Full Text of HB0533 98th General Assembly
HB0533ham001 98TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 5/7/2013
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| 1 | | AMENDMENT TO HOUSE BILL 533
| 2 | | AMENDMENT NO. ______. Amend House Bill 533 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.24 and by adding Section 4.34 as follows:
| 6 | | (5 ILCS 80/4.24)
| 7 | | Sec. 4.24. Acts and Section repealed on January 1, 2014. | 8 | | The following
Acts and Section of an Act are repealed
on | 9 | | January 1, 2014:
| 10 | | The Electrologist Licensing Act.
| 11 | | The Illinois Certified Shorthand Reporters Act of 1984.
| 12 | | The Illinois Occupational Therapy Practice Act.
| 13 | | The Illinois Public Accounting Act.
| 14 | | The Private Detective, Private Alarm, Private Security, | 15 | | Fingerprint Vendor, and Locksmith Act
of 2004.
| 16 | | The Registered Surgical Assistant and Registered Surgical |
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| 1 | | Technologist
Title Protection Act.
| 2 | | Section 2.5 of the Illinois Plumbing License Law. | 3 | | The Veterinary Medicine and Surgery Practice Act of 2004.
| 4 | | (Source: P.A. 97-1139, eff. 12-28-12.)
| 5 | | (5 ILCS 80/4.34 new) | 6 | | Sec. 4.34. Act repealed on January 1, 2024. The following
| 7 | | Act is repealed
on January 1, 2024: | 8 | | The Registered Surgical Assistant and Registered Surgical | 9 | | Technologist
Title Protection Act. | 10 | | Section 10. The Registered Surgical Assistant and | 11 | | Registered Surgical
Technologist Title Protection Act is | 12 | | amended by changing Sections 10, 20, 30, 40, 45, 50, 55, 65, | 13 | | 70, 75, 77, 80, 85, 90, 95, 100, 105, 110, 115, 120, 125, 130, | 14 | | 135, 145, 150, and 165 and by adding Section 87 as follows:
| 15 | | (225 ILCS 130/10)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 10. Definitions. As used in this Act:
| 18 | | "Address of record" means the designated address recorded | 19 | | by the Department in the applicant's or registrant's | 20 | | application file or registration file as maintained by the | 21 | | Department's licensure maintenance unit. It is the duty of the | 22 | | applicant or registrant to inform the Department of any change | 23 | | of address and those changes must be made either through the |
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| 1 | | Department's website or by contacting the Department. | 2 | | "Department" means the Department of Financial and | 3 | | Professional Regulation.
| 4 | | "Direct supervision" means supervision by a licensed an | 5 | | operating physician, licensed
podiatrist, or licensed dentist | 6 | | who is
physically present and who personally directs delegated | 7 | | acts and remains
available to personally respond to an | 8 | | emergency until the patient
is released from the operating | 9 | | room.
A registered professional nurse may
also
provide direct | 10 | | supervision within the scope of his or her license. A
| 11 | | registered surgical assistant or registered surgical | 12 | | technologist shall perform
duties as assigned.
| 13 | | "Director" means the Director of Professional Regulation.
| 14 | | "Physician" or "operating physician" means a person | 15 | | licensed to practice
medicine in all of
its branches under the | 16 | | Medical Practice Act of 1987.
| 17 | | "Registered surgical assistant" means a person who (i) is | 18 | | not
licensed to
practice
medicine in all of its branches, (ii) | 19 | | is certified by the National Surgical
Assistant
Association as | 20 | | a Certified Surgical Assistant on the Certification of Surgical | 21 | | Assistants , the National Board of Surgical Technology and | 22 | | Surgical Assisting Liaison Council
on
Certification for the | 23 | | Surgical Technologist as a Certified Surgical First Assistant | 24 | | certified first assistant , or
the American Board of Surgical | 25 | | Assistants as a Surgical Assistant-Certified Assisting , (iii) | 26 | | performs duties under direct
supervision, (iv) provides |
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| 1 | | services only in a licensed hospital, ambulatory
treatment | 2 | | center, or office of a physician licensed to practice medicine | 3 | | in all
its branches, and (v) is registered
under this Act.
| 4 | | "Registered surgical technologist" means a person who (i) | 5 | | is not
a physician licensed to
practice
medicine in all of its | 6 | | branches, (ii) is certified by the National Board for Surgical | 7 | | Technology and Surgical Assisting Liaison Council on
| 8 | | Certification for the Surgical Technologist ,
(iii) performs | 9 | | duties under direct supervision, (iv) provides services only in
| 10 | | a licensed hospital, ambulatory treatment center, or office of | 11 | | a physician
licensed to practice medicine in all its branches, | 12 | | and (v) is registered
under this Act.
| 13 | | "Secretary" means the Secretary of Financial and | 14 | | Professional Regulation. | 15 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 16 | | (225 ILCS 130/20)
| 17 | | (Section scheduled to be repealed on January 1, 2014)
| 18 | | Sec. 20. Illinois Administrative Procedure Act ; rules . (a) | 19 | | The Illinois
Administrative Procedure Act is expressly adopted | 20 | | and incorporated in
this Act as if all of the provisions of the | 21 | | Illinois Administrative Procedure
Act were included in this | 22 | | Act,
except that the provision of subsection (d) of Section | 23 | | 10-65 of the Illinois
Administrative Procedure Act that | 24 | | provides that at hearings the registrant has
the right to show | 25 | | compliance with all lawful requirements for retention,
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| 1 | | continuation, or renewal of the registration is specifically | 2 | | excluded. For
purposes of this Act, the notice required under | 3 | | Section 10-25 of the Illinois
Administrative Procedure Act is | 4 | | deemed sufficient when mailed to the registrant's address of | 5 | | record last known
address of a party .
| 6 | | (b) The 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. 93-280, eff. 7-1-04 .)
| 10 | | (225 ILCS 130/30)
| 11 | | (Section scheduled to be repealed on January 1, 2014)
| 12 | | Sec. 30. Social Security Number on registration | 13 | | application. In addition
to any other information required to | 14 | | be contained in the application, every
application for an | 15 | | original certificate of registration
under this Act shall
| 16 | | include the applicant's Social Security Number, which shall be | 17 | | retained in the agency's records pertaining to the registration | 18 | | license . As soon as practical, the Department shall assign a | 19 | | customer's identification number to each applicant for a | 20 | | registration license . | 21 | | Every application for a renewed, reinstated, renewal or | 22 | | restored registration license shall require the applicant's | 23 | | customer identification number.
| 24 | | (Source: P.A. 97-400, eff. 1-1-12.)
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| 1 | | (225 ILCS 130/40)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 40. Application of Act. This Act shall not be | 4 | | construed to
prohibit
the following:
| 5 | | (1) A person licensed in this State under any other Act | 6 | | from engaging in
the practice for which he or she is | 7 | | licensed, including but not limited to a
physician licensed | 8 | | to practice medicine in all its branches, physician
| 9 | | assistant, advanced practice registered nurse, or nurse | 10 | | performing
surgery-related tasks within the scope
of his or | 11 | | her license, nor are these individuals required to be | 12 | | registered
under this Act.
| 13 | | (2) A person from engaging in practice as a surgical
| 14 | | assistant or surgical technologist in the
discharge of his | 15 | | or her official duties as an employee of the United
States | 16 | | government.
| 17 | | (3) One or more registered surgical assistants or | 18 | | surgical technologists from forming a
professional
service | 19 | | corporation in accordance with the Professional Service
| 20 | | Corporation Act and applying for licensure as a corporation | 21 | | providing
surgical assistant or surgical technologist | 22 | | services.
| 23 | | (4) A student engaging in practice as a surgical | 24 | | assistant or surgical
technologist under the
direct | 25 | | supervision of a physician licensed to practice medicine in | 26 | | all of its
branches as part of
his or her program of study |
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| 1 | | at a school
approved by the Department or in preparation to | 2 | | qualify for the examination
as prescribed under Sections 45 | 3 | | and 50 of this
Act.
| 4 | | (5) A person from assisting in surgery at a an | 5 | | operating
physician's discretion, including but not | 6 | | limited to medical students and
residents, nor are medical | 7 | | students and residents required to be registered
under this | 8 | | Act.
| 9 | | (6) A hospital, health system or network, ambulatory | 10 | | surgical treatment
center, physician licensed to practice | 11 | | medicine in all its branches,
physician medical group, or | 12 | | other entity that
provides surgery-related services from | 13 | | employing individuals that the
entity considers competent | 14 | | to assist in surgery. These entities are not
required to | 15 | | utilize registered surgical assistants or registered | 16 | | surgical
technologists when providing surgery-related | 17 | | services to patients.
Nothing in this subsection shall be | 18 | | construed to limit the ability of an
employer to utilize | 19 | | the services of any person to assist in surgery within the
| 20 | | employment setting consistent with the individual's skill | 21 | | and training.
| 22 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 23 | | (225 ILCS 130/45)
| 24 | | (Section scheduled to be repealed on January 1, 2014)
| 25 | | Sec. 45. Registration requirements; surgical assistant. A |
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| 1 | | person shall
qualify for
registration as a surgical assistant | 2 | | if he or she has applied in writing on the
prescribed form, has | 3 | | paid the required fees, and meets all of the following
| 4 | | requirements:
| 5 | | (1) Is at least 21 years of age.
| 6 | | (2) Has not violated a provision of Section 75 95 of | 7 | | this Act. In addition
the
Department may take into | 8 | | consideration any felony conviction of the applicant,
but a
| 9 | | conviction shall not operate as an absolute bar to | 10 | | registration unless otherwise provided by law .
| 11 | | (3) Has completed a medical education program approved | 12 | | by the Department
or has graduated from a United States | 13 | | Military Program that emphasizes emphasized surgical
| 14 | | assisting.
| 15 | | (4) Has successfully
completed a national certifying | 16 | | examination approved by the Department.
| 17 | | (5) Is currently certified by the National Surgical | 18 | | Assistant Association
as a Certified Surgical Assistant on | 19 | | the Certification of Surgical Assistants ,
the National | 20 | | Board of Surgical Technology and Surgical Assisting | 21 | | Liaison Council on Certification for the Surgical | 22 | | Technologist as a
Certified Surgical First Assistant | 23 | | certified first assistant , or the American Board of | 24 | | Surgical Assistants as a Surgical Assistant-Certified | 25 | | Assisting .
| 26 | | (Source: P.A. 93-280, eff. 7-1-04 .)
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| 1 | | (225 ILCS 130/50)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 50. Registration requirements; surgical technologist. | 4 | | A person
shall qualify for registration as a surgical | 5 | | technologist if he or she has
applied in writing on the
| 6 | | prescribed form, has paid the required fees, and meets all of | 7 | | the following
requirements:
| 8 | | (1) Is at least 18 years of age.
| 9 | | (2) Has not violated a provision of Section 75 95 of | 10 | | this Act. In addition
the
Department may take into | 11 | | consideration any felony conviction of the applicant,
but a
| 12 | | conviction shall not operate as an absolute bar to | 13 | | registration unless otherwise provided by law .
| 14 | | (3) Has completed a nationally accredited surgical | 15 | | technology technologist program approved by the
Department | 16 | | or has graduated from a United States Military Program that | 17 | | emphasizes surgical technology .
| 18 | | (4) Has successfully
completed the surgical | 19 | | technologist national certification examination provided
| 20 | | by the National Board of Surgical Technology and Surgical | 21 | | Assisting Liaison Council on Certification for the | 22 | | Surgical Technologist or its
successor agency.
| 23 | | (5) (Blank).
| 24 | | (6) Is currently certified by
the National Board of | 25 | | Surgical Technology and Surgical Assisting Liaison Council |
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| 1 | | on Certification for the Surgical Technologist or its
| 2 | | successor agency and has met the requirements set forth for | 3 | | certification.
| 4 | | (Source: P.A. 97-813, eff. 7-13-12.)
| 5 | | (225 ILCS 130/55)
| 6 | | (Section scheduled to be repealed on January 1, 2014)
| 7 | | Sec. 55. Supervision requirement. A person registered | 8 | | under this Act
shall practice as a surgical assistant only | 9 | | under direct
supervision.
| 10 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 11 | | (225 ILCS 130/65)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 65. Inactive status. A registrant who notifies | 14 | | notified
the
Department in writing on forms prescribed by the | 15 | | Department may elect to
place his or her registration on | 16 | | inactive status and shall, subject
to
rules of
the Department, | 17 | | be excused from payment of renewal fees until he or she
| 18 | | notifies the Department in writing of his or her intention to | 19 | | restore the
registration.
A registrant requesting restoration | 20 | | from inactive status
shall
pay the current renewal fee and | 21 | | shall restore his or
her
registration in accordance with | 22 | | Section 60 of this Act.
A registrant whose registration license | 23 | | is on inactive or non-renewed status shall not hold himself or
| 24 | | herself out as a registered surgical assistant or registered |
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| 1 | | surgical
technologist. To do so
shall be grounds for discipline | 2 | | under Section 75 of this Act.
| 3 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 4 | | (225 ILCS 130/70)
| 5 | | (Section scheduled to be repealed on January 1, 2014)
| 6 | | Sec. 70. Fees; returned checks.
| 7 | | (a) The Department shall set by rule fees for the | 8 | | administration of this
Act, including but not limited to fees | 9 | | for initial and renewal registration and
restoration of a | 10 | | certificate of registration.
| 11 | | (b) A person who delivers a check or other payment to the | 12 | | Department
that is returned to the Department unpaid by the | 13 | | financial
institution upon
which it is drawn shall pay to the | 14 | | Department, in addition to the amount
already owed to the | 15 | | Department, a fine of $50.
The fines imposed by this Section | 16 | | are in addition to any
other discipline provided under this | 17 | | Act.
The Department shall notify the person that fees and fines | 18 | | shall be paid
to the Department by certified check or money | 19 | | order within 30 calendar
days of the notification. If, after | 20 | | the expiration of 30 days from the date
of the
notification, | 21 | | the person has failed to submit the necessary remittance, the
| 22 | | Department shall automatically terminate the registration or | 23 | | deny the
application
without a hearing. If the person seeks a | 24 | | registration license after termination or denial,
he
or she | 25 | | shall apply to the Department for restoration or issuance of |
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| 1 | | the registration
license
and pay all fees and fines due to the | 2 | | Department. The Department may
establish a fee for the | 3 | | processing of an application for restoration of a registration
| 4 | | license
to defray the expenses of processing the application.
| 5 | | The Secretary Director may waive the fines due under this | 6 | | Section in individual
cases if the Secretary Director finds | 7 | | that the fines would be unreasonable or
unnecessarily | 8 | | burdensome.
| 9 | | (c) All of the fees and fines collected under this Act | 10 | | shall be deposited
into
the General Professions Dedicated Fund. | 11 | | All moneys in the Fund shall be used by
the Department, as | 12 | | appropriated, for the ordinary and contingent expenses of
the | 13 | | Department.
| 14 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 15 | | (225 ILCS 130/75)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 75. Grounds for disciplinary action.
| 18 | | (a) The Department may refuse to issue, renew, or restore a
| 19 | | registration, may revoke or suspend a registration, or may | 20 | | place on
probation, censure, reprimand, or take other | 21 | | disciplinary or non-disciplinary
action with regard to a person | 22 | | registered under this Act,
including but not limited to the | 23 | | imposition of fines not to
exceed $10,000 $5,000 for each | 24 | | violation and the assessment of costs as provided for in | 25 | | Section 90 , for any one or combination
of the following causes:
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| 1 | | (1) Making a material misstatement in furnishing
| 2 | | information to the Department.
| 3 | | (2) Violating a provision of this Act or its rules | 4 | | adopted under this Act .
| 5 | | (3) Conviction by plea of guilty or nolo contendere, | 6 | | finding of guilt, jury verdict, or entry of judgment or by | 7 | | sentencing of any crime, including, but not limited to, | 8 | | convictions, preceding sentences of supervision, | 9 | | conditional discharge, or first offender probation, under | 10 | | the laws of any jurisdiction of the United States that is | 11 | | (i) a felony or (ii) a misdemeanor, an essential element of | 12 | | which is dishonesty, or that is directly related to the | 13 | | practice of the profession. Conviction under the laws of a | 14 | | United States
jurisdiction of a crime that is a felony or a
| 15 | | misdemeanor, an essential element of which is dishonesty,
| 16 | | or of a crime that is directly related to the practice as
a | 17 | | surgical assistant or surgical technologist.
| 18 | | (4) Fraud or Making a misrepresentation in applying | 19 | | for, renewing, restoring, reinstating, or procuring a | 20 | | registration under this Act for the purpose of
obtaining, | 21 | | renewing, or restoring a registration .
| 22 | | (5) Aiding Wilfully aiding or assisting another person | 23 | | in
violating a provision of this Act or its rules.
| 24 | | (6) Failing to provide information within 60 days
in | 25 | | response to a written request made by the Department.
| 26 | | (7) Engaging in dishonorable, unethical, or
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| 1 | | unprofessional conduct of a character likely to deceive,
| 2 | | defraud, or harm the public, as defined by rule of the
| 3 | | Department.
| 4 | | (8) Discipline by another United States
jurisdiction , | 5 | | governmental agency, unit of government, or foreign | 6 | | nation, if at least one of the
grounds for discipline is | 7 | | the same or substantially
equivalent to those set forth in | 8 | | this Section.
| 9 | | (9) Directly or indirectly giving to or receiving
from | 10 | | a person, firm, corporation, partnership, or
association a | 11 | | fee, commission, rebate, or other form of
compensation for | 12 | | professional services not actually or
personally rendered. | 13 | | Nothing in this paragraph (9) affects any bona fide | 14 | | independent contractor or employment arrangements among | 15 | | health care professionals, health facilities, health care | 16 | | providers, or other entities, except as otherwise | 17 | | prohibited by law. Any employment arrangements may include | 18 | | provisions for compensation, health insurance, pension, or | 19 | | other employment benefits for the provision of services | 20 | | within the scope of the registrant's licensee's practice | 21 | | under this Act. Nothing in this paragraph (9) shall be | 22 | | construed to require an employment arrangement to receive | 23 | | professional fees for services rendered.
| 24 | | (10) A finding by the Department that the registrant, | 25 | | after
having his or her registration placed on probationary | 26 | | status,
has violated the terms of probation.
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| 1 | | (11) Willfully Wilfully making or filing false records | 2 | | or
reports in his or her practice, including but not | 3 | | limited
to false records or reports filed with State | 4 | | agencies.
| 5 | | (12) Willfully Wilfully making or signing a false | 6 | | statement,
certificate, or affidavit to induce payment.
| 7 | | (13) Willfully Wilfully failing to report an instance | 8 | | of
suspected child abuse or neglect as required under the
| 9 | | Abused and Neglected Child Reporting Act.
| 10 | | (14) Being named as a perpetrator in an indicated
| 11 | | report by the Department of Children and Family Services
| 12 | | under the Abused and Neglected Child Reporting Act and
upon | 13 | | proof by clear and convincing evidence that the
registrant | 14 | | licensee has caused a child to be an abused child or
| 15 | | neglected child as defined in the Abused and Neglected
| 16 | | Child Reporting Act.
| 17 | | (15) (Blank). Employment of fraud, deception, or any
| 18 | | unlawful means in applying for or securing a license as a
| 19 | | surgical assistant.
| 20 | | (16) Failure to report to the Department (A) any
| 21 | | adverse final action taken against the registrant by
| 22 | | another registering or licensing jurisdiction,
government | 23 | | agency, law enforcement agency, or
any court or (B) | 24 | | liability for conduct that would
constitute grounds for | 25 | | action as set forth in this
Section.
| 26 | | (17) Habitual or excessive use or abuse of drugs |
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| 1 | | defined in law as controlled substances, alcohol, or any | 2 | | other substance that results in the inability to practice | 3 | | with reasonable judgment, skill, or safety intoxication or | 4 | | addiction to the use
of drugs .
| 5 | | (18) Physical or mental illness, including but not | 6 | | limited to
deterioration through the aging process or loss | 7 | | of motor
skills, which results in the inability to practice | 8 | | the
profession for which he or she is registered with
| 9 | | reasonable judgment, skill, or safety.
| 10 | | (19) Gross malpractice resulting in permanent injury | 11 | | or death of a
patient .
| 12 | | (20) Immoral conduct in the commission of an act | 13 | | related to the
registrant's practice, including but not | 14 | | limited to sexual abuse, sexual
misconduct,
or sexual | 15 | | exploitation.
| 16 | | (21) Violation of
the Health Care Worker Self-Referral | 17 | | Act.
| 18 | | (b) The Department may refuse to issue or may suspend | 19 | | without hearing the
registration of a person who fails to file | 20 | | a return, to pay the
tax, penalty, or interest shown in a filed | 21 | | return, or to pay
a final assessment of the tax, penalty, or | 22 | | interest as
required by a tax Act administered by the | 23 | | Department of
Revenue, until the requirements of the tax Act | 24 | | are satisfied in accordance with subsection (g) of Section | 25 | | 2105-15 of the Department of Regulation Law of the Civil | 26 | | Administrative Code of Illinois .
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| 1 | | (c) The determination by a circuit court that a registrant
| 2 | | is subject to involuntary admission or judicial admission as
| 3 | | provided in the Mental Health and Developmental Disabilities
| 4 | | Code operates as an automatic suspension. The suspension will
| 5 | | end only upon (1) a finding by a court that the patient is no
| 6 | | longer subject to involuntary admission or judicial
admission, | 7 | | (2) issuance of an order so finding and
discharging the | 8 | | patient, and (3) filing of a petition for restoration | 9 | | demonstrating fitness to practice the recommendation of the | 10 | | Department
to the Director that the registrant be allowed
to | 11 | | resume his or her practice .
| 12 | | (d) The Department shall deny a registration or renewal | 13 | | authorized by this Act to a person who has defaulted on an | 14 | | educational loan or scholarship provided or guaranteed by the | 15 | | Illinois Student Assistance Commission or any governmental | 16 | | agency of this State in accordance with paragraph (5) of | 17 | | subsection (a) of Section 2105-15 of the Department of | 18 | | Regulation Law of the Civil Administrative Code of Illinois. | 19 | | (e) In cases where the Department of Healthcare and Family | 20 | | Services has previously determined a registrant or a potential | 21 | | registrant is more than 30 days delinquent in the payment of | 22 | | child support and has subsequently certified the delinquency to | 23 | | the Department, the Department may refuse to issue or renew or | 24 | | may revoke or suspend that person's registration or may take | 25 | | other disciplinary action against that person based solely upon | 26 | | the certification of delinquency made by the Department of |
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| 1 | | Healthcare and Family Services in accordance with paragraph (5) | 2 | | of subsection (a) of Section 2105-15 of the Department of | 3 | | Professional Regulation Law of the Civil Administrative Code of | 4 | | Illinois. | 5 | | (f) In enforcing this Section, the Department, upon a | 6 | | showing of a possible violation, may compel any individual | 7 | | registered under this Act or any individual who has applied for | 8 | | registration to submit to a mental or physical examination and | 9 | | evaluation, or both, that may include a substance abuse or | 10 | | sexual offender evaluation, at the expense of the Department. | 11 | | The Department shall specifically designate the examining | 12 | | physician licensed to practice medicine in all of its branches | 13 | | or, if applicable, the multidisciplinary team involved in | 14 | | providing the mental or physical examination and evaluation, or | 15 | | both. The multidisciplinary team shall be led by a physician | 16 | | licensed to practice medicine in all of its branches and may | 17 | | consist of one or more or a combination of physicians licensed | 18 | | to practice medicine in all of its branches, licensed | 19 | | chiropractic physicians, licensed clinical psychologists, | 20 | | licensed clinical social workers, licensed clinical | 21 | | professional counselors, and other professional and | 22 | | administrative staff. Any examining physician or member of the | 23 | | multidisciplinary team may require any person ordered to submit | 24 | | to an examination and evaluation pursuant to this Section to | 25 | | submit to any additional supplemental testing deemed necessary | 26 | | to complete any examination or evaluation process, including, |
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| 1 | | but not limited to, blood testing, urinalysis, psychological | 2 | | testing, or neuropsychological testing. | 3 | | The Department may order the examining physician or any | 4 | | member of the multidisciplinary team to provide to the | 5 | | Department any and all records, including business records, | 6 | | that relate to the examination and evaluation, including any | 7 | | supplemental testing performed. The Department may order the | 8 | | examining physician or any member of the multidisciplinary team | 9 | | to present testimony concerning this examination and | 10 | | evaluation of the registrant or applicant, including testimony | 11 | | concerning any supplemental testing or documents relating to | 12 | | the examination and evaluation. No information, report, | 13 | | record, or other documents in any way related to the | 14 | | examination and evaluation shall be excluded by reason of any | 15 | | common law or statutory privilege relating to communication | 16 | | between the registrant or applicant and the examining physician | 17 | | or any member of the multidisciplinary team. No authorization | 18 | | is necessary from the registrant or applicant ordered to | 19 | | undergo an evaluation and examination for the examining | 20 | | physician or any member of the multidisciplinary team to | 21 | | provide information, reports, records, or other documents or to | 22 | | provide any testimony regarding the examination and | 23 | | evaluation. The individual to be examined may have, at his or | 24 | | her own expense, another physician of his or her choice present | 25 | | during all aspects of the examination. | 26 | | Failure of any individual to submit to mental or physical |
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| 1 | | examination and evaluation, or both, when directed, shall | 2 | | result in an automatic suspension without hearing until such | 3 | | time as the individual submits to the examination. If the | 4 | | Department finds a registrant unable to practice because of the | 5 | | reasons set forth in this Section, the Department shall require | 6 | | such registrant to submit to care, counseling, or treatment by | 7 | | physicians approved or designated by the Department as a | 8 | | condition for continued, reinstated, or renewed registration. | 9 | | When the Secretary immediately suspends a registration | 10 | | under this Section, a hearing upon such person's registration | 11 | | must be convened by the Department within 15 days after such | 12 | | suspension and completed without appreciable delay. The | 13 | | Department shall have the authority to review the registrant's | 14 | | record of treatment and counseling regarding the impairment to | 15 | | the extent permitted by applicable federal statutes and | 16 | | regulations safeguarding the confidentiality of medical | 17 | | records. | 18 | | Individuals registered under this Act and affected under | 19 | | this Section shall be afforded an opportunity to demonstrate to | 20 | | the Department that they can resume practice in compliance with | 21 | | acceptable and prevailing standards under the provisions of | 22 | | their registration. | 23 | | (g) All fines imposed under this Section shall be paid | 24 | | within 60 days after the effective date of the order imposing | 25 | | the fine or in accordance with the terms set forth in the order | 26 | | imposing the fine. |
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| 1 | | (Source: P.A. 96-1482, eff. 11-29-10.)
| 2 | | (225 ILCS 130/77) | 3 | | (Section scheduled to be repealed on January 1, 2014) | 4 | | Sec. 77. Suspension of registration for failure to pay | 5 | | restitution. The Department, without further process or | 6 | | hearing, shall suspend the registration license or other | 7 | | authorization to practice of any person issued under this Act | 8 | | who has been certified by court order as not having paid | 9 | | restitution to a person under Section 8A-3.5 of the Illinois | 10 | | Public Aid Code or under Section 17-10.5 or 46-1 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012. A person | 12 | | whose registration license or other authorization to practice | 13 | | is suspended under this Section is prohibited from practicing | 14 | | until the restitution is made in full.
| 15 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 16 | | (225 ILCS 130/80)
| 17 | | (Section scheduled to be repealed on January 1, 2014)
| 18 | | Sec. 80. Cease and desist order ; injunctions .
| 19 | | (a) If a person violates a provision of this Act, the
| 20 | | Secretary Director , in the name of the People of the State of
| 21 | | Illinois through the Attorney General of the State of
Illinois, | 22 | | or the State's Attorney of a county in which the
violation is | 23 | | alleged to have occurred occurs , may petition for an order | 24 | | enjoining the
violation or for an order enforcing compliance |
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| 1 | | with this Act.
Upon the filing of a verified petition in court, | 2 | | the court
may issue a temporary restraining order without | 3 | | notice or
bond and may preliminarily and permanently enjoin the
| 4 | | violation. If it is established that the registrant has
| 5 | | violated or is violating the injunction, the court may punish
| 6 | | the offender for contempt of court. Proceedings under this
| 7 | | Section shall be in addition to, and not in lieu of, all
other | 8 | | remedies and penalties provided by this Act.
| 9 | | (b) If a person holds himself or herself out as a surgical | 10 | | assistant
or surgical technologist without
being registered | 11 | | under this Act, then any registrant under this Act,
interested
| 12 | | party, or person injured thereby, in
addition to the Secretary | 13 | | Director or State's Attorney, may
petition for relief as | 14 | | provided in subsection (a) of this
Section.
| 15 | | (c) If the Department determines that a person violated a
| 16 | | provision of this Act, the Department may issue a rule to show
| 17 | | cause why an order to cease and desist should not be entered
| 18 | | against him or her. The rule shall clearly set forth the
| 19 | | grounds relied upon by the Department and shall provide a | 20 | | period
of 7 days from the date of the rule to file an answer to | 21 | | the
satisfaction of the Department. Failure to answer to the
| 22 | | satisfaction of the Department shall cause an order to cease | 23 | | and
desist to be issued immediately.
| 24 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 25 | | (225 ILCS 130/85)
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| 1 | | (Section scheduled to be repealed on January 1, 2014)
| 2 | | Sec. 85. Investigation; notice; hearing. Certificates of | 3 | | registration
may be refused, revoked, suspended, or otherwise | 4 | | disciplined in the manner
provided by this Act and not | 5 | | otherwise.
The Department may upon its own motion and shall | 6 | | upon the verified complaint
in
writing of any person setting | 7 | | forth facts that if proven would constitute
grounds for refusal | 8 | | to issue or for suspension or revocation under this Act,
| 9 | | investigate
the
actions of a person applying for, holding, or | 10 | | claiming to hold a certificate of
registration. The Department | 11 | | shall, before refusing to issue or renew a registration ,
| 12 | | suspending, or revoking a certificate of registration or taking | 13 | | other disciplinary or non-disciplinary action
discipline | 14 | | pursuant to Section 75 of
this Act, and at
least 30 days prior | 15 | | to the date set for the hearing, (i) notify in writing the
| 16 | | applicant or registrant licensee of the any charges made and | 17 | | the time and place for a hearing of the charges , shall afford
| 18 | | the applicant or registrant an opportunity to be heard in | 19 | | person or by
counsel in
reference to the charges, and (ii) | 20 | | direct the applicant or registrant to file a
written
answer to | 21 | | the Department under oath within 20 days after the service of | 22 | | the
notice , and (iii) inform the applicant or registrant that | 23 | | failure to file an answer
will
result in default being taken | 24 | | against the applicant or registrant and that the
certificate of | 25 | | registration may be suspended, revoked, placed on probationary
| 26 | | status, or other
disciplinary action may be
taken, including |
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| 1 | | limiting the scope, nature, or extent of practice, as the
| 2 | | Director may deem proper . | 3 | | Written notice and any notice in the subsequent proceeding | 4 | | may be served by personal delivery
to the applicant or | 5 | | registrant or by mailing the notice by registered or certified | 6 | | mail to
the applicant's or registrant's address of record his | 7 | | or her last known place of residence or to the place of | 8 | | business last
specified by the applicant or registrant in his | 9 | | or her last notification
to
the Department . If the person fails | 10 | | to file an answer after receiving
notice, his or her | 11 | | certificate of registration may, in the discretion of the
| 12 | | Department, be
suspended, revoked, or placed on probationary | 13 | | status or the Department may take
whatever disciplinary or | 14 | | non-disciplinary action deemed proper, including limiting the | 15 | | delegated
tasks
or the imposition of a fine, without
a hearing, | 16 | | if the act or acts charged constitute sufficient grounds for | 17 | | such
action under this Act. At the time and place fixed in the | 18 | | notice, the
Department shall proceed to hearing of the charges | 19 | | and the parties and their counsel both the applicant or
| 20 | | registrant and the complainant shall be afforded ample | 21 | | opportunity to present ,
in person
or by counsel, any pertinent | 22 | | statements, testimony, evidence, and arguments that may be
| 23 | | pertinent to the charges or to their defense . The Department | 24 | | may continue a
hearing from time to time.
The
Department may | 25 | | continue a hearing for a period not to exceed 30 days.
| 26 | | (Source: P.A. 93-280, eff. 7-1-04 .)
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| 1 | | (225 ILCS 130/87 new) | 2 | | Sec. 87. Confidentiality. All information collected by the | 3 | | Department in the course of an examination or investigation of | 4 | | a registrant or applicant, including, but not limited to, any | 5 | | complaint against a registrant filed with the Department and | 6 | | information collected to investigate any such complaint shall | 7 | | be maintained for the confidential use of the Department and | 8 | | shall not be disclosed. The Department shall not disclose the | 9 | | information to anyone other than law enforcement officials, | 10 | | regulatory agencies that have an appropriate regulatory | 11 | | interest as determined by the Secretary, or a party presenting | 12 | | a lawful subpoena to the Department. Information and documents | 13 | | disclosed to a federal, State, county, or local law enforcement | 14 | | agency shall not be disclosed by the agency for any purpose to | 15 | | any other agency or person. A formal complaint filed against a | 16 | | registrant by the Department or any order issued by the | 17 | | Department against a registrant or applicant shall be a public | 18 | | record, except as otherwise prohibited by law.
| 19 | | (225 ILCS 130/90)
| 20 | | (Section scheduled to be repealed on January 1, 2014)
| 21 | | Sec. 90. Record of proceedings. The Department, at its
| 22 | | expense, shall preserve a record of all proceedings at a
formal | 23 | | hearing conducted pursuant to Section 85 of this Act. Any | 24 | | registrant who is found to have violated this Act or who fails |
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| 1 | | to appear for a hearing to refuse to issue, restore, or renew a | 2 | | registration or to discipline a registrant may be required by | 3 | | the Department to pay for the costs of the proceeding. These | 4 | | costs are limited to costs for court reporters, transcripts, | 5 | | and witness attendance and mileage fees. All costs imposed | 6 | | under this Section shall be paid within 60 days after the | 7 | | effective date of the order imposing the fine. The
notice of | 8 | | hearing, complaint, and all other documents in the
nature of | 9 | | pleadings and written motions filed in the
proceedings, the | 10 | | transcript of testimony, the report of the
Department or | 11 | | hearing officer, and orders of the Department shall be
the | 12 | | record of the proceeding. The Department shall supply a
| 13 | | transcript of the record to a person interested in the
hearing | 14 | | on payment of the fee required under Section 2105-115 of the | 15 | | Department
of Professional Regulation Law of the Civil | 16 | | Administrative Code of Illinois.
| 17 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 18 | | (225 ILCS 130/95)
| 19 | | (Section scheduled to be repealed on January 1, 2014)
| 20 | | Sec. 95. Order for production of documents. A
circuit court | 21 | | may , upon application of the Department , or its
designee, or of | 22 | | the applicant or registration against whom
proceedings | 23 | | pursuant to Section 85 of this Act are
pending, enter an may | 24 | | order requiring the attendance and testimony of witnesses
and | 25 | | their testimony and the production of relevant documents, |
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| 1 | | papers,
files, books, and records in connection with a hearing | 2 | | or
investigation authorized by this Act . The court may compel
| 3 | | obedience to its order through contempt proceedings.
| 4 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 5 | | (225 ILCS 130/100)
| 6 | | (Section scheduled to be repealed on January 1, 2014)
| 7 | | Sec. 100. Subpoena power. | 8 | | (a) The Department may has the power
to subpoena and bring | 9 | | before it any person in this State and
to take the oral or | 10 | | written testimony or compel the production of any books, | 11 | | papers, records, or any other documents that the Secretary or | 12 | | his or her designee deems relevant or material to any | 13 | | investigation or hearing conducted by the Department orally or | 14 | | by deposition , with the same fees
and mileage and in the same | 15 | | manner as prescribed by law in
judicial proceedings in civil | 16 | | cases in circuit courts of this
State. | 17 | | (b)
The Secretary, the hearing officer, or a certified | 18 | | shorthand court reporter may Director
shall have the authority | 19 | | to administer oaths , at any hearing that
the
Department | 20 | | conducts is authorized to conduct under this Act, oaths to | 21 | | witnesses and any
other oaths authorized to be administered by | 22 | | the Department under this
Act . Notwithstanding any other | 23 | | statute or Department rule to the contrary, all requests for | 24 | | testimony, production of documents, or records shall be in | 25 | | accordance with this Act.
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| 1 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 2 | | (225 ILCS 130/105)
| 3 | | (Section scheduled to be repealed on January 1, 2014)
| 4 | | Sec. 105. Disciplinary report. At the conclusion of the
| 5 | | hearing, the hearing officer Department shall present to the | 6 | | Secretary Director a
written report of his or her its findings | 7 | | of fact, conclusions of law,
and recommendations. In the | 8 | | report, the hearing officer Department shall make a
finding of | 9 | | whether or not the charged registrant or applicant violated a
| 10 | | provision of this Act or its rules and shall specify the
nature | 11 | | of the violation. In making its recommendations for
discipline, | 12 | | the Department may take into consideration all facts
and | 13 | | circumstances bearing upon the reasonableness of the
conduct of | 14 | | the respondent and the potential for future harm
to the public, | 15 | | including but not limited to previous
discipline of that | 16 | | respondent by the Department, intent, degree
of harm to the | 17 | | public and likelihood of harm in the future,
any restitution | 18 | | made, and whether the incident or incidents
complained of | 19 | | appear to be isolated or a pattern of conduct.
In making its | 20 | | recommendations for discipline, the Department shall
seek to | 21 | | ensure that the severity of the discipline
recommended bears | 22 | | some reasonable relationship to the
severity of the violation .
| 23 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 24 | | (225 ILCS 130/110)
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| 1 | | (Section scheduled to be repealed on January 1, 2014)
| 2 | | Sec. 110. Motion for rehearing. In a case involving the | 3 | | refusal to
issue
or renew a registration or the discipline of a | 4 | | registrant, a copy of the
hearing officer's Department's
report | 5 | | shall be served upon the respondent by the
Department, either | 6 | | personally or as provided under Section 20 of this Act
for
the | 7 | | service of the notice of hearing . Within 20 days after
the | 8 | | service, the respondent may present to the Department a
motion | 9 | | in writing for a rehearing, which shall specify
the particular | 10 | | grounds for a rehearing. If no motion for rehearing
is filed, | 11 | | then upon the expiration of the time specified for
filing the | 12 | | motion, or if a motion for rehearing is denied,
then upon the | 13 | | denial the Secretary Director may enter an order in
accordance | 14 | | with recommendations of the Department,
except as provided in | 15 | | Section 115 or 120 of this Act. If
the respondent orders a | 16 | | transcript of the record from the reporting service
and
pays | 17 | | for the transcript within 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. 93-280, eff. 7-1-04 .)
| 22 | | (225 ILCS 130/115)
| 23 | | (Section scheduled to be repealed on January 1, 2014)
| 24 | | Sec. 115. Order of Secretary Director .
| 25 | | (a) The Director shall issue an order
concerning the |
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| 1 | | disposition of the charges (i) following the
expiration of the | 2 | | filing period granted under Section 110 of this Act
if no | 3 | | motion for rehearing is filed or (ii) following a
denial of a | 4 | | timely motion for rehearing.
| 5 | | (b) The Secretary's Director's order shall be based on the
| 6 | | recommendations contained in the Department report unless , | 7 | | after
giving due consideration to the Department's report, the
| 8 | | Secretary Director disagrees in any regard with the report of | 9 | | the
Department, in which case he or she may issue an order in
| 10 | | contravention of the report. The Director shall
provide a | 11 | | written report to the Department on any deviation from
the | 12 | | Department's report and shall specify with particularity the
| 13 | | reasons for his or her deviation in the final order. The
| 14 | | hearing officer's Department's report and Secretary's | 15 | | Director's order are not
admissible in evidence against the | 16 | | person in a criminal
prosecution brought for a violation of | 17 | | this Act, but the
hearing, report, and order are not a bar to a | 18 | | criminal
prosecution brought for the violation of this Act.
| 19 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 20 | | (225 ILCS 130/120)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 120. Hearing officer. The Secretary Director shall | 23 | | have the authority
to
appoint an attorney
licensed to practice | 24 | | law in this State to serve as the
hearing officer in a hearing | 25 | | authorized under Section 90 of this Act.
The hearing officer |
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| 1 | | shall have full authority
to conduct the hearing. The hearing | 2 | | officer
shall report his or her findings of fact, conclusions | 3 | | of law,
and recommendations to the Department.
If the Secretary | 4 | | Director disagrees in any regard with the
report of the | 5 | | Department, he or she may issue
an order in contravention of | 6 | | the report. The Secretary
Director shall provide a written | 7 | | explanation to the Department on
a deviation from the | 8 | | Department's report and shall specify with
particularity the | 9 | | reasons for his or her deviation in the
final order.
| 10 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 11 | | (225 ILCS 130/125)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 125. Rehearing on order of Secretary Director . | 14 | | Whenever the Secretary Director is not satisfied that
| 15 | | substantial justice has been achieved in the discipline of a
| 16 | | registrant, the Secretary Director may order a rehearing by the
| 17 | | same or another hearing officer.
| 18 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 19 | | (225 ILCS 130/130)
| 20 | | (Section scheduled to be repealed on January 1, 2014)
| 21 | | Sec. 130. Order; prima facie proof. An order or a
certified | 22 | | copy of an order, over the seal of the Department and
| 23 | | purporting to be signed by the Secretary Director , shall be
| 24 | | prima facie proof that:
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| 1 | | (1) the signature is the genuine signature of the | 2 | | Secretary Director ;
and
| 3 | | (2) the Secretary Director is duly appointed and | 4 | | qualified.
| 5 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 6 | | (225 ILCS 130/135)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 135. Restoration of registration from discipline . At | 9 | | any time after
the successful completion of a term of | 10 | | indefinite probation, suspension, or revocation of a | 11 | | registration, the Department may restore the registration to | 12 | | active status unless, after an investigation and a hearing, the | 13 | | Secretary determines that restoration is not in the public | 14 | | interest. No person whose registration has been revoked as | 15 | | authorized in this Act may apply for restoration of that | 16 | | registration until such time as provided for in the Civil | 17 | | Administrative Code of Illinois. suspension or revocation of a | 18 | | certificate of registration, the Department
may
restore it to | 19 | | the registrant unless, after an investigation and
a hearing, | 20 | | the Department determines that restoration is not in
the public | 21 | | interest. Where circumstances of suspension or
revocation so | 22 | | indicate, the Department may require an examination of the
| 23 | | registrant
before restoring his or her certificate of | 24 | | registration.
| 25 | | (Source: P.A. 93-280, eff. 7-1-04 .)
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| 1 | | (225 ILCS 130/145)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 145. Summary Temporary suspension. The Secretary
| 4 | | Director may summarily temporarily suspend the registration of | 5 | | a surgical assistant or
surgical technologist
without a
| 6 | | hearing, simultaneously with the
institution of proceedings | 7 | | for a hearing provided for in
Section 85 of this Act, if the | 8 | | Secretary Director finds
that evidence in his or her possession | 9 | | indicates that
continuation in practice would constitute an | 10 | | imminent danger
to the public. If the Secretary Director | 11 | | summarily temporarily suspends
a registration license without | 12 | | a hearing, a hearing by the Department shall be commenced
held | 13 | | within 30 days after the suspension has occurred and
shall be | 14 | | concluded as expeditiously as possible without appreciable | 15 | | delay .
| 16 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 17 | | (225 ILCS 130/150)
| 18 | | (Section scheduled to be repealed on January 1, 2014)
| 19 | | Sec. 150. Certificate of record. The Department shall
not | 20 | | be required to certify any record to a court or file an
answer | 21 | | in court or otherwise appear in a court in a judicial
review | 22 | | proceeding unless and until the Department has received from | 23 | | the plaintiff there is filed in the court, with
the complaint, | 24 | | a receipt from the Department acknowledging
payment of the |
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| 1 | | costs of furnishing and certifying the record , which costs | 2 | | shall be determined by the Department. Exhibits shall be | 3 | | certified without cost .
Failure on the part of the plaintiff to | 4 | | file a receipt in
court shall be grounds for dismissal of the | 5 | | action.
| 6 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 7 | | (225 ILCS 130/165)
| 8 | | (Section scheduled to be repealed on January 1, 2014)
| 9 | | Sec. 165. Civil penalties.
| 10 | | (a) In addition to any other penalty provided by law, a | 11 | | person who
violates Section 35 of this Act shall pay a civil | 12 | | penalty to the
Department in an amount not to exceed $10,000 | 13 | | $5,000 for each offense as determined by
the
Department. The | 14 | | civil penalty shall be assessed by the Department after a
| 15 | | hearing is held in accordance with the provisions set forth in | 16 | | this Act
regarding a hearing for the discipline of a licensee .
| 17 | | (b) The Department has the authority and power to
| 18 | | investigate any and all unregistered activity.
| 19 | | (c) The civil penalty assessed under this Act shall be paid | 20 | | within 60 days
after the effective date
of
the order imposing | 21 | | the civil penalty. The order shall constitute a judgment
and
| 22 | | may be filed and execution had on the judgment in the same | 23 | | manner as a
judgment from a court of record.
| 24 | | (Source: P.A. 93-280, eff. 7-1-04 .)
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| 1 | | Section 99. Effective date. This Act takes effect December | 2 | | 31, 2013.".
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