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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.18 and by adding Section 4.28 as follows:
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6 | (5 ILCS 80/4.18)
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7 | Sec. 4.18. Acts repealed January 1, 2008 and December 31, | ||||||
8 | 2008.
| ||||||
9 | (a) The following Acts
are repealed on January 1, 2008:
| ||||||
10 | The Acupuncture Practice Act.
| ||||||
11 | The Clinical Social Work and Social Work Practice Act.
| ||||||
12 | The Home Medical Equipment and Services Provider | ||||||
13 | License Act.
| ||||||
14 | The Nursing and Advanced Practice Nursing Act.
| ||||||
15 | The Illinois Speech-Language Pathology and Audiology | ||||||
16 | Practice Act.
| ||||||
17 | The Marriage and Family Therapy Licensing Act.
| ||||||
18 | The Nursing Home Administrators Licensing and | ||||||
19 | Disciplinary Act.
| ||||||
20 | The Pharmacy Practice Act of 1987.
| ||||||
21 | The Physician Assistant Practice Act of 1987.
| ||||||
22 | The Podiatric Medical Practice Act of 1987.
| ||||||
23 | The Structural Pest Control Act.
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1 | (b) The following Acts are repealed on December 31, 2008: | ||||||
2 | The Medical Practice Act of 1987. | ||||||
3 | The Environmental Health Practitioner Licensing Act.
| ||||||
4 | (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | ||||||
5 | 94-1085, eff. 1-19-07; revised 1-22-07.)
| ||||||
6 | (5 ILCS 80/4.28 new) | ||||||
7 | Sec. 4.28. Acts repealed on January 1, 2018. The following | ||||||
8 | Acts are repealed on January 1, 2018: | ||||||
9 | The Home Medical Equipment and Services Provider License | ||||||
10 | Act. | ||||||
11 | The Marriage and Family Therapy Licensing Act. | ||||||
12 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
13 | Act. | ||||||
14 | The Physician Assistant Practice Act of 1987. | ||||||
15 | Section 10. The Home Medical Equipment and Services | ||||||
16 | Provider License Act is amended by changing Sections 10, 20, | ||||||
17 | 25, 65, 75, 80, 85, 90, 95, 110, 115, 120, 125, 130, 135, and | ||||||
18 | 145 as follows:
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19 | (225 ILCS 51/10)
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20 | (Section scheduled to be repealed on January 1, 2008)
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21 | Sec. 10. Definitions. As used in this Act:
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22 | (1) "Department" means the Department of Financial and
| ||||||
23 | Professional
Regulation.
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1 | (2) "Secretary"
"Director" means the Secretary
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2 | Director of Financial and Professional Regulation.
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3 | (3) "Board" means the Home Medical Equipment and
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4 | Services Board.
| ||||||
5 | (4) "Home medical equipment and services provider" or | ||||||
6 | "provider" means a
legal
entity, as defined by State law, | ||||||
7 | engaged in the business of
providing home medical equipment | ||||||
8 | and services, whether directly
or through a contractual | ||||||
9 | arrangement, to an unrelated sick or
disabled individual | ||||||
10 | where that individual resides.
| ||||||
11 | (5) "Home medical equipment and services" means the | ||||||
12 | delivery,
installation, maintenance, replacement, or | ||||||
13 | instruction in
the use of medical equipment used by a sick | ||||||
14 | or disabled
individual to allow the individual to be | ||||||
15 | maintained in his or her
residence.
| ||||||
16 | (6) "Home medical equipment" means technologically | ||||||
17 | sophisticated
medical devices,
apparatuses, machines, or | ||||||
18 | other similar articles
bearing a label that states | ||||||
19 | "Caution: federal law requires dispensing by or on
the | ||||||
20 | order of a physician.", which are
usable in a home care | ||||||
21 | setting, including but not
limited to:
| ||||||
22 | (A) oxygen and oxygen delivery systems;
| ||||||
23 | (B) ventilators;
| ||||||
24 | (C) respiratory disease management devices, | ||||||
25 | excluding compressor driven
nebulizers;
| ||||||
26 | (D) wheelchair seating systems;
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| |||||||
1 | (E) apnea monitors;
| ||||||
2 | (F) transcutaneous electrical nerve stimulator | ||||||
3 | (TENS) units;
| ||||||
4 | (G) low air-loss cutaneous pressure management | ||||||
5 | devices;
| ||||||
6 | (H) sequential compression devices;
| ||||||
7 | (I) neonatal home phototherapy devices;
| ||||||
8 | (J) enteral feeding pumps; and
| ||||||
9 | (K) other similar equipment as defined by the | ||||||
10 | Board.
| ||||||
11 | "Home medical equipment" also includes hospital beds and | ||||||
12 | electronic and
computer-driven wheelchairs, excluding | ||||||
13 | scooters.
| ||||||
14 | (7) "Address of record" means the designated address | ||||||
15 | recorded by the Department in the applicant's or licensee's | ||||||
16 | application file or license file maintained by the | ||||||
17 | Department's licensure maintenance unit. It is the duty of | ||||||
18 | the applicant or licensee to inform the Department of any | ||||||
19 | change of address, and such changes must be made either | ||||||
20 | through the Department's website or by contacting the | ||||||
21 | Department's licensure maintenance unit.
| ||||||
22 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
23 | (225 ILCS 51/20)
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24 | (Section scheduled to be repealed on January 1, 2008)
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25 | Sec. 20. Powers and duties of the Department.
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1 | (a) The Department shall exercise the powers and duties
| ||||||
2 | prescribed by the Civil Administrative Code of Illinois for the
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3 | administration of licensure Acts and shall exercise other
| ||||||
4 | powers and duties necessary for effectuating the purposes of | ||||||
5 | this
Act.
| ||||||
6 | (b) The Department may adopt rules to administer and | ||||||
7 | enforce
this Act, including but not limited to fees for | ||||||
8 | original licensure and
renewal and restoration of licenses,
and | ||||||
9 | may
prescribe forms to be issued to implement this Act.
At a | ||||||
10 | minimum, the rules adopted by the Department shall include | ||||||
11 | standards and
criteria for
licensure and
for professional | ||||||
12 | conduct and discipline. The Department shall
consult with the | ||||||
13 | Board in adopting rules. Notice of proposed
rulemaking shall be | ||||||
14 | transmitted to the Board, and the Department
shall review the | ||||||
15 | Board's response and any recommendations made
in the response. | ||||||
16 | The Department shall notify the Board in writing with
proper | ||||||
17 | explanation of deviations from the Board's recommendations
and | ||||||
18 | response.
| ||||||
19 | (c) The Department may at any time seek the advice and
| ||||||
20 | expert knowledge of the Board on any matter relating to the
| ||||||
21 | administration of this Act.
| ||||||
22 | (d) (Blank).
The Department shall issue a quarterly report | ||||||
23 | to the Board
of the status of all complaints related to the | ||||||
24 | profession and filed
with the Department.
| ||||||
25 | (Source: P.A. 90-532, eff. 11-14-97.)
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| |||||||
1 | (225 ILCS 51/25)
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2 | (Section scheduled to be repealed on January 1, 2008)
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3 | Sec. 25. Home Medical Equipment and Services Board. The | ||||||
4 | Secretary
Director shall appoint
a Home Medical Equipment and | ||||||
5 | Services Board, in
consultation with a state association | ||||||
6 | representing the home
medical equipment and services industry,
| ||||||
7 | to serve in an advisory capacity to the Secretary
Director . The | ||||||
8 | Board shall consist of 7
members. Four
members shall be home | ||||||
9 | medical equipment and services provider
representatives, 2 of | ||||||
10 | whom represent businesses grossing less than
$500,000 per year | ||||||
11 | in revenues, 2 of whom represent businesses grossing
$500,000 | ||||||
12 | or more per year in revenues, and at least one of
whom shall | ||||||
13 | also be a
pharmacy-based provider. The 3 remaining members | ||||||
14 | shall include one
home care clinical specialist, one | ||||||
15 | respiratory care practitioner,
and one public member
consumer | ||||||
16 | of home medical equipment and services .
| ||||||
17 | Members shall serve 4 year terms and until their successors | ||||||
18 | are
appointed and qualified , except that of the initial | ||||||
19 | appointments,
the consumer member shall be appointed to serve | ||||||
20 | for one year, 2
members shall be appointed to serve for 2 | ||||||
21 | years, 3 members shall be appointed
to
serve for 3 years, and | ||||||
22 | one member who is a home medical equipment
and services | ||||||
23 | provider representative shall be appointed to serve for 4
| ||||||
24 | years, and until their successors are appointed and qualified .
| ||||||
25 | No member shall be reappointed to the Board for
a term that | ||||||
26 | would cause continuous service on the Board to exceed 8 years.
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| |||||||
1 | Appointments to fill vacancies shall be made in the same
manner | ||||||
2 | as original appointments, for the unexpired portion of the
| ||||||
3 | vacated term.
| ||||||
4 | The home medical equipment and services provider | ||||||
5 | representatives appointed
to the Board shall have engaged in | ||||||
6 | the provision of home medical
equipment and services or related | ||||||
7 | home care services for at least
3 years prior to their | ||||||
8 | appointment, shall be currently
engaged in providing home | ||||||
9 | medical equipment and services
in the State of Illinois, and | ||||||
10 | must have no
record of convictions related to fraud or abuse | ||||||
11 | under either
State or federal law.
| ||||||
12 | The membership of the Board should reasonably reflect
| ||||||
13 | representation from the geographic areas in this State.
| ||||||
14 | The Board shall annually elect one of its members as | ||||||
15 | chairperson and vice
chairperson.
| ||||||
16 | Members of the Board shall receive as compensation a | ||||||
17 | reasonable sum as
determined by the Secretary
Director for each | ||||||
18 | day actually engaged in the duties of the
office, and shall be | ||||||
19 | reimbursed for authorized expenses
incurred in performing the | ||||||
20 | duties of the office.
| ||||||
21 | The Secretary
Director may terminate the appointment of any | ||||||
22 | member for
cause which in the opinion of the Secretary
Director
| ||||||
23 | reasonably justifies
the termination.
| ||||||
24 | Through consultation with members of
a state association | ||||||
25 | for the home medical equipment and services
industry, the Board | ||||||
26 | may
recommend to the Department rules that specify the medical |
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| |||||||
1 | equipment to be
included under this Act, that set standards for | ||||||
2 | the licensure, professional
conduct, and discipline of
| ||||||
3 | entities that provide home medical equipment and services, and
| ||||||
4 | that govern the safety and quality of home medical equipment | ||||||
5 | and services.
The Director shall consider the recommendations | ||||||
6 | of the Board.
| ||||||
7 | Members of the Board shall be immune from suit in an action | ||||||
8 | based upon
any disciplinary proceedings or other activities | ||||||
9 | performed in good faith as
members of the Board.
| ||||||
10 | A majority of Board members currently appointed shall | ||||||
11 | constitute a quorum.
A vacancy in the membership of the Board | ||||||
12 | shall not impair the rights of a
quorum
to exercise the rights | ||||||
13 | and perform all of the duties of the Board.
| ||||||
14 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
15 | (225 ILCS 51/65)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
17 | Sec. 65. Fees; returned checks. An entity who delivers a | ||||||
18 | check or other payment to the
Department that is returned to | ||||||
19 | the Department unpaid by the
financial institution upon which | ||||||
20 | it is drawn shall pay to the
Department, in addition to the | ||||||
21 | amount already owed to the
Department, a fine of $50. The fines | ||||||
22 | imposed by this Section
are in addition to any other discipline | ||||||
23 | provided under this Act
for unlicensed practice or practice on | ||||||
24 | a nonrenewed license. The
Department shall notify the entity | ||||||
25 | that fees and fines
shall be paid to the Department by |
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| |||||||
1 | certified check or money order
within 30 calendar days of the | ||||||
2 | notification. If, after the
expiration of 30 days from the date | ||||||
3 | of the notification, the
entity has failed to submit the | ||||||
4 | necessary remittance, the
Department shall automatically | ||||||
5 | terminate the license
or deny the application without a | ||||||
6 | hearing. If
the entity seeks a license after termination or | ||||||
7 | denial,
the entity shall apply to the Department for | ||||||
8 | restoration or
issuance of the license and pay all fees and | ||||||
9 | fines
owed to the Department. The Department may establish a | ||||||
10 | fee for
the processing of an application for restoration of a | ||||||
11 | license
to pay all expenses of processing that application.
The | ||||||
12 | Secretary
Director may waive the fines due under this Section | ||||||
13 | in
individual cases where the Secretary
Director finds that the | ||||||
14 | fines would be
unreasonable or unnecessarily burdensome.
| ||||||
15 | (Source: P.A. 92-146, eff. 1-1-02.)
| ||||||
16 | (225 ILCS 51/75)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 75. Refused issuance, suspension, or revocation of
| ||||||
19 | license.
The Department may refuse to issue, renew, or restore | ||||||
20 | a license, or may
revoke,
suspend, place on probation, | ||||||
21 | reprimand, impose a fine not to exceed $10,000
$1,000 for
each | ||||||
22 | violation, or take other
disciplinary or non-disciplinary
| ||||||
23 | action as the Department may deem proper
with regard to a
| ||||||
24 | licensee for any one or combination of the following reasons:
| ||||||
25 | (1) Making a material misstatement in furnishing |
| |||||||
| |||||||
1 | information to the
Department.
| ||||||
2 | (2) Violation
Negligent or intentional disregard of | ||||||
3 | this Act or its
rules.
| ||||||
4 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
5 | contendere to any
a crime that is a felony under the laws | ||||||
6 | of the United States
or any state or territory thereof that | ||||||
7 | is a felony or
a misdemeanor, an essential element of which | ||||||
8 | is dishonesty , or
conviction of a crime that is directly | ||||||
9 | related to the practice of the profession
provision of home
| ||||||
10 | medical equipment and services .
| ||||||
11 | (4) Making a misrepresentation to obtain
licensure or | ||||||
12 | to violate a provision of this Act.
| ||||||
13 | (5) Gross negligence in practice under this Act.
| ||||||
14 | (6) Engaging in a pattern of practice or other behavior | ||||||
15 | that demonstrates
incapacity or incompetence to practice | ||||||
16 | under this Act.
| ||||||
17 | (7) Aiding, assisting, or willingly permitting another | ||||||
18 | person in violating
any provision
of this Act or its rules.
| ||||||
19 | (8) Failing, within 30
60 days, to provide information | ||||||
20 | in response
to a written request made by the Department.
| ||||||
21 | (9) Engaging in dishonorable, unethical, or | ||||||
22 | unprofessional
conduct of a character likely to deceive, | ||||||
23 | defraud, or harm the
public.
| ||||||
24 | (10) Discipline by another state, District of | ||||||
25 | Columbia, territory,
or foreign nation, if at least one of | ||||||
26 | the grounds for the
discipline is the same or substantially |
| |||||||
| |||||||
1 | equivalent to one set
forth in this Act.
| ||||||
2 | (11) Directly or indirectly giving to or receiving from | ||||||
3 | any
person, firm, corporation, partnership, or association | ||||||
4 | any fee,
commission, rebate, or other form of compensation | ||||||
5 | for any
services not actually or personally rendered.
| ||||||
6 | (12) A finding that the licensee, after having its | ||||||
7 | license placed
on probationary status, has violated the | ||||||
8 | terms of probation.
| ||||||
9 | (13) Willfully making or filing false records or | ||||||
10 | reports in the
course of providing home medical equipment | ||||||
11 | and services, including but not
limited to false records or | ||||||
12 | reports filed with
State agencies or departments.
| ||||||
13 | (14) Solicitation of business services, other than | ||||||
14 | according to permitted
advertising.
| ||||||
15 | (15) The use of any words, abbreviations, figures, or | ||||||
16 | letters with
the intention of indicating practice as a home | ||||||
17 | medical equipment
and services provider without a license
| ||||||
18 | issued under this Act.
| ||||||
19 | (16) Failure to file a return, or to pay the tax, | ||||||
20 | penalty, or
interest shown in a filed return, or to pay any | ||||||
21 | final assessment
of tax, penalty, or interest, as required | ||||||
22 | by any tax Act
administered by the Department of Revenue, | ||||||
23 | until such
time as the requirements of any such tax Act are | ||||||
24 | satisfied.
| ||||||
25 | (17) Failure to comply with federal or State laws and | ||||||
26 | regulations concerning home
medical equipment and services |
| |||||||
| |||||||
1 | providers.
| ||||||
2 | (18) Solicitation of professional services using false | ||||||
3 | or misleading
advertising.
| ||||||
4 | (19) Failure to display a license in accordance with
| ||||||
5 | Section 45.
| ||||||
6 | (20) Habitual or excessive use or addiction to alcohol, | ||||||
7 | narcotics, stimulants, or any other chemical agent or drug | ||||||
8 | that results in the inability to practice with reasonable | ||||||
9 | judgment, skill, or safety. | ||||||
10 | (21) Physical illness, mental illness, or disability, | ||||||
11 | including without limitation deterioration through the | ||||||
12 | aging process and loss of motor skill, that results in the | ||||||
13 | inability to practice the profession with reasonable | ||||||
14 | judgment, skill, or safety.
| ||||||
15 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
16 | (225 ILCS 51/80)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 80. Cease and desist order.
| ||||||
19 | (a) If any entity violates a provision of this Act, the | ||||||
20 | Secretary
Director
may, in the name of the People of the State | ||||||
21 | of Illinois, through
the Attorney General of the State of | ||||||
22 | Illinois, petition for an
order enjoining the violation or for | ||||||
23 | an order enforcing
compliance with this Act. Upon the filing of | ||||||
24 | a verified petition
in court, the court may issue a temporary | ||||||
25 | restraining order,
without notice or bond, and may |
| |||||||
| |||||||
1 | preliminarily and permanently
enjoin the violation, and if it | ||||||
2 | is established that the entity
has violated or is violating the | ||||||
3 | injunction, the court may punish
the offender for contempt of | ||||||
4 | court. Proceedings under this
Section shall be in addition to, | ||||||
5 | and not in lieu of, all other
remedies and penalties provided | ||||||
6 | by this Act.
| ||||||
7 | (b) If an entity holds itself out as a provider of home | ||||||
8 | medical equipment
and services without a license issued under | ||||||
9 | this Act,
an interested party or any person injured thereby,
in | ||||||
10 | addition to the Secretary
Director , may petition for relief as | ||||||
11 | provided in
subsection (a) of this Section.
| ||||||
12 | (c) Whenever in the opinion of the Department an entity | ||||||
13 | violates
a provision of this Act, the Department may issue a | ||||||
14 | rule to
show cause why an order to cease and desist should not | ||||||
15 | be entered
against the entity. The rule shall clearly set forth | ||||||
16 | the grounds
relied upon by the Department and shall provide a | ||||||
17 | period of 7
days from the date of the rule to file an answer to | ||||||
18 | the
satisfaction of the Department. Failure to answer to the
| ||||||
19 | satisfaction of the Department shall cause an order to cease | ||||||
20 | and
desist to be issued immediately.
| ||||||
21 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
22 | (225 ILCS 51/85)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
24 | Sec. 85. Unlicensed practice; civil penalty.
| ||||||
25 | (a) An entity who practices, offers to practice, attempts |
| |||||||
| |||||||
1 | to
practice, or holds itself out to practice as a home medical
| ||||||
2 | equipment and services provider without being licensed under | ||||||
3 | this
Act shall, in addition to any other penalty provided by | ||||||
4 | law, pay
a civil penalty to the Department in an amount not to | ||||||
5 | exceed
$10,000
$5,000 for each offense as determined by the | ||||||
6 | Department. The
civil penalty shall be assessed by the | ||||||
7 | Department after a hearing
is held in accordance with the | ||||||
8 | provisions set forth in this Act
regarding the provision of a | ||||||
9 | hearing for the discipline of a
licensee.
The civil penalty | ||||||
10 | shall be paid within 60 days after the
effective date of the | ||||||
11 | order imposing the civil penalty. The
order shall constitute a | ||||||
12 | judgment and may be filed and executed
in the same manner as | ||||||
13 | any judgment from any court of
record.
| ||||||
14 | (b) The Department may investigate any
unlicensed | ||||||
15 | activity.
| ||||||
16 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
17 | (225 ILCS 51/90)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
19 | Sec. 90. Inspections
Mandatory inspections . The Department | ||||||
20 | may
shall inspect a licensee
for compliance with the | ||||||
21 | requirements of this Act and
within 3 years after the date
of | ||||||
22 | initial licensure and at least once every 3 years thereafter, | ||||||
23 | unless the
licensee can demonstrate proof of renewal
of | ||||||
24 | accreditation with a recognized national accrediting body. The | ||||||
25 | Department
shall conduct random inspections upon renewal of a |
| |||||||
| |||||||
1 | license, for cause
or as necessary to assure the integrity and | ||||||
2 | effectiveness of
the licensing process. Upon failure to pass | ||||||
3 | inspection, a
provider's license shall be suspended or denied | ||||||
4 | as applicable,
pending review by the Board.
The Department may | ||||||
5 | authorize qualified individuals to conduct
inspections. The | ||||||
6 | Department shall set by rule, and pay to an inspector, a
fee | ||||||
7 | for each inspection.
An entity that fails to pass an inspection | ||||||
8 | is subject to penalties under
Section 80.
Upon notice of | ||||||
9 | failure to pass an inspection, a provider shall
have 30 days to | ||||||
10 | appeal the inspection results.
On appeal, a provider shall
have | ||||||
11 | the right to an inspection review or to a new inspection in
| ||||||
12 | accordance with procedures adopted by the Department.
A home | ||||||
13 | medical equipment and services provider licensed within 2 years | ||||||
14 | after
the effective date of this Act is exempt from the | ||||||
15 | inspection requirements of
this Section during that 2-year | ||||||
16 | period.
| ||||||
17 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
18 | (225 ILCS 51/95)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
20 | Sec. 95. Investigations; notice and hearing.
| ||||||
21 | (a) The Department
may investigate the actions of an | ||||||
22 | applicant or of an entity
holding or claiming to hold a | ||||||
23 | license.
| ||||||
24 | (b) The Department
shall, before refusing to issue or renew | ||||||
25 | a license or
disciplining a licensee, at least 30 days prior to |
| |||||||
| |||||||
1 | the date set
for the hearing, notify in writing the applicant | ||||||
2 | or
licensee of the nature of the charges and that a hearing
| ||||||
3 | will be held on the date designated. The Department shall | ||||||
4 | direct
the applicant or licensee to file a written answer to | ||||||
5 | the Board
under oath within 20 days after the service of the | ||||||
6 | notice and
inform the applicant or licensee that failure to | ||||||
7 | file an answer
will result in default being taken against the | ||||||
8 | applicant or
licensee and that the license may be suspended,
| ||||||
9 | revoked, placed on probationary status, or other disciplinary
| ||||||
10 | action may be taken, including limiting the scope, nature, or
| ||||||
11 | extent of business, as the Secretary
Director may deem proper. | ||||||
12 | Written
notice may be served by personal delivery or certified | ||||||
13 | or
registered mail to the applicant or licensee
respondent at | ||||||
14 | his or her
the address of record
the entity's
last notification | ||||||
15 | to the Department . If the entity fails to
file an answer after | ||||||
16 | receiving notice, the entity's license
may, in the discretion | ||||||
17 | of the Department, be
suspended, revoked, or placed on | ||||||
18 | probationary status, or the
Department may take whatever | ||||||
19 | disciplinary action it deems proper,
including limiting the | ||||||
20 | scope, nature, or extent of the entity's
business, or imposing | ||||||
21 | a fine, without a hearing, if the
act or acts charged | ||||||
22 | constitute sufficient grounds for such action under this
Act. | ||||||
23 | At the time and place fixed in the notice, the Board shall | ||||||
24 | proceed to hear
the charges, and the parties or their counsel | ||||||
25 | shall be
accorded ample opportunity to present such statements, | ||||||
26 | testimony,
evidence, and argument as may be pertinent to the |
| |||||||
| |||||||
1 | charges or to
their defense. The Board may continue a hearing | ||||||
2 | from time to
time.
| ||||||
3 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
4 | (225 ILCS 51/110)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
6 | Sec. 110. Findings and recommendations. At the conclusion | ||||||
7 | of
the hearing the Board shall present to the Secretary
| ||||||
8 | Director a written
report of its findings and recommendations. | ||||||
9 | The report shall
contain a finding of whether or not the | ||||||
10 | accused entity violated
this Act or failed to comply with the | ||||||
11 | conditions required in this
Act. The Board shall specify the | ||||||
12 | nature of the violation or
failure to comply, and shall make | ||||||
13 | its recommendations to the
Secretary
Director .
| ||||||
14 | The report of findings and recommendations of the Board may
| ||||||
15 | shall be
the basis for the Department's order of refusal or for | ||||||
16 | the
granting of licensure unless the Secretary
Director shall | ||||||
17 | determine that
the Board's report is contrary to the manifest | ||||||
18 | weight of the
evidence, in which case the Secretary
Director
| ||||||
19 | may issue an order in
contravention of the Board's report. The | ||||||
20 | finding is not admissible
in evidence against the entity in a | ||||||
21 | criminal prosecution brought
for the violation of this Act, but | ||||||
22 | the hearing and finding are
not a bar to a criminal prosecution | ||||||
23 | brought for the violation of
this Act.
| ||||||
24 | (Source: P.A. 90-532, eff. 11-14-97.)
|
| |||||||
| |||||||
1 | (225 ILCS 51/115)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 115. Rehearing on motion. In a case involving the | ||||||
4 | refusal to
issue or renew a license or the discipline of a | ||||||
5 | licensee, a copy
of the Board's report shall be served upon the | ||||||
6 | respondent by the
Department, either personally or as provided | ||||||
7 | in this Act for the
service of the notice of hearing. Within 20 | ||||||
8 | days after such
service, the respondent may present to the | ||||||
9 | Department a motion in
writing for a rehearing, which shall | ||||||
10 | specify the
particular grounds for the rehearing. If no motion | ||||||
11 | for rehearing is
filed, then upon the expiration of the time | ||||||
12 | specified for filing
the motion, or if a motion for rehearing | ||||||
13 | is denied, then upon
such denial the Secretary
Director may | ||||||
14 | enter an order in accordance with
recommendations of the Board | ||||||
15 | except as provided in Section 120 of
this Act. If the | ||||||
16 | respondent shall order from the reporting
service and pay for a | ||||||
17 | transcript of the record with the time for
filing a motion for | ||||||
18 | rehearing, the 20 day period within which
such a motion may be | ||||||
19 | filed shall commence upon the delivery of
the transcript to the | ||||||
20 | respondent.
| ||||||
21 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
22 | (225 ILCS 51/120)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
24 | Sec. 120. Rehearing on order of Secretary
Director . | ||||||
25 | Whenever the Secretary
Director is
satisfied that substantial |
| |||||||
| |||||||
1 | justice has not been done in the
revocation or suspension of a | ||||||
2 | license or refusal to issue or
renew a license, the Secretary
| ||||||
3 | Director may order a rehearing by the same
or another Board.
| ||||||
4 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
5 | (225 ILCS 51/125)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
7 | Sec. 125. Hearing officer. The Secretary
Director
has the | ||||||
8 | authority to appoint an attorney duly licensed to
practice law | ||||||
9 | in the State of Illinois to serve as the hearing
officer in an | ||||||
10 | action for refusal to issue or renew a license, or for the
| ||||||
11 | discipline
of a licensee. The Secretary
Director shall notify | ||||||
12 | the Board of an appointment. The
hearing officer shall have | ||||||
13 | full authority to
conduct the hearing. The hearing officer | ||||||
14 | shall report his or her
findings and recommendations to the | ||||||
15 | Board and the Secretary
Director . The
Board shall have 60 days | ||||||
16 | from receipt of the report to review the
report of the hearing | ||||||
17 | officer and present its findings of fact,
conclusions of law | ||||||
18 | and recommendation to the Secretary
Director . If the
Board | ||||||
19 | fails to present its report within the 60 day period, the | ||||||
20 | respondent may request in writing a direct appeal to the | ||||||
21 | Secretary, in which case the Secretary shall, within 7 calendar | ||||||
22 | days after the request, issue an order directing the Board to | ||||||
23 | issue its findings of fact, conclusions of law, and | ||||||
24 | recommendations to the Secretary within 30 calendar days after | ||||||
25 | such order. If the Board fails to issue its findings of fact, |
| |||||||
| |||||||
1 | conclusions of law, and recommendations within that time frame | ||||||
2 | to the Secretary after the entry of such order, the Secretary | ||||||
3 | shall, within 30 calendar days thereafter, issue an order based | ||||||
4 | upon the report of the hearing officer and the record of the | ||||||
5 | proceedings or issue an order remanding the matter back to the | ||||||
6 | hearing officer for additional proceedings in accordance with | ||||||
7 | the order. If (i) a direct appeal is requested, (ii) the Board | ||||||
8 | fails to issue its findings of fact, conclusions of law, and | ||||||
9 | recommendations within the 30-day mandate from the Secretary or | ||||||
10 | the Secretary fails to order the Board to do so, and (iii) the | ||||||
11 | Secretary fails to issue an order within 30 calendar days | ||||||
12 | thereafter, then the hearing officer's report is deemed | ||||||
13 | accepted and a final decision of the Secretary. Notwithstanding | ||||||
14 | any other provision of this Section, if the Secretary, upon | ||||||
15 | review, determines that substantial justice has not been done | ||||||
16 | in the revocation, suspension, or refusal to issue or renew a | ||||||
17 | license or other disciplinary action taken as the result of the | ||||||
18 | entry of the hearing officer's report, the Secretary may order | ||||||
19 | a rehearing by the same or other examiners
the
Director shall | ||||||
20 | issue an order based on the report of the hearing
officer . If | ||||||
21 | the Secretary
Director determines that the Board's report is
| ||||||
22 | contrary to the manifest weight of the evidence, he or she may
| ||||||
23 | issue an order in contravention of the Board's report.
| ||||||
24 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
25 | (225 ILCS 51/130)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
2 | Sec. 130. Order or certified copy. An order or a certified | ||||||
3 | copy of an order, over the seal of the
Department and | ||||||
4 | purporting to be signed by the Secretary
Director , shall be
| ||||||
5 | prima facie proof that:
| ||||||
6 | (1) the signature is the genuine signature of the | ||||||
7 | Secretary
Director ;
| ||||||
8 | (2) the Secretary
Director is duly appointed and | ||||||
9 | qualified; and
| ||||||
10 | (3) the Board and its members are qualified to act. | ||||||
11 | This proof may be
rebutted.
| ||||||
12 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
13 | (225 ILCS 51/135)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 135. Restoration of license. At any
time after the | ||||||
16 | suspension or revocation of a license, the
Department may | ||||||
17 | restore the license to the accused entity upon the written
| ||||||
18 | recommendation of the Board unless, after an investigation and | ||||||
19 | a
hearing, the Board determines that restoration is not in the
| ||||||
20 | public interest. Restoration under this Section requires the | ||||||
21 | filing of all applications and payment of all fees required by | ||||||
22 | the Department.
| ||||||
23 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
24 | (225 ILCS 51/145)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
2 | Sec. 145. Temporary suspension of a license. The Secretary
| ||||||
3 | Director may
temporarily suspend the license of a home medical | ||||||
4 | equipment and
services provider without a hearing, | ||||||
5 | simultaneously with the
institution of proceedings for a | ||||||
6 | hearing provided for in Section
95 of this Act, if the | ||||||
7 | Secretary
Director finds that evidence in his or her
possession | ||||||
8 | indicates that the home medical equipment and services
| ||||||
9 | provider's continuation in business would constitute an | ||||||
10 | imminent
danger to the public. If the Secretary
Director
| ||||||
11 | temporarily suspends
the license of a home medical equipment | ||||||
12 | and services
provider without a hearing, a hearing by the Board | ||||||
13 | must be held
within 30 days of the suspension.
| ||||||
14 | (Source: P.A. 90-532, eff. 11-14-97.)
| ||||||
15 | Section 15. The Marriage and Family Therapy Licensing Act | ||||||
16 | is amended by changing Sections 10, 25, 30, 60, 85, 90, 95, | ||||||
17 | 105, 110, 115, 120, 125, 130, and 145 and by adding Section 91 | ||||||
18 | as follows:
| ||||||
19 | (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
21 | Sec. 10. Definitions. As used in this Act:
| ||||||
22 | "Address of record" means the designated address recorded | ||||||
23 | by the Department in the applicant's or licensee's application | ||||||
24 | file or license file maintained by the Department's licensure |
| |||||||
| |||||||
1 | maintenance unit. It is the duty of the applicant or licensee | ||||||
2 | to inform the Department of any change of address, and such | ||||||
3 | changes must be made either through the Department's website or | ||||||
4 | by contacting the Department's licensure maintenance unit.
| ||||||
5 | "Advertise" means, but is not limited to, issuing or | ||||||
6 | causing to
be distributed any card, sign or device to any | ||||||
7 | person; or causing,
permitting or allowing any sign or marking | ||||||
8 | on or in any building,
structure, newspaper, magazine or | ||||||
9 | directory, or on radio or television; or
advertising by any | ||||||
10 | other means designed to secure public attention.
| ||||||
11 | "Approved program" means an approved comprehensive program | ||||||
12 | of study in
marriage and family therapy in a regionally | ||||||
13 | accredited educational institution
approved by the Department | ||||||
14 | for the training
of marriage and family therapists.
| ||||||
15 | "Associate licensed marriage and family therapist" means a | ||||||
16 | person
to whom an associate marriage and family therapist | ||||||
17 | license has been issued
under this Act.
| ||||||
18 | "Board" means the Illinois Marriage and Family Therapy | ||||||
19 | Licensing and
Disciplinary Board.
| ||||||
20 | "Department" means the Department of Financial and
| ||||||
21 | Professional Regulation.
| ||||||
22 | "Director" means the Director of the Department of | ||||||
23 | Professional
Regulation.
| ||||||
24 | "License" means that which is required to practice marriage | ||||||
25 | and family
therapy under this Act, the qualifications for which | ||||||
26 | include specific
education, acceptable experience and |
| |||||||
| |||||||
1 | examination requirements.
| ||||||
2 | "Licensed marriage and family therapist" means a person
to | ||||||
3 | whom a
marriage and family therapist license has been issued | ||||||
4 | under this Act.
| ||||||
5 | "Marriage and family therapy" means the evaluation and | ||||||
6 | treatment of
mental and emotional problems within the context | ||||||
7 | of human relationships.
Marriage and family therapy involves | ||||||
8 | the use of psychotherapeutic methods
to ameliorate | ||||||
9 | interpersonal and intrapersonal conflict and to modify
| ||||||
10 | perceptions, beliefs and behavior in areas of human life that | ||||||
11 | include, but
are not limited to, premarriage, marriage, | ||||||
12 | sexuality, family, divorce
adjustment, and parenting.
| ||||||
13 | "Person" means any individual, firm, corporation, | ||||||
14 | partnership,
organization, or body politic.
| ||||||
15 | "Practice of marriage and family therapy" means the | ||||||
16 | rendering of
marriage and family therapy services to | ||||||
17 | individuals, couples, and families
as defined in this Section, | ||||||
18 | either singly or in groups, whether the
services are offered | ||||||
19 | directly to the general public or through
organizations, either | ||||||
20 | public or private, for a fee, monetary or otherwise.
| ||||||
21 | "Secretary" means the Secretary of Financial and | ||||||
22 | Professional Regulation.
| ||||||
23 | "Title or description" means to hold oneself out as a | ||||||
24 | licensed marriage
and family therapist or an associate licensed | ||||||
25 | marriage and family therapist
to the public by means of stating | ||||||
26 | on signs,
mailboxes, address plates, stationery, |
| |||||||
| |||||||
1 | announcements, calling cards or
other instruments of | ||||||
2 | professional identification.
| ||||||
3 | (Source: P.A. 91-362, eff. 1-1-00.)
| ||||||
4 | (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
6 | Sec. 25. Marriage and Family Therapy Licensing and | ||||||
7 | Disciplinary Board.
| ||||||
8 | (a) There is established within the Department the Marriage | ||||||
9 | and
Family Therapy Licensing and Disciplinary Board to be | ||||||
10 | appointed by the
Secretary
Director . The Board shall be | ||||||
11 | composed of 7 persons who shall serve in an
advisory capacity | ||||||
12 | to the Secretary
Director . The Board shall elect a chairperson | ||||||
13 | and a
vice chairperson.
| ||||||
14 | (b) In appointing members of the Board, the Secretary
| ||||||
15 | Director shall give due
consideration to recommendations by | ||||||
16 | members of the profession of marriage
and family therapy and by | ||||||
17 | the statewide organizations solely representing
the interests | ||||||
18 | of marriage and family therapists.
| ||||||
19 | (c) Five members of the Board shall be marriage and family
| ||||||
20 | therapists who have been in active practice for at least 5 | ||||||
21 | years immediately
preceding their appointment, or engaged in | ||||||
22 | the education and training of
masters, doctoral, or | ||||||
23 | post-doctoral students of marriage and family
therapy,
or | ||||||
24 | engaged in marriage and family therapy research. Each marriage | ||||||
25 | or
family therapy teacher or researcher shall have spent the |
| |||||||
| |||||||
1 | majority of the
time devoted to the study or research of | ||||||
2 | marriage and family therapy during
the 2 years immediately | ||||||
3 | preceding his or her appointment to the Board. The appointees | ||||||
4 | shall be licensed under this Act.
| ||||||
5 | (d) Two members shall be representatives of the general | ||||||
6 | public who have no
direct affiliation or work experience with | ||||||
7 | the practice of marriage and
family therapy and who clearly | ||||||
8 | represent consumer interests.
| ||||||
9 | (e) Board members shall
be appointed for terms of 4 years | ||||||
10 | each, except that any person chosen to
fill a vacancy shall be | ||||||
11 | appointed only for the unexpired term of the Board
member whom | ||||||
12 | he or she shall succeed. Upon the expiration of this term of
| ||||||
13 | office, a Board member shall continue to serve until a | ||||||
14 | successor is
appointed and qualified. No member shall be | ||||||
15 | reappointed to the Board for
a term that would cause continuous | ||||||
16 | service on the Board to be longer than 8
years.
| ||||||
17 | (f) The membership of the Board shall reasonably reflect | ||||||
18 | representation
from the various geographic areas of the State.
| ||||||
19 | (g) Members of the Board shall be immune from suit in any | ||||||
20 | action based
upon any disciplinary proceedings or other | ||||||
21 | activities performed in good
faith as members of the Board.
| ||||||
22 | (h) The Secretary
Director may remove any member of the | ||||||
23 | Board for any cause that,
in the opinion of the Secretary
| ||||||
24 | Director , reasonably justifies termination.
| ||||||
25 | (i) The Secretary
Director may consider the | ||||||
26 | recommendations of the
Board on questions of standards of |
| |||||||
| |||||||
1 | professional conduct, discipline, and
qualification of | ||||||
2 | candidates or licensees under this Act.
| ||||||
3 | (j) The members of the Board shall be reimbursed for all | ||||||
4 | legitimate,
necessary, and authorized expenses.
| ||||||
5 | (k) A majority of the Board members currently appointed | ||||||
6 | shall constitute a
quorum. A vacancy in the membership of the | ||||||
7 | Board shall not impair the right of
a quorum to exercise all | ||||||
8 | the rights and perform all the duties of the Board.
| ||||||
9 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
10 | (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 30. Application.
| ||||||
13 | (a) Applications for original licensure shall be made to | ||||||
14 | the Department
in writing on forms prescribed by the Department | ||||||
15 | and shall be accompanied
by the appropriate documentation and | ||||||
16 | the required fee, which fee is
nonrefundable. Any application | ||||||
17 | shall require such information as, in the
judgment of the | ||||||
18 | Department, will enable the Department to pass on the
| ||||||
19 | qualifications of the applicant for licensing.
| ||||||
20 | (b) Applicants have 3 years from the date of application to | ||||||
21 | complete the
application process. If the application has not | ||||||
22 | been completed within 3 years,
the application shall be denied, | ||||||
23 | the fee shall be forfeited, and the applicant
must reapply and | ||||||
24 | meet the requirements in effect at the time of reapplication.
| ||||||
25 | (c) A license shall not be denied to an applicant because |
| |||||||
| |||||||
1 | of the applicant's
race, religion, creed, national origin, | ||||||
2 | political beliefs or activities, age,
sex, sexual orientation, | ||||||
3 | or physical disability that does not affect a person's ability | ||||||
4 | to practice with reasonable judgment, skill, or safety
| ||||||
5 | impairment .
| ||||||
6 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
7 | (225 ILCS 55/60) (from Ch. 111, par. 8351-60)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 60. Payments; penalty for insufficient funds. Any | ||||||
10 | person who delivers a
check or other payment to the Department | ||||||
11 | that is returned to the Department
unpaid by the financial | ||||||
12 | institution upon which it is drawn shall pay to the
Department, | ||||||
13 | in addition to the amount already owed to the Department, a | ||||||
14 | fine of
$50. The fines imposed
by
this Section are in addition | ||||||
15 | to any other discipline provided under this Act
prohibiting | ||||||
16 | unlicensed practice or practice on a nonrenewed license. The
| ||||||
17 | Department shall notify the person that payment of fees and | ||||||
18 | fines shall be paid
to the Department by certified check or | ||||||
19 | money order within 30 calendar days
after notification. If, | ||||||
20 | after the expiration of 30 days from the date of the
| ||||||
21 | notification, the person has failed to submit the necessary | ||||||
22 | remittance, the
Department shall automatically terminate the | ||||||
23 | license or deny
the
application, without hearing. If, after | ||||||
24 | termination or denial, the person seeks
a license, he or she | ||||||
25 | shall apply to the Department for
restoration or issuance of |
| |||||||
| |||||||
1 | the license and pay all fees and
fines due to the Department. | ||||||
2 | The Department may establish a fee for the
processing of an | ||||||
3 | application for restoration of a license to
pay
all expenses of | ||||||
4 | processing this application. The Secretary
Director may waive | ||||||
5 | the fines
due under this Section in individual cases where the | ||||||
6 | Secretary
Director finds that the
fines would be unreasonable | ||||||
7 | or unnecessarily burdensome.
| ||||||
8 | (Source: P.A. 92-146, eff. 1-1-02.)
| ||||||
9 | (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
11 | Sec. 85. Refusal, revocation, or suspension.
| ||||||
12 | (a) The Department may refuse to issue or renew, or may | ||||||
13 | revoke a
license, or may suspend, place on probation, fine, or | ||||||
14 | take any
disciplinary or non-disciplinary action as the | ||||||
15 | Department may deem proper, including fines not
to exceed | ||||||
16 | $10,000
$1000 for each violation, with regard to any licensee | ||||||
17 | for any one or
combination of the following causes:
| ||||||
18 | (1) Material misstatement in furnishing information to | ||||||
19 | the Department.
| ||||||
20 | (2) Violations of this Act or its rules.
| ||||||
21 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
22 | contendere to any crime that is a felony under the laws of | ||||||
23 | the United States or any
state or territory thereof or
that | ||||||
24 | is (i) a felony, (ii) a misdemeanor ,
of which an
essential | ||||||
25 | element of which is dishonesty , or (iii) a crime that
is
|
| |||||||
| |||||||
1 | directly related to the practice of the profession.
| ||||||
2 | (4) Making any misrepresentation for the purpose of | ||||||
3 | obtaining a license
or violating any provision of this Act | ||||||
4 | or its rules.
| ||||||
5 | (5) Professional incompetence or gross negligence .
| ||||||
6 | (6) Gross negligence
Malpractice .
| ||||||
7 | (7) Aiding or assisting another person in violating any | ||||||
8 | provision of
this Act or its rules.
| ||||||
9 | (8) Failing, within 30
60 days, to provide information | ||||||
10 | in response to a
written request made by the Department.
| ||||||
11 | (9) Engaging in dishonorable, unethical, or | ||||||
12 | unprofessional conduct of
a
character likely to deceive, | ||||||
13 | defraud or harm the public as defined by the
rules of the | ||||||
14 | Department, or violating the rules of professional conduct
| ||||||
15 | adopted by the Board and published by the Department.
| ||||||
16 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
17 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
18 | that results in the inability
to practice with reasonable | ||||||
19 | judgment, skill, or safety.
| ||||||
20 | (11) Discipline by another state, territory, or | ||||||
21 | country if at least one
of the grounds for the discipline | ||||||
22 | is the same or substantially equivalent
to those set forth | ||||||
23 | in this Act.
| ||||||
24 | (12) Directly or indirectly giving to or receiving from | ||||||
25 | any person, firm,
corporation, partnership or association | ||||||
26 | any fee, commission, rebate, or
other form of compensation |
| |||||||
| |||||||
1 | for any professional services not actually or
personally | ||||||
2 | rendered.
| ||||||
3 | (13) A finding by the Department that the licensee, | ||||||
4 | after
having his or her license placed on probationary | ||||||
5 | status, has violated the
terms of probation.
| ||||||
6 | (14) Abandonment of a patient without cause.
| ||||||
7 | (15) Willfully making or filing false records or | ||||||
8 | reports relating to a
licensee's practice, including but | ||||||
9 | not limited to false records filed with
State agencies or | ||||||
10 | departments.
| ||||||
11 | (16) Wilfully failing to report an instance of | ||||||
12 | suspected child abuse
or neglect as required by the Abused | ||||||
13 | and Neglected Child Reporting Act.
| ||||||
14 | (17) Being named as a perpetrator in an indicated | ||||||
15 | report by the
Department of Children and Family Services | ||||||
16 | under the Abused and Neglected
Child Reporting Act and upon | ||||||
17 | proof by clear and convincing evidence that
the licensee | ||||||
18 | has caused a child to be an abused child or neglected child | ||||||
19 | as
defined in the Abused and Neglected Child Reporting Act.
| ||||||
20 | (18) Physical illness or mental illness or impairment
| ||||||
21 | disability , including , but not limited to, deterioration | ||||||
22 | through
the aging process , or loss of motor skill
abilities | ||||||
23 | and skills that results
in the
inability to practice the | ||||||
24 | profession with reasonable judgment, skill, or
safety.
| ||||||
25 | (19) Solicitation of professional services by using | ||||||
26 | false or misleading
advertising.
|
| |||||||
| |||||||
1 | (20) A finding that licensure has been applied for or | ||||||
2 | obtained by
fraudulent means.
| ||||||
3 | (21) Practicing or attempting to practice under a name | ||||||
4 | other than the
full name as shown on the license or any | ||||||
5 | other legally authorized name.
| ||||||
6 | (22) Gross overcharging for professional services | ||||||
7 | including filing
statements for collection of fees or | ||||||
8 | moneys for which services
are not
rendered.
| ||||||
9 | (b) The Department shall deny any application for a | ||||||
10 | license , without
hearing, or renewal , without
hearing, under | ||||||
11 | this Act to any person who has defaulted on an
educational loan | ||||||
12 | guaranteed by the Illinois Student Assistance Commission;
| ||||||
13 | however, the Department may issue a license or renewal if the | ||||||
14 | person in default
has established a satisfactory repayment | ||||||
15 | record as determined by the Illinois
Student Assistance | ||||||
16 | Commission.
| ||||||
17 | (c) The determination by a circuit court that a licensee is | ||||||
18 | subject to
involuntary admission or judicial admission, as | ||||||
19 | provided in the Mental
Health and Developmental Disabilities | ||||||
20 | Code, operates as an automatic
suspension. The suspension will | ||||||
21 | terminate only upon a finding by a court
that the patient is no | ||||||
22 | longer subject to involuntary admission or judicial
admission | ||||||
23 | and the issuance of an order so finding and discharging the
| ||||||
24 | patient, and upon the recommendation of the Board to the | ||||||
25 | Secretary
Director that the
licensee be allowed to resume his | ||||||
26 | or her practice as a licensed marriage
and family therapist or |
| |||||||
| |||||||
1 | an associate marriage and family therapist.
| ||||||
2 | (d) The Department may refuse to issue or may suspend the | ||||||
3 | license of any
person who fails to file a return, pay the tax, | ||||||
4 | penalty, or interest shown
in a filed return or pay any final | ||||||
5 | assessment of tax, penalty, or interest,
as required by any tax | ||||||
6 | Act administered by the Illinois Department of
Revenue, until | ||||||
7 | the time the requirements of the tax Act are satisfied.
| ||||||
8 | (e) In enforcing this Section, the Department or Board upon | ||||||
9 | a showing of a
possible
violation may compel an individual | ||||||
10 | licensed to practice under this Act, or
who has applied for | ||||||
11 | licensure under this Act, to submit
to a mental or physical | ||||||
12 | examination, or both, as required by and at the expense
of the | ||||||
13 | Department. The Department or Board may order the examining | ||||||
14 | physician to
present
testimony concerning the mental or | ||||||
15 | physical examination of the licensee or
applicant. No | ||||||
16 | information shall be excluded by reason of any common law or
| ||||||
17 | statutory privilege relating to communications between the | ||||||
18 | licensee or
applicant and the examining physician. The | ||||||
19 | examining
physicians
shall be specifically designated by the | ||||||
20 | Board or Department.
The individual to be examined may have, at | ||||||
21 | his or her own expense, another
physician of his or her choice | ||||||
22 | present during all
aspects of this examination. Failure of an | ||||||
23 | individual to submit to a mental
or
physical examination, when | ||||||
24 | directed, shall be grounds for suspension of his or
her
license | ||||||
25 | until the individual submits to the examination if the | ||||||
26 | Department
finds,
after notice and hearing, that the refusal to |
| |||||||
| |||||||
1 | submit to the examination was
without reasonable cause.
| ||||||
2 | If the Department or Board finds an individual unable to | ||||||
3 | practice because of
the
reasons
set forth in this Section, the | ||||||
4 | Department or Board may require that individual
to submit
to
| ||||||
5 | care, counseling, or treatment by physicians approved
or | ||||||
6 | designated by the Department or Board, as a condition, term, or | ||||||
7 | restriction
for continued,
reinstated, or
renewed licensure to | ||||||
8 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
9 | Department may file, or
the Board may recommend to the | ||||||
10 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
11 | or otherwise discipline the license of the individual.
An | ||||||
12 | individual whose
license was granted, continued, reinstated, | ||||||
13 | renewed, disciplined or supervised
subject to such terms, | ||||||
14 | conditions, or restrictions, and who fails to comply
with
such | ||||||
15 | terms, conditions, or restrictions, shall be referred to the | ||||||
16 | Secretary
Director for
a
determination as to whether the | ||||||
17 | individual shall have his or her license
suspended immediately, | ||||||
18 | pending a hearing by the Department.
| ||||||
19 | In instances in which the Secretary
Director immediately | ||||||
20 | suspends a person's license
under this Section, a hearing on | ||||||
21 | that person's license must be convened by
the Department within | ||||||
22 | 30
15 days after the suspension and completed without
| ||||||
23 | appreciable
delay.
The Department and Board shall have the | ||||||
24 | authority to review the subject
individual's record of
| ||||||
25 | treatment and counseling regarding the impairment to the extent | ||||||
26 | permitted by
applicable federal statutes and regulations |
| |||||||
| |||||||
1 | safeguarding the confidentiality of
medical records.
| ||||||
2 | An individual licensed under this Act and affected under | ||||||
3 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
4 | the Department or Board that he or
she can resume
practice in | ||||||
5 | compliance with acceptable and prevailing standards under the
| ||||||
6 | provisions of his or her license.
| ||||||
7 | (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
| ||||||
8 | (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
10 | Sec. 90. Violations; injunctions; cease and desist order.
| ||||||
11 | (a) If any person violates a provision of this Act, the | ||||||
12 | Secretary
Director may, in
the name of the People of the State | ||||||
13 | of Illinois, through the Attorney
General of the State of | ||||||
14 | Illinois, petition for an order enjoining the
violation or for | ||||||
15 | an order enforcing compliance with this Act. Upon the
filing of | ||||||
16 | a verified petition in court, the court may issue a temporary
| ||||||
17 | restraining order, without notice or bond, and may | ||||||
18 | preliminarily and
permanently enjoin the violation. If it is | ||||||
19 | established that the person has
violated or is violating the | ||||||
20 | injunction, the Court may punish the offender
for contempt of | ||||||
21 | court. Proceedings under this Section are in addition to,
and | ||||||
22 | not in lieu of, all other remedies and penalties provided by | ||||||
23 | this Act.
| ||||||
24 | (b) If any person practices as a marriage and family | ||||||
25 | therapist or an
associate marriage and family therapist or
|
| |||||||
| |||||||
1 | holds himself or herself out as such without having a valid | ||||||
2 | license
under this Act, then any licensee, any interested party | ||||||
3 | or any person
injured thereby may, in addition to the Secretary
| ||||||
4 | Director , petition for relief as
provided in subsection (a) of | ||||||
5 | this Section.
| ||||||
6 | (c) Whenever in the opinion of the Department any person | ||||||
7 | violates any
provision of this Act, the Department may issue a | ||||||
8 | rule to show cause why an
order to cease and desist should not | ||||||
9 | be entered against him or her. The
rule shall clearly set forth | ||||||
10 | the grounds relied upon by the Department and
shall provide a | ||||||
11 | period of 7 days from the date of the rule to file an
answer to | ||||||
12 | the satisfaction of the Department. Failure to answer to the
| ||||||
13 | satisfaction of the Department shall cause an order to cease | ||||||
14 | and desist to
be issued immediately.
| ||||||
15 | (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
| ||||||
16 | (225 ILCS 55/91 new) | ||||||
17 | Sec. 91. Unlicensed practice; violation; civil penalty.
| ||||||
18 | (a) Any person who practices, offers to practice, attempts | ||||||
19 | to practice, or holds himself or herself out to practice as a | ||||||
20 | licensed marriage and family therapist without being licensed | ||||||
21 | under this Act shall, in addition to any other penalty provided | ||||||
22 | by law, pay a civil penalty to the Department in an amount not | ||||||
23 | to exceed $10,000 for each offense, as determined by the | ||||||
24 | Department. The civil penalty shall be assessed by the | ||||||
25 | Department after a hearing is held in accordance with the |
| |||||||
| |||||||
1 | provisions set forth in this Act regarding the provision of a | ||||||
2 | hearing for the discipline of a licensee. | ||||||
3 | (b) The Department may investigate any and all unlicensed | ||||||
4 | activity. | ||||||
5 | (c) The civil penalty shall be paid within 60 days after | ||||||
6 | the effective date of the order imposing the civil penalty. The | ||||||
7 | order shall constitute a judgment and may be filed and | ||||||
8 | execution had thereon in the same manner as any judgment from | ||||||
9 | any court of record.
| ||||||
10 | (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 95. Investigation; notice and hearing. The Department | ||||||
13 | may investigate
the actions or qualifications of any person or | ||||||
14 | persons holding or claiming to
hold a license. Before | ||||||
15 | suspending, revoking, placing on probationary status,
or | ||||||
16 | taking any other disciplinary action as the Department may deem | ||||||
17 | proper with
regard to any license, at least 30 days before the | ||||||
18 | date set for the hearing,
the Department shall (i)
notify the | ||||||
19 | accused in writing of any charges made and the time and place | ||||||
20 | for a
hearing on the charges before the Board, (ii) direct him | ||||||
21 | or her to file a
written answer to the charges with the Board | ||||||
22 | under oath within 20 days after
the service on him or her of | ||||||
23 | such notice, and (iii) inform him or her that if
he or she | ||||||
24 | fails to file an answer, default will be taken against him or | ||||||
25 | her and
his or her license may be suspended, revoked, placed on |
| |||||||
| |||||||
1 | probationary status, or
other disciplinary action taken with | ||||||
2 | regard to the license, including limiting
the scope, nature, or | ||||||
3 | extent
of his or her practice, as the Department may deem | ||||||
4 | proper. In case the person,
after receiving notice, fails to | ||||||
5 | file an answer, his or her license may, in the
discretion of | ||||||
6 | the Department, be suspended, revoked,
placed on probationary | ||||||
7 | status, or the Department may take whatever disciplinary
action | ||||||
8 | deemed proper, including limiting the scope, nature, or extent | ||||||
9 | of the
person's practice or the imposition of a fine, without a | ||||||
10 | hearing, if the act or
acts charged constitute sufficient | ||||||
11 | grounds for such action under this Act.
Written
This written
| ||||||
12 | notice and any notice in the subsequent proceedings may be | ||||||
13 | served by personal
delivery to the accused person, or by | ||||||
14 | registered or certified mail to the
applicant or licensee at | ||||||
15 | his or her last address of record with
address last specified | ||||||
16 | by the accused in his last notification to the
Department. In | ||||||
17 | case the person fails to file an answer after receiving notice,
| ||||||
18 | his or her license may, in the discretion of the Department,
be
| ||||||
19 | suspended, revoked, or placed on probationary status, or the | ||||||
20 | Department may
take whatever disciplinary action deemed | ||||||
21 | proper, including limiting the
scope, nature, or extent of the | ||||||
22 | person's practice or the imposition of a
fine, without a | ||||||
23 | hearing, if the act or acts charged constitute sufficient
| ||||||
24 | grounds for such action under this Act. The written answer | ||||||
25 | shall be served by
personal delivery, certified delivery, or | ||||||
26 | certified or registered mail to
the Department. At the time and |
| |||||||
| |||||||
1 | place fixed in the notice, the Department
shall proceed to hear | ||||||
2 | the charges and the parties or their counsel shall be
accorded | ||||||
3 | ample opportunity to present such statements, testimony, | ||||||
4 | evidence,
and argument as may be pertinent to the charges or to | ||||||
5 | the defense thereto. The
Department may continue such hearing | ||||||
6 | from time to time. At the discretion of
the Secretary
Director
| ||||||
7 | after having first received the recommendation of the Board, | ||||||
8 | the
accused person's license may be suspended
or revoked, if
| ||||||
9 | the evidence constitutes sufficient grounds for such action | ||||||
10 | under this Act.
| ||||||
11 | (Source: P.A. 90-61, eff. 12-30-97; 90-655, eff. 7-30-98.)
| ||||||
12 | (225 ILCS 55/105) (from Ch. 111, par. 8351-105)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
14 | Sec. 105. Subpoenas; oaths; attendance of witnesses. The | ||||||
15 | Department has the power to subpoena and to bring before it
any | ||||||
16 | person and to take testimony either orally or by deposition, or | ||||||
17 | both,
with the same fees and mileage and in the same manner as | ||||||
18 | prescribed in
civil cases in the courts of this State.
| ||||||
19 | The Secretary
Director , the designated hearing officer, | ||||||
20 | and every member of the
Board has power to administer oaths to | ||||||
21 | witnesses at any hearing that
the Department is authorized to | ||||||
22 | conduct and any other oaths authorized in
any Act administered | ||||||
23 | by the Department. Any circuit court may, upon application
of | ||||||
24 | the Department or its designee, or of the applicant or licensee | ||||||
25 | against whom
proceedings under this Act are pending, enter an |
| |||||||
| |||||||
1 | order requiring the attendance
of witnesses and their | ||||||
2 | testimony, and the production of documents, papers,
files, | ||||||
3 | books and records in connection with any hearing or | ||||||
4 | investigation. The
court may compel obedience to its order by | ||||||
5 | proceedings for contempt.
| ||||||
6 | (Source: P.A. 87-783; 87-1237.)
| ||||||
7 | (225 ILCS 55/110) (from Ch. 111, par. 8351-110)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 110. Recommendations for disciplinary action. At the
| ||||||
10 | conclusion of the hearing, the Board shall present to the | ||||||
11 | Secretary
Director a
written report of its findings and | ||||||
12 | recommendations. The report shall contain
a finding whether or | ||||||
13 | not the accused person violated this Act or failed
to comply | ||||||
14 | with the conditions required in this Act. The Board shall
| ||||||
15 | specify the nature of the violation or failure to comply, and | ||||||
16 | shall make
its recommendations to the Secretary
Director .
| ||||||
17 | The report of findings and recommendations of the Board | ||||||
18 | shall be the
basis for the Department's order for refusal or | ||||||
19 | for the granting of a
license, or for any disciplinary action, | ||||||
20 | unless the Secretary
Director shall
determine that the Board's | ||||||
21 | report is contrary to the manifest weight of the
evidence, in | ||||||
22 | which case the Secretary
Director may issue an order in | ||||||
23 | contravention of
the Board's report. The finding is not | ||||||
24 | admissible in evidence against the
person in a criminal | ||||||
25 | prosecution brought for the violation of this Act, but
the |
| |||||||
| |||||||
1 | hearing and finding are not a bar to a criminal prosecution | ||||||
2 | brought for
the violation of this Act.
| ||||||
3 | (Source: P.A. 87-783.)
| ||||||
4 | (225 ILCS 55/115) (from Ch. 111, par. 8351-115)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
6 | Sec. 115. Rehearing. In any hearing involving disciplinary | ||||||
7 | action
against a licensee, a copy of the Board's report shall | ||||||
8 | be
served upon the respondent by the Department, either | ||||||
9 | personally or as provided
in this Act for the service of the | ||||||
10 | notice of hearing. Within 20 calendar days
after service, the | ||||||
11 | respondent may present to the Department a motion in writing
| ||||||
12 | for a rehearing that shall specify the particular grounds for | ||||||
13 | rehearing. If no
motion for rehearing is filed, then upon the | ||||||
14 | expiration of the time specified
for filing a motion, or if a | ||||||
15 | motion for rehearing is denied, then upon denial,
the Secretary
| ||||||
16 | Director may enter an order in accordance with recommendations | ||||||
17 | of the
Board, except as provided in this Act. If the respondent | ||||||
18 | orders from the
reporting service, and pays for, a transcript | ||||||
19 | of the record within the time for
filing a motion for | ||||||
20 | rehearing, the 20 calendar day period within which a motion
may | ||||||
21 | be filed shall commence upon the delivery of the transcript to | ||||||
22 | the
respondent.
| ||||||
23 | (Source: P.A. 87-783; 87-1237; 88-45.)
| ||||||
24 | (225 ILCS 55/120) (from Ch. 111, par. 8351-120)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
2 | Sec. 120. Hearing by other hearing officer
examiner . | ||||||
3 | Whenever the Secretary
Director is not
satisfied that | ||||||
4 | substantial justice has been done in the revocation,
suspension | ||||||
5 | or refusal to issue or renew a license, the Secretary
Director
| ||||||
6 | may
order a rehearing by the same or other hearing officer
| ||||||
7 | examiners .
| ||||||
8 | (Source: P.A. 87-783.)
| ||||||
9 | (225 ILCS 55/125) (from Ch. 111, par. 8351-125)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
11 | Sec. 125. Appointment of a hearing officer. The Secretary
| ||||||
12 | Director has the
authority to appoint any attorney duly | ||||||
13 | licensed to practice law in the
State of Illinois to serve as | ||||||
14 | the hearing officer in any action for refusal
to issue or renew | ||||||
15 | a license, or to discipline a licensee. The hearing
officer has | ||||||
16 | full authority to conduct the hearing. The hearing officer
| ||||||
17 | shall report his findings and recommendations to the Board and | ||||||
18 | the
Secretary
Director . The Board
has 60 calendar days from | ||||||
19 | receipt of the report to
review the report of the hearing | ||||||
20 | officer and present its findings of fact,
conclusions of law | ||||||
21 | and recommendations to the Secretary
Director . If the Board | ||||||
22 | fails
to present its report within the 60 calendar day period, | ||||||
23 | the respondent may request in writing a direct appeal to the | ||||||
24 | Secretary, in which case the Secretary shall, within 7 calendar | ||||||
25 | days after the request, issue an order directing the Board to |
| |||||||
| |||||||
1 | issue its findings of fact, conclusions of law, and | ||||||
2 | recommendations to the Secretary within 30 calendar days after | ||||||
3 | such order. If the Board fails to issue its findings of fact, | ||||||
4 | conclusions of law, and recommendations within that time frame | ||||||
5 | to the Secretary after the entry of such order, the Secretary | ||||||
6 | shall, within 30 calendar days thereafter, issue an order based | ||||||
7 | upon the report of the hearing officer and the record of the | ||||||
8 | proceedings or issue an order remanding the matter back to the | ||||||
9 | hearing officer for additional proceedings in accordance with | ||||||
10 | the order. If (i) a direct appeal is requested, (ii) the Board | ||||||
11 | fails to issue its findings of fact, conclusions of law, and | ||||||
12 | recommendations within the 30-day mandate from the Secretary or | ||||||
13 | the Secretary fails to order the Board to do so, and (iii) the | ||||||
14 | Secretary fails to issue an order within 30 calendar days | ||||||
15 | thereafter, then the hearing officer's report is deemed | ||||||
16 | accepted and a final decision of the Secretary. Notwithstanding | ||||||
17 | any other provision of this Section, if the Secretary, upon | ||||||
18 | review, determines that substantial justice has not been done | ||||||
19 | in the revocation, suspension, or refusal to issue or renew a | ||||||
20 | license or other disciplinary action taken as the result of the | ||||||
21 | entry of the hearing officer's report, the Secretary may order | ||||||
22 | a rehearing by the same or other examiners
the
Director may
| ||||||
23 | issue an order based on the report of the hearing officer .
If | ||||||
24 | the Secretary
Director disagrees with the recommendation of the | ||||||
25 | Board or the
hearing officer, the Secretary
Director may issue | ||||||
26 | an order in contravention of the
recommendation.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-783; 87-1237.)
| ||||||
2 | (225 ILCS 55/130) (from Ch. 111, par. 8351-130)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
4 | Sec. 130. Order; certified copy. An order or a certified | ||||||
5 | copy thereof,
over the seal of the Department and purporting to | ||||||
6 | be signed by the
Secretary
Director , shall be prima facie | ||||||
7 | proof:
| ||||||
8 | (a) that the signature is the genuine signature of the | ||||||
9 | Secretary
Director ;
| ||||||
10 | (b) that the Secretary
Director is duly appointed and | ||||||
11 | qualified; and
| ||||||
12 | (c) that the Board and its members are qualified to act.
| ||||||
13 | (Source: P.A. 87-783.)
| ||||||
14 | (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
16 | Sec. 145. Summary suspension. The Secretary
Director may | ||||||
17 | summarily suspend the
license of a marriage and family | ||||||
18 | therapist or an associate marriage and
family therapist without | ||||||
19 | a hearing, simultaneously
with the institution of proceedings | ||||||
20 | for a hearing provided for in this Act, if
the Secretary
| ||||||
21 | Director finds that evidence in his or her possession indicates | ||||||
22 | that a
marriage and family therapist's or associate marriage | ||||||
23 | and family
therapist's continuation in practice would | ||||||
24 | constitute an
imminent danger to the public. In the event that |
| |||||||
| |||||||
1 | the Secretary
Director summarily
suspends the license of a | ||||||
2 | marriage and family therapist or an associate
marriage and | ||||||
3 | family therapist without a hearing, a
hearing by the Board must | ||||||
4 | be held within 30 calendar days after the suspension
has | ||||||
5 | occurred.
| ||||||
6 | (Source: P.A. 91-362, eff. 1-1-00.)
| ||||||
7 | Section 20. The Nursing Home Administrators Licensing and | ||||||
8 | Disciplinary Act is amended by changing Sections 4, 5, 5.1, 6, | ||||||
9 | 10.5, 11, 13, 15, 17, 18, 19, 20, 20.1, 21, 22, 24, 24.1, 26, | ||||||
10 | and 28 as follows:
| ||||||
11 | (225 ILCS 70/4) (from Ch. 111, par. 3654)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
13 | Sec. 4. Definitions. For purposes of this Act, the | ||||||
14 | following
definitions shall have the following meanings, | ||||||
15 | except where the context
requires otherwise:
| ||||||
16 | (1) "Act" means the Nursing Home Administrators | ||||||
17 | Licensing and
Disciplinary Act.
| ||||||
18 | (2) "Department" means the Department of Financial and
| ||||||
19 | Professional
Regulation.
| ||||||
20 | (3) "Secretary"
"Director" means the Secretary
| ||||||
21 | Director of Financial and Professional
Regulation.
| ||||||
22 | (4) "Board" means the Nursing Home Administrators | ||||||
23 | Licensing
and Disciplinary Board appointed by the | ||||||
24 | Governor.
|
| |||||||
| |||||||
1 | (5) "Nursing home administrator" means the individual | ||||||
2 | licensed
under this
Act and directly responsible for | ||||||
3 | planning, organizing, directing and
supervising the | ||||||
4 | operation of a nursing home, or who in fact performs such
| ||||||
5 | functions, whether or not such functions are delegated to | ||||||
6 | one or more
other persons.
| ||||||
7 | (6) "Nursing home" or "facility" means any entity that | ||||||
8 | is required to be
licensed by the Department of Public | ||||||
9 | Health under the Nursing Home
Care Act, as amended, other | ||||||
10 | than a sheltered care home as
defined thereunder, and | ||||||
11 | includes private homes, institutions,
buildings,
| ||||||
12 | residences, or other places, whether operated for profit or | ||||||
13 | not,
irrespective of the names attributed to them, county | ||||||
14 | homes for the infirm
and chronically ill operated pursuant | ||||||
15 | to the County Nursing Home Act, as
amended, and any similar | ||||||
16 | institutions operated by a political subdivision
of the | ||||||
17 | State of Illinois that provide, though their ownership or
| ||||||
18 | management, maintenance, personal care, and nursing for 3 | ||||||
19 | or more persons,
not related to the owner by blood or | ||||||
20 | marriage, or any similar facilities in
which maintenance is | ||||||
21 | provided to 3 or more persons who by reason of illness
of | ||||||
22 | physical infirmity require personal care and nursing.
| ||||||
23 | (7) "Maintenance" means food, shelter and laundry.
| ||||||
24 | (8) "Personal care" means assistance with meals, | ||||||
25 | dressing,
movement,
bathing, or other personal needs, or | ||||||
26 | general supervision of
the physical and
mental well-being |
| |||||||
| |||||||
1 | of an individual who because of age, physical, or mental
| ||||||
2 | disability, emotion or behavior disorder, or mental | ||||||
3 | retardation is
incapable of managing his or her person, | ||||||
4 | whether or not a guardian has been
appointed for such | ||||||
5 | individual. For the purposes of this Act, this
definition | ||||||
6 | does not include the professional services of a nurse.
| ||||||
7 | (9) "Nursing" means professional nursing or practical | ||||||
8 | nursing,
as those terms are defined in the Nursing and | ||||||
9 | Advanced Practice Nursing Act,
for sick or infirm persons | ||||||
10 | who are under the care
and supervision of licensed | ||||||
11 | physicians or dentists.
| ||||||
12 | (10) "Disciplinary action" means revocation, | ||||||
13 | suspension,
probation, supervision, reprimand, required | ||||||
14 | education, fines or
any other action taken by the | ||||||
15 | Department against a person holding a
license.
| ||||||
16 | (11) "Impaired" means the inability to practice with
| ||||||
17 | reasonable skill and
safety due to physical or mental | ||||||
18 | disabilities as evidenced by a written
determination or | ||||||
19 | written consent based on clinical evidence including
| ||||||
20 | deterioration through the aging process or loss of motor | ||||||
21 | skill, or abuse of
drugs or alcohol, of sufficient degree | ||||||
22 | to diminish a person's ability to
administer a nursing | ||||||
23 | home. | ||||||
24 | (12) "Address of record" means the designated address | ||||||
25 | recorded by the Department in the applicant's or licensee's | ||||||
26 | application file or license file maintained by the |
| |||||||
| |||||||
1 | Department's licensure maintenance unit. It is the duty of | ||||||
2 | the applicant or licensee to inform the Department of any | ||||||
3 | change of address, and such changes must be made either | ||||||
4 | through the Department's website or by contacting the | ||||||
5 | Department's licensure maintenance unit.
| ||||||
6 | (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
| ||||||
7 | (225 ILCS 70/5) (from Ch. 111, par. 3655)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 5. Board.
| ||||||
10 | (a) There is hereby created the Nursing Home Administrators
| ||||||
11 | Licensing and Disciplinary Board. The Board shall consist of 7
| ||||||
12 | 9 members
appointed by the Governor. All shall be residents of | ||||||
13 | the State of
Illinois. Two
Three members shall be | ||||||
14 | representatives of the general public.
Five
Six members shall | ||||||
15 | be nursing home administrators who for at least 5 years
prior | ||||||
16 | to their appointments were licensed under this Act. The public
| ||||||
17 | members shall have no responsibility for management or | ||||||
18 | formation of policy
of, nor any financial interest in, nursing | ||||||
19 | homes as defined in this Act,
nor any other connection with the | ||||||
20 | profession. In appointing licensed
nursing home | ||||||
21 | administrators, the Governor shall take into consideration the
| ||||||
22 | recommendations of the nursing home professional associations.
| ||||||
23 | (b) Members shall be appointed for a term of
4 years by the | ||||||
24 | Governor. The Governor shall fill any vacancy
for the remainder | ||||||
25 | of the unexpired term.
Any member of the Board may be removed |
| |||||||
| |||||||
1 | by the Governor for cause. Each
member shall serve on the Board
| ||||||
2 | until his or her successor is appointed and qualified. No | ||||||
3 | member
of the Board shall serve more than 2 consecutive 4 year | ||||||
4 | terms.
| ||||||
5 | In making appointments the Governor shall attempt to
insure | ||||||
6 | that the various geographic regions of the
State of Illinois | ||||||
7 | are properly represented.
| ||||||
8 | (c) The Board shall annually elect one of
its members as | ||||||
9 | chairperson and one as vice chairperson. No officer shall be
| ||||||
10 | elected more than twice
in succession to the same office. Each | ||||||
11 | officer shall serve
until his or her successor has been elected | ||||||
12 | and qualified.
| ||||||
13 | (d) A majority of the Board members currently appointed | ||||||
14 | shall constitute a
quorum. A vacancy in the membership of
the | ||||||
15 | Board shall not impair the right of a
quorum to exercise all | ||||||
16 | the rights and perform all the duties
of the Board.
| ||||||
17 | (e) Each member and member-officer of the
Board may
shall
| ||||||
18 | receive a per diem stipend as the
Secretary
Director shall | ||||||
19 | determine. Each member shall be paid their necessary
expenses | ||||||
20 | while engaged in the performance of his or her duties.
| ||||||
21 | (f) (Blank).
| ||||||
22 | (g) (Blank).
| ||||||
23 | (h) Members of the Board shall be immune
from suit in any | ||||||
24 | action based upon any disciplinary
proceedings or other acts | ||||||
25 | performed in good faith as members
of the Board.
| ||||||
26 | (i) (Blank).
|
| |||||||
| |||||||
1 | (j) The Secretary
Director shall give due consideration to | ||||||
2 | all recommendations of
the Board. If the Secretary
Director
| ||||||
3 | disagrees with or takes action contrary to the
recommendation | ||||||
4 | of the Board, he or she shall provide the Board with a written
| ||||||
5 | and specific explanation of his or her action.
| ||||||
6 | (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97.)
| ||||||
7 | (225 ILCS 70/5.1)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 5.1. Powers and duties; rules. The Department shall | ||||||
10 | exercise the
powers and duties prescribed by
the Civil | ||||||
11 | Administrative Code of Illinois for administration of | ||||||
12 | licensing acts
and shall exercise such other powers and duties | ||||||
13 | necessary for effectuating the
purposes of this Act. The | ||||||
14 | Department shall adopt rules to implement,
interpret, or make | ||||||
15 | specific the provisions and purposes of this Act and may
| ||||||
16 | prescribe forms that shall be issued in connection with | ||||||
17 | rulemaking. The
Department shall transmit the proposed | ||||||
18 | rulemaking to the Board.
| ||||||
19 | The Department may solicit the advice of the Board on any | ||||||
20 | matter relating to
the administration and enforcement of this | ||||||
21 | Act.
| ||||||
22 | The Director shall employ, in conformity with the Personnel | ||||||
23 | Code,
professional, technical, investigative, and clerical | ||||||
24 | help on a
full-time or
part-time basis as necessary for the | ||||||
25 | proper performance of its duties.
|
| |||||||
| |||||||
1 | Upon the written request of the Department, the Department | ||||||
2 | of Public Health, the Department of Human
Services or the | ||||||
3 | Department of State Police may cooperate and assist in
any | ||||||
4 | investigation undertaken by the Board.
| ||||||
5 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
6 | (225 ILCS 70/6) (from Ch. 111, par. 3656)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
8 | Sec. 6. Application procedure. Applications for original | ||||||
9 | licenses shall
be made to the
Department in writing on forms | ||||||
10 | prescribed by the Department and shall be
accompanied by the | ||||||
11 | required fee, which shall not be refundable. The
application | ||||||
12 | shall require information as in the judgment of the
Department | ||||||
13 | will enable the Department to pass on the
qualifications of the
| ||||||
14 | applicant for a license.
| ||||||
15 | Applicants have 3 years after the date of application to | ||||||
16 | complete the application process. If the process has not been | ||||||
17 | completed in 3 years, the application shall be denied, the fee | ||||||
18 | forfeited, and the applicant must reapply and meet the | ||||||
19 | requirements in effect at the time of reapplication.
| ||||||
20 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
21 | (225 ILCS 70/10.5)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
23 | Sec. 10.5. Unlicensed practice; violation; civil penalty.
| ||||||
24 | (a) Any person who practices, offers to practice, attempts |
| |||||||
| |||||||
1 | to practice, or
holds oneself out to practice as a nursing home | ||||||
2 | administrator without being
licensed under this Act shall, in
| ||||||
3 | addition to any other penalty provided by law, pay a civil | ||||||
4 | penalty to the
Department in an amount not to exceed $10,000
| ||||||
5 | $5,000 for each offense as determined by
the Department. The | ||||||
6 | civil penalty shall be assessed by the Department after a
| ||||||
7 | hearing is held in accordance with the provisions set forth in | ||||||
8 | this Act
regarding the provision of a hearing for the | ||||||
9 | discipline of a licensee.
| ||||||
10 | (b) The Department has the authority and power to | ||||||
11 | investigate any and all
unlicensed activity.
| ||||||
12 | (c) The civil penalty shall be paid within 60 days after | ||||||
13 | the effective date
of the order imposing the civil penalty. The | ||||||
14 | order shall constitute a judgment
and may be filed and | ||||||
15 | execution had thereon in the same manner as any judgment
from | ||||||
16 | any court of record.
| ||||||
17 | (Source: P.A. 89-474, eff. 6-18-96.)
| ||||||
18 | (225 ILCS 70/11) (from Ch. 111, par. 3661)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
20 | Sec. 11. Expiration; renewal; continuing education. The | ||||||
21 | expiration date
and renewal period for each license
issued | ||||||
22 | under this Act shall be set by rule.
| ||||||
23 | Each licensee shall provide proof of having obtained 36 | ||||||
24 | hours of
continuing education in the 2 year period preceding | ||||||
25 | the renewal date of the
license as a condition of license |
| |||||||
| |||||||
1 | renewal. The continuing education
requirement may be waived in | ||||||
2 | part or in whole for such good cause as may be
determined by | ||||||
3 | rule.
| ||||||
4 | Any continuing education course for nursing home | ||||||
5 | administrators approved
by the National Continuing Education | ||||||
6 | Review Service of the National
Association of Boards of | ||||||
7 | Examiners of Nursing Home Administrators will be
accepted | ||||||
8 | toward satisfaction of these requirements.
| ||||||
9 | Any continuing education course for nursing home | ||||||
10 | administrators sponsored
by the Life Services Network of | ||||||
11 | Illinois, Illinois Council on
Long Term Care, County Nursing | ||||||
12 | Home Association of Illinois, Illinois Health
Care | ||||||
13 | Association, Illinois Chapter of American College of Health | ||||||
14 | Care
Administrators, and the Illinois Nursing Home | ||||||
15 | Administrators Association
will be accepted toward | ||||||
16 | satisfaction of these requirements.
| ||||||
17 | Any school, college or university, State agency, or other | ||||||
18 | entity may
apply to the Department for approval as a continuing | ||||||
19 | education
sponsor.
Criteria for qualification as a continuing | ||||||
20 | education sponsor shall be
established by rule.
| ||||||
21 | It shall be the responsibility of each continuing education | ||||||
22 | sponsor to
maintain records, as prescribed by rule, to verify | ||||||
23 | attendance.
| ||||||
24 | The Department shall establish by rule a means for the | ||||||
25 | verification of
completion of the continuing education | ||||||
26 | required by this Section. This
verification may be accomplished |
| |||||||
| |||||||
1 | through audits of records maintained by
registrants; by | ||||||
2 | requiring the filing of continuing education certificates
with | ||||||
3 | the Department; or by other means
established by the | ||||||
4 | Department.
| ||||||
5 | Any nursing home administrator who has permitted his or her | ||||||
6 | license to
expire or
who has had his or her license on inactive | ||||||
7 | status may have his or her
license restored by
making | ||||||
8 | application to the Department and filing proof acceptable to | ||||||
9 | the
Department , as defined by rule, of his or her fitness to | ||||||
10 | have his or her license restored
and by paying the
required | ||||||
11 | fee. Proof of fitness may include evidence certifying to active
| ||||||
12 | lawful practice in another jurisdiction satisfactory to the | ||||||
13 | Department and
by paying the required restoration fee.
| ||||||
14 | However, any nursing home administrator whose license | ||||||
15 | expired while he or
she
was (1) in federal service on active | ||||||
16 | duty with the Armed Forces of the
United States, or the State | ||||||
17 | Militia called into service or training, or (2)
in training or | ||||||
18 | education under the supervision of the United States
| ||||||
19 | preliminary to induction into the military services, may have | ||||||
20 | his or her
license
renewed or restored without paying any | ||||||
21 | lapsed renewal fees if within 2
years after honorable | ||||||
22 | termination of such service, training or education,
he or she | ||||||
23 | furnishes the Department with satisfactory evidence to the | ||||||
24 | effect
that
he or she has been so engaged and that his or her | ||||||
25 | service, training or
education has been
so terminated.
| ||||||
26 | (Source: P.A. 90-61, eff. 12-30-97.)
|
| |||||||
| |||||||
1 | (225 ILCS 70/13) (from Ch. 111, par. 3663)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 13. Endorsement. The Department may, in its | ||||||
4 | discretion, license as a
nursing
home administrator, without | ||||||
5 | examination, on payment of the required fee, an
applicant who | ||||||
6 | is so licensed under the laws of another U.S. jurisdiction,
if | ||||||
7 | the requirements for licensure in the other jurisdiction in | ||||||
8 | which the
applicant was licensed were, at the date of his or | ||||||
9 | her licensure,
substantially
equivalent to the requirements | ||||||
10 | then in force in this State; or if the
applicant's | ||||||
11 | qualifications were, at the date of his or her licensure in the
| ||||||
12 | other
jurisdiction, substantially equivalent to the | ||||||
13 | requirements then in force
in this State.
| ||||||
14 | Notwithstanding the provisions of this Section, all | ||||||
15 | applicants seeking
licensure under this Section shall be | ||||||
16 | required to take and pass an
examination testing the | ||||||
17 | applicant's knowledge of Illinois law relating to
the practice | ||||||
18 | of nursing home administration.
| ||||||
19 | Applicants have 3 years from the date of application to | ||||||
20 | complete the
application process. If the process has not been | ||||||
21 | completed in 3 years,
the application shall be denied, the fee | ||||||
22 | shall be forfeited, and the
applicant must
reapply and meet the | ||||||
23 | requirements in effect at the time of reapplication.
| ||||||
24 | (Source: P.A. 90-61, eff. 12-30-97.)
|
| |||||||
| |||||||
1 | (225 ILCS 70/15) (from Ch. 111, par. 3665)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 15. Returned checks; fines. Any person who delivers a | ||||||
4 | check or other payment to the Department that
is returned to | ||||||
5 | the Department unpaid by the financial institution upon
which | ||||||
6 | it is drawn shall pay to the Department, in addition to the | ||||||
7 | amount
already owed to the Department, a fine of $50. The fines | ||||||
8 | imposed by this Section are in addition
to any other discipline | ||||||
9 | provided under this Act for unlicensed
practice or practice on | ||||||
10 | a nonrenewed license. The Department shall notify
the person | ||||||
11 | that payment of fees and fines shall be paid to the Department
| ||||||
12 | by certified check or money order within 30 calendar days of | ||||||
13 | the
notification. If, after the expiration of 30 days from the | ||||||
14 | date of the
notification, the person has failed to submit the | ||||||
15 | necessary remittance, the
Department shall automatically | ||||||
16 | terminate the license or deny
the application, without hearing. | ||||||
17 | If, after termination or denial, the
person seeks a license, he | ||||||
18 | or she shall apply to the
Department for restoration or | ||||||
19 | issuance of the license and
pay all fees and fines due to the | ||||||
20 | Department. The Department may establish
a fee for the | ||||||
21 | processing of an application for restoration of a license to | ||||||
22 | pay
all expenses of processing this application. The Secretary
| ||||||
23 | Director
may waive the fines due under this Section in | ||||||
24 | individual cases where the
Secretary
Director finds that the | ||||||
25 | fines would be unreasonable or unnecessarily
burdensome.
| ||||||
26 | (Source: P.A. 92-146, eff. 1-1-02.)
|
| |||||||
| |||||||
1 | (225 ILCS 70/17) (from Ch. 111, par. 3667)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 17. Grounds for disciplinary action.
| ||||||
4 | (a) The Department may impose fines not to exceed $10,000
| ||||||
5 | $1,000, or may
refuse to issue or to renew, or may revoke, | ||||||
6 | suspend, place on probation,
censure, reprimand or take other | ||||||
7 | disciplinary or non-disciplinary action with regard to the
| ||||||
8 | license of any person, for any one or combination
of the | ||||||
9 | following causes:
| ||||||
10 | (1) Intentional material misstatement in furnishing | ||||||
11 | information
to
the Department.
| ||||||
12 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
13 | contendere to any crime that is a felony under the laws of | ||||||
14 | the United States
or any
state or territory thereof that is | ||||||
15 | a felony or
a misdemeanor of which an
essential element is | ||||||
16 | dishonesty , or of any crime that is directly
related to the | ||||||
17 | practice of the profession of nursing home administration.
| ||||||
18 | (3) Making any misrepresentation for the purpose of | ||||||
19 | obtaining
a license,
or violating any provision of this | ||||||
20 | Act.
| ||||||
21 | (4) Immoral conduct in the commission of any act, such | ||||||
22 | as
sexual abuse or
sexual misconduct, related to the | ||||||
23 | licensee's practice.
| ||||||
24 | (5) Failing to respond within 30
60 days, to a
written | ||||||
25 | request made by the Department for information.
|
| |||||||
| |||||||
1 | (6) Engaging in dishonorable, unethical or | ||||||
2 | unprofessional
conduct of a
character likely to deceive, | ||||||
3 | defraud or harm the public.
| ||||||
4 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
5 | stimulants, or any
other chemical agent or drug which | ||||||
6 | results in the inability to practice
with reasonable | ||||||
7 | judgment, skill or safety.
| ||||||
8 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
9 | one of the grounds for the discipline is the same or | ||||||
10 | substantially
equivalent to those set forth herein.
| ||||||
11 | (9) A finding by the Department that the licensee, | ||||||
12 | after having
his or her license
placed on probationary | ||||||
13 | status has violated the terms of probation.
| ||||||
14 | (10) Willfully making or filing false records or | ||||||
15 | reports in
his or her
practice,
including but not limited | ||||||
16 | to false records filed with State agencies or
departments.
| ||||||
17 | (11) Physical illness, mental illness, or other | ||||||
18 | impairment or disability, including , but not limited to,
| ||||||
19 | deterioration
through the aging process, or loss of motor | ||||||
20 | skill that results in
the
inability to practice the | ||||||
21 | profession with reasonable judgment, skill or safety.
| ||||||
22 | (12) Disregard or violation of this Act or of any rule
| ||||||
23 | issued pursuant to this Act.
| ||||||
24 | (13) Aiding or abetting another in the violation of | ||||||
25 | this Act
or any rule
or regulation issued pursuant to this | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (14) Allowing one's license to be used by an unlicensed
| ||||||
2 | person.
| ||||||
3 | (15) (Blank).
Conviction of any crime an essential | ||||||
4 | element of which is
misstatement, fraud or dishonesty, or | ||||||
5 | conviction in this State or another
state
of any crime that | ||||||
6 | is a felony under the laws of this State or
conviction
of a | ||||||
7 | felony in a federal court.
| ||||||
8 | (16) Professional incompetence in the practice of | ||||||
9 | nursing
home administration.
| ||||||
10 | (17) Conviction of a violation of Section 12-19 of the
| ||||||
11 | Criminal Code of
1961 for the abuse and gross neglect of a | ||||||
12 | long term care facility resident.
| ||||||
13 | (18) Violation of the Nursing Home Care Act or of any | ||||||
14 | rule
issued under the Nursing Home Care Act.
| ||||||
15 | All proceedings to suspend, revoke, place on
probationary | ||||||
16 | status, or take any other disciplinary action
as the Department | ||||||
17 | may deem proper, with regard to a license
on any of the | ||||||
18 | foregoing grounds, must be commenced within
5
3 years next | ||||||
19 | after receipt by the Department of (i) a
complaint
alleging the | ||||||
20 | commission of or notice of the conviction order
for any of the | ||||||
21 | acts described herein or (ii) a referral for investigation
| ||||||
22 | under
Section 3-108 of the Nursing Home Care Act.
| ||||||
23 | The entry of an order or judgment by any circuit court | ||||||
24 | establishing that
any person holding a license under this Act | ||||||
25 | is a person in need of mental
treatment operates as a | ||||||
26 | suspension of that license. That person may resume
their |
| |||||||
| |||||||
1 | practice only upon the entry of a Department order based upon a
| ||||||
2 | finding by the Board that they have been determined to
be | ||||||
3 | recovered from mental illness by the court and upon the
Board's | ||||||
4 | recommendation that they be permitted to resume their practice.
| ||||||
5 | The Department, upon the recommendation of the
Board, may
| ||||||
6 | shall adopt rules which set forth
standards to be used in | ||||||
7 | determining what constitutes:
| ||||||
8 | (i)
(a) when a person will be deemed sufficiently
| ||||||
9 | rehabilitated to warrant the public trust;
| ||||||
10 | (ii)
(b) dishonorable, unethical or
unprofessional | ||||||
11 | conduct of a character likely to deceive,
defraud, or harm | ||||||
12 | the public;
| ||||||
13 | (iii)
(c) immoral conduct in the commission
of any act | ||||||
14 | related to the licensee's practice; and
| ||||||
15 | (iv)
(d) professional incompetence in the practice
of | ||||||
16 | nursing home administration.
| ||||||
17 | However, no such rule shall be admissible into evidence
in | ||||||
18 | any civil action except for review of a licensing or
other | ||||||
19 | disciplinary action under this Act.
| ||||||
20 | In enforcing this Section, the Department or Board, upon a | ||||||
21 | showing of a
possible
violation,
may compel any individual | ||||||
22 | licensed to practice under this
Act, or who has applied for | ||||||
23 | licensure
pursuant to this Act, to submit to a mental or | ||||||
24 | physical
examination, or both, as required by and at the | ||||||
25 | expense of
the Department. The examining physician or | ||||||
26 | physicians shall
be those specifically designated by the |
| |||||||
| |||||||
1 | Department or Board.
The Department or Board may order the | ||||||
2 | examining physician to present
testimony
concerning this | ||||||
3 | mental or physical examination of the licensee or applicant. No
| ||||||
4 | information shall be excluded by reason of any common law or | ||||||
5 | statutory
privilege relating to communications between the | ||||||
6 | licensee or applicant and the
examining physician.
The | ||||||
7 | individual to be examined may have, at his or her own
expense, | ||||||
8 | another physician of his or her choice present
during all | ||||||
9 | aspects of the examination. Failure of any
individual to submit | ||||||
10 | to mental or physical examination, when
directed, shall be | ||||||
11 | grounds for suspension of his or her
license until such time as | ||||||
12 | the individual submits to the
examination if the Department | ||||||
13 | finds, after notice
and hearing, that the refusal to submit to | ||||||
14 | the examination
was without reasonable cause.
| ||||||
15 | If the Department or Board
finds an individual unable to | ||||||
16 | practice
because of the reasons
set forth in this Section, the | ||||||
17 | Department or Board shall
require such individual to submit to | ||||||
18 | care, counseling, or
treatment by physicians approved or | ||||||
19 | designated by the
Department or Board, as a condition, term, or | ||||||
20 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
21 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
22 | Department may file, or the Board may recommend to the
| ||||||
23 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
24 | or otherwise discipline the license of the
individual.
Any | ||||||
25 | individual whose license was granted pursuant to
this Act or | ||||||
26 | continued, reinstated, renewed,
disciplined or supervised, |
| |||||||
| |||||||
1 | subject to such terms, conditions
or restrictions who shall | ||||||
2 | fail to comply with such terms,
conditions or restrictions
| ||||||
3 | shall be referred to the Secretary
Director for a
determination | ||||||
4 | as to whether the licensee shall have his or her
license | ||||||
5 | suspended immediately, pending a hearing by the
Department. In | ||||||
6 | instances in which the Secretary
Director
immediately suspends | ||||||
7 | a license under this Section, a hearing
upon such person's | ||||||
8 | license must be convened by the
Board within 30
15 days after | ||||||
9 | such suspension and
completed without appreciable delay. The | ||||||
10 | Department and Board
shall have the authority to review the | ||||||
11 | subject administrator's
record of treatment and counseling | ||||||
12 | regarding the impairment,
to the extent permitted by applicable | ||||||
13 | federal statutes and
regulations safeguarding the | ||||||
14 | confidentiality of medical records.
| ||||||
15 | An individual licensed under this Act, affected under
this | ||||||
16 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
17 | Department or Board that he or she can
resume
practice in | ||||||
18 | compliance with acceptable and prevailing
standards under the | ||||||
19 | provisions of his or her license.
| ||||||
20 | (b) Any individual or
organization acting in good faith, | ||||||
21 | and not in a wilful and
wanton manner, in complying with this | ||||||
22 | Act by providing any
report or other information to the | ||||||
23 | Department, or
assisting in the investigation or preparation of | ||||||
24 | such
information, or by participating in proceedings of the
| ||||||
25 | Department, or by serving as a member of the
Board, shall not, | ||||||
26 | as a result of such actions,
be subject to criminal prosecution |
| |||||||
| |||||||
1 | or civil damages.
| ||||||
2 | (c) Members of the Board, and persons
retained under | ||||||
3 | contract to assist and advise in an investigation,
shall be | ||||||
4 | indemnified by the State for any actions
occurring within the | ||||||
5 | scope of services on or for the Board, done in good
faith
and | ||||||
6 | not wilful and wanton in
nature. The Attorney General shall | ||||||
7 | defend all such actions
unless he or she determines either that | ||||||
8 | there would be a
conflict of interest in such representation or | ||||||
9 | that the
actions complained of were not in good faith or were | ||||||
10 | wilful and wanton.
| ||||||
11 | Should the Attorney General decline representation,
a | ||||||
12 | person entitled to indemnification under this Section shall | ||||||
13 | have the
right to employ counsel of his or her
choice, whose | ||||||
14 | fees shall be provided by the State, after
approval by the | ||||||
15 | Attorney General, unless there is a
determination by a court | ||||||
16 | that the member's actions were not
in good faith or were wilful | ||||||
17 | and wanton.
| ||||||
18 | A person entitled to indemnification under this
Section | ||||||
19 | must notify the Attorney General within 7
days of receipt of | ||||||
20 | notice of the initiation of any action
involving services of | ||||||
21 | the Board. Failure to so
notify the Attorney General shall | ||||||
22 | constitute an absolute
waiver of the right to a defense and | ||||||
23 | indemnification.
| ||||||
24 | The Attorney General shall determine within 7 days
after | ||||||
25 | receiving such notice, whether he or she will undertake to | ||||||
26 | represent
a
person entitled to indemnification under this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (d) The determination by a circuit court that a licensee is | ||||||
3 | subject to
involuntary admission or judicial admission as | ||||||
4 | provided in the Mental
Health and Developmental Disabilities | ||||||
5 | Code, as amended, operates as an
automatic suspension. Such | ||||||
6 | suspension will end only upon a finding by a
court that the | ||||||
7 | patient is no longer subject to involuntary admission or
| ||||||
8 | judicial admission and issues an order so finding and | ||||||
9 | discharging the
patient; and upon the recommendation of the | ||||||
10 | Board to the Secretary
Director that
the licensee be allowed to | ||||||
11 | resume his or her practice.
| ||||||
12 | (e) The Department may refuse to issue or may suspend the | ||||||
13 | license of
any person who fails to file a return, or to pay the | ||||||
14 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
15 | final assessment of tax,
penalty or interest, as required by | ||||||
16 | any tax Act administered by the Department of Revenue, until | ||||||
17 | such time as the requirements of any
such tax Act are | ||||||
18 | satisfied.
| ||||||
19 | (f) The Department of Public Health shall transmit to the
| ||||||
20 | Department a list of those facilities which receive an "A" | ||||||
21 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
22 | Act.
| ||||||
23 | (Source: P.A. 89-197, eff. 7-21-95; 90-61, eff. 12-30-97.)
| ||||||
24 | (225 ILCS 70/18) (from Ch. 111, par. 3668)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2008)
|
| |||||||
| |||||||
1 | Sec. 18. Cease and desist order.
| ||||||
2 | (a) If any person who is not a licensed nursing home | ||||||
3 | administrator
violates a provision of this Act, the
Secretary
| ||||||
4 | Director may, in the name of the People of the State of | ||||||
5 | Illinois, through
the Attorney General of the State of Illinois | ||||||
6 | or the State's Attorney of
any county in which the action is | ||||||
7 | brought, petition for an order enjoining
such violation or for | ||||||
8 | an order enforcing compliance with this Act. Upon
the filing of | ||||||
9 | a verified petition in court, the court may issue a temporary
| ||||||
10 | restraining order, without notice or bond, and may | ||||||
11 | preliminarily and
permanently enjoin such violation. If it is | ||||||
12 | established that such
person has violated or is violating the | ||||||
13 | injunction, the Court may punish
the offender for contempt of | ||||||
14 | court. Proceedings under this Section shall
be in addition to, | ||||||
15 | and not in lieu of, all other remedies and penalties
provided | ||||||
16 | by this Act.
| ||||||
17 | (b) If any person shall practice as a nursing home | ||||||
18 | administrator or hold
himself or herself out as a nursing home | ||||||
19 | administrator without being
licensed under
the provisions of | ||||||
20 | this Act, then any licensed nursing home administrator,
any | ||||||
21 | interested party, or any person injured thereby may, in | ||||||
22 | addition to the Secretary
Director , petition for relief as | ||||||
23 | provided in subsection (a) of this Section.
| ||||||
24 | Whoever knowingly practices or offers to practice nursing | ||||||
25 | home
administration in this State without being licensed for | ||||||
26 | that purpose shall
be guilty of a Class A misdemeanor and for |
| |||||||
| |||||||
1 | each subsequent conviction
shall be guilty of a Class 4 felony.
| ||||||
2 | (c) Whenever in the opinion of the Department any person | ||||||
3 | not licensed in
good standing violates any provision of this | ||||||
4 | Act, the Department may issue
a rule to show cause why an order | ||||||
5 | to cease and desist should not be entered
against him or her. | ||||||
6 | The rule shall clearly set forth the grounds relied
upon by
the | ||||||
7 | Department and shall provide a period of 7 working days from | ||||||
8 | the date
of the rule to file an answer to the satisfaction of | ||||||
9 | the Department.
Failure to answer to the satisfaction of the | ||||||
10 | Department shall cause an
order to cease and desist to be | ||||||
11 | issued immediately.
| ||||||
12 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
13 | (225 ILCS 70/19) (from Ch. 111, par. 3669)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 19. Investigation; hearing notification. Upon the | ||||||
16 | motion of either
the Department
or the Board or upon the | ||||||
17 | verified complaint in
writing of any person setting forth facts | ||||||
18 | that, if proven,
would constitute grounds for suspension or | ||||||
19 | revocation under
Section 17 of this Act, the Department shall | ||||||
20 | investigate the
actions of any person, so accused, who holds or | ||||||
21 | represents
that he or she holds a license. Such a person
is | ||||||
22 | hereinafter called
the accused.
| ||||||
23 | The Department shall, before suspending, revoking,
placing | ||||||
24 | on probationary status, or taking any other
disciplinary action | ||||||
25 | as the Department may deem proper with
regard to any license at |
| |||||||
| |||||||
1 | least 30 days prior to the date set
for the hearing, notify the | ||||||
2 | accused in writing of any
charges made and the time and place | ||||||
3 | for a hearing of the
charges before the Board, direct them to | ||||||
4 | file
their written answer to such notice to the Board under
| ||||||
5 | oath within 30 days after the service on them of such notice
| ||||||
6 | and inform them that if they fail to file such answer
default | ||||||
7 | will be taken against them and their license may be
suspended, | ||||||
8 | revoked, placed on probationary status, or have
other | ||||||
9 | disciplinary action, including limiting the scope,
nature or | ||||||
10 | extent of their practice, as the Department may
deem proper | ||||||
11 | taken with regard thereto.
| ||||||
12 | Written
Such written notice and any notice in such | ||||||
13 | proceedings
thereafter may be served by personal delivery of | ||||||
14 | the same,
personally, to the accused, or by mailing the same by
| ||||||
15 | registered or certified mail to the applicant or licensee at | ||||||
16 | his or her last address of record with
address
specified by the | ||||||
17 | accused in their last notification to the Department.
| ||||||
18 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
19 | (225 ILCS 70/20) (from Ch. 111, par. 3670)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
21 | Sec. 20. Board hearing; recommendation. At the time and | ||||||
22 | place fixed in
the
notice, the Board
shall proceed to hear the | ||||||
23 | charges and the parties
both the accused
person and the | ||||||
24 | complainant shall be accorded ample
opportunity to present in | ||||||
25 | person, or by counsel, such
statements, testimony, evidence and |
| |||||||
| |||||||
1 | argument as may be
pertinent to the charges or to any defense | ||||||
2 | thereto. The
Board may continue such hearing from time to
time. | ||||||
3 | If the Board is not sitting at the time
and place fixed in the | ||||||
4 | notice or at the time and place to
which the hearing has been | ||||||
5 | continued, the Department shall
continue such hearing for a | ||||||
6 | period not to exceed 30 days.
| ||||||
7 | In case the accused person, after receiving notice,
fails | ||||||
8 | to file an answer, the Board may recommend that his or her | ||||||
9 | license
be suspended, revoked or placed on probationary status, | ||||||
10 | or the Board
may recommend whatever disciplinary action as it | ||||||
11 | may deem
proper, without a hearing, if the act or acts charged | ||||||
12 | constitute sufficient
grounds for such action under this Act.
| ||||||
13 | The Board has the authority to recommend
to the Secretary
| ||||||
14 | Director that probation be granted or that other
disciplinary | ||||||
15 | action be taken as it
deems proper. If disciplinary action, | ||||||
16 | other than suspension
or revocation, is taken the Board may | ||||||
17 | recommend
that the Secretary
Director impose reasonable | ||||||
18 | limitations and
requirements upon the accused to insure
| ||||||
19 | compliance with the terms of the probation or other
| ||||||
20 | disciplinary action, including but not limited to regular
| ||||||
21 | reporting by the accused to the Department of their actions,
| ||||||
22 | placing themselves under the care of a qualified physician
for | ||||||
23 | treatment, or limiting their practice in such manner as
the | ||||||
24 | Secretary
Director may require.
| ||||||
25 | (Source: P.A. 90-61, eff. 12-30-97.)
|
| |||||||
| |||||||
1 | (225 ILCS 70/20.1)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 20.1. Summary suspension. The Secretary
Director
may | ||||||
4 | summarily
suspend the license of a nursing home administrator | ||||||
5 | without a hearing,
simultaneously with the institution of | ||||||
6 | proceedings for a
hearing provided under this Act
Section if | ||||||
7 | the Secretary
Director finds
that evidence in his or her | ||||||
8 | possession indicates that an
administrator's continuation in | ||||||
9 | practice would constitute an
immediate danger to the public.
If | ||||||
10 | the Secretary
Director summarily suspends the license of an | ||||||
11 | administrator without a
hearing, a hearing shall
be held within | ||||||
12 | 30 days after the suspension has occurred.
| ||||||
13 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
14 | (225 ILCS 70/21) (from Ch. 111, par. 3671)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
16 | Sec. 21. Appointment of hearing officer. The Secretary
| ||||||
17 | Director shall have the
authority to
appoint an attorney duly | ||||||
18 | licensed to practice law in the
State of Illinois to serve as | ||||||
19 | the hearing officer in any
action for refusal to issue, renew, | ||||||
20 | or discipline a license.
The hearing officer shall have full | ||||||
21 | authority to conduct the
hearing. There shall be present at | ||||||
22 | least one member of the Board at any
such hearing. The hearing | ||||||
23 | officer shall report his or her findings of
fact, conclusions | ||||||
24 | of law, and
recommendations to the Board. The Board shall
have | ||||||
25 | 60 days after receipt of the report to review the
report
of the |
| |||||||
| |||||||
1 | hearing officer and present its findings of fact,
conclusions | ||||||
2 | of law, and recommendations to the Secretary
Director .
If the | ||||||
3 | Board fails to present its report to the Secretary
within the | ||||||
4 | 60 day period,
the respondent may request in writing a direct | ||||||
5 | appeal to the Secretary, in which case the Secretary shall, | ||||||
6 | within 7 calendar days after the request, issue an order | ||||||
7 | directing the Board to issue its findings of fact, conclusions | ||||||
8 | of law, and recommendations to the Secretary within 30 calendar | ||||||
9 | days after such order. If the Board fails to issue its findings | ||||||
10 | of fact, conclusions of law, and recommendations within that | ||||||
11 | time frame to the Secretary after the entry of such order, the | ||||||
12 | Secretary shall, within 30 calendar days thereafter, issue an | ||||||
13 | order based upon the report of the hearing officer and the | ||||||
14 | record of the proceedings or issue an order remanding the | ||||||
15 | matter back to the hearing officer for additional proceedings | ||||||
16 | in accordance with the order. If (i) a direct appeal is | ||||||
17 | requested, (ii) the Board fails to issue its findings of fact, | ||||||
18 | conclusions of law, and recommendations within the 30-day | ||||||
19 | mandate from the Secretary or the Secretary fails to order the | ||||||
20 | Board to do so, and (iii) the Secretary fails to issue an order | ||||||
21 | within 30 calendar days thereafter, then the hearing officer's | ||||||
22 | report is deemed accepted and a final decision of the | ||||||
23 | Secretary. Notwithstanding any other provision of this | ||||||
24 | Section, if the Secretary, upon review, determines that | ||||||
25 | substantial justice has not been done in the revocation, | ||||||
26 | suspension, or refusal to issue or renew a license or other |
| |||||||
| |||||||
1 | disciplinary action taken as the result of the entry of the | ||||||
2 | hearing officer's report, the Secretary may order a rehearing | ||||||
3 | by the same or other examiners
the
Director may issue an order | ||||||
4 | based on the report of the hearing officer.
However, if the | ||||||
5 | Board does present its report within the specified 60 days,
the | ||||||
6 | Director's order shall be based upon the report of the Board .
| ||||||
7 | If the Secretary
Director disagrees with the recommendation of | ||||||
8 | the Board or the hearing
officer, the Secretary
Director may | ||||||
9 | issue an order in contravention of the Board's
report. The | ||||||
10 | Secretary
Director shall promptly provide a written | ||||||
11 | explanation to the Board
on any such disagreement.
| ||||||
12 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
13 | (225 ILCS 70/22) (from Ch. 111, par. 3672)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 22. Subpoena power. The Board or Department has
power | ||||||
16 | to subpoena and bring before it any person in this
State and to | ||||||
17 | take testimony either orally or by deposition,
or both, with | ||||||
18 | the same fees and mileage and in the same
manner as is | ||||||
19 | prescribed by law for judicial proceedings in civil cases.
| ||||||
20 | The Department, upon a determination that
probable cause | ||||||
21 | exists that a violation of one or more of the
grounds for | ||||||
22 | discipline listed in Section 17 has occurred or
is occurring, | ||||||
23 | may subpoena the records
of an individual licensed under this
| ||||||
24 | Act provided that prior to the submission of such records
to | ||||||
25 | the Board, all information indicating the
identity of any |
| |||||||
| |||||||
1 | resident shall be removed and deleted. The
use of such records | ||||||
2 | shall be restricted to members of the
Board and
appropriate | ||||||
3 | staff of the Department for the
purpose of determining the | ||||||
4 | existence of one or more grounds
for discipline of the nursing | ||||||
5 | home administrator as provided for by Section
17 of this Act. | ||||||
6 | Any such review of individual residents'
records shall be | ||||||
7 | conducted by the Board in
strict confidentiality, provided that | ||||||
8 | such resident records
shall be admissible in a disciplinary | ||||||
9 | hearing, before the
Department, when necessary to substantiate | ||||||
10 | the
grounds for discipline alleged against the administrator
| ||||||
11 | licensed under this Act, and provided further that nothing
| ||||||
12 | herein shall be deemed to supersede the provisions of Part
21 | ||||||
13 | of Article VIII of the Code of Civil Procedure, as now
or | ||||||
14 | hereafter amended, to the extent applicable.
| ||||||
15 | The Secretary
Director , the designated hearing officer, | ||||||
16 | and any member of the Board have the power to administer oaths | ||||||
17 | at any hearing that the Department is authorized to conduct and | ||||||
18 | any other
oaths authorized in an Act administered by the | ||||||
19 | Department.
| ||||||
20 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
21 | (225 ILCS 70/24) (from Ch. 111, par. 3674)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
23 | Sec. 24. Motion for rehearing. The Board shall present to
| ||||||
24 | the Secretary
Director a written report of its findings and
| ||||||
25 | recommendations. A copy of such report shall be served upon
the |
| |||||||
| |||||||
1 | accused person, either personally or by
certified mail. Within | ||||||
2 | 20 days after such service, the
accused person may present to | ||||||
3 | the Department a motion,
in writing, for a rehearing, which | ||||||
4 | shall
specify the particular grounds for rehearing. If the
| ||||||
5 | accused
person orders and pays for a transcript of the record | ||||||
6 | as
provided in Section 23, the time elapsing thereafter and
| ||||||
7 | before such transcript is ready for delivery to them shall
not | ||||||
8 | be counted as part of such 30 days.
| ||||||
9 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
10 | (225 ILCS 70/24.1)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 24.1. Surrender of license; record; list of | ||||||
13 | disciplined licensees
disciplinees . Upon the suspension,
| ||||||
14 | revocation, placement on probationary status, or the taking
of | ||||||
15 | any other disciplinary action deemed
proper by the Board with | ||||||
16 | regard to a license, the accused shall
surrender his or her | ||||||
17 | license to the Department, if ordered to do
so by the | ||||||
18 | Department, and upon his or her failure or refusal
to do so, | ||||||
19 | the Department may seize the license.
| ||||||
20 | Each order of revocation, suspension, or
other | ||||||
21 | disciplinary action shall contain a brief, concise
statement of | ||||||
22 | the ground or grounds upon which the
Department's action is | ||||||
23 | based, as well as the specific terms
and conditions of such | ||||||
24 | action. This document shall be
retained as a permanent record | ||||||
25 | by the Board and the Secretary
Director .
|
| |||||||
| |||||||
1 | The Department shall at least annually publish a list
of | ||||||
2 | the names of all persons disciplined under this Act in
the | ||||||
3 | preceding 12 months. Such lists shall be mailed by the
| ||||||
4 | Department to any person in the State upon request.
| ||||||
5 | In those instances where an order of revocation,
| ||||||
6 | suspension, or other disciplinary action has been rendered
by | ||||||
7 | virtue of a nursing home administrator's physical illness, | ||||||
8 | including but
not limited to deterioration through the aging | ||||||
9 | process, or
loss of motor skill that results in an inability
to | ||||||
10 | practice with reasonable judgment, skill, or
safety, the | ||||||
11 | Department shall only permit this document, and
the record of | ||||||
12 | the hearing incident thereto, to be observed,
inspected, | ||||||
13 | viewed, or copied pursuant to court order.
| ||||||
14 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
15 | (225 ILCS 70/26) (from Ch. 111, par. 3676)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
17 | Sec. 26. An order of revocation, suspension, placing the | ||||||
18 | license on
probationary status, or other formal
disciplinary | ||||||
19 | action as the Department may deem proper, or a
certified copy | ||||||
20 | thereof, over the seal of the Department and
purporting to be | ||||||
21 | signed by the Secretary
Director , is prima facie proof that:
| ||||||
22 | (a) Such signature is the genuine signature of the | ||||||
23 | Secretary
Director ;
| ||||||
24 | (b) The Secretary
Director is duly appointed and qualified; | ||||||
25 | and
|
| |||||||
| |||||||
1 | (c) The Board and the members thereof are qualified.
| ||||||
2 | Such proof may be rebutted.
| ||||||
3 | (Source: P.A. 85-932.)
| ||||||
4 | (225 ILCS 70/28) (from Ch. 111, par. 3678)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
6 | Sec. 28. Rehearing on order of Secretary
Director . Whenever | ||||||
7 | the Secretary
Director believes
justice has
not been done in | ||||||
8 | the refusal to issue or renew a license or revocation,
| ||||||
9 | suspension, or discipline of a license, he or she may order a | ||||||
10 | rehearing.
| ||||||
11 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
12 | Section 25. The Physician Assistant Practice Act of 1987 is | ||||||
13 | amended by changing Sections 3, 4, 7, 10.5, 11, 12, 14.1, 15, | ||||||
14 | 21, 22, 22.1, 22.2, 22.5, 22.6, 22.7, 22.8, 22.9, 22.10, and | ||||||
15 | 22.13 as follows:
| ||||||
16 | (225 ILCS 95/3) (from Ch. 111, par. 4603)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 3. Administrative Procedure Act. The Illinois | ||||||
19 | Administrative Procedure
Act is hereby expressly adopted and | ||||||
20 | incorporated herein as if all of the
provisions of that Act | ||||||
21 | were included in this Act, except that the provision of
| ||||||
22 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
23 | Procedure Act
that provides that at hearings the licensee has |
| |||||||
| |||||||
1 | the right to show compliance
with all lawful requirements for | ||||||
2 | retention, continuation or renewal of the
license is | ||||||
3 | specifically excluded. For the purposes of this Act the notice
| ||||||
4 | required under Section 10-25 of the Administrative Procedure | ||||||
5 | Act is deemed
sufficient when mailed to the last known address | ||||||
6 | of a party. The Secretary
Director may
promulgate rules for the | ||||||
7 | administration and enforcement of this Act and may
prescribe | ||||||
8 | forms to be issued in connection with this Act.
| ||||||
9 | (Source: P.A. 88-45.)
| ||||||
10 | (225 ILCS 95/4) (from Ch. 111, par. 4604)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 4. In this Act:
| ||||||
13 | 1. "Department" means the Department of Financial and
| ||||||
14 | Professional Regulation.
| ||||||
15 | 2. " Secretary
Director " means the Secretary
Director of | ||||||
16 | Financial and Professional Regulation.
| ||||||
17 | 3. "Physician assistant" means any person not a physician | ||||||
18 | who has been
certified as a physician assistant by the National | ||||||
19 | Commission on the
Certification of Physician Assistants or | ||||||
20 | equivalent successor agency and
performs procedures under the | ||||||
21 | supervision of a physician as defined in this
Act. A physician | ||||||
22 | assistant may perform such procedures within the
specialty of | ||||||
23 | the supervising physician, except that such physician shall
| ||||||
24 | exercise such direction, supervision and control over such | ||||||
25 | physician
assistants as will assure that patients shall receive |
| |||||||
| |||||||
1 | quality medical
care. Physician assistants shall be capable of | ||||||
2 | performing a variety of tasks
within the specialty of medical | ||||||
3 | care under the supervision of a physician.
Supervision of the | ||||||
4 | physician assistant shall not be construed to
necessarily | ||||||
5 | require the personal presence of the supervising physician at
| ||||||
6 | all times at the place where services are rendered, as long as | ||||||
7 | there is
communication available for consultation by radio, | ||||||
8 | telephone or
telecommunications within established guidelines | ||||||
9 | as determined by the
physician/physician assistant team. The | ||||||
10 | supervising physician may delegate
tasks and duties to the | ||||||
11 | physician assistant. Delegated tasks or duties
shall be | ||||||
12 | consistent with physician assistant education, training, and
| ||||||
13 | experience. The delegated tasks or duties shall be specific to | ||||||
14 | the
practice setting and shall be implemented and reviewed | ||||||
15 | under guidelines
established by the physician or | ||||||
16 | physician/physician assistant team. A
physician assistant, | ||||||
17 | acting as an agent of the physician, shall be
permitted to | ||||||
18 | transmit the supervising physician's orders as determined by
| ||||||
19 | the institution's by-laws, policies, procedures, or job | ||||||
20 | description within
which the physician/physician assistant | ||||||
21 | team practices. Physician
assistants shall practice only | ||||||
22 | within the established guidelines.
| ||||||
23 | 4. "Board" means the Medical Licensing Board
constituted | ||||||
24 | under the Medical Practice Act of 1987.
| ||||||
25 | 5. "Disciplinary Board" means the Medical Disciplinary | ||||||
26 | Board constituted
under the Medical Practice Act of 1987.
|
| |||||||
| |||||||
1 | 6. "Physician" means, for purposes of this Act, a person | ||||||
2 | licensed to
practice medicine in all its branches under the | ||||||
3 | Medical Practice Act of 1987.
| ||||||
4 | 7. "Supervising Physician" means, for the purposes of this | ||||||
5 | Act, the
primary supervising physician of a physician | ||||||
6 | assistant, who, within his
specialty and expertise may delegate | ||||||
7 | a variety of tasks and procedures to
the physician assistant. | ||||||
8 | Such tasks and procedures shall be delegated
within established | ||||||
9 | guidelines. The supervising physician maintains the
final | ||||||
10 | responsibility for the care of the patient and the performance | ||||||
11 | of the
physician assistant.
| ||||||
12 | 8. "Alternate supervising physician" means, for the | ||||||
13 | purpose of this Act ,
any physician designated by the | ||||||
14 | supervising physician to provide
supervision in the event that | ||||||
15 | he or she is unable to provide that supervision for
a period | ||||||
16 | not to exceed 30 days unless the Department is notified in
| ||||||
17 | writing . The Department may further define "alternate | ||||||
18 | supervising physician" by rule.
| ||||||
19 | The alternate supervising physicians shall maintain all | ||||||
20 | the same
responsibilities as the supervising physician. | ||||||
21 | Nothing in this Act shall
be construed as relieving any | ||||||
22 | physician of the professional or legal
responsibility for the | ||||||
23 | care and treatment of persons attended by him or by
physician | ||||||
24 | assistants under his supervision. Nothing in this Act shall be
| ||||||
25 | construed as to limit the reasonable number of alternate | ||||||
26 | supervising
physicians, provided they are designated by the |
| |||||||
| |||||||
1 | supervising physician. | ||||||
2 | 9. "Address of record" means the designated address | ||||||
3 | recorded by the Department in the applicant's or licensee's | ||||||
4 | application file or license file maintained by the Department's | ||||||
5 | licensure maintenance unit. It is the duty of the applicant or | ||||||
6 | licensee to inform the Department of any change of address, and | ||||||
7 | such changes must be made either through the Department's | ||||||
8 | website or by contacting the Department's licensure | ||||||
9 | maintenance unit.
| ||||||
10 | (Source: P.A. 89-361, eff. 8-17-95.)
| ||||||
11 | (225 ILCS 95/7) (from Ch. 111, par. 4607)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
13 | Sec. 7. Supervision requirements. No more than 2 physician
| ||||||
14 | assistants shall be supervised
by
the supervising physician, | ||||||
15 | although a physician assistant shall be able to
hold more than | ||||||
16 | one professional position. Each supervising physician shall
| ||||||
17 | file a notice of supervision of such physician assistant | ||||||
18 | according to the
rules of the Department. However, the | ||||||
19 | alternate supervising physician may
supervise more than 2 | ||||||
20 | physician assistants when
the supervising
physician
is unable | ||||||
21 | to provide such supervision consistent with the definition of
| ||||||
22 | alternate physician in Section 4. It is the responsibility of | ||||||
23 | the supervising physician to maintain documentation each time | ||||||
24 | he or she has designated an alternative supervising physician. | ||||||
25 | This documentation shall include the date alternate |
| |||||||
| |||||||
1 | supervisory control began, the date alternate supervisory | ||||||
2 | control ended, and any other changes. A supervising physician | ||||||
3 | shall provide a copy of this documentation to the Department, | ||||||
4 | upon request.
| ||||||
5 | Physician assistants shall be supervised only by | ||||||
6 | physicians as defined in
this Act
who are engaged in clinical | ||||||
7 | practice, or in clinical practice in
public health or other | ||||||
8 | community health facilities.
| ||||||
9 | Nothing in this Act shall be construed to limit the | ||||||
10 | delegation of tasks or
duties by a physician to a nurse or | ||||||
11 | other appropriately trained personnel.
| ||||||
12 | Nothing in this Act
shall be construed to prohibit the | ||||||
13 | employment of physician assistants by
a hospital, nursing home | ||||||
14 | or other health care facility where such physician
assistants | ||||||
15 | function under the supervision of a supervising physician.
| ||||||
16 | Physician assistants may be employed by the Department of | ||||||
17 | Corrections or
the Department of Human Services (as successor | ||||||
18 | to the Department of Mental
Health and Developmental | ||||||
19 | Disabilities) for service in
facilities maintained by such | ||||||
20 | Departments and affiliated training
facilities in programs | ||||||
21 | conducted under the authority of the Director of
Corrections or | ||||||
22 | the Secretary of Human Services. Each physician assistant
| ||||||
23 | employed by the Department of Corrections or the Department of | ||||||
24 | Human Services
(as successor to the Department of Mental Health | ||||||
25 | and
Developmental Disabilities) shall be under the supervision | ||||||
26 | of a physician
engaged in clinical practice and direct patient |
| |||||||
| |||||||
1 | care. Duties of each
physician assistant employed by such | ||||||
2 | Departments are limited to those
within the scope of practice | ||||||
3 | of the supervising physician who is fully
responsible for all | ||||||
4 | physician assistant activities.
| ||||||
5 | A physician assistant may be employed by a practice group | ||||||
6 | or other entity
employing multiple physicians at one or more | ||||||
7 | locations. In that case, one of
the
physicians practicing at a | ||||||
8 | location shall be designated the supervising
physician. The | ||||||
9 | other physicians with that practice group or other entity who
| ||||||
10 | practice in the same general type of practice or specialty
as | ||||||
11 | the supervising physician may supervise the physician | ||||||
12 | assistant with respect
to their patients without being deemed | ||||||
13 | alternate supervising physicians for the
purpose of this Act.
| ||||||
14 | (Source: P.A. 93-149, eff. 7-10-03.)
| ||||||
15 | (225 ILCS 95/10.5)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
17 | Sec. 10.5. Unlicensed practice; violation; civil penalty.
| ||||||
18 | (a) Any person who practices, offers to practice, attempts | ||||||
19 | to practice, or
holds oneself out to practice as a physician's | ||||||
20 | assistant without being licensed
under this Act shall, in
| ||||||
21 | addition to any other penalty provided by law, pay a civil | ||||||
22 | penalty to the
Department in an amount not to exceed $10,000
| ||||||
23 | $5,000 for each offense as determined by
the Department. The | ||||||
24 | civil penalty shall be assessed by the Department after a
| ||||||
25 | hearing is held in accordance with the provisions set forth in |
| |||||||
| |||||||
1 | this Act
regarding the provision of a hearing for the | ||||||
2 | discipline of a licensee.
| ||||||
3 | (b) The Department has the authority and power to | ||||||
4 | investigate any and all
unlicensed activity.
| ||||||
5 | (c) The civil penalty shall be paid within 60 days after | ||||||
6 | the effective date
of the order imposing the civil penalty. The | ||||||
7 | order shall constitute a judgment
and may be filed and | ||||||
8 | execution had thereon in the same manner as any judgment
from | ||||||
9 | any court of record.
| ||||||
10 | (Source: P.A. 89-474, eff. 6-18-96.)
| ||||||
11 | (225 ILCS 95/11) (from Ch. 111, par. 4611)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
13 | Sec. 11. Committee. There is established a physician | ||||||
14 | assistant advisory
committee
to the Medical Licensing Board. | ||||||
15 | The physician assistant advisory
committee shall review and | ||||||
16 | make recommendations to the
Board regarding all matters | ||||||
17 | relating to physician assistants. The
physician assistant | ||||||
18 | advisory committee shall be composed of 7 members.
Three of the | ||||||
19 | 7 members shall be physicians, 2 of whom shall be members of
| ||||||
20 | the Board and appointed to the advisory committee by
the | ||||||
21 | chairman. One physician, not a member of the Board,
shall be a | ||||||
22 | supervisor of a certified physician assistant and
shall be | ||||||
23 | approved by the Governor from a list of Illinois physicians
| ||||||
24 | supervising certified physician assistants. Three members | ||||||
25 | shall be
physician assistants, certified under the law and |
| |||||||
| |||||||
1 | appointed by the Governor
from a list of 10 names recommended | ||||||
2 | by the Board of Directors of the
Illinois Academy of Physician | ||||||
3 | Assistants. One member, not employed or
having any material | ||||||
4 | interest in any health care field, shall be appointed
by the | ||||||
5 | Governor and represent the public. The chairman of the | ||||||
6 | physician
assistant advisory committee shall be a member | ||||||
7 | elected by a majority vote
of the physician assistant advisory | ||||||
8 | committee unless already a member of
the Board. The physician | ||||||
9 | assistant advisory committee
is required to meet and report to | ||||||
10 | the Board as physician assistant issues arise. The terms of | ||||||
11 | office of each of the
original 7 members shall be at staggered | ||||||
12 | intervals. One physician and one
physician assistant shall | ||||||
13 | serve for a 2 year term. One physician and one
physician | ||||||
14 | assistant shall serve a 3 year term. One physician, one | ||||||
15 | physician
assistant and the public member shall serve a 4 year | ||||||
16 | term. Upon the
expiration of the term of any member, his | ||||||
17 | successor shall be appointed for
a term of 4 years in the same | ||||||
18 | manner as the initial appointment. No member
shall serve more | ||||||
19 | than 2 consecutive terms.
| ||||||
20 | The members of the physician assistant advisory committee | ||||||
21 | shall be
reimbursed for all
authorized legitimate and necessary | ||||||
22 | expenses incurred in attending the meetings
of the committee.
| ||||||
23 | A majority of the physician assistant advisory committee | ||||||
24 | members currently
appointed
shall constitute a quorum. A | ||||||
25 | vacancy in the membership of the committee shall
not impair the | ||||||
26 | right of a quorum to perform all of the duties of the |
| |||||||
| |||||||
1 | committee.
| ||||||
2 | Members of the physician assistant advisory committee | ||||||
3 | shall have no liability
for any
action based upon a | ||||||
4 | disciplinary proceeding or other activity performed in good
| ||||||
5 | faith as a member of the committee.
| ||||||
6 | (Source: P.A. 90-61, eff. 12-30-97; 91-827, eff. 6-13-00.)
| ||||||
7 | (225 ILCS 95/12) (from Ch. 111, par. 4612)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 12. A person shall be qualified for licensure as a | ||||||
10 | physician
assistant and the Department may issue a physician | ||||||
11 | assistant license to a
if that person who :
| ||||||
12 | 1. Has applied in writing in form and substance | ||||||
13 | satisfactory to the
Department and has not violated any of the | ||||||
14 | provisions of Section 21 of this
Act or the rules promulgated | ||||||
15 | hereunder. The Department may take into
consideration any | ||||||
16 | felony conviction of the applicant but such conviction
shall | ||||||
17 | not operate as an absolute bar to licensure; and
| ||||||
18 | 2. Has successfully completed the examination provided by | ||||||
19 | the National
Commission on the Certification of Physician's | ||||||
20 | Assistant or its successor
agency ;
. | ||||||
21 | 3. Holds a certificate issued by the National Commission on | ||||||
22 | the Certification of Physician Assistants or an equivalent | ||||||
23 | successor agency; and | ||||||
24 | 4. Complies with all applicable rules of the Department.
| ||||||
25 | (Source: P.A. 85-981.)
|
| |||||||
| |||||||
1 | (225 ILCS 95/14.1)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 14.1. Fees.
| ||||||
4 | (a) Fees collected for the administration of this Act shall | ||||||
5 | be set by the
The Department by rule
shall provide by rule for | ||||||
6 | a schedule of
fees to
be paid for licenses by all applicants . | ||||||
7 | All fees are not refundable.
| ||||||
8 | (b) (Blank).
Except as provided in subsection (c) below, | ||||||
9 | the fees for the
administration and enforcement of this Act, | ||||||
10 | including but not limited to
original licensure, renewal, and | ||||||
11 | restoration, shall be set by rule.
| ||||||
12 | (c) All moneys collected under this Act by the Department | ||||||
13 | shall be
deposited in the Illinois State Medical Disciplinary | ||||||
14 | Fund in the State
Treasury and used (1) in the exercise of its | ||||||
15 | powers and performance of its
duties under this Act, as such | ||||||
16 | use is made by the Department; (2) for costs
directly
related | ||||||
17 | to license renewal of persons licensed under this Act; and (3) | ||||||
18 | for the
costs
incurred by the physician assistant advisory | ||||||
19 | committee in the exercise of its
powers and performance of its | ||||||
20 | duties under this Act, as such use is made by the
Department; | ||||||
21 | and (4) for direct and allocable indirect costs related to the
| ||||||
22 | public purposes of the Department of Professional Regulation .
| ||||||
23 | All earnings received from investment of moneys in the | ||||||
24 | Illinois State
Medical Disciplinary Fund shall be deposited | ||||||
25 | into the Illinois State Medical
Disciplinary Fund and shall be |
| |||||||
| |||||||
1 | used for the same purposes as fees deposited in
the Fund.
| ||||||
2 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
3 | (225 ILCS 95/15) (from Ch. 111, par. 4615)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
5 | Sec. 15. Endorsement. Upon payment of the required fee, the | ||||||
6 | Department may, in its discretion, license as a physician | ||||||
7 | assistant, an
An applicant who is
may be approved as a | ||||||
8 | physician assistant who
has been licensed or approved in | ||||||
9 | another jurisdiction, if the requirements for licensure in that | ||||||
10 | jurisdiction were, at the time of licensure,
state which has
| ||||||
11 | substantially equivalent to the requirements in force in this | ||||||
12 | State on that date or equivalent to the requirements of this | ||||||
13 | Act
the
same requirements, and to whom the applicant applies | ||||||
14 | and pays a fee
determined by the Department .
| ||||||
15 | (Source: P.A. 85-981.)
| ||||||
16 | (225 ILCS 95/21) (from Ch. 111, par. 4621)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 21. Grounds for disciplinary action.
| ||||||
19 | (a) The Department may refuse to issue or to renew, or may
| ||||||
20 | revoke, suspend, place on probation, censure or reprimand, or | ||||||
21 | take other
disciplinary or non-disciplinary action with regard | ||||||
22 | to any license issued under this Act as the
Department may deem | ||||||
23 | proper, including the issuance of fines not to exceed
$10,000
| ||||||
24 | $5000 for each violation, for any one or combination of the |
| |||||||
| |||||||
1 | following causes:
| ||||||
2 | (1) Material misstatement in furnishing information to | ||||||
3 | the Department.
| ||||||
4 | (2) Violations of this Act, or the rules adopted under | ||||||
5 | this Act.
| ||||||
6 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
7 | contendere to any crime that is a felony under the laws of | ||||||
8 | the United States or any state or territory thereof
any | ||||||
9 | U.S. jurisdiction that
is a felony or that is a | ||||||
10 | misdemeanor ,
of which an essential element of which is
| ||||||
11 | dishonesty , or of
any crime
that
which is directly related | ||||||
12 | to the practice of the
profession.
| ||||||
13 | (4) Making any misrepresentation for the purpose of | ||||||
14 | obtaining licenses.
| ||||||
15 | (5) Professional incompetence.
| ||||||
16 | (6) Aiding or assisting another person in violating any | ||||||
17 | provision of this
Act or its rules.
| ||||||
18 | (7) Failing, within 60 days, to provide information in | ||||||
19 | response to a
written request made by the Department.
| ||||||
20 | (8) Engaging in dishonorable, unethical, or | ||||||
21 | unprofessional conduct, as
defined by rule, of a character | ||||||
22 | likely to deceive, defraud, or harm the public.
| ||||||
23 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
24 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
25 | that results in a physician
assistant's inability to | ||||||
26 | practice with reasonable judgment, skill, or safety.
|
| |||||||
| |||||||
1 | (10) Discipline by another U.S. jurisdiction or | ||||||
2 | foreign nation, if at
least one of the grounds for | ||||||
3 | discipline is the same or substantially equivalent
to those | ||||||
4 | set forth in this Section.
| ||||||
5 | (11) Directly or indirectly giving to or receiving from | ||||||
6 | any person, firm,
corporation, partnership, or association | ||||||
7 | any fee, commission, rebate or
other form of compensation | ||||||
8 | for any professional services not actually or
personally | ||||||
9 | rendered.
| ||||||
10 | (12) A finding by the Disciplinary Board that the | ||||||
11 | licensee, after having
his or her license placed on | ||||||
12 | probationary status has violated the terms of
probation.
| ||||||
13 | (13) Abandonment of a patient.
| ||||||
14 | (14) Willfully making or filing false records or | ||||||
15 | reports in his or her
practice, including but not limited | ||||||
16 | to false records filed with state agencies
or departments.
| ||||||
17 | (15) Willfully failing to report an instance of | ||||||
18 | suspected child abuse or
neglect as required by the Abused | ||||||
19 | and Neglected Child Reporting Act.
| ||||||
20 | (16) Physical illness, or mental illness or impairment
| ||||||
21 | including but not limited to deterioration
through the | ||||||
22 | aging process, or loss of motor skill, mental illness, or
| ||||||
23 | disability that results in the inability to practice the | ||||||
24 | profession with
reasonable judgment, skill , or safety , | ||||||
25 | including, but not limited to, deterioration through the | ||||||
26 | aging process or loss of motor skill .
|
| |||||||
| |||||||
1 | (17) Being named as a perpetrator in an indicated | ||||||
2 | report by the
Department of Children and Family Services | ||||||
3 | under the Abused and
Neglected Child Reporting Act, and | ||||||
4 | upon proof by clear and convincing evidence
that the | ||||||
5 | licensee has caused a child to be an abused child or | ||||||
6 | neglected child
as defined in the Abused and Neglected | ||||||
7 | Child Reporting Act.
| ||||||
8 | (18) (Blank).
Conviction in this State or another state | ||||||
9 | of any crime that is a
felony under the laws of this State, | ||||||
10 | or conviction of a felony in a federal
court.
| ||||||
11 | (19) Gross negligence
malpractice resulting in | ||||||
12 | permanent injury or death
of a patient.
| ||||||
13 | (20) Employment of fraud, deception or any unlawful | ||||||
14 | means in applying for
or securing a license as a physician | ||||||
15 | assistant.
| ||||||
16 | (21) Exceeding the authority delegated to him or her by | ||||||
17 | his or her
supervising physician in guidelines established | ||||||
18 | by the physician/physician
assistant
team.
| ||||||
19 | (22) Immoral conduct in the commission of any act, such | ||||||
20 | as sexual abuse,
sexual misconduct or sexual exploitation | ||||||
21 | related to the licensee's practice.
| ||||||
22 | (23) Violation of the Health Care Worker Self-Referral | ||||||
23 | Act.
| ||||||
24 | (24) Practicing under a false or assumed name, except | ||||||
25 | as provided by law.
| ||||||
26 | (25) Making a false or misleading statement regarding |
| |||||||
| |||||||
1 | his or her skill or
the efficacy or value of the medicine, | ||||||
2 | treatment, or remedy prescribed by him
or her in the course | ||||||
3 | of treatment.
| ||||||
4 | (26) Allowing another person to use his or her license | ||||||
5 | to practice.
| ||||||
6 | (27) Prescribing, selling, administering, | ||||||
7 | distributing, giving, or
self-administering a drug | ||||||
8 | classified as a controlled substance (designated
product) | ||||||
9 | or narcotic for other than medically-accepted therapeutic | ||||||
10 | purposes.
| ||||||
11 | (28) Promotion of the sale of drugs, devices, | ||||||
12 | appliances, or goods
provided for a patient in a manner to | ||||||
13 | exploit the patient for financial gain.
| ||||||
14 | (29) A pattern of practice or other behavior that | ||||||
15 | demonstrates incapacity
or incompetence to practice under | ||||||
16 | this Act.
| ||||||
17 | (30) Violating State or federal laws or regulations | ||||||
18 | relating to controlled
substances or other legend drugs .
| ||||||
19 | (31) Exceeding the limited prescriptive authority | ||||||
20 | delegated by the
supervising physician or violating the | ||||||
21 | written guidelines delegating that
authority.
| ||||||
22 | (32) Practicing without providing to the Department a | ||||||
23 | notice of
supervision or delegation of
prescriptive | ||||||
24 | authority.
| ||||||
25 | (b) The Department may , without a hearing, refuse to issue | ||||||
26 | or renew or may suspend the license of any
person who fails to |
| |||||||
| |||||||
1 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
2 | a filed return, or to pay any final assessment of the tax,
| ||||||
3 | penalty, or interest as required by any tax Act administered by | ||||||
4 | the
Illinois Department of Revenue, until such time as the | ||||||
5 | requirements of any
such tax Act are satisfied.
| ||||||
6 | (c) The determination by a circuit court that a licensee is | ||||||
7 | subject to
involuntary admission or judicial admission as | ||||||
8 | provided in the Mental Health
and Developmental Disabilities | ||||||
9 | Code operates as an automatic suspension.
The
suspension will | ||||||
10 | end only upon a finding by a court that the patient is no
| ||||||
11 | longer subject to involuntary admission or judicial admission | ||||||
12 | and issues an
order so finding and discharging the patient, and | ||||||
13 | upon the
recommendation of
the Disciplinary Board to the | ||||||
14 | Secretary
Director that the licensee be allowed to resume
his | ||||||
15 | or her practice.
| ||||||
16 | (d) In enforcing this Section, the Department upon a | ||||||
17 | showing of a
possible
violation may compel an individual | ||||||
18 | licensed to practice under this Act, or
who has applied for | ||||||
19 | licensure under this Act, to submit
to a mental or physical | ||||||
20 | examination, or both, as required by and at the expense
of the | ||||||
21 | Department. The Department may order the examining physician to
| ||||||
22 | present
testimony concerning the mental or physical | ||||||
23 | examination of the licensee or
applicant. No information shall | ||||||
24 | be excluded by reason of any common law or
statutory privilege | ||||||
25 | relating to communications between the licensee or
applicant | ||||||
26 | and the examining physician. The examining
physicians
shall be |
| |||||||
| |||||||
1 | specifically designated by the Department.
The individual to be | ||||||
2 | examined may have, at his or her own expense, another
physician | ||||||
3 | of his or her choice present during all
aspects of this | ||||||
4 | examination. Failure of an individual to submit to a mental
or
| ||||||
5 | physical examination, when directed, shall be grounds for | ||||||
6 | suspension of his or
her
license until the individual submits | ||||||
7 | to the examination if the Department
finds,
after notice and | ||||||
8 | hearing, that the refusal to submit to the examination was
| ||||||
9 | without reasonable cause.
| ||||||
10 | If the Department finds an individual unable to practice | ||||||
11 | because of
the
reasons
set forth in this Section, the | ||||||
12 | Department may require that individual
to submit
to
care, | ||||||
13 | counseling, or treatment by physicians approved
or designated | ||||||
14 | by the Department, as a condition, term, or restriction
for | ||||||
15 | continued,
reinstated, or
renewed licensure to practice; or, in | ||||||
16 | lieu of care, counseling, or treatment,
the Department may file
| ||||||
17 | a complaint to immediately
suspend, revoke, or otherwise | ||||||
18 | discipline the license of the individual.
An individual whose
| ||||||
19 | license was granted, continued, reinstated, renewed, | ||||||
20 | disciplined, or supervised
subject to such terms, conditions, | ||||||
21 | or restrictions, and who fails to comply
with
such terms, | ||||||
22 | conditions, or restrictions, shall be referred to the Secretary
| ||||||
23 | Director for
a
determination as to whether the individual shall | ||||||
24 | have his or her license
suspended immediately, pending a | ||||||
25 | hearing by the Department.
| ||||||
26 | In instances in which the Secretary
Director immediately |
| |||||||
| |||||||
1 | suspends a person's license
under this Section, a hearing on | ||||||
2 | that person's license must be convened by
the Department within | ||||||
3 | 30
15 days after the suspension and completed without
| ||||||
4 | appreciable
delay.
The Department shall have the authority to | ||||||
5 | review the subject
individual's record of
treatment and | ||||||
6 | counseling regarding the impairment to the extent permitted by
| ||||||
7 | applicable federal statutes and regulations safeguarding the | ||||||
8 | confidentiality of
medical records.
| ||||||
9 | An individual licensed under this Act and affected under | ||||||
10 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
11 | the Department that he or
she can resume
practice in compliance | ||||||
12 | with acceptable and prevailing standards under the
provisions | ||||||
13 | of his or her license.
| ||||||
14 | (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
| ||||||
15 | 90-655, eff. 7-30-98.)
| ||||||
16 | (225 ILCS 95/22) (from Ch. 111, par. 4622)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 22. Returned checks; fines. Any person who delivers a | ||||||
19 | check or other payment to the Department that
is returned to | ||||||
20 | the Department unpaid by the financial institution upon
which | ||||||
21 | it is drawn shall pay to the Department, in addition to the | ||||||
22 | amount
already owed to the Department, a fine of $50. The fines | ||||||
23 | imposed by this Section are in addition
to any other discipline | ||||||
24 | provided under this Act for unlicensed
practice or practice on | ||||||
25 | a nonrenewed license. The Department shall notify
the person |
| |||||||
| |||||||
1 | that payment of fees and fines shall be paid to the Department
| ||||||
2 | by certified check or money order within 30 calendar days of | ||||||
3 | the
notification. If, after the expiration of 30 days from the | ||||||
4 | date of the
notification, the person has failed to submit the | ||||||
5 | necessary remittance, the
Department shall automatically | ||||||
6 | terminate the license or certificate or deny
the application, | ||||||
7 | without hearing. If, after termination or denial, the
person | ||||||
8 | seeks a license or certificate, he or she shall apply to the
| ||||||
9 | Department for restoration or issuance of the license or | ||||||
10 | certificate and
pay all fees and fines due to the Department. | ||||||
11 | The Department may establish
a fee for the processing of an | ||||||
12 | application for restoration of a license or
certificate to pay | ||||||
13 | all expenses of processing this application. The Secretary
| ||||||
14 | Director
may waive the fines due under this Section in | ||||||
15 | individual cases where the Secretary
Director finds that the | ||||||
16 | fines would be unreasonable or unnecessarily
burdensome.
| ||||||
17 | (Source: P.A. 92-146, eff. 1-1-02.)
| ||||||
18 | (225 ILCS 95/22.1) (from Ch. 111, par. 4622.1)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
20 | Sec. 22.1. Injunction.
| ||||||
21 | (a) If any person violates the provision of this Act, the | ||||||
22 | Secretary
Director may, in the name of the People of the State | ||||||
23 | of Illinois, through
the Attorney General of the State of | ||||||
24 | Illinois, or the State's Attorney of
any county in which the | ||||||
25 | action is brought, petition for an order enjoining
the |
| |||||||
| |||||||
1 | violation or for an order enforcing compliance with this Act.
| ||||||
2 | Upon
the filing of a verified petition in court, the court may | ||||||
3 | issue a temporary
restraining order, without notice or bond, | ||||||
4 | and may preliminarily and
permanently enjoin such violation, | ||||||
5 | and if it is established that such
person has violated or is | ||||||
6 | violating the injunction, the Court may punish
the offender for | ||||||
7 | contempt of court. Proceedings under this Section shall
be in | ||||||
8 | addition to, and not in lieu of, all other remedies and | ||||||
9 | penalties
provided by this Act.
| ||||||
10 | (b) If any person shall practice as a physician assistant | ||||||
11 | or hold
himself or herself out as a physician assistant without | ||||||
12 | being licensed
under the
provisions of this Act, then any | ||||||
13 | licensed physician assistant, any
interested party or any | ||||||
14 | person injured thereby may, in addition to the Secretary
| ||||||
15 | Director , petition for relief as provided in subsection (a) of | ||||||
16 | this Section.
| ||||||
17 | (c) Whenever in the opinion of the Department any person | ||||||
18 | violates any
provision of this Act, the Department may issue a | ||||||
19 | rule to show cause why an
order to cease and desist should not | ||||||
20 | be entered against him. The rule
shall clearly set forth the | ||||||
21 | grounds relied upon by the Department and shall
provide a | ||||||
22 | period of 7 days from the date of the rule to file an answer to
| ||||||
23 | the satisfaction of the Department. Failure to answer to the | ||||||
24 | satisfaction
of the Department shall cause an order to cease | ||||||
25 | and desist to be issued
forthwith.
| ||||||
26 | (Source: P.A. 90-61, eff. 12-30-97.)
|
| |||||||
| |||||||
1 | (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 22.2. Investigation; notice; hearing. The Department | ||||||
4 | may investigate
the actions of any applicant
or of any person | ||||||
5 | or persons holding or claiming to hold a license. The
| ||||||
6 | Department shall, before suspending, revoking, placing on | ||||||
7 | probationary
status, or taking any other disciplinary action as | ||||||
8 | the Department may deem
proper with regard to any license, at | ||||||
9 | least 30 days prior to
the date set for the hearing, notify the | ||||||
10 | applicant or licensee
in writing of any charges
made and the | ||||||
11 | time and place for a hearing of the charges before the
| ||||||
12 | Disciplinary Board, direct him or her to file his or her | ||||||
13 | written answer
thereto to the
Disciplinary Board under oath | ||||||
14 | within 20 days after the service on him or
her of
such notice | ||||||
15 | and inform him or her that if he or she fails to file such
| ||||||
16 | answer default
will be taken against him or her and his or her
| ||||||
17 | license may be suspended, revoked, placed on probationary
| ||||||
18 | status, or have other disciplinary action, including limiting | ||||||
19 | the scope,
nature or extent of his or her practice, as the | ||||||
20 | Department may deem proper
taken
with regard thereto. Written
| ||||||
21 | Such written notice may be served by personal
delivery or | ||||||
22 | certified or registered mail at the last address of his or her
| ||||||
23 | last
notification to the applicant or licensee at his or her | ||||||
24 | last address of record with the Department. At the time and | ||||||
25 | place fixed in the notice,
the Department shall proceed to hear |
| |||||||
| |||||||
1 | the charges and the parties or their
counsel shall be accorded | ||||||
2 | ample opportunity to present such statements,
testimony, | ||||||
3 | evidence, and argument as may be pertinent to the charges or to
| ||||||
4 | the defense thereto. The Department may continue such hearing | ||||||
5 | from time to
time. In case the applicant or licensee, after | ||||||
6 | receiving
notice, fails to file an
answer, his or her license | ||||||
7 | may in the discretion of the Secretary
Director ,
having | ||||||
8 | received first the recommendation of the Disciplinary Board, be
| ||||||
9 | suspended, revoked, placed on probationary status, or the | ||||||
10 | Secretary
Director may take
whatever disciplinary action as he | ||||||
11 | or she may deem proper, including
limiting the
scope, nature, | ||||||
12 | or extent of such person's practice, without a hearing, if
the | ||||||
13 | act or acts charged constitute sufficient grounds for such | ||||||
14 | action
under this Act.
| ||||||
15 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
16 | (225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 22.5. Subpoena power; oaths. The Department shall have | ||||||
19 | power to
subpoena and bring
before it any person and to take | ||||||
20 | testimony either orally or
by deposition or both, with the same | ||||||
21 | fees and mileage and in the same
manner as prescribed by law in | ||||||
22 | judicial proceedings in civil cases in
circuit courts of this | ||||||
23 | State.
| ||||||
24 | The Secretary
Director , the designated hearing officer, | ||||||
25 | and any member of the
Disciplinary Board designated by the |
| |||||||
| |||||||
1 | Secretary
Director shall each have power to administer oaths to | ||||||
2 | witnesses at any
hearing which the Department is authorized to | ||||||
3 | conduct under this Act and
any other oaths required or | ||||||
4 | authorized to be administered by the
Department under this Act.
| ||||||
5 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
6 | (225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
8 | Sec. 22.6. At the conclusion of the hearing the | ||||||
9 | Disciplinary Board shall
present to the Secretary
Director a | ||||||
10 | written report of its findings of fact,
conclusions of law and | ||||||
11 | recommendations. The report shall contain a finding
whether or | ||||||
12 | not the accused person violated this Act or failed to comply
| ||||||
13 | with the conditions required in this Act. The Disciplinary | ||||||
14 | Board shall
specify the nature of the violation or failure to | ||||||
15 | comply, and shall make
its recommendations to the Secretary
| ||||||
16 | Director .
| ||||||
17 | The report of findings of fact, conclusions of law and | ||||||
18 | recommendation of
the Disciplinary Board shall be the basis for | ||||||
19 | the Department's order or
refusal or for the granting of a | ||||||
20 | license or permit. If the Secretary
Director
disagrees in any | ||||||
21 | regard with the report of the Disciplinary Board, the Secretary
| ||||||
22 | Director may issue an order in contravention thereof. The | ||||||
23 | Secretary
Director shall
provide a written report to the | ||||||
24 | Disciplinary Board on any deviation, and
shall specify with | ||||||
25 | particularity the reasons
for such action in the final order. |
| |||||||
| |||||||
1 | The finding is not admissible in
evidence against the person in | ||||||
2 | a criminal prosecution brought for the
violation of this Act, | ||||||
3 | but the hearing and finding are not a bar to a
criminal | ||||||
4 | prosecution brought for the violation of this Act.
| ||||||
5 | (Source: P.A. 85-981.)
| ||||||
6 | (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
8 | Sec. 22.7. Hearing officer. Notwithstanding the provisions | ||||||
9 | of Section
22.2 of this
Act, the Secretary
Director shall have | ||||||
10 | the authority to appoint any attorney duly
licensed to practice | ||||||
11 | law in the State of Illinois to serve as the hearing
officer in | ||||||
12 | any action for refusal to issue or renew, or for
discipline of, | ||||||
13 | a license. The Secretary
Director shall notify the Disciplinary | ||||||
14 | Board of
any
such
appointment. The hearing officer shall have | ||||||
15 | full authority to conduct the
hearing. The hearing officer | ||||||
16 | shall report his or her findings of fact,
conclusions of law, | ||||||
17 | and recommendations to the Disciplinary Board and the Secretary
| ||||||
18 | Director . The Disciplinary Board shall have 60 days from | ||||||
19 | receipt of the
report to review the report of the hearing | ||||||
20 | officer and present their
findings of fact, conclusions of law, | ||||||
21 | and recommendations to the Secretary
Director .
If the | ||||||
22 | Disciplinary Board fails to present its report within the 60 | ||||||
23 | day
period, the respondent may request in writing a direct | ||||||
24 | appeal to the Secretary, in which case the Secretary shall, | ||||||
25 | within 7 calendar days after the request, issue an order |
| |||||||
| |||||||
1 | directing the Disciplinary Board to issue its findings of fact, | ||||||
2 | conclusions of law, and recommendations to the Secretary within | ||||||
3 | 30 calendar days after such order. If the Disciplinary Board | ||||||
4 | fails to issue its findings of fact, conclusions of law, and | ||||||
5 | recommendations within that time frame to the Secretary after | ||||||
6 | the entry of such order, the Secretary shall, within 30 | ||||||
7 | calendar days thereafter, issue an order based upon the report | ||||||
8 | of the hearing officer and the record of the proceedings or | ||||||
9 | issue an order remanding the matter back to the hearing officer | ||||||
10 | for additional proceedings in accordance with the order. If (i) | ||||||
11 | a direct appeal is requested, (ii) the Disciplinary Board fails | ||||||
12 | to issue its findings of fact, conclusions of law, and | ||||||
13 | recommendations within the 30-day mandate from the Secretary or | ||||||
14 | the Secretary fails to order the Disciplinary Board to do so, | ||||||
15 | and (iii) the Secretary fails to issue an order within 30 | ||||||
16 | calendar days thereafter, then the hearing officer's report is | ||||||
17 | deemed accepted and a final decision of the Secretary. | ||||||
18 | Notwithstanding any other provision of this Section, if the | ||||||
19 | Secretary, upon review, determines that substantial justice | ||||||
20 | has not been done in the revocation, suspension, or refusal to | ||||||
21 | issue or renew a license or other disciplinary action taken as | ||||||
22 | the result of the entry of the hearing officer's report, the | ||||||
23 | Secretary may order a rehearing by the same or other examiners
| ||||||
24 | the
Director shall issue an order based on the report of the
| ||||||
25 | hearing officer . If the Secretary
Director disagrees in any | ||||||
26 | regard with the report
of the Disciplinary Board or hearing |
| |||||||
| |||||||
1 | officer, he or she may issue an order
in
contravention thereof. | ||||||
2 | The Secretary
Director shall provide a written explanation to
| ||||||
3 | the Disciplinary Board on any such deviation, and shall specify | ||||||
4 | with
particularity the reasons for such action in the final | ||||||
5 | order.
| ||||||
6 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
7 | (225 ILCS 95/22.8) (from Ch. 111, par. 4622.8)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 22.8. In any case involving the refusal to issue, | ||||||
10 | renew or discipline
of a license, a copy of the Disciplinary | ||||||
11 | Board's report shall be served upon
the respondent by the | ||||||
12 | Department, either personally or as provided in this
Act for | ||||||
13 | the service of the notice of hearing. Within 20 days after such
| ||||||
14 | service, the respondent may present to the Department a motion | ||||||
15 | in writing
for a rehearing, which motion shall specify the | ||||||
16 | particular grounds therefor.
If no motion for rehearing is | ||||||
17 | filed, then upon the expiration of the time
specified for | ||||||
18 | filing such a motion, or if a motion for rehearing is denied,
| ||||||
19 | then upon such denial the Secretary
Director may enter an order | ||||||
20 | in accordance with
recommendations of the Disciplinary Board | ||||||
21 | except as provided in
Section 22.6 or 22.7 of this Act. If the | ||||||
22 | respondent shall order from the
reporting service, and pay for | ||||||
23 | a transcript of the record within the time
for filing a motion | ||||||
24 | for rehearing, the 20 day period within which such a
motion may | ||||||
25 | be filed shall commence upon the delivery of the transcript to
|
| |||||||
| |||||||
1 | the respondent.
| ||||||
2 | (Source: P.A. 85-981.)
| ||||||
3 | (225 ILCS 95/22.9) (from Ch. 111, par. 4622.9)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
5 | Sec. 22.9. Whenever the Secretary
Director is satisfied | ||||||
6 | that substantial
justice has not been done in the revocation, | ||||||
7 | suspension or refusal to issue
or renew a license, the | ||||||
8 | Secretary
Director may order a rehearing by the same or
another | ||||||
9 | hearing officer or Disciplinary Board.
| ||||||
10 | (Source: P.A. 85-981.)
| ||||||
11 | (225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
13 | Sec. 22.10. Order or certified copy; prima facie proof. An | ||||||
14 | order or a
certified copy thereof, over the seal of the | ||||||
15 | Department and purporting to be
signed by the Secretary
| ||||||
16 | Director , shall be prima facie proof that:
| ||||||
17 | (a) the signature is the genuine signature of the | ||||||
18 | Secretary
Director ;
| ||||||
19 | (b) the Secretary
Director is duly appointed and | ||||||
20 | qualified;
and
| ||||||
21 | (c) the Disciplinary Board and the members thereof are | ||||||
22 | qualified
to act.
| ||||||
23 | (Source: P.A. 91-357, eff. 7-29-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 95/22.13) (from Ch. 111, par. 4622.13)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 22.13. The Secretary
Director may temporarily suspend | ||||||
4 | the license
of a physician assistant without a hearing, | ||||||
5 | simultaneously with
the institution of proceedings for a | ||||||
6 | hearing provided for in
Section 22.2 of this Act, if the | ||||||
7 | Secretary
Director finds that evidence
in his possession | ||||||
8 | indicates that continuation in practice would
constitute an | ||||||
9 | imminent danger to the public. In the event that
the Secretary
| ||||||
10 | Director suspends, temporarily, this license without a | ||||||
11 | hearing,
a hearing by the Department must be held within 30 | ||||||
12 | days after such
suspension has occurred, and concluded without | ||||||
13 | appreciable delay.
| ||||||
14 | (Source: P.A. 85-981.)
| ||||||
15 | (225 ILCS 51/40 rep.)
| ||||||
16 | (225 ILCS 51/175 rep.)
| ||||||
17 | Section 30. The Home Medical Equipment and Services | ||||||
18 | Provider License Act is amended by repealing Sections 40 and | ||||||
19 | 175.
| ||||||
20 | (225 ILCS 70/27 rep.)
| ||||||
21 | (225 ILCS 70/30 rep.)
| ||||||
22 | Section 35. The Nursing Home Administrators Licensing and | ||||||
23 | Disciplinary Act is amended by repealing Sections 27 and 30.
|
| |||||||
| |||||||
1 | (225 ILCS 95/14 rep.)
| ||||||
2 | Section 40. The Physician Assistant Practice Act of 1987 is | ||||||
3 | amended by repealing Section 14.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|