Sen. Terry Link
Filed: 5/22/2008
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1 | AMENDMENT TO HOUSE BILL 4249
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2 | AMENDMENT NO. ______. Amend House Bill 4249 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Section 4.18 and by adding Section 4.29 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 Acts repealed January 1, 2008 and December 31, | ||||||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.
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9 | (a) The following Acts
are repealed on January 1, 2008:
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10 | The Structural Pest Control Act.
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11 | (b) The following Acts are repealed on December 31, 2008: | ||||||
12 | The Medical Practice Act of 1987. | ||||||
13 | The Environmental Health Practitioner Licensing Act.
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14 | (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | ||||||
15 | 94-1085, eff. 1-19-07; 95-187, eff. 8-16-07; 95-235, eff. | ||||||
16 | 8-17-07; 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-639, |
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1 | eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, eff. 10-29-07; | ||||||
2 | 95-703, eff. 12-31-07; revised 1-7-08.)
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3 | (5 ILCS 80/4.29 new) | ||||||
4 | Sec. 4.29. Act repealed on January 1, 2019. The following | ||||||
5 | Act is repealed on January 1, 2019: | ||||||
6 | The Environmental Health Practitioner Licensing Act. | ||||||
7 | Section 10. The Environmental Health Practitioner | ||||||
8 | Licensing Act is amended by changing Sections 5, 10, 17, 18, | ||||||
9 | 19, 20, 21, 22, 26, 27, 29, 31, 35, 56, 60, 65, 75, 80, 85, 90, | ||||||
10 | 95, 100, and 115 as follows:
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11 | (225 ILCS 37/5)
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12 | (Section scheduled to be repealed on December 31, 2008)
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13 | Sec. 5. Legislative intent. In adopting this Act, it is | ||||||
14 | recognized
that the field of environmental health is a dynamic | ||||||
15 | field that is
continually evolving into new and complex areas | ||||||
16 | of concern. It is the
legislative intent of this Act to | ||||||
17 | recognize the occasional existence of
overlapping functions | ||||||
18 | with engineers, industrial hygienists, veterinarians,
and | ||||||
19 | other professions licensed to carry out specific activities | ||||||
20 | that may touch
on
some aspects of the field of environmental | ||||||
21 | health. It is not the intent of
this Act to require licensure | ||||||
22 | registration of these individuals, nor is it the intent
that | ||||||
23 | the licensure registration of any person under this Act would |
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1 | allow that person
to perform functions or engage in activities | ||||||
2 | that would include the practice
of engineering. It is the sole | ||||||
3 | purpose and intent of this Act to safeguard the
health, safety, | ||||||
4 | and general welfare of the public from adverse environmental
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5 | factors and to license those environmental health
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6 | professionals who have
completed approved environmental health | ||||||
7 | or science curricula, are qualified to
work in the field of | ||||||
8 | environmental health, within the scope of practice as
defined | ||||||
9 | in this Act, and not to restrict nor interfere with interstate
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10 | commerce.
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11 | (Source: P.A. 89-61, eff. 6-30-95; 90-44, eff. 7-3-97 .)
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12 | (225 ILCS 37/10)
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13 | (Section scheduled to be repealed on December 31, 2008)
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14 | Sec. 10. Definitions. As used in this Act:
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15 | "Address of record" means the designated address recorded | ||||||
16 | by the Department in the applicant's or licensee's application | ||||||
17 | file or license file maintained by the Department's licensure | ||||||
18 | maintenance unit. It is the duty of the applicant or licensee | ||||||
19 | to inform the Department of any change of address and such | ||||||
20 | changes must be made either through the Department's Internet | ||||||
21 | website or by contacting the Department's licensure | ||||||
22 | maintenance unit. | ||||||
23 | "Board" means the Environmental Health Practitioners Board | ||||||
24 | as created
in this Act.
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25 | "Department" means the Department of Financial and |
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1 | Professional Regulation.
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2 | "Director" means the Director of Professional Regulation.
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3 | "Environmental health inspector" means an individual who, | ||||||
4 | in support
of and under the general supervision of a licensed | ||||||
5 | environmental health
practitioner or licensed professional | ||||||
6 | engineer, practices environmental
health and meets the | ||||||
7 | educational qualifications of an environmental health
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8 | inspector.
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9 | "Environmental health practice" is the practice of | ||||||
10 | environmental
health by licensed environmental health | ||||||
11 | practitioners within the meaning
of this Act and includes, but | ||||||
12 | is not limited to, the following areas of
professional | ||||||
13 | activities: milk and food sanitation; protection and | ||||||
14 | regulation
of private water supplies; private waste water | ||||||
15 | management; domestic solid
waste disposal practices; | ||||||
16 | institutional health and safety; and consultation
and | ||||||
17 | education in these fields.
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18 | "Environmental health practitioner in training" means a | ||||||
19 | person licensed
under this Act who meets the educational | ||||||
20 | qualifications of a licensed
environmental health practitioner | ||||||
21 | and practices environmental health in
support of and under the | ||||||
22 | general supervision of a licensed environmental
health | ||||||
23 | practitioner or licensed professional engineer, but has not | ||||||
24 | passed the
licensed environmental health practitioner | ||||||
25 | examination administered by the
Department.
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26 | "License" means the authorization issued by the Department |
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1 | permitting the
person named on the authorization to practice | ||||||
2 | environmental health as
defined in this Act.
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3 | "Licensed environmental health practitioner" is a person | ||||||
4 | who,
by virtue of education and experience in the physical, | ||||||
5 | chemical,
biological, and environmental health sciences, is | ||||||
6 | especially trained to
organize, implement, and manage | ||||||
7 | environmental health programs, trained to
carry out education | ||||||
8 | and enforcement activities for the promotion and
protection of | ||||||
9 | the public health and environment, and is licensed as an
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10 | environmental health practitioner under this Act.
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11 | "Secretary" means the Secretary of Financial and | ||||||
12 | Professional Regulation. | ||||||
13 | (Source: P.A. 92-837, eff. 8-22-02 .)
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14 | (225 ILCS 37/17)
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15 | (Section scheduled to be repealed on December 31, 2008)
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16 | Sec. 17. Powers and duties of the Department of Financial | ||||||
17 | and Professional Regulation. Subject to the provisions
of this | ||||||
18 | Act, the Department may shall exercise the following functions, | ||||||
19 | powers, and
duties:
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20 | (1) Prescribe rules defining what constitutes an
approved | ||||||
21 | school, college, or department of a university, except that no | ||||||
22 | school,
college, or department of a
university that refuses | ||||||
23 | admittance to applicants solely on
account of race, color, | ||||||
24 | creed, sex, or national origin shall be approved.
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25 | (2) Conduct hearings on proceedings to revoke, suspend, or |
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1 | refuse to issue
licenses.
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2 | (3) Promulgate rules required for the administration of | ||||||
3 | this
Act.
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4 | (Source: P.A. 91-724, eff. 6-2-00 .)
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5 | (225 ILCS 37/18)
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6 | (Section scheduled to be repealed on December 31, 2008)
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7 | Sec. 18. Board of Environmental Health Practitioners. The | ||||||
8 | Board of
Environmental Health Practitioners is created and | ||||||
9 | shall exercise its duties as
provided in this Act. The Board | ||||||
10 | shall consist of 5 members appointed
by the Secretary
Director . | ||||||
11 | Of the 5 members, 3 shall be actively licensed environmental
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12 | health practitioners, one
a Public Health Administrator who | ||||||
13 | meets the minimum qualifications for public
health personnel | ||||||
14 | employed by full time local health departments as prescribed
by | ||||||
15 | the Illinois Department of Public Health and is actively | ||||||
16 | engaged in the
administration of a local health department | ||||||
17 | within this State, and one
member
of the general public. In | ||||||
18 | making the appointments to the Board, the Secretary may | ||||||
19 | Director
shall consider the recommendations of related | ||||||
20 | professional and trade
associations including the Illinois | ||||||
21 | Environmental Health Association and the
Illinois Public | ||||||
22 | Health Association and of the Director of Public
Health. Each | ||||||
23 | of the environmental health practitioners shall have at least 5
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24 | years of full time employment in the field of environmental | ||||||
25 | health practice
before the date of appointment. Each appointee |
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1 | filling the seat of an
environmental health practitioner | ||||||
2 | appointed to the Board must be licensed under
this Act.
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3 | The membership of the Board shall reasonably reflect | ||||||
4 | representation from the
various geographic areas of the State.
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5 | A majority of the Board members currently appointed shall | ||||||
6 | constitute a quorum. A vacancy in the membership of the Board | ||||||
7 | shall not impair the right of a
quorum to exercise all the | ||||||
8 | rights and perform all the duties of the Board.
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9 | The members of the Board are entitled to receive as | ||||||
10 | compensation a reasonable
sum
as determined by the Secretary | ||||||
11 | Director for each day actually engaged in the duties of
the | ||||||
12 | office and all legitimate and necessary expenses incurred in | ||||||
13 | attending the
meetings of the Board.
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14 | Members of the Board shall be immune from suit in any | ||||||
15 | action based upon any
disciplinary proceedings or other | ||||||
16 | activities performed in good faith as members
of the Board.
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17 | The Secretary Director may remove any member of the Board | ||||||
18 | for any cause that, in the
opinion of the Secretary Director , | ||||||
19 | reasonably justifies termination. | ||||||
20 | Members shall serve for a term of 3 years and until their | ||||||
21 | successors are appointed and qualified. No Board member, after | ||||||
22 | the effective date of this amendatory Act of the 95th General | ||||||
23 | Assembly, shall be appointed to more than 2 full consecutive | ||||||
24 | terms. The initial terms created by this amendatory Act shall | ||||||
25 | count as full terms for the purposes of reappointment to the | ||||||
26 | Board. Appointments to fill vacancies for an unexpired portion |
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1 | of a vacated term shall be made in the same manner as original | ||||||
2 | appointments and shall constitute a full term. | ||||||
3 | The appointments of those Board members currently | ||||||
4 | appointed and serving on the Board shall end upon the effective | ||||||
5 | date of this amendatory Act of the 95th General Assembly. Board | ||||||
6 | members currently serving on the Board on the effective date of | ||||||
7 | this Amendatory Act, shall continue to serve until the initial | ||||||
8 | appointees are appointed and qualified.
The initial Board | ||||||
9 | members appointed after the effective date of this amendatory | ||||||
10 | Act of the 95th General Assembly, shall be appointed to the | ||||||
11 | following terms by and in the discretion of the Secretary:
(i) | ||||||
12 | one member shall be appointed for one year;
(ii) 2 members | ||||||
13 | shall be appointed to serve 2 years;
and (iii) 2 members shall | ||||||
14 | be appointed to serve 3 years. The Board members appointed to | ||||||
15 | initial terms by this amendatory Act of the 95th General | ||||||
16 | Assembly shall be appointed as soon as possible after the | ||||||
17 | effective date of this amendatory Act. Board members serving at | ||||||
18 | the effective date of this Act are eligible to be reappointed | ||||||
19 | to initial terms as described above, but nothing in this Act | ||||||
20 | requires such members to be appointed.
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21 | (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837, | ||||||
22 | eff. 8-22-02 .)
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23 | (225 ILCS 37/19)
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24 | (Section scheduled to be repealed on December 31, 2008)
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25 | Sec. 19. Requirements of approval by Board of Environmental |
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1 | Health
Practitioners. The Secretary Director may consider the | ||||||
2 | recommendations of the Board in
establishing guidelines for | ||||||
3 | professional conduct, for the conduct of formal
disciplinary | ||||||
4 | proceedings brought under this Act, and for establishing
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5 | guidelines for qualifications and examinations of applicants. | ||||||
6 | Notice of
proposed rulemaking shall be transmitted to the | ||||||
7 | Board. The Department shall
review the response of the Board | ||||||
8 | and its recommendations. The Department, at
any time, may seek | ||||||
9 | the expert advice and knowledge of the Board on any matter
| ||||||
10 | relating to the administration or enforcement of this Act.
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11 | (Source: P.A. 89-61, eff. 6-30-95 .)
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12 | (225 ILCS 37/20)
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13 | (Section scheduled to be repealed on December 31, 2008)
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14 | Sec. 20. Qualifications for licensure registration as an | ||||||
15 | environmental health
practitioner.
A person is qualified to be | ||||||
16 | licensed as an environmental
health practitioner if that | ||||||
17 | person:
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18 | (1) Has applied in writing on the prescribed forms, has | ||||||
19 | paid the
required fee, and holds one of the following:
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20 | (A) A Bachelor's Degree in environmental health | ||||||
21 | science from
a college or university approved by the | ||||||
22 | National Environmental Health
Association | ||||||
23 | Accreditation Council for environmental health | ||||||
24 | curricula or its
equivalent as approved by the | ||||||
25 | Department.
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1 | (B) A Bachelor's Degree from an accredited college | ||||||
2 | or university
which included a minimum of 30 semester | ||||||
3 | hours or equivalent of
basic sciences acceptable to the | ||||||
4 | Department and 12 months of full time
experience.
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5 | (C) A Master's Degree in public health or | ||||||
6 | environmental health
science from an accredited | ||||||
7 | college or university if the applicant has completed
a | ||||||
8 | minimum of 30 semester or equivalent hours of basic | ||||||
9 | science acceptable to the
Department.
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10 | (2) Passes an examination authorized by the | ||||||
11 | Department. The examination
shall be of a character to give | ||||||
12 | a fair test of the qualifications of the
applicant to | ||||||
13 | practice as an environmental health practitioner.
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14 | (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97 .)
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15 | (225 ILCS 37/21)
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16 | (Section scheduled to be repealed on December 31, 2008)
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17 | Sec. 21. Grandfather provision. A person who, on the | ||||||
18 | effective date of this
amendatory Act of the 92nd General | ||||||
19 | Assembly, was certified by his
or her employer as serving as a | ||||||
20 | sanitarian or environmental health practitioner
in | ||||||
21 | environmental health practice in this State may be issued a | ||||||
22 | license as an
environmental health practitioner in training | ||||||
23 | upon
filing an application by July 1, 2003 and paying the | ||||||
24 | required fees. | ||||||
25 | An environmental health practitioner in training license |
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1 | issued under this Section and in an active status on the | ||||||
2 | effective date of this amendatory Act of the 95th General | ||||||
3 | Assembly may be renewed, so long as the licensee continues to | ||||||
4 | practice environmental health and does not allow his or her | ||||||
5 | license to lapse or expire.
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6 | (Source: P.A. 92-837, eff. 8-22-02 .)
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7 | (225 ILCS 37/22)
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8 | (Section scheduled to be repealed on December 31, 2008)
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9 | Sec. 22. Environmental health practitioner in training.
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10 | (a) Any person who meets the educational qualifications | ||||||
11 | specified in
Section 20, but does not meet the experience | ||||||
12 | requirement specified in that Section, may
make application to | ||||||
13 | the
Department on a form prescribed by the Department for | ||||||
14 | licensure as an
environmental health
practitioner in training. | ||||||
15 | The Department shall license that person as an
environmental | ||||||
16 | health
practitioner in training upon payment of the fee | ||||||
17 | required by this Act.
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18 | (b) An environmental health practitioner in training | ||||||
19 | licensed under this Section shall apply for
licensure as an
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20 | environmental health practitioner within 3 years of his or her | ||||||
21 | licensure as an
environmental
health practitioner in training.
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22 | The license may be renewed or extended as defined by rule of | ||||||
23 | the Department.
The Board may recommend to extend the licensure | ||||||
24 | of any
environmental health
practitioner in training licensed | ||||||
25 | under this Section who furnishes, in writing, sufficient cause |
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1 | for not
applying for
examination as an environmental health | ||||||
2 | practitioner within the 3-year period.
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3 | (c) An environmental health practitioner in training | ||||||
4 | licensed under this Section may engage in the
practice of
| ||||||
5 | environmental health for a period not to exceed 6 years | ||||||
6 | provided that he or she
is supervised by a licensed | ||||||
7 | professional engineer or a
licensed environmental health | ||||||
8 | practitioner as prescribed in this Act. | ||||||
9 | (d) This Section does not apply to environmental health | ||||||
10 | practitioners in training licensed under Section 21 of this | ||||||
11 | Act.
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12 | (Source: P.A. 92-837, eff. 8-22-02; revised 1-16-07.)
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13 | (225 ILCS 37/26)
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14 | (Section scheduled to be repealed on December 31, 2008)
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15 | Sec. 26. Examination for licensure registration as an | ||||||
16 | environmental health
practitioner.
| ||||||
17 | (a) Beginning on the effective date of this amendatory Act | ||||||
18 | of the 92nd
General Assembly, only
persons who meet the | ||||||
19 | educational and experience requirements of Section
20 and who | ||||||
20 | pass the examination authorized by the Department
shall be | ||||||
21 | licensed as environmental health practitioners.
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22 | (b) Applicants for examination as environmental health | ||||||
23 | practitioners
shall be required to pay, either to the | ||||||
24 | Department or the designated testing
service, a fee covering | ||||||
25 | the cost of providing the examination.
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1 | (Source: P.A. 92-837, eff. 8-22-02 .)
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2 | (225 ILCS 37/27)
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3 | (Section scheduled to be repealed on December 31, 2008)
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4 | Sec. 27. Renewals; restoration.
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5 | (a) The expiration date and renewal period for each license | ||||||
6 | issued under
this Act shall be set by rule. As a condition for | ||||||
7 | renewal of a license, the
licensee shall be required to | ||||||
8 | complete continuing education requirements as
set forth in | ||||||
9 | rules by the Department. Licensees who are 70 years of age
or | ||||||
10 | older and have been licensed under this Act for at least 4 | ||||||
11 | years shall be
exempt from the continuing education | ||||||
12 | requirements.
| ||||||
13 | (b) A person who has permitted a license to expire may have | ||||||
14 | the license
restored by making application to the Department | ||||||
15 | and filing proof, acceptable
to the Department, of fitness to | ||||||
16 | have the license restored. Proof may include
(i) sworn evidence | ||||||
17 | certifying to active practice in another jurisdiction that
is | ||||||
18 | satisfactory to the Department, (ii) complying with any | ||||||
19 | continuing education
requirements, and (iii) paying the | ||||||
20 | required restoration fee.
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21 | (c) If the person has not maintained an active practice in | ||||||
22 | another
jurisdiction satisfactory to the Department, the Board | ||||||
23 | shall determine, by an
evaluation program, established by rule, | ||||||
24 | the person's fitness to resume active
status. The Board may | ||||||
25 | require the person to complete a period of evaluated
clinical |
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1 | experience and successful completion of a practical | ||||||
2 | examination.
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3 | However, a person whose license expired while (i) in | ||||||
4 | federal service on
active duty with the Armed Forces of the | ||||||
5 | United States or called into service
or training with the State | ||||||
6 | Militia or (ii) in training or education under the
supervision | ||||||
7 | of the United States, preliminary to induction into the | ||||||
8 | military
service may have his or her license renewed or | ||||||
9 | restored without paying any
lapsed renewal fees if, within 2 | ||||||
10 | years after honorable termination of the
service, training, or | ||||||
11 | education, except under conditions other than honorable,
he or | ||||||
12 | she furnishes the Department with satisfactory evidence to the | ||||||
13 | effect
that he or she has been so engaged and that the service, | ||||||
14 | training, or education
has been terminated.
| ||||||
15 | (d) A person who notifies the Department, in writing on | ||||||
16 | forms prescribed
by the Department, may place his or her | ||||||
17 | license on inactive status and shall be
excused from the | ||||||
18 | payment of renewal fees until the person notifies the
| ||||||
19 | Department, in writing, of the intention to resume active | ||||||
20 | practice.
| ||||||
21 | (e) A person requesting his or her license be changed from | ||||||
22 | inactive to
active status shall be required to pay the current | ||||||
23 | renewal fee and shall also
demonstrate compliance with the | ||||||
24 | continuing education requirements.
| ||||||
25 | (f) An environmental health practitioner whose license is | ||||||
26 | not renewed
or whose license is on
inactive status shall not |
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1 | engage in the practice of environmental health in the
State of | ||||||
2 | Illinois or use the title or advertise that he or she performs | ||||||
3 | the
services of a "licensed environmental health | ||||||
4 | practitioner".
| ||||||
5 | (g) A person violating subsection (f) of this Section shall | ||||||
6 | be considered
to be practicing without a license and shall be | ||||||
7 | subject to the disciplinary
provisions of this Act.
| ||||||
8 | (h) A license to practice shall not be denied any applicant | ||||||
9 | because of the
applicant's race, religion, creed, national | ||||||
10 | origin, political beliefs or
activities, age, sex, sexual | ||||||
11 | orientation, or physical impairment that does not affect a | ||||||
12 | person's ability to practice with reasonable judgement, skill, | ||||||
13 | or safety impairment .
| ||||||
14 | (Source: P.A. 91-724, eff. 6-2-00 .)
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15 | (225 ILCS 37/29)
| ||||||
16 | (Section scheduled to be repealed on December 31, 2008)
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17 | Sec. 29. Deposit of fees and fines; appropriations. All | ||||||
18 | fees and
fines collected under this Act shall be deposited into | ||||||
19 | the General Professions
Dedicated Fund. All moneys in the Fund | ||||||
20 | shall be used by the Department of
Financial and Professional | ||||||
21 | Regulation, as appropriated, for the ordinary and contingent
| ||||||
22 | expenses of the Department.
| ||||||
23 | (Source: P.A. 89-61, eff. 6-30-95 .)
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24 | (225 ILCS 37/31)
|
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| |||||||
1 | (Section scheduled to be repealed on December 31, 2008)
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2 | Sec. 31. Checks or orders dishonored. A person who issues | ||||||
3 | or delivers a
check or other order to the Department that is | ||||||
4 | returned to the Department
unpaid by the financial institution | ||||||
5 | upon which it is drawn shall pay to the
Department, in addition | ||||||
6 | to the amount already owed to the Department, a fine of
$50. | ||||||
7 | The fines
imposed by this Section are in addition to any other | ||||||
8 | discipline provided under
this Act prohibiting unlicensed | ||||||
9 | practice or practice on a nonrenewed license.
The Department | ||||||
10 | shall notify the person that payment of fees and fines shall be
| ||||||
11 | paid to the Department by certified check or money order within | ||||||
12 | 30 calendar
days after notification. If, after the expiration | ||||||
13 | of 30 days from the date of
the notification, the person fails | ||||||
14 | to submit the necessary remittance,
the Department shall | ||||||
15 | automatically terminate the license or certification or
deny | ||||||
16 | the application, without hearing. If, after termination or | ||||||
17 | denial, the
person seeks a license or certificate, he or she | ||||||
18 | shall apply to the Department
for restoration or issuance of a | ||||||
19 | license or certificate 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 costs and
expenses of processing of this application. | ||||||
23 | The Secretary Director may waive the fines
due under this | ||||||
24 | Section in individual cases where the Secretary Director finds | ||||||
25 | that the
fines would be unnecessarily burdensome.
| ||||||
26 | (Source: P.A. 92-146, eff. 1-1-02 .)
|
| |||||||
| |||||||
1 | (225 ILCS 37/35)
| ||||||
2 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
3 | Sec. 35. Grounds for discipline.
| ||||||
4 | (a) The Department may refuse to issue or renew, or may | ||||||
5 | revoke, suspend,
place on probation, reprimand, or take other | ||||||
6 | disciplinary or non-disciplinary action with regard to
any | ||||||
7 | license issued under this Act as the Department may consider | ||||||
8 | proper,
including the imposition of fines not to exceed $5,000 | ||||||
9 | for each violation, for
any one or combination of the following | ||||||
10 | causes:
| ||||||
11 | (1) Material misstatement in furnishing information to | ||||||
12 | the Department.
| ||||||
13 | (2) Violations of this Act or its rules.
| ||||||
14 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
15 | contendere to any crime that is a any felony under the laws | ||||||
16 | of the United States or any state or territory thereof, | ||||||
17 | whether related to the practice of the profession or not, | ||||||
18 | or conviction or entry of a plea of guilty or nolo | ||||||
19 | contendere to any crime, any U.S. jurisdiction, any
| ||||||
20 | misdemeanor an essential element of which is dishonesty, | ||||||
21 | wanton disregard for the rights of others, or any crime | ||||||
22 | that is
directly related to the practice of the profession.
| ||||||
23 | (4) Making any misrepresentation for the purpose of | ||||||
24 | obtaining licensure a
certificate of registration .
| ||||||
25 | (5) Professional incompetence.
|
| |||||||
| |||||||
1 | (6) Aiding or assisting another person in violating any | ||||||
2 | provision of this
Act or its rules.
| ||||||
3 | (7) Failing to provide information within 30 60 days in | ||||||
4 | response to a written
request made by the Department.
| ||||||
5 | (8) Engaging in dishonorable, unethical, or | ||||||
6 | unprofessional conduct of a
character likely to deceive, | ||||||
7 | defraud, or harm the public as defined by rules of
the | ||||||
8 | Department.
| ||||||
9 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
10 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
11 | that results in an
environmental health practitioner's | ||||||
12 | inability to practice with reasonable
judgment, skill, or | ||||||
13 | safety.
| ||||||
14 | (10) Discipline by another U.S. jurisdiction or | ||||||
15 | foreign nation, if at
least one of the grounds for a | ||||||
16 | discipline is the same or substantially
equivalent to those | ||||||
17 | set forth in this Act.
| ||||||
18 | (11) A finding by the Department that the licensee | ||||||
19 | registrant , after having his or
her license placed on | ||||||
20 | probationary status, has violated the terms of
probation.
| ||||||
21 | (12) Willfully making or filing false records or | ||||||
22 | reports in his or her
practice, including, but not limited | ||||||
23 | to, false records filed with State
agencies or departments.
| ||||||
24 | (13) Physical illness or mental illness or impairment , | ||||||
25 | including, but not limited to, deterioration
through the | ||||||
26 | aging process or loss of motor skills that result in the |
| |||||||
| |||||||
1 | inability
to practice the profession with reasonable | ||||||
2 | judgment, skill, or safety.
| ||||||
3 | (14) Failure to comply with rules promulgated by the
| ||||||
4 | Illinois Department of Public Health or other State | ||||||
5 | agencies related to the
practice of environmental health.
| ||||||
6 | (15) Gross negligence The Department shall deny any | ||||||
7 | application for a license or renewal of
a license under | ||||||
8 | this Act, without hearing, to a person who has defaulted on | ||||||
9 | an
educational loan guaranteed by the Illinois Student | ||||||
10 | Assistance Commission;
however, the Department may issue a | ||||||
11 | license or renewal of a license if the
person in default | ||||||
12 | has established a satisfactory repayment record as | ||||||
13 | determined
by the Illinois Student Assistance
Commission .
| ||||||
14 | (16) Solicitation of professional services by using | ||||||
15 | false or misleading
advertising.
| ||||||
16 | (17) A finding that the license has been applied for or | ||||||
17 | obtained by
fraudulent means.
| ||||||
18 | (18) Practicing or attempting to practice under a name | ||||||
19 | other than the full
name as shown on the license or any | ||||||
20 | other legally authorized name.
| ||||||
21 | (19) Gross overcharging for professional services | ||||||
22 | including filing
statements for collection of fees or | ||||||
23 | moneys for which services are not
rendered.
| ||||||
24 | (b) The Department may refuse to issue or may suspend the | ||||||
25 | license of any
person who fails to (i) file a return, (ii) pay | ||||||
26 | the tax, penalty, or interest
shown in a filed return; or (iii) |
| |||||||
| |||||||
1 | pay any final assessment of the tax, penalty,
or interest as | ||||||
2 | required by any tax Act administered by the Illinois Department
| ||||||
3 | of Revenue until the requirements of the tax Act are satisfied.
| ||||||
4 | (b-5) The Department shall deny any application for a | ||||||
5 | license or renewal of a license under this Act, without | ||||||
6 | hearing, to a person who has defaulted on an educational loan | ||||||
7 | guaranteed by the Illinois Student Assistance Commission; | ||||||
8 | however, the Department may issue a license or renew a license | ||||||
9 | if the person in default has established a satisfactory | ||||||
10 | repayment record, as determined by the Illinois Student | ||||||
11 | Assistance Commission. | ||||||
12 | (c) The determination by a circuit court that a licensee is | ||||||
13 | subject
to involuntary admission or judicial admission to a | ||||||
14 | mental health facility as
provided in the Mental Health and | ||||||
15 | Developmental Disabilities Code operates as
an automatic | ||||||
16 | suspension. The suspension may end only upon a finding by a | ||||||
17 | court
that the licensee is no longer subject to involuntary | ||||||
18 | admission or judicial
admission, the issuance of an order so | ||||||
19 | finding and discharging the patient, and
the recommendation of | ||||||
20 | the Board to the Secretary Director that the licensee be | ||||||
21 | allowed to
resume practice.
| ||||||
22 | (d) In enforcing this Section, the Department, upon a | ||||||
23 | showing of a
possible
violation, may compel any person licensed | ||||||
24 | to practice under this Act or who has
applied
for licensure or | ||||||
25 | certification pursuant to this Act to submit to a mental or
| ||||||
26 | physical
examination, or both, as required by and at the |
| |||||||
| |||||||
1 | expense of the Department. The
examining physicians shall be | ||||||
2 | those specifically
designated by
the Department. The | ||||||
3 | Department may order the examining physician
to present | ||||||
4 | testimony concerning this mental or
physical
examination of the
| ||||||
5 | licensee or applicant. No information shall be excluded by | ||||||
6 | reason of any
common law or
statutory privilege relating to | ||||||
7 | communications between the licensee or
applicant and the
| ||||||
8 | examining physician. The person to be examined may
have, at his
| ||||||
9 | or her own expense, another physician of his or her
choice
| ||||||
10 | present during all aspects of the examination. Failure of any | ||||||
11 | person to submit
to a mental
or physical examination, when | ||||||
12 | directed, shall be grounds for suspension of a
license until
| ||||||
13 | the person submits to the examination if the Department finds, | ||||||
14 | after notice and
hearing,
that the refusal to submit to the | ||||||
15 | examination was without reasonable cause.
| ||||||
16 | If the Department finds an individual unable to practice | ||||||
17 | because of the
reasons set
forth in this Section, the | ||||||
18 | Department may require that individual to submit to
care,
| ||||||
19 | counseling, or treatment by physicians approved or designated | ||||||
20 | by the
Department, as a
condition, term, or restriction for | ||||||
21 | continued, reinstated, or renewed licensure
to practice
or, in | ||||||
22 | lieu of care, counseling, or treatment, the Department may file | ||||||
23 | a
complaint to
immediately suspend, revoke, or otherwise | ||||||
24 | discipline the license of the
individual.
| ||||||
25 | Any person whose license was granted, continued, | ||||||
26 | reinstated, renewed,
disciplined, or supervised subject to |
| |||||||
| |||||||
1 | such terms, conditions, or restrictions
and
who fails to comply | ||||||
2 | with such terms, conditions, or restrictions shall be
referred | ||||||
3 | to
the Secretary Director for a determination as to whether the | ||||||
4 | person shall have his or her
license suspended immediately, | ||||||
5 | pending a hearing by the Department.
| ||||||
6 | In instances in which the Secretary Director immediately | ||||||
7 | suspends a person's license
under this Section, a hearing on | ||||||
8 | that person's license must be convened by the
Department within | ||||||
9 | 15 days after the suspension and completed without
appreciable | ||||||
10 | delay. The Department shall have the authority to review the
| ||||||
11 | subject
person's record of treatment and counseling regarding | ||||||
12 | the impairment, to the
extent permitted by applicable federal | ||||||
13 | statutes and regulations safeguarding
the
confidentiality of | ||||||
14 | medical records.
| ||||||
15 | A person licensed under this Act and affected under this | ||||||
16 | Section shall be
afforded an opportunity to demonstrate to the | ||||||
17 | Department that he or she can
resume practice in compliance | ||||||
18 | with acceptable and prevailing standards under
the
provisions | ||||||
19 | of his or her license.
| ||||||
20 | (Source: P.A. 92-837, eff. 8-22-02 .)
| ||||||
21 | (225 ILCS 37/56)
| ||||||
22 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
23 | Sec. 56. Unlicensed practice; violation; civil penalty.
| ||||||
24 | (a) Any person who practices, offers to practice, attempts | ||||||
25 | to practice, or
holds himself or herself out to practice |
| |||||||
| |||||||
1 | environmental health without being
licensed under this Act | ||||||
2 | shall, in addition to any other penalty provided by
law, pay a | ||||||
3 | civil penalty to the Department in an amount not to exceed | ||||||
4 | $10,000 $5,000
for each offense as determined by the | ||||||
5 | Department. The civil penalty shall be
assessed by the | ||||||
6 | Department after a hearing is held in accordance with the
| ||||||
7 | provisions set forth in this Act regarding the provision of a | ||||||
8 | hearing for the
discipline of a licensee.
| ||||||
9 | (b) The Department has the authority and power to | ||||||
10 | investigate any and all
unlicensed activity.
| ||||||
11 | (c) The civil penalty shall be paid within 60 days after | ||||||
12 | the effective date
of the order imposing the civil penalty. The | ||||||
13 | order shall constitute a judgment
and may be filed and | ||||||
14 | execution had thereon in the same manner as any judgment
from | ||||||
15 | any court of record.
| ||||||
16 | (Source: P.A. 92-837, eff. 8-22-02 .)
| ||||||
17 | (225 ILCS 37/60)
| ||||||
18 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
19 | Sec. 60. Violations; injunctions; cease and desist order.
| ||||||
20 | (a) If a person violates a provision of this Act, the | ||||||
21 | Secretary Director may, in
the name of the People of the State | ||||||
22 | of Illinois, through the Attorney General
of the State of | ||||||
23 | Illinois, petition for an order enjoining the violation or for
| ||||||
24 | any order enforcing compliance with this Act. Upon the filing | ||||||
25 | of a verified
petition in court, the court may issue a |
| |||||||
| |||||||
1 | temporary restraining order, without
notice or bond, and may | ||||||
2 | preliminarily and permanently enjoin the violation.
If it is | ||||||
3 | established that the person has violated or is violating the
| ||||||
4 | injunction,
the Court may punish the offender for contempt of | ||||||
5 | court. Proceedings under this
Section are in addition to, and | ||||||
6 | not in lieu of, all other remedies and
penalties provided by | ||||||
7 | this Act.
| ||||||
8 | (b) If a person practices as an environmental health | ||||||
9 | practitioner or
holds himself or herself out as such without | ||||||
10 | having a valid license under this
Act, then a licensee, an | ||||||
11 | interested party, or a person injured thereby may,
in addition | ||||||
12 | to the Secretary Director , petition for relief as provided in | ||||||
13 | subsection (a)
of this Section.
| ||||||
14 | (c) Whenever in the opinion of the Department a person | ||||||
15 | violates a
provision of this Act, the Department may issue a | ||||||
16 | rule to show cause why an
order to cease and desist should not | ||||||
17 | be entered against him or her. The rule
shall clearly set forth | ||||||
18 | the grounds relied upon by the Department and shall
provide a | ||||||
19 | period of 7 days from the date of the rule to file an answer to | ||||||
20 | the
satisfaction of the Department. Failure to answer to the | ||||||
21 | satisfaction of the
Department shall cause an order to cease | ||||||
22 | and desist to be issued immediately.
| ||||||
23 | (Source: P.A. 89-61, eff. 6-30-95 .)
| ||||||
24 | (225 ILCS 37/65)
| ||||||
25 | (Section scheduled to be repealed on December 31, 2008)
|
| |||||||
| |||||||
1 | Sec. 65. Investigation; notice; hearing. The Department | ||||||
2 | may investigate
the actions of an applicant or a person or | ||||||
3 | persons holding or claiming to
hold a license. Before refusing | ||||||
4 | to issue, refusing to renew, or taking any
disciplinary action | ||||||
5 | regarding a license, the Department shall, at least 30 days
| ||||||
6 | before the date set for the hearing, notify in writing the | ||||||
7 | applicant for, or
holder of, a license of the nature of any | ||||||
8 | charges and that a hearing will be
held on a date designated. | ||||||
9 | The Department shall direct the applicant or
licensee to file a | ||||||
10 | written answer with the Board under oath within 20 days
after | ||||||
11 | the service of the notice and inform the applicant or licensee | ||||||
12 | that
failure to file an answer shall result in default being | ||||||
13 | taken against the
applicant or licensee and that the license | ||||||
14 | may be suspended, revoked, or placed
on probationary status, or | ||||||
15 | that other disciplinary action may be taken,
including limiting | ||||||
16 | the scope, nature, or extent of practice, as the Secretary | ||||||
17 | Director
may
consider proper. Written notice may be served by | ||||||
18 | personal delivery or
certified or
registered mail to the | ||||||
19 | respondent at the last address of record with his or her last
| ||||||
20 | notification to the Department. If the person fails to file an | ||||||
21 | answer after
receiving notice, his or her license or | ||||||
22 | certificate may, in the discretion of
the Department, be | ||||||
23 | suspended, revoked, or placed on probationary
status or the | ||||||
24 | Department may take any disciplinary action considered proper,
| ||||||
25 | including
limiting the scope, nature, or extent of the person's | ||||||
26 | practice or the
imposition of a fine, without a hearing, if the |
| |||||||
| |||||||
1 | act or acts charged constitute
sufficient grounds for such | ||||||
2 | action under this Act. At the time and place fixed
in the | ||||||
3 | notice, the Board shall proceed to hear the charges and the | ||||||
4 | parties or
their counsel shall be accorded ample opportunity to | ||||||
5 | present statements,
testimony, evidence, and arguments as may | ||||||
6 | be pertinent to the charges or to
their
defense. The Board may | ||||||
7 | continue a hearing from time to time.
| ||||||
8 | (Source: P.A. 89-61, eff. 6-30-95 .)
| ||||||
9 | (225 ILCS 37/75)
| ||||||
10 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
11 | Sec. 75. Subpoenas; oaths; attendance of witnesses. The | ||||||
12 | Department has the
power to subpoena and to bring before it any | ||||||
13 | person and to take testimony
either orally or by deposition, or | ||||||
14 | both, with the same fees and mileage and in
the same manner as | ||||||
15 | prescribed in civil cases in the courts of this State.
| ||||||
16 | The Secretary Director , the designated hearing officer, | ||||||
17 | and every member of the Board
has the power to administer oaths | ||||||
18 | to witnesses at any hearing that the
Department is authorized | ||||||
19 | to conduct and any other oaths authorized in any Act
| ||||||
20 | administered by the Department.
| ||||||
21 | (Source: P.A. 89-61, eff. 6-30-95 .)
| ||||||
22 | (225 ILCS 37/80)
| ||||||
23 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
24 | Sec. 80. Recommendations for disciplinary action. At the |
| |||||||
| |||||||
1 | conclusion of
the hearing, the Board shall present to the | ||||||
2 | Secretary Director a written report of its
findings and | ||||||
3 | recommendations. The report shall contain a finding whether or
| ||||||
4 | not the licensee violated this Act or failed to comply with the | ||||||
5 | conditions
required in this Act. The Board shall specify the | ||||||
6 | nature of the violation or
failure to comply and shall make its | ||||||
7 | recommendations to the Secretary Director .
| ||||||
8 | The report of findings, conclusions of law, and | ||||||
9 | recommendations of the Board
shall be the basis for the | ||||||
10 | Department's order for refusal to issue or for the
granting of | ||||||
11 | a license or for any disciplinary action. If the Secretary | ||||||
12 | Director
disagrees with the recommendation of the Board, the | ||||||
13 | Secretary Director may issue an
order in contravention of the | ||||||
14 | Board's report. The finding is not admissible
in evidence | ||||||
15 | against the person in a criminal prosecution brought for
| ||||||
16 | violation of this Act, but the hearing and findings are not a | ||||||
17 | bar to criminal
prosecution brought for violation of this Act.
| ||||||
18 | (Source: P.A. 89-61, eff. 6-30-95 .)
| ||||||
19 | (225 ILCS 37/85)
| ||||||
20 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
21 | Sec. 85. Rehearing. In any hearing involving disciplinary | ||||||
22 | action against
an applicant or licensee, a copy of the Board's | ||||||
23 | report shall be served upon the
applicant or licensee by the | ||||||
24 | Department, either personally or as provided in
this Act for | ||||||
25 | the service of the notice of hearing. Within 20 calendar days
|
| |||||||
| |||||||
1 | after service, the applicant or licensee may present to the | ||||||
2 | Department a motion
in writing for a rehearing that shall | ||||||
3 | specify the particular grounds for
rehearing. If no motion for | ||||||
4 | rehearing is filed, then upon the expiration of
the time | ||||||
5 | specified for filing a motion, or if a motion for rehearing is | ||||||
6 | denied,
then upon denial, the Secretary Director may enter an | ||||||
7 | order in accordance with
recommendations of the Board, except | ||||||
8 | as provided in this Act. If the applicant
or licensee orders | ||||||
9 | from the reporting service, and pays for a transcript of the
| ||||||
10 | record within the time for filing a motion for rehearing, the | ||||||
11 | 20 calendar
day period within which a motion may be filed shall | ||||||
12 | commence upon the delivery
of the transcript to the respondent.
| ||||||
13 | (Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95 .)
| ||||||
14 | (225 ILCS 37/90)
| ||||||
15 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
16 | Sec. 90. Hearing by other hearing officer examiner . | ||||||
17 | Whenever the Secretary Director is not
satisfied that | ||||||
18 | substantial justice has been done in the revocation, | ||||||
19 | suspension,
or refusal to issue or renew a license, the | ||||||
20 | Secretary Director may order a rehearing by
the same or other | ||||||
21 | hearing officers examiners .
| ||||||
22 | (Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95; | ||||||
23 | 89-626, eff.
8-9-96 .)
| ||||||
24 | (225 ILCS 37/95)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
2 | Sec. 95. Appointment of hearing officer. The Secretary | ||||||
3 | Director has the authority
to appoint any attorney duly | ||||||
4 | licensed to practice law in the State of Illinois
to serve as | ||||||
5 | the hearing officer in any action for Departmental refusal to | ||||||
6 | issue
a license, renew a license, or to discipline a licensee. | ||||||
7 | The hearing officer
has full authority to conduct the hearing. | ||||||
8 | At least one member of the Board
shall attend each hearing. The | ||||||
9 | hearing officer shall report the findings of
fact,
conclusions | ||||||
10 | of law, and recommendations to the Board and the Secretary | ||||||
11 | Director . The
Board has 60 calendar days from receipt of the | ||||||
12 | report to review the report of
the hearing officer and present | ||||||
13 | its findings of fact, conclusions of law, and
recommendations | ||||||
14 | to the Secretary Director . If the Board fails to present its | ||||||
15 | report
within the 60 calendar day period, the Secretary | ||||||
16 | Director may issue an order based on the
report of
the hearing | ||||||
17 | officer. If the Secretary Director disagrees with the | ||||||
18 | recommendation of the
Board or the hearing officer, the | ||||||
19 | Secretary Director may issue an order in contravention
of the | ||||||
20 | recommendation.
| ||||||
21 | (Source: P.A. 89-61, eff. 6-30-95 .)
| ||||||
22 | (225 ILCS 37/100)
| ||||||
23 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
24 | Sec. 100. Order or certified copy. An order or a certified | ||||||
25 | copy thereof,
over the seal of the Department and purporting to |
| |||||||
| |||||||
1 | be signed by the Secretary Director ,
shall be prima facie proof | ||||||
2 | that:
| ||||||
3 | (1) the signature is the genuine signature of the Secretary | ||||||
4 | Director ;
| ||||||
5 | (2) the Secretary Director is duly appointed and qualified; | ||||||
6 | and
| ||||||
7 | (3) the Board and its members are qualified to act.
| ||||||
8 | (Source: P.A. 89-61, eff. 6-30-95 .)
| ||||||
9 | (225 ILCS 37/115)
| ||||||
10 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
11 | Sec. 115. Temporary suspension. The Secretary Director may | ||||||
12 | summarily suspend the
license of an environmental health | ||||||
13 | practitioner without a hearing,
simultaneously with the | ||||||
14 | initiation of proceedings for a hearing provided for in
this | ||||||
15 | Act, if the Secretary Director finds that evidence in his or | ||||||
16 | her possession
indicates that an environmental health | ||||||
17 | practitioner's continuation in practice
would constitute an | ||||||
18 | imminent danger to the public. In the event that the Secretary
| ||||||
19 | Director summarily suspends the license of an environmental | ||||||
20 | health practitioner
without a hearing, a hearing by the Board | ||||||
21 | must be held within 30 calendar days
after the suspension has | ||||||
22 | occurred.
| ||||||
23 | (Source: P.A. 89-61, eff. 6-30-95 .)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.".
|