(225 ILCS 106/1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1.
Short title.
This Act may be cited as the Respiratory Care Practice Act.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5.
Declaration of public policy.
The practice of respiratory care is hereby declared to affect the public
health, safety, and welfare and to be subject to regulation in the public
interest. The purpose of the Act is to protect and benefit the public by
setting standards of qualifications, education, training, and experience for
those who seek to obtain a license and hold the title of respiratory care
practitioner, to promote high standards of professional performance for those
licensed to practice respiratory care in the State of Illinois, and to protect
the public from unprofessional conduct by persons licensed to practice
respiratory care.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 10. Definitions. In this Act:
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department. "Advanced practice registered nurse" means an advanced practice registered nurse licensed under the Nurse Practice Act.
"Board" means the Respiratory Care Board appointed by the Secretary. "Basic respiratory care activities" means and includes all of the following activities: (1) Cleaning, disinfecting, and sterilizing equipment | ||
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(2) Assembling equipment used in the practice of | ||
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(3) Collecting and reviewing patient data through | ||
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(4) Maintaining a nasal cannula or face mask for | ||
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(5) Assembling a nasal cannula or face mask for | ||
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(6) Maintaining a patient's natural airway by | ||
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(7) Performing assisted ventilation during emergency | ||
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(8) Using a manual resuscitator at the direction of a | ||
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"Basic respiratory care activities" does not mean activities that involve any of the following:
(1) Specialized knowledge that results from a course | ||
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(2) An unreasonable risk of a negative outcome for | ||
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(3) The assessment or making of a decision concerning | ||
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(4) The administration of aerosol medication or | ||
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(5) The insertion and maintenance of an artificial | ||
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(6) Mechanical ventilatory support. (7) Patient assessment. (8) Patient education.
(9) The transferring of oxygen devices, for purposes | ||
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"Department" means the Department of Financial and Professional Regulation.
"Licensed" means that which is required to hold oneself
out as
a respiratory care
practitioner as defined in this Act.
"Licensed health care professional" means a physician licensed to practice medicine in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant.
"Order" means a written, oral, or telecommunicated authorization for respiratory care services for a patient by (i) a licensed health care professional who maintains medical supervision of the patient and makes a diagnosis or verifies that the patient's condition is such that it may be treated by a respiratory care practitioner or (ii) a certified registered nurse anesthetist in a licensed hospital or ambulatory surgical treatment center.
"Other authorized licensed personnel" means a licensed respiratory care practitioner, a licensed registered nurse, or a licensed practical nurse whose scope of practice authorizes the professional to supervise an individual who is not licensed, certified, or registered as a health professional. "Proximate supervision" means a situation in which an individual is
responsible for directing the actions of another individual in the facility and is physically close enough to be readily available, if needed, by the supervised individual.
"Respiratory care" and "cardiorespiratory care"
mean preventative services, evaluation and assessment services, therapeutic services, cardiopulmonary disease management, and rehabilitative services under the order of a licensed health care professional for an individual with a disorder, disease, or abnormality of the cardiopulmonary system. These terms include, but are not limited to, measuring, observing, assessing, and monitoring signs and symptoms, reactions, general behavior, and general physical response of individuals to respiratory care services, including the determination of whether those signs, symptoms, reactions, behaviors, or general physical responses exhibit abnormal characteristics; the administration of pharmacological and therapeutic agents and procedures related to respiratory care services; the collection of blood specimens and other bodily fluids and tissues for, and the performance of, cardiopulmonary diagnostic testing procedures, including, but not limited to, blood gas analysis; development, implementation, and modification of respiratory care treatment plans based on assessed abnormalities of the cardiopulmonary system, respiratory care guidelines, referrals, and orders of a licensed health care professional; application, operation, and management of mechanical ventilatory support and other means of life support, including, but not limited to, hemodynamic cardiovascular support; and the initiation of emergency procedures under the rules promulgated by the Department. A respiratory care practitioner shall refer to a physician licensed to practice medicine in all its branches any patient whose condition, at the time of evaluation or treatment, is determined to be beyond the scope of practice of the respiratory care practitioner.
"Respiratory care education program" means a course of academic study leading
to eligibility for registry or certification in respiratory care. The training
is to be approved by an accrediting agency recognized by the Board and shall
include an evaluation of competence through a standardized testing mechanism
that is determined by the Board to be both valid and reliable.
"Respiratory care practitioner" means a person who is licensed by the
Department of Professional Regulation and meets all of the following
criteria:
(1) The person is engaged in the practice of | ||
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(2) The person is capable of serving as a resource to | ||
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(3) The person is able to function in situations of | ||
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"Secretary" means the Secretary of Financial and Professional Regulation. (Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15; 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
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(225 ILCS 106/15)
(Section scheduled to be repealed on January 1, 2026)
Sec. 15. Exemptions.
(a) This Act does not prohibit a person legally regulated in this State by
any other Act from engaging in any practice for which he or she is authorized.
(b) Nothing in this Act shall prohibit the practice of respiratory care by a
person who is employed by the United States government or any bureau, division,
or agency thereof
while in the discharge of the employee's official duties.
(c) Nothing in this Act shall be construed to limit the activities and
services of a person enrolled in an approved course of study leading to a
degree or certificate of registry or certification eligibility in respiratory
care if these activities and services constitute a part of a supervised course
of study and if the person is designated by a title which clearly indicates his
or her status as a student or trainee. Status as a student or trainee shall
not exceed 3 years from the date of enrollment in an approved course.
(d) Nothing in this Act shall prohibit a person from treating ailments by
spiritual means through prayer alone in accordance with the tenets and
practices of a recognized church or religious denomination.
(e) Nothing in this Act shall be construed to prevent a person who is a
registered nurse, an advanced practice registered nurse, a licensed
practical nurse, a physician assistant, or a physician licensed to practice medicine in all its branches from providing respiratory care.
(f) Nothing in this Act shall limit a person who is credentialed by the
National Society for Cardiopulmonary Technology or the National Board for
Respiratory Care from performing pulmonary function tests and
respiratory care procedures related to the pulmonary function test. Individuals who do not possess a license to practice respiratory care or a license in another health care field may perform basic screening spirometry limited to peak flow, forced vital capacity, slow vital capacity, and maximum voluntary ventilation if they possess spirometry certification from the National Institute for Occupational Safety and Health, an Office Spirometry Certificate from the American Association for Respiratory Care, or other similarly accepted certification training.
(g) Nothing in this Act shall prohibit the collection and analysis of blood
by clinical laboratory personnel meeting the personnel standards of the
Illinois Clinical Laboratory Act.
(h)
Nothing in this Act shall prohibit a polysomnographic technologist, technician, or trainee, as defined in the job descriptions jointly accepted by the American Academy of Sleep Medicine, the Association of Polysomnographic Technologists, the Board of Registered Polysomnographic Technologists, and the American Society of Electroneurodiagnostic Technologists, from performing activities within the scope of practice of polysomnographic technology while under the direction of a physician licensed in this State.
(i)
Nothing in this Act shall prohibit a family member from providing respiratory care services to an ill person.
(j) Nothing in this Act shall be construed to limit an unlicensed practitioner in a licensed hospital who is working under the proximate supervision of a licensed health care professional or other authorized licensed personnel and providing direct patient care services from performing basic respiratory care activities if the unlicensed practitioner
(i) has been trained to perform the basic respiratory care activities at the facility that employs or contracts with the individual and (ii) at a minimum, has annually received an evaluation of the unlicensed practitioner's performance of basic respiratory care activities documented by the facility.
(k) Nothing in this Act shall be construed to prohibit a person enrolled in a respiratory care education program or an approved course of study leading to a degree or certification in a health care-related discipline that provides respiratory care activities within his or her scope of practice and employed in a licensed hospital in order to provide direct patient care services under the direction of other authorized licensed personnel from providing respiratory care activities. (l) Nothing in this Act prohibits a person licensed as a respiratory care practitioner in another jurisdiction from providing respiratory care: (i) in a declared emergency in this State; (ii) as a member of an organ procurement team; or (iii) as part of a medical transport team that is transporting a patient into or out of this State.
(Source: P.A. 99-230, eff. 8-3-15; 100-513, eff. 1-1-18.)
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(225 ILCS 106/20)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20. Restrictions and limitations.
(a) No person shall, without a valid license as a respiratory care
practitioner (i) hold himself or herself out to the public as a respiratory
care practitioner; (ii) use the title "respiratory care practitioner"; or (iii) perform or offer to perform the duties of a respiratory care practitioner, except as provided in Section 15 of this Act.
(b) Nothing in the Act shall be construed to permit a person licensed as
a respiratory care practitioner to engage in any manner in the practice of
medicine in all its branches as defined by State law.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/22) (Section scheduled to be repealed on January 1, 2026) Sec. 22. Durable medical equipment use and training. (a) Notwithstanding any other provision of this Act, unlicensed or non-credentialed individuals who deliver prescribed respiratory care equipment, including, but not limited to, oxygen, oxygen concentrators, pulmonary hygiene devices, aerosol compressors and generators, suction machines, and positive airway pressure devices, may deliver, set up, calibrate, and demonstrate the mechanical operation of a specific piece of equipment to the patient, family, and caregivers, with the exception of mechanical ventilators, which only a licensed respiratory care practitioner or other authorized licensed personnel operating within the scope of his or her scope of practice may deliver and set up. Demonstration of the mechanical operation of a specific piece of equipment includes demonstration of the on-off switches, emergency buttons, and alarm silence and reset buttons, as appropriate. In order for unlicensed or non-credentialed personnel to deliver, set up, calibrate, and demonstrate a specific piece of equipment as allowed in this subsection (a), the employer must document that the employee has both received training and demonstrated competency using the specific piece of equipment under the supervision of a respiratory care practitioner licensed by this State or some other licensed practitioner operating within his or her scope of practice. Equipment demonstration is not to be interpreted as teaching, administration, or performance of respiratory care. Unlicensed or non-credentialed individuals may not attach the equipment to the patient or instruct the patient, family, or caregiver on the use of the equipment beyond the mechanical functions of the device. (b) Patients, family, and caregivers must be taught to use the equipment for the intended clinical application by a licensed respiratory care practitioner or other licensed health care professional operating within his or her scope of practice. This instruction may occur through follow-up after delivery, with an identical model in the health care facility prior to discharge or with an identical model at the medical supply office. Instructions to the patient regarding the clinical use of equipment, patient monitoring, patient assessment, or any other procedure used with the intent of evaluating the effectiveness of the treatment must be performed by a respiratory care practitioner licensed by this State or any other licensed practitioner operating within his or her scope of practice.
(Source: P.A. 99-230, eff. 8-3-15.) |
(225 ILCS 106/25)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25.
Emergency care; civil liability.
Exemption
from civil liability for emergency care is as provided in the Good Samaritan
Act.
(Source: P.A. 89-33, eff. 1-1-96; 89-607, eff. 1-1-97.)
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(225 ILCS 106/30)
(Section scheduled to be repealed on January 1, 2026)
Sec. 30. Powers and duties of the Department. Subject to the provision
of this Act, the Department may:
(a) Authorize examinations to ascertain the | ||
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(b) Pass upon the qualifications of an applicant for | ||
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(c) Conduct hearings on proceedings to refuse to | ||
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(d) Formulate rules required for the administration | ||
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(e) Solicit the advice and expert knowledge of the | ||
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(f) (Blank).
(g) Maintain a roster of the names and addresses of | ||
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(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/35)
(Section scheduled to be repealed on January 1, 2026)
Sec. 35. Respiratory Care Board.
(a) The Secretary shall appoint a Respiratory Care Board which shall serve in
an advisory capacity to the Secretary. The Board shall consist of 7 persons of
which 4 members shall be currently engaged in the practice of respiratory care
with a
minimum of 3 years practice in the State of Illinois, one member shall be a
qualified medical director, and 2 members shall be hospital administrators.
(b) Members shall be appointed to a 4-year term. A member whose
term has expired shall continue to serve until his or her successor is
appointed and qualified. No member shall be reappointed to the Board for a
term that would cause his or her continuous service on the Board to be longer
than 10 years. Appointments to fill vacancies shall be made in the same manner
as original appointments for the unexpired portion of the vacated term.
(c) The membership of the Board shall reasonably represent all the
geographic
areas in this State. The Secretary shall consider the recommendations of the
organization representing the largest number of respiratory care practitioners
for appointment of the respiratory care practitioner members of the Board and
the organization representing the largest number of
physicians licensed to practice medicine in all its branches for the
appointment of the medical director to the Board.
(d) The Secretary has the authority to remove any member of the Board for cause at any time before the expiration of his or her term. The Secretary shall be the sole arbiter of cause.
(e) The Secretary shall consider the recommendations of the Board on
questions involving standards of professional conduct, discipline, and
qualifications of candidates for licensure under this Act.
(f) The members of the Board shall be reimbursed for all legitimate and
necessary expenses incurred in attending meetings of the Board.
(g) Four members of the Board shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board. (h) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed as members of the Board, except for willful and wanton misconduct. (Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/40)
(Section scheduled to be repealed on January 1, 2026)
Sec. 40. Application for original license. Applications for original
license shall be made to the Department on forms
prescribed by the Department and accompanied by the appropriate documentation
and the required fee, which is not refundable. All applications shall contain
information that, in the judgment of the Department, will enable the
Department to pass on the qualifications of the applicant for a license as a
respiratory care practitioner.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/42)
(Section scheduled to be repealed on January 1, 2026)
Sec. 42. Social Security Number on license application. In addition
to any other information required to be contained in the application, every
application for an original license under this Act shall
include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
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(225 ILCS 106/45)
(Section scheduled to be repealed on January 1, 2026)
Sec. 45. Examination; failure or refusal to take examination.
(a) The Department shall authorize examinations of applicants as respiratory
care practitioners at the times and places as it may determine. The
examination shall test an applicant's competence and qualifications to
practice respiratory care.
(b) Applicants for examination shall pay, either to the Department or to the
designated testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the scheduled date, at
the time and place specified, after the application for examination has been received and acknowledged by the Department or the designated testing service shall result in the forfeiture of the examination
fee.
(c) If an applicant neglects, fails, or refuses to take an examination, or
fails to pass an examination for a license under this Act within 3 years after
filing an application, the application shall be denied
and the fee forfeited.
However, the applicant
may thereafter submit a new application accompanied by the required fee. The
applicant shall meet the requirements in force at the time of making the new
application.
(d) The Department may employ consultants for the purpose of preparing and
conducting examinations.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/50)
(Section scheduled to be repealed on January 1, 2026)
Sec. 50. Qualifications for a license.
(a) A person is qualified to be licensed as a licensed respiratory care
practitioner, and the Department may issue a license authorizing the practice
of respiratory care to an applicant who:
(1) has applied in writing on the prescribed form and | ||
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(2) has successfully completed a respiratory care | ||
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(3) has successfully passed an examination for the | ||
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(4) has paid the fees required by this Act.
Any person who has received certification by any state or national
organization whose standards are accepted by the Department as being
substantially similar to the standards in this Act may apply for a respiratory
care practitioner license without examination.
(b) Beginning 6 months after December 31, 2005, all individuals who provide satisfactory evidence to the Department of 3 years of experience, with a minimum of 400 hours per year, in the practice of respiratory care during the 5 years immediately preceding December 31, 2005 shall be issued a license, unless the license may be denied under Section 95 of this Act. This experience must have been obtained while under the supervision of a certified respiratory therapist, a registered respiratory therapist, or a licensed registered nurse or under the supervision or direction of a licensed health care professional. All applications for a license under this subsection (b) shall be postmarked within 12 months after December 31, 2005.
(c) A person may practice as a respiratory care practitioner if he or she has applied in writing to the Department in form and substance satisfactory to the Department for a license as a licensed respiratory care practitioner and has complied with all the provisions under this Section except for the passing of an examination to be eligible to receive such license, until the Department has made the decision that the applicant has failed to pass the next available examination authorized by the Department or has failed, without an approved excuse, to take the next available examination authorized by the Department or until the withdrawal of the application, but not to exceed 6 months. An applicant practicing professional registered respiratory care under this subsection (c) who passes the examination, however, may continue to practice under this subsection (c) until such time as he or she receives his or her license to practice or until the Department notifies him or her that the license has been denied. No applicant for licensure practicing under the provisions of this subsection (c) shall practice professional respiratory care except under the direct supervision of a licensed health care professional or authorized licensed personnel. In no instance shall any such applicant practice or be employed in any supervisory capacity.(Source: P.A. 94-523, eff. 1-1-06.)
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(225 ILCS 106/55)
Sec. 55. (Repealed).
(Source: P.A. 91-259, eff. 1-1-00. Repealed by P.A. 94-523, eff. 1-1-06.)
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(225 ILCS 106/60)
(Section scheduled to be repealed on January 1, 2026)
Sec. 60.
Professional identification; advertising.
(a) A person who is licensed with the Department of Professional Regulation
in this State may use the title "respiratory care practitioner" and the
abbreviation "RCP".
(b) A licensee shall include in every advertisement for services regulated
under this Act his or her title as it appears on the license or the initials
authorized under this Act.
(Source: P.A. 91-310, eff. 1-1-00; 91-357, eff. 7-29-99.)
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(225 ILCS 106/65)
(Section scheduled to be repealed on January 1, 2026)
Sec. 65. Licenses; renewal; restoration; inactive status.
(a) The expiration date and renewal period for each license issued under
this Act shall be set by rule. The licensee may renew a license during the 30
day period preceding its expiration date by paying the required fee and
demonstrating compliance with any continuing education requirements.
(b) A person who has permitted a license to expire or who has a license on
inactive status may have it restored by submitting an application to the
Department and filing proof of fitness, as defined by rule, to have the license
restored, including, if appropriate, evidence that is satisfactory to the
Department certifying the active practice of respiratory care in another
jurisdiction and by paying the required fee.
A person practicing on an expired license is considered to be practicing
without a license.
(c) If the person has not maintained an active practice that is satisfactory
to the Department in another jurisdiction, the Department shall determine the
person's fitness to resume active status. The Department may require the
person to complete a specified period of evaluated respiratory care and may
require successful completion of an examination.
(d) A person whose license expired while he or she was (1) in federal service on active duty with the Armed Forces of the United States or called into service or training with the
State Militia, or (2) in training or education under the supervision of the
United States government preliminary to induction into military service may have
his or her license restored without paying any lapsed renewal fees if, within 2 years
after the
termination of his or her service, training, or education, except under
conditions other than honorable, the Department is furnished with satisfactory
evidence that the person has been so engaged and that the service, training, or
education has been terminated.
(e) A license to practice shall not be denied any applicant because of the
applicant's race, religion, creed, national origin, political beliefs, or
activities, age, sex, sexual orientation, or physical impairment.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/70)
(Section scheduled to be repealed on January 1, 2026)
Sec. 70.
Inactive status.
A person who notifies the Department in writing on forms prescribed by the
Department may elect to place his or her license on an inactive status and
shall, subject to rules of the Department, be excused from payment of renewal
fees until he or she notifies the Department in writing of a desire to resume
active status.
A person requesting restoration from inactive status shall be required to pay
the current renewal fee and shall be required to restore his or her license
as provided in Section 65 of this Act.
Practice by a
respiratory care practitioner whose license is in an inactive status shall
be considered
to be the unlicensed practice of respiratory care and shall be grounds
for discipline under this Act.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/75)
(Section scheduled to be repealed on January 1, 2026)
Sec. 75.
Fees.
The Department shall provide by rule for a schedule of fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration. The fees shall be
nonrefundable.
All of the fees collected under this Act shall be deposited into the
General Professions
Dedicated Fund.
The monies deposited into the General Professions Dedicated Fund
shall be used by the Department, as appropriated, for the ordinary and
contingent expenses of
the Department. Monies in the
General Professions Dedicated Fund may be invested and
reinvested, with all earnings received from investments to be deposited into
that Fund and used for the same purposes as fees deposited in that Fund.
(Source: P.A. 91-454, eff. 1-1-00.)
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(225 ILCS 106/80)
(Section scheduled to be repealed on January 1, 2026)
Sec. 80. Returned
checks; fines.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the Secretary
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/85)
(Section scheduled to be repealed on January 1, 2026)
Sec. 85.
Endorsement.
(a) The Department may issue a license as a respiratory care
practitioner without the required examination, to an applicant licensed under
the laws
of another state or United States jurisdiction whose standards in the opinion
of the Department, are substantially equivalent at the date of his or her
licensure in the other jurisdiction to the requirements of this Act
or the applicant, at the time of licensure, possessed individual qualifications
which were substantially equivalent to the requirements of this Act.
The
applicant shall pay all of the required fees.
(b) An applicant shall have 3 years from the date of application to complete
the application process. If the process has not been completed within 3 years,
the application shall be denied, the fee forfeited, and the applicant must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/90)
(Section scheduled to be repealed on January 1, 2026)
Sec. 90.
Continuing education.
Proof of having met the minimum requirement of continuing education as
determined by the Department shall be required of all license and certificate
renewals. Pursuant to rule, the continuing education requirement may upon
petition be waived in whole or in part if the respiratory care practitioner can
demonstrate that he or she had served in the Coast Guard or Armed Forces, had
an extreme hardship as defined by rule,
or obtained the license or certification by examination or endorsement within
the preceding renewal period.
The Department shall establish by rule a means for the verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by
licensees; by requiring the filing of continuing
education
certificates with the
Department; or by other means established by the Department.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/95)
(Section scheduled to be repealed on January 1, 2026)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may revoke, suspend, place
on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department
considers appropriate, including the issuance of fines not to exceed $10,000 for
each violation, with regard to any license for any one or combination of the
following:
(1) Material misstatement in furnishing information | ||
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(2) Violations of this Act, or any of the rules | ||
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(3) Conviction by plea of guilty or nolo contendere, | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Professional incompetence or negligence in the | ||
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(6) Malpractice.
(7) Aiding or assisting another person in violating | ||
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(8) Failing to provide information within 60 days in | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Violating the rules of professional conduct | ||
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(11) Discipline by another jurisdiction, if at least | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) A finding that the licensee, after having her or | ||
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(14) Abandonment of a patient.
(15) Willfully filing false records or reports | ||
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(16) Willfully failing to report an instance of | ||
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(17) Providing respiratory care, other than pursuant | ||
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(18) Physical or mental disability including, but not | ||
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(19) Solicitation of professional services by using | ||
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(20) Failure to file a tax return, or to pay the tax, | ||
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(21) Irregularities in billing a third party for | ||
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(22) Being named as a perpetrator in an indicated | ||
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(23) Habitual or excessive use or addiction to | ||
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(24) Being named as a perpetrator in an indicated | ||
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(25) Willfully failing to report an instance of | ||
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(26) Willful omission to file or record, or willfully | ||
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(27) Practicing under a false or assumed name, except | ||
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(28) Willfully or negligently violating the | ||
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(29) The use of any false, fraudulent, or deceptive | ||
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(b) The determination by a court that a licensee is subject to involuntary
admission or judicial admission as provided in the Mental Health and
Developmental Disabilities Code will result in an automatic suspension of his
or
her license. The suspension will end upon a finding by a court that the
licensee is no
longer subject to involuntary admission or judicial admission, the issuance
of an order so finding and discharging the patient, and the recommendation of
the Board to the Secretary that the licensee be allowed to resume his or her
practice.
All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine. (Source: P.A. 98-49, eff. 7-1-13; 99-230, eff. 8-3-15.)
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(225 ILCS 106/97) (Section scheduled to be repealed on January 1, 2026) Sec. 97. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(225 ILCS 106/100)
(Section scheduled to be repealed on January 1, 2026)
Sec. 100. Violations; injunctions; cease and desist order.
(a) If a person violates any provision of this Act, the Secretary may, in the
name of the People of the State of Illinois, through the Attorney General,
petition for an order enjoining the violation or an order enforcing compliance
with this Act.
Upon the filling of a verified petition, the court with appropriate
jurisdiction may issue a temporary restraining order without notice or bond and
may preliminarily and permanently enjoin the violation. If it is established
that the person has violated or is violating the injunction, the court may
punish the offender for contempt of court. Proceedings under this Section are
in addition to all other remedies and penalties provided by this Act.
(b) If a person holds himself or herself out as being a
respiratory
care
practitioner under this Act and is not licensed to do so, then any
licensed respiratory care practitioner, interested party, or injured person may
petition for relief as provided in subsection (a) of this Section.
(c) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against that person. The rule
shall clearly set forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an answer satisfactory
to the Department. Failure to answer to the satisfaction of the Department
shall cause an order to cease and desist to be issued.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/105)
(Section scheduled to be repealed on January 1, 2026)
Sec. 105. Investigations; notice; hearing. The Department may investigate the actions of an applicant, a licensee, or a
person claiming to hold a license. The Department shall, before revoking,
suspending, placing on probation, reprimanding, or taking any other
disciplinary
action under Section 95 of this Act, at least 30 days before the date set for
the hearing (i) notify the accused, in writing, of any charges made and the
time and place for the hearing on the charges, (ii) direct him or her to file
a written answer to the charges with the Board under oath within 20 days after
the
service upon him or her of the notice, and (iii) inform the accused that, if he
or she fails to answer, default will be taken against him or her and his or
her license may be suspended, revoked, placed on probationary
status, or other disciplinary action taken with regard to the license,
including
limiting the scope, nature, or extent of his or her practice,
without a hearing,
as the Department
may consider proper. In case the person, after receiving notice, fails to file
an answer, his or her license may, in the discretion of the Department, be
suspended, revoked, placed on probationary status, or the Department may take
whatever disciplinary action is considered proper, including, limiting the
scope, nature, or extent of the person's practice or the imposition of a fine,
without a hearing, if the act or acts charged constitute sufficient grounds for
an action under this Act. The written notice may be served by personal
delivery or certified mail to the address of record.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/110)
(Section scheduled to be repealed on January 1, 2026)
Sec. 110. Record of proceedings; transcript. The Department, at its expense, shall preserve the record of all proceedings at
a formal hearing of any case. The notice of hearing, complaint, all other
documents in the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the Board and orders of
the Department shall be in the record of the proceedings.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/115)
(Section scheduled to be repealed on January 1, 2026)
Sec. 115. Subpoena; depositions; oaths. The Department has the power to subpoena and to bring before it any person,
exhibit, book, document, record, file, or any other material
and
to take testimony either orally or by deposition, or both, with the same fees
and mileage and in the same manner as prescribed in civil cases in the courts
of this State.
The Secretary, the designated hearing officer, and every member of the Board
has the power to administer oaths to witnesses at any hearing which the
Department is authorized to conduct, and any other oaths authorized in any Act
administered by the Department.
(Source: P.A. 99-230, eff. 8-3-15; 99-642, eff. 7-28-16.)
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(225 ILCS 106/120)
(Section scheduled to be repealed on January 1, 2026)
Sec. 120.
Compelling testimony.
Any court, upon application of the Department, designated hearing officer,
applicant, or licensee against whom proceedings under Section 95 of this Act
are pending, may enter an order requiring attendance of witnesses and their
testimony and the production of documents, papers, files, books, and records in
connection with any hearing or investigation. The court may compel obedience
to its order by proceedings for contempt.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/125)
(Section scheduled to be repealed on January 1, 2026)
Sec. 125. Findings and recommendations. At the conclusion of the hearing, the Board shall present to the Secretary a
written report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding of whether the licensee
violated this Act or failed to comply with the conditions required in this Act.
The Board shall specify the nature of the violation or failure to comply, and
shall make its recommendations to the Secretary.
The report of findings of fact, conclusions of law, and
recommendations of the
Board shall be the basis for the Department's order for refusal or for the
granting of a license or for any other disciplinary action.
If the Secretary disagrees with the recommendation of
the Board, the Secretary may issue an order in contravention of the Board's
recommendation. The Secretary shall provide a written report to the Board on
any disagreement and shall specify the reasons for the action in the final
order. The report of
findings of fact is not admissible in evidence against the person in a
criminal prosecution brought for violation of this Act, but the hearing and
findings of fact
are not a bar to a criminal prosecution brought for the violation of
this Act.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/130)
(Section scheduled to be repealed on January 1, 2026)
Sec. 130. Board; rehearing. In any case involving the refusal to issue or renew a
registration, or the discipline of a registrant, a copy of the Board's report
shall be served upon the respondent by the Department, either personally or as
provided in this Act for the service of the notice of hearing. Within 20
calendar days after service of the notice, the respondent may present to the
Department a motion in writing for a rehearing. The motion shall specify the
particular grounds for rehearing. If no motion for rehearing is filed, then
upon the expiration of the time specified for filing a motion (or, if a motion
for rehearing is denied, then upon denial) the Secretary may enter an order in
accordance with recommendation of the Board, except as provided in Section 135.
If the respondent orders from the reporting service, and pays for a transcript
of the record within the time for filing a motion for rehearing, the 20
calendar day period within which a motion may be filed shall commence upon the
delivery of the transcript to the respondent.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/135)
(Section scheduled to be repealed on January 1, 2026)
Sec. 135. Secretary; rehearing. Whenever the Secretary believes that substantial justice has not been done in the revocation,
suspension, refusal to issue or renew a license, or any other discipline of an applicant or
licensee, he or she may order a rehearing by the same or other hearing officers.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/140)
(Section scheduled to be repealed on January 1, 2026)
Sec. 140. Appointment of a hearing officer. The Secretary has the
authority to appoint an attorney, licensed to practice law in the State of
Illinois, to serve as a hearing officer in any action for refusal to issue or
renew a license or to discipline a licensee. The hearing officer has
full authority to conduct the hearing. A member or members of the Board may
attend hearings. The hearing officer shall report his or her findings of
fact, conclusions of law, and recommendations to the Board and to the Secretary.
The Board shall have 60 calendar days from receipt of the report to review it
and to present its findings of fact, conclusions of law, and recommendations to
the Secretary. If the Board does not present its report within the 60 day
period, the Secretary may issue an order based on the report of the hearing
officer. If the Secretary disagrees with the recommendation of the Board or the
hearing officer, the Secretary may issue an order in contravention of the
recommendation.
The Secretary shall promptly provide notice to the Board of any
such disagreement.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/145)
(Section scheduled to be repealed on January 1, 2026)
Sec. 145. Order or certified copy; prima facie proof. An order or a
certified copy thereof, over the seal of the Department and purporting to be signed by
the Secretary, is prima facie proof that:
(1) the signature is the genuine signature of the | ||
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(2) the Secretary is duly appointed and qualified; and
(3) the Board and its members are qualified to act.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/150)
(Section scheduled to be repealed on January 1, 2026)
Sec. 150. Restoration of suspended or revoked license. At any time after the successful completion of a term of probation, suspension or revocation of any license, the Department
may restore the license to the licensee upon the written recommendation of the
Board, unless after an investigation and hearing the Board determines that
restoration is not in the public interest.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/155)
(Section scheduled to be repealed on January 1, 2026)
Sec. 155.
Surrender of license.
Upon the revocation or suspension of a
license, the licensee shall immediately surrender his or her license to the
Department. If the licensee fails to do so, the Department has the right to
seize the license.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/160)
(Section scheduled to be repealed on January 1, 2026)
Sec. 160. Summary suspension of license. The Secretary may summarily suspend the license of a respiratory care
practitioner without a hearing, simultaneously with the institution of
proceedings for a hearing provided for in Section 105 of this Act, if the Secretary
finds that evidence in his or her possession indicates that the
continuation of practice by the respiratory care practitioner would constitute
an imminent danger to the public. In the event that the Secretary summarily
suspends the license of respiratory care practitioner without a hearing, a hearing must be commenced
within 30 calendar days after the suspension has occurred and concluded as expeditiously as practical.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/165)
(Section scheduled to be repealed on January 1, 2026)
Sec. 165.
Administrative review; venue.
(a) All final administrative decisions of the Department are subject to
judicial review pursuant to the Administrative Review Law and its rules. The
term "administrative decision" is defined as in Section 3-101 of the Code of
Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides, but if the party
is not a resident of Illinois, the venue shall be in Sangamon County.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/170)
(Section scheduled to be repealed on January 1, 2026)
Sec. 170. Administrative review; certification of record; costs. All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of this State, the venue shall be in Sangamon County. The Department shall not be required to certify any record to the court, or
file an answer in court, or otherwise appear in any court in a judicial review
proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Exhibits shall be certified without cost. Failure on the part of the plaintiff to file a receipt
is grounds for dismissal of the action. During the pendency and hearing of any and all judicial proceedings incident to the disciplinary action, the sanctions imposed upon the accused by the Department specified in the Department's final administrative decision shall, as a matter of public policy, remain in full force and effect in order to protect the public pending final resolution of any of the proceedings.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/175)
(Section scheduled to be repealed on January 1, 2026)
Sec. 175.
Violations.
Unless otherwise specified, a person found to
have violated any provision of this Act is guilty of a Class A misdemeanor for
the first offense and a Class 4 felony for second and subsequent offenses.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/180)
(Section scheduled to be repealed on January 1, 2026)
Sec. 180. Illinois Administrative Procedure Act; application. The Illinois
Administrative Procedure Act is hereby expressly adopted and incorporated in
this Act as if all of the provisions of the Act were included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the registrant or licensee has the right to show compliance with all lawful requirements for retention or continuation or renewal of the license, is specifically excluded. For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is considered sufficient when mailed to address of record of the licensee or applicant.
(Source: P.A. 99-230, eff. 8-3-15.)
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(225 ILCS 106/185)
(Section scheduled to be repealed on January 1, 2026)
Sec. 185.
Home rule.
The regulation and licensing of a respiratory care
practitioner is the exclusive power and function of the State. A home rule
unit may not regulate or register respiratory care practitioners. This Section
is a denial and limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/190) (Section scheduled to be repealed on January 1, 2026) Sec. 190. Consent order. At any point in the proceedings as provided in Sections 90 through 105 and Section 125, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 99-230, eff. 8-3-15.) |
(225 ILCS 106/195) (Section scheduled to be repealed on January 1, 2026) Sec. 195. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department shall not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 99-230, eff. 8-3-15.) |
(225 ILCS 106/900)
Sec. 900.
(Amendatory provisions; text omitted).
(Source: P.A. 89-33, eff. 1-1-96; text omitted.)
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