||||
22 | this Act
or any rule
or regulation issued pursuant to this | ||||||
23 | Act.
| ||||||
24 | (14) Allowing one's license to be used by an unlicensed
| ||||||
25 | person.
| ||||||
26 | (15) (Blank).
Conviction of any crime an essential |
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| |||||||
1 | element of which is
misstatement, fraud or dishonesty, or | ||||||
2 | conviction in this State or another
state
of any crime that | ||||||
3 | is a felony under the laws of this State or
conviction
of a | ||||||
4 | felony in a federal court.
| ||||||
5 | (16) Professional incompetence in the practice of | ||||||
6 | nursing
home administration.
| ||||||
7 | (17) Conviction of a violation of Section 12-19 of the
| ||||||
8 | Criminal Code of
1961 for the abuse and gross neglect of a | ||||||
9 | long term care facility resident.
| ||||||
10 | (18) Violation of the Nursing Home Care Act or of any | ||||||
11 | rule
issued under the Nursing Home Care Act.
| ||||||
12 | All proceedings to suspend, revoke, place on
probationary | ||||||
13 | status, or take any other disciplinary action
as the Department | ||||||
14 | may deem proper, with regard to a license
on any of the | ||||||
15 | foregoing grounds, must be commenced within
3 years next after | ||||||
16 | receipt by the Department of (i) a
complaint
alleging the | ||||||
17 | commission of or notice of the conviction order
for any of the | ||||||
18 | acts described herein or (ii) a referral for investigation
| ||||||
19 | under
Section 3-108 of the Nursing Home Care Act.
| ||||||
20 | The entry of an order or judgment by any circuit court | ||||||
21 | establishing that
any person holding a license under this Act | ||||||
22 | is a person in need of mental
treatment operates as a | ||||||
23 | suspension of that license. That person may resume
their | ||||||
24 | practice only upon the entry of a Department order based upon a
| ||||||
25 | finding by the Board that they have been determined to
be | ||||||
26 | recovered from mental illness by the court and upon the
Board's |
| |||||||
| |||||||
1 | recommendation that they be permitted to resume their practice.
| ||||||
2 | The Department, upon the recommendation of the
Board, may
| ||||||
3 | shall adopt rules which set forth
standards to be used in | ||||||
4 | determining what constitutes:
| ||||||
5 | (i)
(a) when a person will be deemed sufficiently
| ||||||
6 | rehabilitated to warrant the public trust;
| ||||||
7 | (ii)
(b) dishonorable, unethical or
unprofessional | ||||||
8 | conduct of a character likely to deceive,
defraud, or harm | ||||||
9 | the public;
| ||||||
10 | (iii)
(c) immoral conduct in the commission
of any act | ||||||
11 | related to the licensee's practice; and
| ||||||
12 | (iv)
(d) professional incompetence in the practice
of | ||||||
13 | nursing home administration.
| ||||||
14 | However, no such rule shall be admissible into evidence
in | ||||||
15 | any civil action except for review of a licensing or
other | ||||||
16 | disciplinary action under this Act.
| ||||||
17 | In enforcing this Section, the Department or Board, upon a | ||||||
18 | showing of a
possible
violation,
may compel any individual | ||||||
19 | licensed to practice under this
Act, or who has applied for | ||||||
20 | licensure
pursuant to this Act, to submit to a mental or | ||||||
21 | physical
examination, or both, as required by and at the | ||||||
22 | expense of
the Department. The examining physician or | ||||||
23 | physicians shall
be those specifically designated by the | ||||||
24 | Department or Board.
The Department or Board may order the | ||||||
25 | examining physician to present
testimony
concerning this | ||||||
26 | mental or physical examination of the licensee or applicant. No
|
| |||||||
| |||||||
1 | information shall be excluded by reason of any common law or | ||||||
2 | statutory
privilege relating to communications between the | ||||||
3 | licensee or applicant and the
examining physician.
The | ||||||
4 | individual to be examined may have, at his or her own
expense, | ||||||
5 | another physician of his or her choice present
during all | ||||||
6 | aspects of the examination. Failure of any
individual to submit | ||||||
7 | to mental or physical examination, when
directed, shall be | ||||||
8 | grounds for suspension of his or her
license until such time as | ||||||
9 | the individual submits to the
examination if the Department | ||||||
10 | finds, after notice
and hearing, that the refusal to submit to | ||||||
11 | the examination
was without reasonable cause.
| ||||||
12 | If the Department or Board
finds an individual unable to | ||||||
13 | practice
because of the reasons
set forth in this Section, the | ||||||
14 | Department or Board shall
require such individual to submit to | ||||||
15 | care, counseling, or
treatment by physicians approved or | ||||||
16 | designated by the
Department or Board, as a condition, term, or | ||||||
17 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
18 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
19 | Department may file, or the Board may recommend to the
| ||||||
20 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
21 | or otherwise discipline the license of the
individual.
Any | ||||||
22 | individual whose license was granted pursuant to
this Act or | ||||||
23 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
24 | subject to such terms, conditions
or restrictions who shall | ||||||
25 | fail to comply with such terms,
conditions or restrictions
| ||||||
26 | shall be referred to the Secretary
Director for a
determination |
| |||||||
| |||||||
1 | as to whether the licensee shall have his or her
license | ||||||
2 | suspended immediately, pending a hearing by the
Department. In | ||||||
3 | instances in which the Secretary
Director
immediately suspends | ||||||
4 | a license under this Section, a hearing
upon such person's | ||||||
5 | license must be convened by the
Board within 30
15 days after | ||||||
6 | such suspension and
completed without appreciable delay. The | ||||||
7 | Department and Board
shall have the authority to review the | ||||||
8 | subject administrator's
record of treatment and counseling | ||||||
9 | regarding the impairment,
to the extent permitted by applicable | ||||||
10 | federal statutes and
regulations safeguarding the | ||||||
11 | confidentiality of medical records.
| ||||||
12 | An individual licensed under this Act, affected under
this | ||||||
13 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
14 | Department or Board that he or she can
resume
practice in | ||||||
15 | compliance with acceptable and prevailing
standards under the | ||||||
16 | provisions of his or her license.
| ||||||
17 | (b) Any individual or
organization acting in good faith, | ||||||
18 | and not in a wilful and
wanton manner, in complying with this | ||||||
19 | Act by providing any
report or other information to the | ||||||
20 | Department, or
assisting in the investigation or preparation of | ||||||
21 | such
information, or by participating in proceedings of the
| ||||||
22 | Department, or by serving as a member of the
Board, shall not, | ||||||
23 | as a result of such actions,
be subject to criminal prosecution | ||||||
24 | or civil damages.
| ||||||
25 | (c) Members of the Board, and persons
retained under | ||||||
26 | contract to assist and advise in an investigation,
shall be |
| |||||||
| |||||||
1 | indemnified by the State for any actions
occurring within the | ||||||
2 | scope of services on or for the Board, done in good
faith
and | ||||||
3 | not wilful and wanton in
nature. The Attorney General shall | ||||||
4 | defend all such actions
unless he or she determines either that | ||||||
5 | there would be a
conflict of interest in such representation or | ||||||
6 | that the
actions complained of were not in good faith or were | ||||||
7 | wilful and wanton.
| ||||||
8 | Should the Attorney General decline representation,
a | ||||||
9 | person entitled to indemnification under this Section shall | ||||||
10 | have the
right to employ counsel of his or her
choice, whose | ||||||
11 | fees shall be provided by the State, after
approval by the | ||||||
12 | Attorney General, unless there is a
determination by a court | ||||||
13 | that the member's actions were not
in good faith or were wilful | ||||||
14 | and wanton.
| ||||||
15 | A person entitled to indemnification under this
Section | ||||||
16 | must notify the Attorney General within 7
days of receipt of | ||||||
17 | notice of the initiation of any action
involving services of | ||||||
18 | the Board. Failure to so
notify the Attorney General shall | ||||||
19 | constitute an absolute
waiver of the right to a defense and | ||||||
20 | indemnification.
| ||||||
21 | The Attorney General shall determine within 7 days
after | ||||||
22 | receiving such notice, whether he or she will undertake to | ||||||
23 | represent
a
person entitled to indemnification under this | ||||||
24 | Section.
| ||||||
25 | (d) The determination by a circuit court that a licensee is | ||||||
26 | subject to
involuntary admission or judicial admission as |
| |||||||
| |||||||
1 | provided in the Mental
Health and Developmental Disabilities | ||||||
2 | Code, as amended, operates as an
automatic suspension. Such | ||||||
3 | suspension will end only upon a finding by a
court that the | ||||||
4 | patient is no longer subject to involuntary admission or
| ||||||
5 | judicial admission and issues an order so finding and | ||||||
6 | discharging the
patient; and upon the recommendation of the | ||||||
7 | Board to the Secretary
Director that
the licensee be allowed to | ||||||
8 | resume his or her practice.
| ||||||
9 | (e) The Department may refuse to issue or may suspend the | ||||||
10 | license of
any person who fails to file a return, or to pay the | ||||||
11 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
12 | final assessment of tax,
penalty or interest, as required by | ||||||
13 | any tax Act administered by the Department of Revenue, until | ||||||
14 | such time as the requirements of any
such tax Act are | ||||||
15 | satisfied.
| ||||||
16 | (f) The Department of Public Health shall transmit to the
| ||||||
17 | Department a list of those facilities which receive an "A" | ||||||
18 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
19 | Act.
| ||||||
20 | (Source: P.A. 89-197, eff. 7-21-95; 90-61, eff. 12-30-97.)
| ||||||
21 | (225 ILCS 70/18) (from Ch. 111, par. 3668)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
23 | Sec. 18. Cease and desist order.
| ||||||
24 | (a) If any person who is not a licensed nursing home | ||||||
25 | administrator
violates a provision of this Act, the
Secretary
|
| |||||||
| |||||||
1 | Director may, in the name of the People of the State of | ||||||
2 | Illinois, through
the Attorney General of the State of Illinois | ||||||
3 | or the State's Attorney of
any county in which the action is | ||||||
4 | brought, petition for an order enjoining
such violation or for | ||||||
5 | an order enforcing compliance with this Act. Upon
the filing of | ||||||
6 | a verified petition in court, the court may issue a temporary
| ||||||
7 | restraining order, without notice or bond, and may | ||||||
8 | preliminarily and
permanently enjoin such violation. If it is | ||||||
9 | established that such
person has violated or is violating the | ||||||
10 | injunction, the Court may punish
the offender for contempt of | ||||||
11 | court. Proceedings under this Section shall
be in addition to, | ||||||
12 | and not in lieu of, all other remedies and penalties
provided | ||||||
13 | by this Act.
| ||||||
14 | (b) If any person shall practice as a nursing home | ||||||
15 | administrator or hold
himself or herself out as a nursing home | ||||||
16 | administrator without being
licensed under
the provisions of | ||||||
17 | this Act, then any licensed nursing home administrator,
any | ||||||
18 | interested party, or any person injured thereby may, in | ||||||
19 | addition to the Secretary
Director , petition for relief as | ||||||
20 | provided in subsection (a) of this Section.
| ||||||
21 | Whoever knowingly practices or offers to practice nursing | ||||||
22 | home
administration in this State without being licensed for | ||||||
23 | that purpose shall
be guilty of a Class A misdemeanor and for | ||||||
24 | each subsequent conviction
shall be guilty of a Class 4 felony.
| ||||||
25 | (c) Whenever in the opinion of the Department any person | ||||||
26 | not licensed in
good standing violates any provision of this |
| |||||||
| |||||||
1 | Act, the Department may issue
a rule to show cause why an order | ||||||
2 | to cease and desist should not be entered
against him or her. | ||||||
3 | The rule shall clearly set forth the grounds relied
upon by
the | ||||||
4 | Department and shall provide a period of 7 working days from | ||||||
5 | the date
of the rule to file an answer to the satisfaction of | ||||||
6 | the Department.
Failure to answer to the satisfaction of the | ||||||
7 | Department shall cause an
order to cease and desist to be | ||||||
8 | issued immediately.
| ||||||
9 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
10 | (225 ILCS 70/20) (from Ch. 111, par. 3670)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 20. Board hearing; recommendation. At the time and | ||||||
13 | place fixed in
the
notice, the Board
shall proceed to hear the | ||||||
14 | charges and the parties
both the accused
person and the | ||||||
15 | complainant shall be accorded ample
opportunity to present in | ||||||
16 | person, or by counsel, such
statements, testimony, evidence and | ||||||
17 | argument as may be
pertinent to the charges or to any defense | ||||||
18 | thereto. The
Board may continue such hearing from time to
time. | ||||||
19 | If the Board is not sitting at the time
and place fixed in the | ||||||
20 | notice or at the time and place to
which the hearing has been | ||||||
21 | continued, the Department shall
continue such hearing for a | ||||||
22 | period not to exceed 30 days.
| ||||||
23 | In case the accused person, after receiving notice,
fails | ||||||
24 | to file an answer, the Board may recommend that his or her | ||||||
25 | license
be suspended, revoked or placed on probationary status, |
| |||||||
| |||||||
1 | or the Board
may recommend whatever disciplinary action as it | ||||||
2 | may deem
proper, without a hearing, if the act or acts charged | ||||||
3 | constitute sufficient
grounds for such action under this Act.
| ||||||
4 | The Board has the authority to recommend
to the Secretary
| ||||||
5 | Director that probation be granted or that other
disciplinary | ||||||
6 | action be taken as it
deems proper. If disciplinary action, | ||||||
7 | other than suspension
or revocation, is taken the Board may | ||||||
8 | recommend
that the Secretary
Director impose reasonable | ||||||
9 | limitations and
requirements upon the accused to insure
| ||||||
10 | compliance with the terms of the probation or other
| ||||||
11 | disciplinary action, including but not limited to regular
| ||||||
12 | reporting by the accused to the Department of their actions,
| ||||||
13 | placing themselves under the care of a qualified physician
for | ||||||
14 | treatment, or limiting their practice in such manner as
the | ||||||
15 | Secretary
Director may require.
| ||||||
16 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
17 | (225 ILCS 70/20.1)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
19 | Sec. 20.1. Summary suspension. The Secretary
Director
may | ||||||
20 | summarily
suspend the license of a nursing home administrator | ||||||
21 | without a hearing,
simultaneously with the institution of | ||||||
22 | proceedings for a
hearing provided under this Act
Section if | ||||||
23 | the Secretary
Director finds
that evidence in his or her | ||||||
24 | possession indicates that an
administrator's continuation in | ||||||
25 | practice would constitute an
immediate danger to the public.
If |
| |||||||
| |||||||
1 | the Secretary
Director summarily suspends the license of an | ||||||
2 | administrator without a
hearing, a hearing shall
be held within | ||||||
3 | 30 days after the suspension has occurred.
| ||||||
4 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
5 | (225 ILCS 70/21) (from Ch. 111, par. 3671)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
7 | Sec. 21. Appointment of hearing officer. The Secretary
| ||||||
8 | Director shall have the
authority to
appoint an attorney duly | ||||||
9 | licensed to practice law in the
State of Illinois to serve as | ||||||
10 | the hearing officer in any
action for refusal to issue, renew, | ||||||
11 | or discipline a license.
The hearing officer shall have full | ||||||
12 | authority to conduct the
hearing. There shall be present at | ||||||
13 | least one member of the Board at any
such hearing. The hearing | ||||||
14 | officer shall report his or her findings of
fact, conclusions | ||||||
15 | of law, and
recommendations to the Board. The Board shall
have | ||||||
16 | 60 days after receipt of the report to review the
report
of the | ||||||
17 | hearing officer and present its findings of fact,
conclusions | ||||||
18 | of law, and recommendations to the Secretary
Director .
If the | ||||||
19 | Board fails to present its report to the Secretary
within the | ||||||
20 | 60 day period ,
the
Secretary
Director may issue an order based | ||||||
21 | on the report of the hearing officer.
However, if the Board | ||||||
22 | does present its report within the specified 60 days,
the | ||||||
23 | Director's order shall be based upon the report of the Board.
| ||||||
24 | If the Secretary
Director disagrees with the recommendation of | ||||||
25 | the Board or the hearing
officer, the Secretary
Director may |
| |||||||
| |||||||
1 | issue an order in contravention of the Board's
report. The | ||||||
2 | Secretary
Director shall promptly provide a written | ||||||
3 | explanation to the Board
on any such disagreement.
| ||||||
4 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
5 | (225 ILCS 70/22) (from Ch. 111, par. 3672)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
7 | Sec. 22. Subpoena power. The Board or Department has
power | ||||||
8 | to subpoena and bring before it any person in this
State and to | ||||||
9 | take testimony either orally or by deposition,
or both, with | ||||||
10 | the same fees and mileage and in the same
manner as is | ||||||
11 | prescribed by law for judicial proceedings in civil cases.
| ||||||
12 | The Department, upon a determination that
probable cause | ||||||
13 | exists that a violation of one or more of the
grounds for | ||||||
14 | discipline listed in Section 17 has occurred or
is occurring, | ||||||
15 | may subpoena the records
of an individual licensed under this
| ||||||
16 | Act provided that prior to the submission of such records
to | ||||||
17 | the Board, all information indicating the
identity of any | ||||||
18 | resident shall be removed and deleted. The
use of such records | ||||||
19 | shall be restricted to members of the
Board and
appropriate | ||||||
20 | staff of the Department for the
purpose of determining the | ||||||
21 | existence of one or more grounds
for discipline of the nursing | ||||||
22 | home administrator as provided for by Section
17 of this Act. | ||||||
23 | Any such review of individual residents'
records shall be | ||||||
24 | conducted by the Board in
strict confidentiality, provided that | ||||||
25 | such resident records
shall be admissible in a disciplinary |
| |||||||
| |||||||
1 | hearing, before the
Department, when necessary to substantiate | ||||||
2 | the
grounds for discipline alleged against the administrator
| ||||||
3 | licensed under this Act, and provided further that nothing
| ||||||
4 | herein shall be deemed to supersede the provisions of Part
21 | ||||||
5 | of Article VIII of the Code of Civil Procedure, as now
or | ||||||
6 | hereafter amended, to the extent applicable.
| ||||||
7 | The Secretary
Director , the designated hearing officer, | ||||||
8 | and any member of the Board have the power to administer oaths | ||||||
9 | at any hearing that the Department is authorized to conduct and | ||||||
10 | any other
oaths authorized in an Act administered by the | ||||||
11 | Department.
| ||||||
12 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
13 | (225 ILCS 70/24) (from Ch. 111, par. 3674)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 24. Motion for rehearing. The Board shall present to
| ||||||
16 | the Secretary
Director a written report of its findings and
| ||||||
17 | recommendations. A copy of such report shall be served upon
the | ||||||
18 | accused person, either personally or by
certified mail. Within | ||||||
19 | 20 days after such service, the
accused person may present to | ||||||
20 | the Department a motion,
in writing, for a rehearing, which | ||||||
21 | shall
specify the particular grounds for rehearing. If the
| ||||||
22 | accused
person orders and pays for a transcript of the record | ||||||
23 | as
provided in Section 23, the time elapsing thereafter and
| ||||||
24 | before such transcript is ready for delivery to them shall
not | ||||||
25 | be counted as part of such 30 days.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
2 | (225 ILCS 70/24.1)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
4 | Sec. 24.1. Surrender of license; record; list of | ||||||
5 | disciplined licensees
disciplinees . Upon the suspension,
| ||||||
6 | revocation, placement on probationary status, or the taking
of | ||||||
7 | any other disciplinary action deemed
proper by the Board with | ||||||
8 | regard to a license, the accused shall
surrender his or her | ||||||
9 | license to the Department, if ordered to do
so by the | ||||||
10 | Department, and upon his or her failure or refusal
to do so, | ||||||
11 | the Department may seize the license.
| ||||||
12 | Each order of revocation, suspension, or
other | ||||||
13 | disciplinary action shall contain a brief, concise
statement of | ||||||
14 | the ground or grounds upon which the
Department's action is | ||||||
15 | based, as well as the specific terms
and conditions of such | ||||||
16 | action. This document shall be
retained as a permanent record | ||||||
17 | by the Board and the Secretary
Director .
| ||||||
18 | The Department shall at least annually publish a list
of | ||||||
19 | the names of all persons disciplined under this Act in
the | ||||||
20 | preceding 12 months. Such lists shall be mailed by the
| ||||||
21 | Department to any person in the State upon request.
| ||||||
22 | In those instances where an order of revocation,
| ||||||
23 | suspension, or other disciplinary action has been rendered
by | ||||||
24 | virtue of a nursing home administrator's physical illness, | ||||||
25 | including but
not limited to deterioration through the aging |
| |||||||
| |||||||
1 | process, or
loss of motor skill that results in an inability
to | ||||||
2 | practice with reasonable judgment, skill, or
safety, the | ||||||
3 | Department shall only permit this document, and
the record of | ||||||
4 | the hearing incident thereto, to be observed,
inspected, | ||||||
5 | viewed, or copied pursuant to court order.
| ||||||
6 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
7 | (225 ILCS 70/26) (from Ch. 111, par. 3676)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 26. An order of revocation, suspension, placing the | ||||||
10 | license on
probationary status, or other formal
disciplinary | ||||||
11 | action as the Department may deem proper, or a
certified copy | ||||||
12 | thereof, over the seal of the Department and
purporting to be | ||||||
13 | signed by the Secretary
Director , is prima facie proof that:
| ||||||
14 | (a) Such signature is the genuine signature of the | ||||||
15 | Secretary
Director ;
| ||||||
16 | (b) The Secretary
Director is duly appointed and qualified; | ||||||
17 | and
| ||||||
18 | (c) The Board and the members thereof are qualified.
| ||||||
19 | Such proof may be rebutted.
| ||||||
20 | (Source: P.A. 85-932.)
| ||||||
21 | (225 ILCS 70/28) (from Ch. 111, par. 3678)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
23 | Sec. 28. Rehearing on order of Secretary
Director . Whenever | ||||||
24 | the Secretary
Director believes
justice has
not been done in |
| |||||||
| |||||||
1 | the refusal to issue or renew a license or revocation,
| ||||||
2 | suspension, or discipline of a license, he or she may order a | ||||||
3 | rehearing.
| ||||||
4 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
5 | (225 ILCS 70/27 rep.)
| ||||||
6 | (225 ILCS 70/30 rep.)
| ||||||
7 | Section 15. The Nursing Home Administrators Licensing and | ||||||
8 | Disciplinary Act is amended by repealing Sections 27 and 30.".
|