SB0149ham001 95TH GENERAL ASSEMBLY

Rep. Angelo Saviano

Filed: 5/24/2007

09500SB0149ham001 LRB095 06389 RAS 36820 a

AMENDMENT TO SENATE BILL 149

AMENDMENT NO. ______. Amend Senate Bill 149 on page 2, immediately below line 9, by inserting the following:

"Section 7. The Medical Practice Act of 1987 is amended by changing Section 3.5 as follows:

(225 ILCS 60/3.5)

(Section scheduled to be repealed on December 31, 2008)

Sec. 3.5. Unlicensed practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a physician without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(d) Nothing in this Act shall be construed to limit the right of persons licensed under this Act to delegate tasks or duties to licensed or unlicensed personnel who have the training or experience to perform the tasks or duties so delegated.

(Source: P.A. 89-474, eff. 6-18-96.)"; and

on 29, immediately below line 3, by inserting the following:

"Section 13. The Electrologist Licensing Act is amended by changing Section 20 as follows:

(225 ILCS 412/20)

(Section scheduled to be repealed on January 1, 2014)

Sec. 20. Exemptions. This Act does not prohibit:

(1) A person licensed in this State under any other Act from engaging in the practice for which that person is licensed.

(2) The practice of electrology by a person who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of the employee's official duties.

(3) The practice of electrology included in a program of study by students enrolled in schools or in refresher courses approved by the Department.

Nothing in this Act shall be construed to prevent a person functioning as an assistant to a person licensed to practice medicine in all its branches from being delegated tasks or duties for which he or she has the training or experience to perform, in accordance with Section 3.5 of the Medical Practice Act of 1987 providing electrology services.

(Source: P.A. 92-750, eff. 1-1-03.)".