Full Text of SB0149 95th General Assembly
SB0149eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.18 and by adding Section 4.28 as follows:
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| (5 ILCS 80/4.18)
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| Sec. 4.18. Acts repealed January 1, 2008 and December 31, | 8 |
| 2008.
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| (a) The following Acts
are repealed on January 1, 2008:
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| The Acupuncture Practice Act.
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| The Clinical Social Work and Social Work Practice Act.
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| The Home Medical Equipment and Services Provider | 13 |
| License Act.
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| The Nursing and Advanced Practice Nursing Act.
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| The Illinois Speech-Language Pathology and Audiology | 16 |
| Practice Act.
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| The Marriage and Family Therapy Licensing Act.
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| The Nursing Home Administrators Licensing and | 19 |
| Disciplinary Act.
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| The Pharmacy Practice Act of 1987.
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| The Physician Assistant Practice Act of 1987.
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| The Podiatric Medical Practice Act of 1987.
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| The Structural Pest Control Act.
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| (b) The following Acts are repealed on December 31, 2008: | 2 |
| The Medical Practice Act of 1987. | 3 |
| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | 5 |
| 94-1085, eff. 1-19-07; revised 1-22-07.)
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| (5 ILCS 80/4.28 new) | 7 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 8 |
| Act is repealed on January 1, 2018: | 9 |
| The Physician Assistant Practice Act of 1987. | 10 |
| Section 10. The Physician Assistant Practice Act of 1987 is | 11 |
| amended by changing Sections 3, 4, 7, 10.5, 11, 12, 14.1, 15, | 12 |
| 21, 22, 22.1, 22.2, 22.5, 22.6, 22.7, 22.8, 22.9, 22.10, and | 13 |
| 22.13 as follows:
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| (225 ILCS 95/3) (from Ch. 111, par. 4603)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3. Administrative Procedure Act. The Illinois | 17 |
| Administrative Procedure
Act is hereby expressly adopted and | 18 |
| incorporated herein as if all of the
provisions of that Act | 19 |
| were included in this Act, except that the provision of
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| subsection (d) of Section 10-65 of the Illinois Administrative | 21 |
| Procedure Act
that provides that at hearings the licensee has | 22 |
| the right to show compliance
with all lawful requirements for | 23 |
| retention, continuation or renewal of the
license is |
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| specifically excluded. For the purposes of this Act the notice
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| required under Section 10-25 of the Administrative Procedure | 3 |
| Act is deemed
sufficient when mailed to the last known address | 4 |
| of a party. The Secretary
Director may
promulgate rules for the | 5 |
| administration and enforcement of this Act and may
prescribe | 6 |
| forms to be issued in connection with this Act.
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| (Source: P.A. 88-45.)
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| (225 ILCS 95/4) (from Ch. 111, par. 4604)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 4. In this Act:
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| 1. "Department" means the Department of Financial and
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| Professional Regulation.
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| 2. " Secretary
Director " means the Secretary
Director of | 14 |
| Financial and Professional Regulation.
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| 3. "Physician assistant" means any person not a physician | 16 |
| who has been
certified as a physician assistant by the National | 17 |
| Commission on the
Certification of Physician Assistants or | 18 |
| equivalent successor agency and
performs procedures under the | 19 |
| supervision of a physician as defined in this
Act. A physician | 20 |
| assistant may perform such procedures within the
specialty of | 21 |
| the supervising physician, except that such physician shall
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| exercise such direction, supervision and control over such | 23 |
| physician
assistants as will assure that patients shall receive | 24 |
| quality medical
care. Physician assistants shall be capable of | 25 |
| performing a variety of tasks
within the specialty of medical |
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| care under the supervision of a physician.
Supervision of the | 2 |
| physician assistant shall not be construed to
necessarily | 3 |
| require the personal presence of the supervising physician at
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| all times at the place where services are rendered, as long as | 5 |
| there is
communication available for consultation by radio, | 6 |
| telephone or
telecommunications within established guidelines | 7 |
| as determined by the
physician/physician assistant team. The | 8 |
| supervising physician may delegate
tasks and duties to the | 9 |
| physician assistant. Delegated tasks or duties
shall be | 10 |
| consistent with physician assistant education, training, and
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| experience. The delegated tasks or duties shall be specific to | 12 |
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practice setting and shall be implemented and reviewed | 13 |
| under guidelines
established by the physician or | 14 |
| physician/physician assistant team. A
physician assistant, | 15 |
| acting as an agent of the physician, shall be
permitted to | 16 |
| transmit the supervising physician's orders as determined by
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| the institution's by-laws, policies, procedures, or job | 18 |
| description within
which the physician/physician assistant | 19 |
| team practices. Physician
assistants shall practice only | 20 |
| within the established guidelines.
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| 4. "Board" means the Medical Licensing Board
constituted | 22 |
| under the Medical Practice Act of 1987.
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| 5. "Disciplinary Board" means the Medical Disciplinary | 24 |
| Board constituted
under the Medical Practice Act of 1987.
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| 6. "Physician" means, for purposes of this Act, a person | 26 |
| licensed to
practice medicine in all its branches under the |
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| Medical Practice Act of 1987.
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| 7. "Supervising Physician" means, for the purposes of this | 3 |
| Act, the
primary supervising physician of a physician | 4 |
| assistant, who, within his
specialty and expertise may delegate | 5 |
| a variety of tasks and procedures to
the physician assistant. | 6 |
| Such tasks and procedures shall be delegated
within established | 7 |
| guidelines. The supervising physician maintains the
final | 8 |
| responsibility for the care of the patient and the performance | 9 |
| of the
physician assistant.
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| 8. "Alternate supervising physician" means, for the | 11 |
| purpose of this Act ,
any physician designated by the | 12 |
| supervising physician to provide
supervision in the event that | 13 |
| he or she is unable to provide that supervision for
a period | 14 |
| not to exceed 30 days unless the Department is notified in
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| writing . The Department may further define "alternate | 16 |
| supervising physician" by rule.
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| The alternate supervising physicians shall maintain all | 18 |
| the same
responsibilities as the supervising physician. | 19 |
| Nothing in this Act shall
be construed as relieving any | 20 |
| physician of the professional or legal
responsibility for the | 21 |
| care and treatment of persons attended by him or by
physician | 22 |
| assistants under his supervision. Nothing in this Act shall be
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| construed as to limit the reasonable number of alternate | 24 |
| supervising
physicians, provided they are designated by the | 25 |
| supervising physician.
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| (Source: P.A. 89-361, eff. 8-17-95.)
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| (225 ILCS 95/7) (from Ch. 111, par. 4607)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 7. Supervision requirements. No more than 2 physician
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| assistants shall be supervised
by
the supervising physician, | 5 |
| although a physician assistant shall be able to
hold more than | 6 |
| one professional position. Each supervising physician shall
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| file a notice of supervision of such physician assistant | 8 |
| according to the
rules of the Department. However, the | 9 |
| alternate supervising physician may
supervise more than 2 | 10 |
| physician assistants when
the supervising
physician
is unable | 11 |
| to provide such supervision consistent with the definition of
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| alternate physician in Section 4. It is the responsibility of | 13 |
| the supervising physician to maintain documentation each time | 14 |
| he or she has designated an alternative supervising physician. | 15 |
| This documentation shall include the date alternate | 16 |
| supervisory control began, the date alternate supervisory | 17 |
| control ended, and any other changes. A supervising physician | 18 |
| shall provide a copy of this documentation to the Department, | 19 |
| upon request.
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| Physician assistants shall be supervised only by | 21 |
| physicians as defined in
this Act
who are engaged in clinical | 22 |
| practice, or in clinical practice in
public health or other | 23 |
| community health facilities.
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| Nothing in this Act shall be construed to limit the | 25 |
| delegation of tasks or
duties by a physician to a nurse or |
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| other appropriately trained personnel.
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| Nothing in this Act
shall be construed to prohibit the | 3 |
| employment of physician assistants by
a hospital, nursing home | 4 |
| or other health care facility where such physician
assistants | 5 |
| function under the supervision of a supervising physician.
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| Physician assistants may be employed by the Department of | 7 |
| Corrections or
the Department of Human Services (as successor | 8 |
| to the Department of Mental
Health and Developmental | 9 |
| Disabilities) for service in
facilities maintained by such | 10 |
| Departments and affiliated training
facilities in programs | 11 |
| conducted under the authority of the Director of
Corrections or | 12 |
| the Secretary of Human Services. Each physician assistant
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| employed by the Department of Corrections or the Department of | 14 |
| Human Services
(as successor to the Department of Mental Health | 15 |
| and
Developmental Disabilities) shall be under the supervision | 16 |
| of a physician
engaged in clinical practice and direct patient | 17 |
| care. Duties of each
physician assistant employed by such | 18 |
| Departments are limited to those
within the scope of practice | 19 |
| of the supervising physician who is fully
responsible for all | 20 |
| physician assistant activities.
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| A physician assistant may be employed by a practice group | 22 |
| or other entity
employing multiple physicians at one or more | 23 |
| locations. In that case, one of
the
physicians practicing at a | 24 |
| location shall be designated the supervising
physician. The | 25 |
| other physicians with that practice group or other entity who
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| practice in the same general type of practice or specialty
as |
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| the supervising physician may supervise the physician | 2 |
| assistant with respect
to their patients without being deemed | 3 |
| alternate supervising physicians for the
purpose of this Act.
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| (Source: P.A. 93-149, eff. 7-10-03.)
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| (225 ILCS 95/10.5)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10.5. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 9 |
| to practice, or
holds oneself out to practice as a physician's | 10 |
| assistant without being licensed
under this Act shall, in
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| addition to any other penalty provided by law, pay a civil | 12 |
| penalty to the
Department in an amount not to exceed $10,000
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| $5,000 for each offense as determined by
the Department. The | 14 |
| civil penalty shall be assessed by the Department after a
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| hearing is held in accordance with the provisions set forth in | 16 |
| this Act
regarding the provision of a hearing for the | 17 |
| discipline of a licensee.
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| (b) The Department has the authority and power to | 19 |
| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 21 |
| the effective date
of the order imposing the civil penalty. The | 22 |
| order shall constitute a judgment
and may be filed and | 23 |
| execution had thereon in the same manner as any judgment
from | 24 |
| any court of record.
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| (Source: P.A. 89-474, eff. 6-18-96.)
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| (225 ILCS 95/11) (from Ch. 111, par. 4611)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 11. Committee. There is established a physician | 4 |
| assistant advisory
committee
to the Medical Licensing Board. | 5 |
| The physician assistant advisory
committee shall review and | 6 |
| make recommendations to the
Board regarding all matters | 7 |
| relating to physician assistants. The
physician assistant | 8 |
| advisory committee shall be composed of 7 members.
Three of the | 9 |
| 7 members shall be physicians, 2 of whom shall be members of
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| the Board and appointed to the advisory committee by
the | 11 |
| chairman. One physician, not a member of the Board,
shall be a | 12 |
| supervisor of a certified physician assistant and
shall be | 13 |
| approved by the Governor from a list of Illinois physicians
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| supervising certified physician assistants. Three members | 15 |
| shall be
physician assistants, certified under the law and | 16 |
| appointed by the Governor
from a list of 10 names recommended | 17 |
| by the Board of Directors of the
Illinois Academy of Physician | 18 |
| Assistants. One member, not employed or
having any material | 19 |
| interest in any health care field, shall be appointed
by the | 20 |
| Governor and represent the public. The chairman of the | 21 |
| physician
assistant advisory committee shall be a member | 22 |
| elected by a majority vote
of the physician assistant advisory | 23 |
| committee unless already a member of
the Board. The physician | 24 |
| assistant advisory committee
is required to meet and report to | 25 |
| the Board as physician assistant issues arise. The terms of |
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| office of each of the
original 7 members shall be at staggered | 2 |
| intervals. One physician and one
physician assistant shall | 3 |
| serve for a 2 year term. One physician and one
physician | 4 |
| assistant shall serve a 3 year term. One physician, one | 5 |
| physician
assistant and the public member shall serve a 4 year | 6 |
| term. Upon the
expiration of the term of any member, his | 7 |
| successor shall be appointed for
a term of 4 years in the same | 8 |
| manner as the initial appointment. No member
shall serve more | 9 |
| than 2 consecutive terms.
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| The members of the physician assistant advisory committee | 11 |
| shall be
reimbursed for all
authorized legitimate and necessary | 12 |
| expenses incurred in attending the meetings
of the committee.
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| A majority of the physician assistant advisory committee | 14 |
| members currently
appointed
shall constitute a quorum. A | 15 |
| vacancy in the membership of the committee shall
not impair the | 16 |
| right of a quorum to perform all of the duties of the | 17 |
| committee.
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| Members of the physician assistant advisory committee | 19 |
| shall have no liability
for any
action based upon a | 20 |
| disciplinary proceeding or other activity performed in good
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| faith as a member of the committee.
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| (Source: P.A. 90-61, eff. 12-30-97; 91-827, eff. 6-13-00.)
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| (225 ILCS 95/12) (from Ch. 111, par. 4612)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 12. A person shall be qualified for licensure as a |
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| physician
assistant and the Department may issue a physician | 2 |
| assistant license to a
if that person who :
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| 1. Has applied in writing in form and substance | 4 |
| satisfactory to the
Department and has not violated any of the | 5 |
| provisions of Section 21 of this
Act or the rules promulgated | 6 |
| hereunder. The Department may take into
consideration any | 7 |
| felony conviction of the applicant but such conviction
shall | 8 |
| not operate as an absolute bar to licensure; and
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| 2. Has successfully completed the examination provided by | 10 |
| the National
Commission on the Certification of Physician's | 11 |
| Assistant or its successor
agency ;
. | 12 |
| 3. Holds a certificate issued by the National Commission on | 13 |
| the Certification of Physician Assistants or an equivalent | 14 |
| successor agency; and | 15 |
| 4. Complies with all applicable rules of the Department.
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| (Source: P.A. 85-981.)
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| (225 ILCS 95/14.1)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 14.1. Fees.
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| (a) Fees collected for the administration of this Act shall | 21 |
| be set by the
The Department by rule
shall provide by rule for | 22 |
| a schedule of
fees to
be paid for licenses by all applicants . | 23 |
| All fees are not refundable.
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| (b) (Blank).
Except as provided in subsection (c) below, | 25 |
| the fees for the
administration and enforcement of this Act, |
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| including but not limited to
original licensure, renewal, and | 2 |
| restoration, shall be set by rule.
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| (c) All moneys collected under this Act by the Department | 4 |
| shall be
deposited in the Illinois State Medical Disciplinary | 5 |
| Fund in the State
Treasury and used (1) in the exercise of its | 6 |
| powers and performance of its
duties under this Act, as such | 7 |
| use is made by the Department; (2) for costs
directly
related | 8 |
| to license renewal of persons licensed under this Act; and (3) | 9 |
| for the
costs
incurred by the physician assistant advisory | 10 |
| committee in the exercise of its
powers and performance of its | 11 |
| duties under this Act, as such use is made by the
Department; | 12 |
| and (4) for direct and allocable indirect costs related to the
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| public purposes of the Department of Professional Regulation .
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| All earnings received from investment of moneys in the | 15 |
| Illinois State
Medical Disciplinary Fund shall be deposited | 16 |
| into the Illinois State Medical
Disciplinary Fund and shall be | 17 |
| used for the same purposes as fees deposited in
the Fund.
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| (Source: P.A. 90-61, eff. 12-30-97.)
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| (225 ILCS 95/15) (from Ch. 111, par. 4615)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 15. Endorsement. Upon payment of the required fee, the | 22 |
| Department may, in its discretion, license as a physician | 23 |
| assistant, an
An applicant who is
may be approved as a | 24 |
| physician assistant who
has been licensed or approved in | 25 |
| another jurisdiction, if the requirements for licensure in that |
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| jurisdiction were, at the time of licensure,
state which has
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| substantially equivalent to the requirements in force in this | 3 |
| State on that date or equivalent to the requirements of this | 4 |
| Act
the
same requirements, and to whom the applicant applies | 5 |
| and pays a fee
determined by the Department .
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| (Source: P.A. 85-981.)
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| (225 ILCS 95/21) (from Ch. 111, par. 4621)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 21. Grounds for disciplinary action.
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| (a) The Department may refuse to issue or to renew, or may
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| revoke, suspend, place on probation, censure or reprimand, or | 12 |
| take other
disciplinary or non-disciplinary action with regard | 13 |
| to any license issued under this Act as the
Department may deem | 14 |
| proper, including the issuance of fines not to exceed
$10,000
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| $5000 for each violation, for any one or combination of the | 16 |
| following causes:
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| (1) Material misstatement in furnishing information to | 18 |
| the Department.
| 19 |
| (2) Violations of this Act, or the rules adopted under | 20 |
| this Act.
| 21 |
| (3) Conviction of or entry of a plea of guilty or nolo | 22 |
| contendere to any crime that is a felony under the laws of | 23 |
| the United States or any state or territory thereof
any | 24 |
| U.S. jurisdiction that
is a felony or that is a | 25 |
| misdemeanor, an essential element of which is
dishonesty, |
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| or of any crime that
which is directly related to the | 2 |
| practice of the
profession.
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| (4) Making any misrepresentation for the purpose of | 4 |
| obtaining licenses.
| 5 |
| (5) Professional incompetence.
| 6 |
| (6) Aiding or assisting another person in violating any | 7 |
| provision of this
Act or its rules.
| 8 |
| (7) Failing, within 60 days, to provide information in | 9 |
| response to a
written request made by the Department.
| 10 |
| (8) Engaging in dishonorable, unethical, or | 11 |
| unprofessional conduct, as
defined by rule, of a character | 12 |
| likely to deceive, defraud, or harm the public.
| 13 |
| (9) Habitual or excessive use or addiction to alcohol, | 14 |
| narcotics,
stimulants, or any other chemical agent or drug | 15 |
| that results in a physician
assistant's inability to | 16 |
| practice with reasonable judgment, skill, or safety.
| 17 |
| (10) Discipline by another U.S. jurisdiction or | 18 |
| foreign nation, if at
least one of the grounds for | 19 |
| discipline is the same or substantially equivalent
to those | 20 |
| set forth in this Section.
| 21 |
| (11) Directly or indirectly giving to or receiving from | 22 |
| any person, firm,
corporation, partnership, or association | 23 |
| any fee, commission, rebate or
other form of compensation | 24 |
| for any professional services not actually or
personally | 25 |
| rendered.
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| (12) A finding by the Disciplinary Board that the |
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| licensee, after having
his or her license placed on | 2 |
| probationary status has violated the terms of
probation.
| 3 |
| (13) Abandonment of a patient.
| 4 |
| (14) Willfully making or filing false records or | 5 |
| reports in his or her
practice, including but not limited | 6 |
| to false records filed with state agencies
or departments.
| 7 |
| (15) Willfully failing to report an instance of | 8 |
| suspected child abuse or
neglect as required by the Abused | 9 |
| and Neglected Child Reporting Act.
| 10 |
| (16) Physical illness, or mental illness or impairment
| 11 |
| including but not limited to deterioration
through the | 12 |
| aging process, or loss of motor skill, mental illness, or
| 13 |
| disability that results in the inability to practice the | 14 |
| profession with
reasonable judgment, skill , or safety , | 15 |
| including, but not limited to, deterioration through the | 16 |
| aging process or loss of motor skill .
| 17 |
| (17) Being named as a perpetrator in an indicated | 18 |
| report by the
Department of Children and Family Services | 19 |
| under the Abused and
Neglected Child Reporting Act, and | 20 |
| upon proof by clear and convincing evidence
that the | 21 |
| licensee has caused a child to be an abused child or | 22 |
| neglected child
as defined in the Abused and Neglected | 23 |
| Child Reporting Act.
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| (18) (Blank).
Conviction in this State or another state | 25 |
| of any crime that is a
felony under the laws of this State, | 26 |
| or conviction of a felony in a federal
court.
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| (19) Gross negligence
malpractice resulting in | 2 |
| permanent injury or death
of a patient.
| 3 |
| (20) Employment of fraud, deception or any unlawful | 4 |
| means in applying for
or securing a license as a physician | 5 |
| assistant.
| 6 |
| (21) Exceeding the authority delegated to him or her by | 7 |
| his or her
supervising physician in guidelines established | 8 |
| by the physician/physician
assistant
team.
| 9 |
| (22) Immoral conduct in the commission of any act, such | 10 |
| as sexual abuse,
sexual misconduct or sexual exploitation | 11 |
| related to the licensee's practice.
| 12 |
| (23) Violation of the Health Care Worker Self-Referral | 13 |
| Act.
| 14 |
| (24) Practicing under a false or assumed name, except | 15 |
| as provided by law.
| 16 |
| (25) Making a false or misleading statement regarding | 17 |
| his or her skill or
the efficacy or value of the medicine, | 18 |
| treatment, or remedy prescribed by him
or her in the course | 19 |
| of treatment.
| 20 |
| (26) Allowing another person to use his or her license | 21 |
| to practice.
| 22 |
| (27) Prescribing, selling, administering, | 23 |
| distributing, giving, or
self-administering a drug | 24 |
| classified as a controlled substance (designated
product) | 25 |
| or narcotic for other than medically-accepted therapeutic | 26 |
| purposes.
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|
| 1 |
| (28) Promotion of the sale of drugs, devices, | 2 |
| appliances, or goods
provided for a patient in a manner to | 3 |
| exploit the patient for financial gain.
| 4 |
| (29) A pattern of practice or other behavior that | 5 |
| demonstrates incapacity
or incompetence to practice under | 6 |
| this Act.
| 7 |
| (30) Violating State or federal laws or regulations | 8 |
| relating to controlled
substances or other legend drugs .
| 9 |
| (31) Exceeding the limited prescriptive authority | 10 |
| delegated by the
supervising physician or violating the | 11 |
| written guidelines delegating that
authority.
| 12 |
| (32) Practicing without providing to the Department a | 13 |
| notice of
supervision or delegation of
prescriptive | 14 |
| authority.
| 15 |
| (b) The Department may , without a hearing, refuse to issue | 16 |
| or renew or may suspend the license of any
person who fails to | 17 |
| file a return, or to pay the tax, penalty or interest
shown in | 18 |
| a filed return, or to pay any final assessment of the tax,
| 19 |
| penalty, or interest as required by any tax Act administered by | 20 |
| the
Illinois Department of Revenue, until such time as the | 21 |
| requirements of any
such tax Act are satisfied.
| 22 |
| (c) The determination by a circuit court that a licensee is | 23 |
| subject to
involuntary admission or judicial admission as | 24 |
| provided in the Mental Health
and Developmental Disabilities | 25 |
| Code operates as an automatic suspension.
The
suspension will | 26 |
| end only upon a finding by a court that the patient is no
|
|
|
|
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|
| 1 |
| longer subject to involuntary admission or judicial admission | 2 |
| and issues an
order so finding and discharging the patient, and | 3 |
| upon the
recommendation of
the Disciplinary Board to the | 4 |
| Secretary
Director that the licensee be allowed to resume
his | 5 |
| or her practice.
| 6 |
| (d) In enforcing this Section, the Department upon a | 7 |
| showing of a
possible
violation may compel an individual | 8 |
| licensed to practice under this Act, or
who has applied for | 9 |
| licensure under this Act, to submit
to a mental or physical | 10 |
| examination, or both, as required by and at the expense
of the | 11 |
| Department. The Department may order the examining physician to
| 12 |
| present
testimony concerning the mental or physical | 13 |
| examination of the licensee or
applicant. No information shall | 14 |
| be excluded by reason of any common law or
statutory privilege | 15 |
| relating to communications between the licensee or
applicant | 16 |
| and the examining physician. The examining
physicians
shall be | 17 |
| specifically designated by the Department.
The individual to be | 18 |
| examined may have, at his or her own expense, another
physician | 19 |
| of his or her choice present during all
aspects of this | 20 |
| examination. Failure of an individual to submit to a mental
or
| 21 |
| physical examination, when directed, shall be grounds for | 22 |
| suspension of his or
her
license until the individual submits | 23 |
| to the examination if the Department
finds,
after notice and | 24 |
| hearing, that the refusal to submit to the examination was
| 25 |
| without reasonable cause.
| 26 |
| If the Department finds an individual unable to practice |
|
|
|
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|
| 1 |
| because of
the
reasons
set forth in this Section, the | 2 |
| Department may require that individual
to submit
to
care, | 3 |
| counseling, or treatment by physicians approved
or designated | 4 |
| by the Department, as a condition, term, or restriction
for | 5 |
| continued,
reinstated, or
renewed licensure to practice; or, in | 6 |
| lieu of care, counseling, or treatment,
the Department may file
| 7 |
| a complaint to immediately
suspend, revoke, or otherwise | 8 |
| discipline the license of the individual.
An individual whose
| 9 |
| license was granted, continued, reinstated, renewed, | 10 |
| disciplined, or supervised
subject to such terms, conditions, | 11 |
| or restrictions, and who fails to comply
with
such terms, | 12 |
| conditions, or restrictions, shall be referred to the Secretary
| 13 |
| Director for
a
determination as to whether the individual shall | 14 |
| have his or her license
suspended immediately, pending a | 15 |
| hearing by the Department.
| 16 |
| In instances in which the Secretary
Director immediately | 17 |
| suspends a person's license
under this Section, a hearing on | 18 |
| that person's license must be convened by
the Department within | 19 |
| 15 days after the suspension and completed without
appreciable
| 20 |
| delay.
The Department shall have the authority to review the | 21 |
| subject
individual's record of
treatment and counseling | 22 |
| regarding the impairment to the extent permitted by
applicable | 23 |
| federal statutes and regulations safeguarding the | 24 |
| confidentiality of
medical records.
| 25 |
| An individual licensed under this Act and affected under | 26 |
| this Section shall
be
afforded an opportunity to demonstrate to |
|
|
|
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|
| 1 |
| the Department that he or
she can resume
practice in compliance | 2 |
| with acceptable and prevailing standards under the
provisions | 3 |
| of his or her license.
| 4 |
| (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
| 5 |
| 90-655, eff. 7-30-98.)
| 6 |
| (225 ILCS 95/22) (from Ch. 111, par. 4622)
| 7 |
| (Section scheduled to be repealed on January 1, 2008)
| 8 |
| Sec. 22. Returned checks; fines. Any person who delivers a | 9 |
| check or other payment to the Department that
is returned to | 10 |
| the Department unpaid by the financial institution upon
which | 11 |
| it is drawn shall pay to the Department, in addition to the | 12 |
| amount
already owed to the Department, a fine of $50. The fines | 13 |
| imposed by this Section are in addition
to any other discipline | 14 |
| provided under this Act for unlicensed
practice or practice on | 15 |
| a nonrenewed license. The Department shall notify
the person | 16 |
| that payment of fees and fines shall be paid to the Department
| 17 |
| by certified check or money order within 30 calendar days of | 18 |
| the
notification. If, after the expiration of 30 days from the | 19 |
| date of the
notification, the person has failed to submit the | 20 |
| necessary remittance, the
Department shall automatically | 21 |
| terminate the license or certificate or deny
the application, | 22 |
| without hearing. If, after termination or denial, the
person | 23 |
| seeks a license or certificate, he or she shall apply to the
| 24 |
| Department for restoration or issuance of the license or | 25 |
| certificate and
pay all fees and fines due to the Department. |
|
|
|
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|
| 1 |
| The Department may establish
a fee for the processing of an | 2 |
| application for restoration of a license or
certificate to pay | 3 |
| all expenses of processing this application. The Secretary
| 4 |
| Director
may waive the fines due under this Section in | 5 |
| individual cases where the Secretary
Director finds that the | 6 |
| fines would be unreasonable or unnecessarily
burdensome.
| 7 |
| (Source: P.A. 92-146, eff. 1-1-02.)
| 8 |
| (225 ILCS 95/22.1) (from Ch. 111, par. 4622.1)
| 9 |
| (Section scheduled to be repealed on January 1, 2008)
| 10 |
| Sec. 22.1. Injunction.
| 11 |
| (a) If any person violates the provision of this Act, the | 12 |
| Secretary
Director may, in the name of the People of the State | 13 |
| of Illinois, through
the Attorney General of the State of | 14 |
| Illinois, or the State's Attorney of
any county in which the | 15 |
| action is brought, petition for an order enjoining
the | 16 |
| violation or for an order enforcing compliance with this Act.
| 17 |
| Upon
the filing of a verified petition in court, the court may | 18 |
| issue a temporary
restraining order, without notice or bond, | 19 |
| and may preliminarily and
permanently enjoin such violation, | 20 |
| and if it is established that such
person has violated or is | 21 |
| violating the injunction, the Court may punish
the offender for | 22 |
| contempt of court. Proceedings under this Section shall
be in | 23 |
| addition to, and not in lieu of, all other remedies and | 24 |
| penalties
provided by this Act.
| 25 |
| (b) If any person shall practice as a physician assistant |
|
|
|
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|
| 1 |
| or hold
himself or herself out as a physician assistant without | 2 |
| being licensed
under the
provisions of this Act, then any | 3 |
| licensed physician assistant, any
interested party or any | 4 |
| person injured thereby may, in addition to the Secretary
| 5 |
| Director , petition for relief as provided in subsection (a) of | 6 |
| this Section.
| 7 |
| (c) Whenever in the opinion of the Department any person | 8 |
| violates any
provision of this Act, the Department may issue a | 9 |
| rule to show cause why an
order to cease and desist should not | 10 |
| be entered against him. The rule
shall clearly set forth the | 11 |
| grounds relied upon by the Department and shall
provide a | 12 |
| period of 7 days from the date of the rule to file an answer to
| 13 |
| the satisfaction of the Department. Failure to answer to the | 14 |
| satisfaction
of the Department shall cause an order to cease | 15 |
| and desist to be issued
forthwith.
| 16 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 17 |
| (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
| 18 |
| (Section scheduled to be repealed on January 1, 2008)
| 19 |
| Sec. 22.2. Investigation; notice; hearing. The Department | 20 |
| may investigate
the actions of any applicant
or of any person | 21 |
| or persons holding or claiming to hold a license. The
| 22 |
| Department shall, before suspending, revoking, placing on | 23 |
| probationary
status, or taking any other disciplinary action as | 24 |
| the Department may deem
proper with regard to any license, at | 25 |
| least 30 days prior to
the date set for the hearing, notify the |
|
|
|
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LRB095 06389 RAS 26486 b |
|
| 1 |
| applicant or licensee
in writing of any charges
made and the | 2 |
| time and place for a hearing of the charges before the
| 3 |
| Disciplinary Board, direct him or her to file his or her | 4 |
| written answer
thereto to the
Disciplinary Board under oath | 5 |
| within 20 days after the service on him or
her of
such notice | 6 |
| and inform him or her that if he or she fails to file such
| 7 |
| answer default
will be taken against him or her and his or her
| 8 |
| license may be suspended, revoked, placed on probationary
| 9 |
| status, or have other disciplinary action, including limiting | 10 |
| the scope,
nature or extent of his or her practice, as the | 11 |
| Department may deem proper
taken
with regard thereto. Such | 12 |
| written notice may be served by personal
delivery or certified | 13 |
| or registered mail at the last address of his or her
last
| 14 |
| notification to the Department. At the time and place fixed in | 15 |
| the notice,
the Department shall proceed to hear the charges | 16 |
| and the parties or their
counsel shall be accorded ample | 17 |
| opportunity to present such statements,
testimony, evidence, | 18 |
| and argument as may be pertinent to the charges or to
the | 19 |
| defense thereto. The Department may continue such hearing from | 20 |
| time to
time. In case the applicant or licensee, after | 21 |
| receiving
notice, fails to file an
answer, his or her license | 22 |
| may in the discretion of the Secretary
Director ,
having | 23 |
| received first the recommendation of the Disciplinary Board, be
| 24 |
| suspended, revoked, placed on probationary status, or the | 25 |
| Secretary
Director may take
whatever disciplinary action as he | 26 |
| or she may deem proper, including
limiting the
scope, nature, |
|
|
|
SB0149 Engrossed |
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LRB095 06389 RAS 26486 b |
|
| 1 |
| or extent of such person's practice, without a hearing, if
the | 2 |
| act or acts charged constitute sufficient grounds for such | 3 |
| action
under this Act.
| 4 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 5 |
| (225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 7 |
| Sec. 22.5. Subpoena power; oaths. The Department shall have | 8 |
| power to
subpoena and bring
before it any person and to take | 9 |
| testimony either orally or
by deposition or both, with the same | 10 |
| fees and mileage and in the same
manner as prescribed by law in | 11 |
| judicial proceedings in civil cases in
circuit courts of this | 12 |
| State.
| 13 |
| The Secretary
Director , the designated hearing officer, | 14 |
| and any member of the
Disciplinary Board designated by the | 15 |
| Secretary
Director shall each have power to administer oaths to | 16 |
| witnesses at any
hearing which the Department is authorized to | 17 |
| conduct under this Act and
any other oaths required or | 18 |
| authorized to be administered by the
Department under this Act.
| 19 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 20 |
| (225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
| 21 |
| (Section scheduled to be repealed on January 1, 2008)
| 22 |
| Sec. 22.6. At the conclusion of the hearing the | 23 |
| Disciplinary Board shall
present to the Secretary
Director a | 24 |
| written report of its findings of fact,
conclusions of law and |
|
|
|
SB0149 Engrossed |
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LRB095 06389 RAS 26486 b |
|
| 1 |
| recommendations. The report shall contain a finding
whether or | 2 |
| not the accused person violated this Act or failed to comply
| 3 |
| with the conditions required in this Act. The Disciplinary | 4 |
| Board shall
specify the nature of the violation or failure to | 5 |
| comply, and shall make
its recommendations to the Secretary
| 6 |
| Director .
| 7 |
| The report of findings of fact, conclusions of law and | 8 |
| recommendation of
the Disciplinary Board shall be the basis for | 9 |
| the Department's order or
refusal or for the granting of a | 10 |
| license or permit. If the Secretary
Director
disagrees in any | 11 |
| regard with the report of the Disciplinary Board, the Secretary
| 12 |
| Director may issue an order in contravention thereof. The | 13 |
| Secretary
Director shall
provide a written report to the | 14 |
| Disciplinary Board on any deviation, and
shall specify with | 15 |
| particularity the reasons
for such action in the final order. | 16 |
| The finding is not admissible in
evidence against the person in | 17 |
| a criminal prosecution brought for the
violation of this Act, | 18 |
| but the hearing and finding are not a bar to a
criminal | 19 |
| prosecution brought for the violation of this Act.
| 20 |
| (Source: P.A. 85-981.)
| 21 |
| (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
| 22 |
| (Section scheduled to be repealed on January 1, 2008)
| 23 |
| Sec. 22.7. Hearing officer. Notwithstanding the provisions | 24 |
| of Section
22.2 of this
Act, the Secretary
Director shall have | 25 |
| the authority to appoint any attorney duly
licensed to practice |
|
|
|
SB0149 Engrossed |
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LRB095 06389 RAS 26486 b |
|
| 1 |
| law in the State of Illinois to serve as the hearing
officer in | 2 |
| any action for refusal to issue or renew, or for
discipline of, | 3 |
| a license. The Secretary
Director shall notify the Disciplinary | 4 |
| Board of
any
such
appointment. The hearing officer shall have | 5 |
| full authority to conduct the
hearing. The hearing officer | 6 |
| shall report his or her findings of fact,
conclusions of law, | 7 |
| and recommendations to the Disciplinary Board and the Secretary
| 8 |
| Director . The Disciplinary Board shall have 60 days from | 9 |
| receipt of the
report to review the report of the hearing | 10 |
| officer and present their
findings of fact, conclusions of law, | 11 |
| and recommendations to the Secretary
Director .
If the | 12 |
| Disciplinary Board fails to present its report within the 60 | 13 |
| day
period , the Secretary may
Director shall issue an order | 14 |
| based on the report of the
hearing officer. If the Secretary
| 15 |
| Director disagrees in any regard with the report
of the | 16 |
| Disciplinary Board or hearing officer, he or she may issue an | 17 |
| order
in
contravention thereof. The Secretary
Director shall | 18 |
| provide a written explanation to
the Disciplinary Board on any | 19 |
| such deviation, and shall specify with
particularity the | 20 |
| reasons for such action in the final order.
| 21 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 22 |
| (225 ILCS 95/22.8) (from Ch. 111, par. 4622.8)
| 23 |
| (Section scheduled to be repealed on January 1, 2008)
| 24 |
| Sec. 22.8. In any case involving the refusal to issue, | 25 |
| renew or discipline
of a license, a copy of the Disciplinary |
|
|
|
SB0149 Engrossed |
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LRB095 06389 RAS 26486 b |
|
| 1 |
| Board's report shall be served upon
the respondent by the | 2 |
| Department, either personally or as provided in this
Act for | 3 |
| the service of the notice of hearing. Within 20 days after such
| 4 |
| service, the respondent may present to the Department a motion | 5 |
| in writing
for a rehearing, which motion shall specify the | 6 |
| particular grounds therefor.
If no motion for rehearing is | 7 |
| filed, then upon the expiration of the time
specified for | 8 |
| filing such a motion, or if a motion for rehearing is denied,
| 9 |
| then upon such denial the Secretary
Director may enter an order | 10 |
| in accordance with
recommendations of the Disciplinary Board | 11 |
| except as provided in
Section 22.6 or 22.7 of this Act. If the | 12 |
| respondent shall order from the
reporting service, and pay for | 13 |
| a transcript of the record within the time
for filing a motion | 14 |
| for rehearing, the 20 day period within which such a
motion may | 15 |
| be filed shall commence upon the delivery of the transcript to
| 16 |
| the respondent.
| 17 |
| (Source: P.A. 85-981.)
| 18 |
| (225 ILCS 95/22.9) (from Ch. 111, par. 4622.9)
| 19 |
| (Section scheduled to be repealed on January 1, 2008)
| 20 |
| Sec. 22.9. Whenever the Secretary
Director is satisfied | 21 |
| that substantial
justice has not been done in the revocation, | 22 |
| suspension or refusal to issue
or renew a license, the | 23 |
| Secretary
Director may order a rehearing by the same or
another | 24 |
| hearing officer or Disciplinary Board.
| 25 |
| (Source: P.A. 85-981.)
|
|
|
|
SB0149 Engrossed |
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LRB095 06389 RAS 26486 b |
|
| 1 |
| (225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
| 2 |
| (Section scheduled to be repealed on January 1, 2008)
| 3 |
| Sec. 22.10. Order or certified copy; prima facie proof. An | 4 |
| order or a
certified copy thereof, over the seal of the | 5 |
| Department and purporting to be
signed by the Secretary
| 6 |
| Director , shall be prima facie proof that:
| 7 |
| (a) the signature is the genuine signature of the | 8 |
| Secretary
Director ;
| 9 |
| (b) the Secretary
Director is duly appointed and | 10 |
| qualified;
and
| 11 |
| (c) the Disciplinary Board and the members thereof are | 12 |
| qualified
to act.
| 13 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 14 |
| (225 ILCS 95/22.13) (from Ch. 111, par. 4622.13)
| 15 |
| (Section scheduled to be repealed on January 1, 2008)
| 16 |
| Sec. 22.13. The Secretary
Director may temporarily suspend | 17 |
| the license
of a physician assistant without a hearing, | 18 |
| simultaneously with
the institution of proceedings for a | 19 |
| hearing provided for in
Section 22.2 of this Act, if the | 20 |
| Secretary
Director finds that evidence
in his possession | 21 |
| indicates that continuation in practice would
constitute an | 22 |
| imminent danger to the public. In the event that
the Secretary
| 23 |
| Director suspends, temporarily, this license without a | 24 |
| hearing,
a hearing by the Department must be held within 30 |
|
|
|
SB0149 Engrossed |
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LRB095 06389 RAS 26486 b |
|
| 1 |
| days after such
suspension has occurred, and concluded without | 2 |
| appreciable delay.
| 3 |
| (Source: P.A. 85-981.)
| 4 |
| (225 ILCS 95/14 rep.)
| 5 |
| Section 15. The Physician Assistant Practice Act of 1987 is | 6 |
| amended by repealing Section 14.
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
|
|
|
|
SB0149 Engrossed |
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LRB095 06389 RAS 26486 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 5 ILCS 80/4.18 |
|
| 4 |
| 5 ILCS 80/4.28 new |
|
| 5 |
| 225 ILCS 95/3 |
from Ch. 111, par. 4603 |
| 6 |
| 225 ILCS 95/4 |
from Ch. 111, par. 4604 |
| 7 |
| 225 ILCS 95/7 |
from Ch. 111, par. 4607 |
| 8 |
| 225 ILCS 95/10.5 |
|
| 9 |
| 225 ILCS 95/11 |
from Ch. 111, par. 4611 |
| 10 |
| 225 ILCS 95/12 |
from Ch. 111, par. 4612 |
| 11 |
| 225 ILCS 95/14.1 |
|
| 12 |
| 225 ILCS 95/15 |
from Ch. 111, par. 4615 |
| 13 |
| 225 ILCS 95/21 |
from Ch. 111, par. 4621 |
| 14 |
| 225 ILCS 95/22 |
from Ch. 111, par. 4622 |
| 15 |
| 225 ILCS 95/22.1 |
from Ch. 111, par. 4622.1 |
| 16 |
| 225 ILCS 95/22.2 |
from Ch. 111, par. 4622.2 |
| 17 |
| 225 ILCS 95/22.5 |
from Ch. 111, par. 4622.5 |
| 18 |
| 225 ILCS 95/22.6 |
from Ch. 111, par. 4622.6 |
| 19 |
| 225 ILCS 95/22.7 |
from Ch. 111, par. 4622.7 |
| 20 |
| 225 ILCS 95/22.8 |
from Ch. 111, par. 4622.8 |
| 21 |
| 225 ILCS 95/22.9 |
from Ch. 111, par. 4622.9 |
| 22 |
| 225 ILCS 95/22.10 |
from Ch. 111, par. 4622.10 |
| 23 |
| 225 ILCS 95/22.13 |
from Ch. 111, par. 4622.13 |
| 24 |
| 225 ILCS 95/14 rep. |
|
| |
|