[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB2236
SEE INDEX
Amends the Regulatory Agency Sunset Act to extend the
sunset date of the Marriage and Family Therapy Licensing Act,
the Illinois Nursing Act of 1987, the Nursing Home
Administrators Licensing and Disciplinary Act, the Physician
Assistant Practice Act of 1987, and the Illinois
Speech-Language Pathology and Audiology Practice Act to
January 1, 2008. Amends the Acupuncture Practice Act. Grants
additional rulemaking authority to the Department of
Professional Regulation. Changes the registration
requirements to licensing requirements. Establishes the Board
of Acupuncture and sets forth its powers and duties. Requires
an applicant for licensure to provide proof to the Department
that he or she has passed the National Commission for the
Certification of Acupuncturists examination or a
substantially equivalent examination approved by the
Department. Provides that an applicant has 3 years from the
date of application to complete the application process. Sets
forth the procedures for restoring an expired license and
placing a license on inactive status. Amends the Marriage and
Family Therapy Licensing Act, the Illinois Nursing Act of
1987, the Nursing Home Administrators Licensing and
Disciplinary Act, the Physician Assistant Practice Act of
1987, and the Illinois Speech-Language Pathology and
Audiology Practice Act. Allows the Department or the Board or
Committee to compel a licensee or applicant for licensure to
submit to a mental or physical examination upon a showing of
a possible violation of the Acts. Amends the licensing Acts
to delete specified fee requirements and to provide that the
Department of Professional Regulation shall set by rule fees
for the administration of each licensing Act. In each
licensing Act amended, makes technical and additional
substantive changes. Reorganizes certain provisions within
the Act. Deletes obsolete language in each licensing Act.
Effective December 30, 1997, except that changes to the
Acupuncture Practice Act take effect immediately.
LRB9003437DPpc
LRB9003437DPpc
1 AN ACT to extend the boards of the Marriage and Family
2 Therapy Licensing Act, the Nursing Home Administrators
3 Licensing and Disciplinary Act, the Speech-Language Pathology
4 and Audiology Practice Act and the committees of the Illinois
5 Nursing Act of 1987 and the Physician Assistant Practice Act
6 of 1987, concerning regulated professions, and amending named
7 Acts.
8 Be it enacted by the People of the State of Illinois,
9 represented in the General Assembly:
10 Section 5. The Regulatory Agency Sunset Act is amended by
11 changing Section 4.9 and adding Section 4.18 as follows:
12 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
13 (Text of Section before amendment by P.A. 89-702)
14 Sec. 4.9. The following Acts are repealed December 31,
15 1997:
16 The Medical Practice Act of 1987.
17 The Pharmacy Practice Act of 1987.
18 The Illinois Optometric Practice Act of 1987.
19 The Podiatric Medical Practice Act of 1987.
20 The Nursing Home Administrators Licensing and
21 Disciplinary Act.
22 The Physician Assistant Practice Act of 1987.
23 The Illinois Nursing Act of 1987.
24 The Clinical Social Work and Social Work Practice Act.
25 The Clinical Psychologist Licensing Act.
26 The Illinois Speech-Language Pathology and Audiology
27 Practice Act.
28 The Marriage and Family Therapy Licensing Act.
29 (Source: P.A. 87-1237.)
30 (Text of Section after amendment by P.A. 89-702)
31 Sec. 4.9. The following Acts are repealed December 31,
-2- LRB9003437DPpc
1 1997:
2 The Pharmacy Practice Act of 1987.
3 The Podiatric Medical Practice Act of 1987.
4 The Nursing Home Administrators Licensing and
5 Disciplinary Act.
6 The Physician Assistant Practice Act of 1987.
7 The Illinois Nursing Act of 1987.
8 The Clinical Social Work and Social Work Practice Act.
9 The Illinois Speech-Language Pathology and Audiology
10 Practice Act.
11 The Marriage and Family Therapy Licensing Act.
12 (Source: P.A. 89-702, eff. 7-1-97.)
13 (5 ILCS 80/4.18 new)
14 Sec. 4.18. Act repealed on January 1, 2008. The following
15 Act is repealed on January 1, 2008:
16 The Nursing Home Administrators Licensing and
17 Disciplinary Act.
18 The Physician Assistant Practice Act of 1987.
19 The Illinois Nursing Act of 1987.
20 The Speech-Language Pathology and Audiology Act.
21 The Marriage and Family Therapy Licensing Act.
22 Section 10. The Acupuncture Practice Act is amended by
23 changing Sections 10, 15, 20, 25, 35, 40, 50, 60, 70, 80, 90,
24 100, 110, 130, 140, 145, 150, 155, 160, 165, 170, 175, 180,
25 185, and 195 and by adding Sections 55, 75, 105, 135, 152,
26 and 154 as follows:
27 (225 ILCS 2/10)
28 Sec. 10. Definitions. As used in this Act:
29 "Acupuncture" means the evaluation or treatment of
30 persons affected through a method of stimulation of a certain
31 point or points on or immediately below the surface of the
-3- LRB9003437DPpc
1 body by the insertion of pre-sterilized, single-use,
2 disposable needles, unless medically contraindicated, with or
3 without the application of heat, electronic stimulation, or
4 manual pressure to prevent or modify the perception of pain,
5 to normalize physiological functions, or for the treatment of
6 certain diseases or dysfunctions of the body. Acupuncture
7 does not include radiology, electrosurgery, chiropractic
8 technique, physical therapy, naprapathic technique, use or
9 prescribing of any drugs, medications, herbal preparations,
10 nutritional supplements, serums, or vaccines, or
11 determination of a differential diagnosis. An acupuncturist
12 registered under this Act who is not also licensed as a
13 physical therapist under the Illinois Physical Therapy Act
14 shall not hold himself or herself out as being qualified to
15 provide physical therapy or physiotherapy services. An
16 acupuncturist shall refer to a licensed physician or dentist,
17 any patient whose condition should, at the time of evaluation
18 or treatment, be determined to be beyond the scope of
19 practice of the acupuncturist.
20 "Acupuncturist" means a person who practices acupuncture
21 and who is licensed by the Department has met all
22 requirements as provided in this Act.
23 "Board" means the Board of Acupuncture.
24 "Dentist" means a person licensed under the Illinois
25 Dental Practice Act.
26 "Department" means the Department of Professional
27 Regulation.
28 "Director" means the Director of Professional Regulation.
29 "Physician" means a person licensed under the Medical
30 Practice Act of 1987.
31 "Referral by written order" for purposes of this Act
32 means a diagnosis, substantiated by signature of a physician
33 or dentist, that a patient's condition is such that it may be
34 treated by acupuncture as defined in this Act. The diagnosis
-4- LRB9003437DPpc
1 shall remain in effect until changed by the physician or
2 dentist who shall maintain management of the patient.
3 "State" includes:
4 (1) the states of the United States of America;
5 (2) the District of Columbia; and
6 (3) the Commonwealth of Puerto Rico.
7 (Source: P.A. 89-706, eff. 1-31-97.)
8 (225 ILCS 2/15)
9 Sec. 15. Who may practice acupuncture. No person
10 licensed registered under this Act may treat human ailments
11 otherwise than by the practice of acupuncture as defined in
12 this Act; and no person licensed registered under this Act
13 may practice acupuncture on another person without having on
14 file a written referral order from a physician or dentist
15 licensed in Illinois. A physician or dentist licensed in
16 Illinois may practice acupuncture if appropriately skilled
17 and trained.
18 (Source: P.A. 89-706, eff. 1-31-97.)
19 (225 ILCS 2/20)
20 Sec. 20. Registration; Exempt activities. This Act does
21 not prohibit any person licensed in this State as a dentist
22 or physician from engaging in the practice for which he or
23 she is licensed.
24 (Source: P.A. 89-706, eff. 1-31-97.)
25 (225 ILCS 2/25)
26 Sec. 25. Powers and duties of Department. Subject to
27 the provisions of this Act, The Department shall exercise
28 powers and duties under this Act as follows:
29 (1) Review applications to ascertain the
30 qualifications of applicants for licensure registration.
31 (2) Adopt rules consistent with the provisions of
-5- LRB9003437DPpc
1 this Act for its administration and enforcement and may
2 prescribe forms that shall be used in connection with
3 this Act. The rules may define standards and criteria
4 for professional conduct and discipline. The Department
5 shall consult with the Board in adopting rules. Notice
6 of proposed rulemaking shall be transmitted to the Board,
7 and the Department shall review the Board's response and
8 any recommendations made in the response.
9 (3) The Department may at any time seek the advice
10 and the expert knowledge of the Board on any matter
11 relating to the administration of this Act.
12 (3) Submit all registered complaints related to the
13 profession received by the Department to the Acupuncture
14 Examining Committee for review. The Department shall
15 also submit all complaints to the Medical Licensing Board
16 for review.
17 (4) Maintain a list of registered acupuncturists
18 authorized to practice in the State. This list shall
19 show the name of every registrant, his or her last known
20 place of residence, and the date and number of his or her
21 registration. Any interested person in the State may
22 obtain a copy of that list on application to the Director
23 and payment of the required fee.
24 (Source: P.A. 89-706, eff. 1-31-97.)
25 (225 ILCS 2/35)
26 Sec. 35. Board of Acupuncture. The Director shall
27 appoint a Board of Acupuncture to consist of 7 persons who
28 shall be appointed by and shall serve in an advisory capacity
29 to the Director. Four members must hold an active license to
30 engage in the practice of acupuncture in this State, one
31 member shall be a chiropractic physician licensed under the
32 Medical Practice Act of 1987 who is actively engaged in the
33 practice of acupuncture, one member shall be a physician
-6- LRB9003437DPpc
1 licensed to practice medicine in all of its branches in
2 Illinois, and one member must be a member of the public who
3 is not licensed under this Act or a similar Act of another
4 jurisdiction and who has no connection with the profession.
5 The initial appointees who would otherwise be required to be
6 licensed acupuncturists shall instead be individuals who have
7 been practicing acupuncture for at least 5 years and who are
8 eligible under this Act for licensure as acupuncturists.
9 Members shall serve 4-year terms and until their
10 successors are appointed and qualified, except that of the
11 initial appointments, one member shall be appointed to serve
12 for 1 year, 2 members shall be appointed to serve for 2
13 years, 2 members shall be appointed to serve for 3 years, and
14 2 members shall be appointed to serve for 4 years and until
15 their successors are appointed and qualified. No member
16 shall be reappointed to the Board for a term that would cause
17 his or her continuous service on the Board to be longer than
18 8 consecutive years. Appointments to fill vacancies shall be
19 made in the same manner as original appointments for the
20 unexpired portion of the vacated term. Initial terms shall
21 begin upon the effective date of this amendatory Act of 1997.
22 The Board shall annually elect a chairperson and a
23 vice-chairperson who shall preside in the absence of the
24 chairperson. The membership of the Board should reasonably
25 reflect representation from the geographic areas in this
26 State. The Director may terminate the appointment of any
27 member for cause. The Director may give due consideration to
28 all recommendations of the Board. A majority of the Board
29 members currently appointed shall constitute a quorum. A
30 vacancy in the membership of the Board shall not impair the
31 right of a quorum to exercise the right and perform all the
32 duties of the Board. Members of the Board shall have no
33 liability in any action based upon any disciplinary
34 proceeding or other activity performed in good faith as a
-7- LRB9003437DPpc
1 member of the Board. Requirements for registration. No
2 person shall be registered to practice acupuncture unless he
3 or she has paid the required registration fee and
4 demonstrated competence in performing acupuncture by
5 submitting proof of passing the National Commission for the
6 Certification of Acupuncturists examination.
7 (Source: P.A. 89-706, eff. 1-31-97.)
8 (225 ILCS 2/40)
9 Sec. 40. Application for licensure registration.
10 Applications for original licensure registration as an
11 acupuncturist shall be made to the Department in writing on
12 forms prescribed by the Department and shall be accompanied
13 by the required fee, which shall not be refundable.
14 Applicants shall submit with the application proof of
15 passing the National Commission for the Certification of
16 Acupuncturists examination or a substantially equivalent
17 examination approved by the Department and meeting any other
18 qualifications established by the Department.
19 An applicant has 3 years from the date of his or her
20 application to complete the application process. If the
21 process has not been completed in 3 years, the application
22 shall be denied, the fee shall be forfeited, and the
23 applicant must reapply and meet the requirements in effect at
24 the time of reapplication. Each application shall contain
25 proof of the particular qualifications required of the
26 applicant and shall be verified by the applicant under oath
27 or affirmation.
28 (Source: P.A. 89-706, eff. 1-31-97.)
29 (225 ILCS 2/50)
30 Sec. 50. Practice prohibited Title and designation of
31 registered acupuncturists. Unless he or she has been issued,
32 by the Department, a valid, existing license registration as
-8- LRB9003437DPpc
1 an acupuncturist under this Act, no person may use the title
2 and designation of "Acupuncturist", "Licensed Registered
3 Acupuncturist", "Certified Acupuncturist", "C.A.", "Act.",
4 "Lic. Reg. Act.", or "Lic. Reg. Ac." either directly or
5 indirectly, in connection with his or her profession or
6 business. No person licensed registered under this Act may
7 use the designation "medical", directly or indirectly, in
8 connection with his or her profession or business. Nothing
9 shall prevent a physician from using the designation
10 "Acupuncturist".
11 No person may practice, offer to practice, attempt to
12 practice, or hold himself or herself out to practice as a
13 licensed acupuncturist without being licensed under this Act.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/55 new)
16 Sec. 55. Endorsement. The Department may, at its
17 discretion, license as an acupuncturist without examination,
18 on payment of the fee, an applicant for licensure who is an
19 acupuncturist under the laws of another state if the
20 requirements pertaining to acupuncture in that state were at
21 the date of his or her licensure substantially equal to the
22 requirements in force in Illinois on that date or if an
23 applicant possesses individual qualifications that are
24 substantially equal to the requirements under this Act.
25 An applicant has 3 years from the date of his or her
26 application to complete the application process. If the
27 process has not been completed in 3 years, the application
28 shall be denied, the fee shall be forfeited, and the
29 applicant must reapply and meet the requirements in effect at
30 the time of reapplication.
31 (225 ILCS 2/60)
32 Sec. 60. Display of license registration certificate;
-9- LRB9003437DPpc
1 change of address. A holder of a license registration
2 certificate under this Act shall display the license
3 certificate in a conspicuous place in the office or offices
4 where the holder practices acupuncture. A licensee
5 registrant shall, whenever requested, exhibit his or her
6 license certificate of registration to any representative of
7 the Department and shall notify the Department of the address
8 or addresses, and of every change of address, where the
9 licensee registrant practices acupuncture.
10 (Source: P.A. 89-706, eff. 1-31-97.)
11 (225 ILCS 2/70)
12 Sec. 70. Renewal, reinstatement, or restoration of
13 license registration; continuing education; military service.
14 The expiration date and renewal period for each license
15 registration issued under this Act shall be set by rule. The
16 holder of a license registration certificate may renew that
17 license registration during the month preceding its
18 expiration date by paying the required fee.
19 In order to renew or restore a license, All renewal
20 applicants shall provide proof of having met the requirements
21 of continuing education registration set forth in the rules
22 of the Department.
23 A person who has permitted his or her license to expire
24 or who has had his or her license on inactive status may have
25 the license restored by submitting an application to the
26 Department, by meeting continuing education requirements, and
27 by filing proof acceptable to the Department of fitness to
28 have the license restored, which may include sworn evidence
29 certifying to active practice in another jurisdiction
30 satisfactory to the Department and by paying the required
31 restoration fee. If the person has not maintained an active
32 practice in another jurisdiction satisfactory to the
33 Department, the Department shall determine, by an evaluation
-10- LRB9003437DPpc
1 program established by rule, his or her fitness to resume
2 active status and may require the person to complete a period
3 of evaluated clinical experience and may require successful
4 completion of a practical examination.
5 Any acupuncturist whose license registration expired
6 while he or she was (1) in federal service on active duty
7 with the Armed Forces of the United States or the State
8 Militia called into service or training or (2) in training or
9 education under the supervision of the United States
10 preliminary to induction into the military service, however,
11 may have his or her registration restored without paying any
12 lapsed renewal fees if within 2 years after honorable
13 termination of service, training, or education, he or she
14 furnishes the Department with satisfactory evidence that he
15 or she has been so engaged and that his or her service,
16 training, or education has been terminated.
17 (Source: P.A. 89-706, eff. 1-31-97.)
18 (225 ILCS 2/75 new)
19 Sec. 75. Inactive licenses. A licensee who notifies the
20 Department in writing on forms prescribed by the Department
21 may elect to place his or her license on inactive status and
22 shall, subject to rules of the Department, be excused from
23 payment of renewal fees until he or she notifies the
24 Department in writing of his or her desire to resume active
25 status. A licensee requesting restoration from inactive
26 status shall be required to pay the current renewal fee,
27 shall meet the continuing education requirements, and shall
28 be required to restore his or her license as provided in
29 Section 70 of this Act.
30 (225 ILCS 2/80)
31 Sec. 80. Fees. The Department shall provide by rule for
32 a schedule of fees for the administration and enforcement of
-11- LRB9003437DPpc
1 this Act, including but not limited to original licensure,
2 renewal, and restoration. The fees shall be nonrefundable.
3 The fees for application for registration, the renewal of a
4 registration, and all other purposes are not refundable and
5 shall be adopted by rule.
6 All fees collected under this Act shall be deposited into
7 the General Professions Dedicated Fund and shall be
8 appropriated to the Department for the ordinary and
9 contingent expenses of the Department in the administration
10 of this Act.
11 (Source: P.A. 89-706, eff. 1-31-97.)
12 (225 ILCS 2/90)
13 Sec. 90. Roster. The Department shall maintain a roster
14 of the names and addresses of all licensees registrants and
15 of all persons person whose licenses registrations have been
16 disciplined. This roster shall be available upon written
17 request and payment of the required fee.
18 (Source: P.A. 89-706, eff. 1-31-97.)
19 (225 ILCS 2/100)
20 Sec. 100. Advertisement. Any person licensed registered
21 under this Act may advertise the availability of professional
22 services in the public media or on the premises where such
23 professional services are rendered. Such advertising shall
24 be limited to the following information:
25 (1) publication of the person's name, title, office
26 hours, address and telephone number;
27 (2) information pertaining to the person's areas of
28 specialization or limitation of professional practice;
29 (3) information on usual and customary fees for
30 routine professional services offered, which information
31 shall include, notification that fees may be adjusted due
32 to complications or unforeseen circumstances;
-12- LRB9003437DPpc
1 (4) announcement of the opening of, change of,
2 absence from, or return to business;
3 (5) announcement of additions to or deletions from
4 professional registered staff; and
5 (6) the issuance of business or appointment cards.
6 It is unlawful for any person registered under this Act
7 to use testimonials or claims of superior quality of care to
8 entice the public. It shall be unlawful to advertise fee
9 comparisons of available services with those of other persons
10 providing acupuncture services.
11 This Act does not authorize the advertising of
12 professional services that the offeror of such services is
13 not licensed registered to render. Nor shall the advertiser
14 use statements that contain false, fraudulent, deceptive, or
15 misleading material or guarantees of success, statements that
16 play upon the vanity or fears of the public, or statements
17 that promote or produce unfair competition.
18 (Source: P.A. 89-706, eff. 1-31-97.)
19 (225 ILCS 2/105 new)
20 Sec. 105. Unlicensed practice; civil penalty. A person
21 who practices, offers to practice, attempts to practice, or
22 holds himself or herself out to practice as a licensed
23 acupuncturist without being licensed under this Act shall, in
24 addition to any other penalty provided by law, pay a civil
25 penalty to the Department in an amount not to exceed $5,000
26 for each offense as determined by the Department. The civil
27 penalty shall be assessed by the Department after a hearing
28 is held in accordance with the provisions set forth in this
29 Act regarding the provision of a hearing for the discipline
30 of a licensee.
31 (225 ILCS 2/110)
32 Sec. 110. Grounds for disciplinary action.
-13- LRB9003437DPpc
1 (a) The Department may refuse to issue or to renew,
2 place on probation, suspend, revoke or take other
3 disciplinary action as deemed appropriate including the
4 imposition of or may revoke a registration or impose fines
5 not to exceed $5,000 for each violation, as the Department
6 may deem proper, with regard to a license registration for
7 any one or combination of the following causes:
8 (1) Violations of the Act or its rules.
9 (2) Conviction of any crime under the laws of any
10 U.S. jurisdiction that is (i) a felony, (ii) a
11 misdemeanor, an essential element of which is dishonesty,
12 or (iii) directly related to the practice of the
13 profession.
14 (3) Making any misrepresentation for the purpose of
15 obtaining a license registration.
16 (4) Aiding or assisting another person in violating
17 any provision of this Act or its rules.
18 (5) Failing to provide information within 60 days
19 in response to a written request made by the Department
20 which has been sent by certified or registered mail to
21 the licensee's registrant's last known address.
22 (6) Discipline by another U.S. jurisdiction or
23 foreign nation, if at least one of the grounds for the
24 discipline is the same or substantially equivalent to one
25 set forth in this Section.
26 (7) Solicitation of professional services by means
27 other than permitted under this Act advertising.
28 (8) Failure to provide a patient with a copy of his
29 or her record upon the written request of the patient.
30 (9) Gross negligence in the practice of acupuncture
31 Conviction by any court of competent jurisdiction, either
32 within or outside of this State, or any violation of any
33 law governing the practice of acupuncture; conviction in
34 this or another state of any crime which is a felony
-14- LRB9003437DPpc
1 under the laws of this State or conviction of a felony in
2 a federal court, if the Department determines after
3 investigation that the person has not been sufficiently
4 rehabilitated to warrant the public trust.
5 (10) Habitual or excessive use or addiction to
6 alcohol, narcotics, stimulants, or any other chemical
7 agent or drug that results in an acupuncturist's
8 inability to practice with reasonable judgment, skill, or
9 safety.
10 (11) (10) A finding that licensure registration has
11 been applied for or obtained by fraudulent means.
12 (12) A pattern of practice or other behavior that
13 demonstrates incapacity or incompetence to practice under
14 this Act.
15 (13) (11) Being named as a perpetrator in an
16 indicated report by the Department of Children and Family
17 Services under the Abused and Neglected Child Reporting
18 Act and upon proof by clear and convincing evidence that
19 the licensee registrant has caused a child to be an
20 abused child or a neglected child as defined in the
21 Abused and Neglected Child Reporting Act.
22 (14) (12) Wilfully failing to report an instance of
23 suspected child abuse or neglect as required by the
24 Abused and Neglected Child Reporting Act.
25 (15) (13) The use of any words, abbreviations,
26 figures or letters (such as Acupuncturist, Licensed
27 Registered Acupuncturist, Certified Acupuncturist, C.A.,
28 Act., Lic. Reg. Act., or Lic. Reg. Ac.) with the
29 intention of indicating practice as a licensed registered
30 acupuncturist without a valid license registration as an
31 acupuncturist issued under this Act.
32 (16) Using testimonials or claims of superior
33 quality of care to entice the public or advertising fee
34 comparisons of available services with those of other
-15- LRB9003437DPpc
1 persons providing acupuncture services.
2 (17) Advertising of professional services that the
3 offeror of the services is not licensed to render.
4 Advertising of professional services that contains false,
5 fraudulent, deceptive, or misleading material or
6 guarantees of success, statements that play upon the
7 vanity or fears of the public, or statements that promote
8 or produce unfair competition.
9 (14) The performance of acupuncture service in
10 conjunction with a scheme or plan with another person,
11 firm, or corporation known by the registrant to be
12 advertising in a manner contrary to this Act or otherwise
13 violating the laws of the State of Illinois concerning
14 the practice of acupuncture.
15 (18) (15) Having treated ailments of human beings
16 other than by the practice of acupuncture as defined in
17 this Act, or having treated ailments of human beings as a
18 licensed registered acupuncturist independent of a
19 written referral order from a physician or dentist, or
20 having failed to notify the physician or dentist who
21 established the diagnosis that the patient is receiving
22 acupuncture treatment pursuant to that diagnosis.
23 (19) Unethical, unauthorized, or unprofessional
24 conduct as defined by rule.
25 (20) Physical illness including but not limited to
26 deterioration through the aging process, mental illness,
27 or disability that results in the inability to practice
28 the profession with reasonable judgment, skill, and
29 safety.
30 (21) Violation of the Health Care Worker
31 Self-Referral Act.
32 The entry of an order by a circuit court establishing
33 that any person holding a license under this Act is subject
34 to involuntary admission or judicial admission as provided
-16- LRB9003437DPpc
1 for in the Mental Health and Developmental Disabilities Code,
2 operates as an automatic suspension of that license. That
3 person may have his or her license restored only upon the
4 determination by a circuit court that the patient is no
5 longer subject to involuntary admission or judicial admission
6 and the issuance of an order so finding and discharging the
7 patient and upon the Board's recommendation to the Department
8 that the license be restored. Where the circumstances so
9 indicate, the Board may recommend to the Department that it
10 require an examination prior to restoring a suspended
11 license.
12 The Department may refuse to issue or renew the
13 registration of any person who fails to (i) file a return or
14 to pay the tax, penalty or interest shown in a filed return
15 or (ii) pay any final assessment of the tax, penalty, or
16 interest as required by any tax Act administered by the
17 Illinois Department of Revenue, until the time that the
18 requirements of that tax Act are satisfied.
19 In enforcing this Section, the Department or Board upon a
20 showing of a possible violation may compel an individual
21 licensed to practice under this Act, or who has applied for
22 licensure under this Act, to submit to a mental or physical
23 examination, or both, as required by and at the expense of
24 the Department. The Department or Board may order the
25 examining physician to present testimony concerning the
26 mental or physical examination of the licensee or applicant.
27 No information shall be excluded by reason of any common law
28 or statutory privilege relating to communications between the
29 licensee or applicant and the examining physician. The
30 examining physicians shall be specifically designated by the
31 Board or Department. The individual to be examined may have,
32 at his or her own expense, another physician of his or her
33 choice present during all aspects of this examination.
34 Failure of an individual to submit to a mental or physical
-17- LRB9003437DPpc
1 examination, when directed, shall be grounds for suspension
2 of his or her license until the individual submits to the
3 examination if the Department finds, after notice and
4 hearing, that the refusal to submit to the examination was
5 without reasonable cause.
6 If the Department or Board finds an individual unable to
7 practice because of the reasons set forth in this Section,
8 the Department or Board may require that individual to submit
9 to care, counseling, or treatment by physicians approved or
10 designated by the Department or Board, as a condition, term,
11 or restriction for continued, reinstated, or renewed
12 licensure to practice; or, in lieu of care, counseling, or
13 treatment, the Department may file, or the Board may
14 recommend to the Department to file, a complaint to
15 immediately suspend, revoke, or otherwise discipline the
16 license of the individual. An individual whose license was
17 granted, continued, reinstated, renewed, disciplined or
18 supervised subject to such terms, conditions, or
19 restrictions, and who fails to comply with such terms,
20 conditions, or restrictions, shall be referred to the
21 Director for a determination as to whether the individual
22 shall have his or her license suspended immediately, pending
23 a hearing by the Department.
24 In instances in which the Director immediately suspends a
25 person's license under this Section, a hearing on that
26 person's license must be convened by the Department within 15
27 days after the suspension and completed without appreciable
28 delay. The Department and Board shall have the authority to
29 review the subject individual's record of treatment and
30 counseling regarding the impairment to the extent permitted
31 by applicable federal statutes and regulations safeguarding
32 the confidentiality of medical records.
33 An individual licensed under this Act and affected under
34 this Section shall be afforded an opportunity to demonstrate
-18- LRB9003437DPpc
1 to the Department or Board that he or she can resume practice
2 in compliance with acceptable and prevailing standards under
3 the provisions of his or her license.
4 (Source: P.A. 89-706, eff. 1-31-97.)
5 (225 ILCS 2/130)
6 Sec. 130. Injunctions; criminal offenses; cease and
7 desist order.
8 (a) If any person violates the provisions of this Act,
9 the Director may, in the name of the People of the State of
10 Illinois, through the Attorney General of the State of
11 Illinois or the State's Attorney for any county in which the
12 action is brought, petition for an order enjoining the
13 violation or for an order enforcing compliance with this Act.
14 Upon the filing of a verified petition in court, the court
15 may issue a temporary restraining order, without notice or
16 condition bond, and may preliminarily and permanently enjoin
17 the violation. If it is established that the person has
18 violated or is violating the injunction, the Court may punish
19 the offender for contempt of court. Proceedings under this
20 Section shall be in addition to, and not in lieu of, all
21 other remedies and penalties provided by this Act.
22 (b) Whenever in the opinion of the Department a person
23 violates a provision of this Act, the Department may issue a
24 rule to show cause why an order to cease and desist should
25 not be entered against that person. The rule shall clearly
26 set forth the grounds relied upon by the Department and shall
27 allow at least 7 days from the date of the rule to file an
28 answer to the satisfaction of the Department. Failure to
29 answer to the satisfaction of the Department shall cause an
30 order to cease and desist to be issued immediately.
31 (c) (b) Other than as provided in Section 20 of this
32 Act, if any person practices as an acupuncturist or holds
33 himself or herself out as a licensed registered acupuncturist
-19- LRB9003437DPpc
1 under this Act without being issued a valid existing license
2 registration by the Department, then any licensed registered
3 acupuncturist, any interested party, or any person injured
4 thereby may, in addition to the Director, petition for relief
5 as provided in subsection (a) of this Section.
6 Whoever knowingly practices or offers to practice
7 acupuncture in this State without being registered for that
8 purpose shall be guilty of a Class A misdemeanor and for each
9 subsequent conviction, shall be guilty of a Class 4 felony.
10 Notwithstanding any other provision of this Act, all criminal
11 fines, monies, or other property collected or received by the
12 Department under this Section or any other State or federal
13 statute, including, but not limited to, property forfeited to
14 the Department under Section 505 of the Illinois Controlled
15 Substances Act, shall be deposited into the Professional
16 Regulation Evidence Fund.
17 (c) Whenever in the opinion of the Department any person
18 violates any provision of this Act, the Department may issue
19 a rule to show cause why an order to cease and desist should
20 not be entered against that person. The rule shall clearly
21 set forth the grounds relied upon the Department and shall
22 provide a period of 7 days from the date of the rule to file
23 an answer to the satisfaction of the Department. Failure to
24 answer to the satisfaction of the Department shall cause an
25 order to cease and desist to be issued immediately.
26 (Source: P.A. 89-706, eff. 1-31-97.)
27 (225 ILCS 2/135 new)
28 Sec. 135. Criminal violations. Whoever knowingly
29 practices or offers to practice acupuncture in this State
30 without being licensed for that purpose shall be guilty of a
31 Class A misdemeanor and for each subsequent conviction shall
32 be guilty of a Class 4 felony. Notwithstanding any other
33 provision of this Act, all criminal fines, moneys, or other
-20- LRB9003437DPpc
1 property collected or received by the Department under this
2 Section or any other State or federal statute, including but
3 not limited to property forfeited to the Department under
4 Section 505 of the Illinois Controlled Substances Act, shall
5 be deposited into the Professional Regulation Evidence Fund.
6 (225 ILCS 2/140)
7 Sec. 140. Investigation; notice; hearing. Licenses may
8 be refused, revoked, suspended, or otherwise disciplined in
9 the manner provided by this Act and not otherwise. The
10 Department may upon its own motion and shall upon the
11 verified complaint in writing of any person setting forth
12 facts that if proven would constitute grounds for refusal to
13 issue or for suspension or revocation under this Act,
14 investigate the actions of a person applying for, holding, or
15 claiming to hold a license. The Department shall, before
16 refusing to issue or renew, suspending, or revoking a license
17 or taking other discipline pursuant to Section 110 of this
18 Act, and at least 30 days prior to the date set for the
19 hearing, notify in writing the applicant or licensee of any
20 charges made, shall afford the applicant or licensee an
21 opportunity to be heard in person or by counsel in reference
22 to the charges, and direct the applicant or licensee to file
23 a written answer to the Department under oath within 20 days
24 after the service of the notice and inform the applicant or
25 licensee that failure to file an answer will result in
26 default being taken against the applicant or licensee and
27 that the license may be suspended, revoked, placed on
28 probationary status, or other disciplinary action may be
29 taken, including limiting the scope, nature, or extent of
30 practice, as the Director may deem proper. Written notice
31 may be served by personal delivery to the applicant or
32 licensee or by mailing the notice by certified mail to his or
33 her last known place of residence or to the place of business
-21- LRB9003437DPpc
1 last specified by the applicant or licensee in his or her
2 last notification to the Department. If the person fails to
3 file an answer after receiving notice, his or her license
4 may, in the discretion of the Department, be suspended,
5 revoked, or placed on probationary status or the Department
6 may take whatever disciplinary action deemed proper,
7 including limiting the scope, nature, or extent of the
8 person's practice or the imposition of a fine, without a
9 hearing, if the act or acts charged constitute sufficient
10 grounds for such action under this Act. At the time and
11 place fixed in the notice, the Department shall proceed to
12 hearing of the charges and both the applicant or licensee and
13 the complainant shall be afforded ample opportunity to
14 present, in person or by counsel, any statements, testimony,
15 evidence, and arguments that may be pertinent to the charges
16 or to their defense. The Department may continue a hearing
17 from time to time. If the Board is not sitting at the time
18 and place fixed in the notice or at the time and place to
19 which the hearing shall have been continued, the Department
20 may continue the hearing for a period not to exceed 30 days.
21 Investigation; notice; hearing. The Department may
22 investigate the actions of any applicant or of any person or
23 persons holding or claiming to hold a registration. Before
24 taking any disciplinary action with regard to any
25 registration, at least 30 days prior to the date set for the
26 hearing, the Department shall (i) notify the accused in
27 writing of any charges made and the time and place for a
28 hearing of the charges before the Department, (ii) direct him
29 or her to file a written answer with the Department under
30 oath within 20 days after the service of the notice, and
31 (iii) inform him or her that failure answer shall result in
32 default being taken against him or her and his or her
33 registration being disciplined, as the Department may deem
34 proper. The written notice may be served by personal
-22- LRB9003437DPpc
1 delivery or certified delivery or certified or registered
2 mail to the registrant. At the time and place fixed in the
3 notice, the Department shall proceed to hear the charges and
4 the parties, or their counsel, shall be accorded ample
5 opportunity to present any statements, testimony, evidence
6 and argument that may be pertinent to the charges or to their
7 defense. The Department may continue the hearing from time
8 to time. At the discretion of the Director, the accused
9 person's registration may be disciplined as the Director may
10 deem proper, including limiting the scope, nature, or extent
11 of the person's practice, without a hearing, if the act or
12 acts charged constitute sufficient grounds for that action
13 under this Act.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/145)
16 Sec. 145. Formal hearing; preservation of record. The
17 Department, at its expense, shall preserve a record of all
18 proceedings at the formal hearing of any case involving the
19 refusal to issue or renew a license registration or
20 discipline of a licensee registrant. The notice of hearing,
21 complaint, and all other documents in the nature of pleadings
22 and written motions filed in the proceedings, the transcript
23 of testimony, the report of the hearing officer, and order of
24 the Department shall be the record of the proceeding.
25 (Source: P.A. 89-706, eff. 1-31-97.)
26 (225 ILCS 2/150)
27 Sec. 150. Witnesses; production of documents; contempt.
28 Any circuit court may, upon application of the Department or
29 its designee or of the applicant or licensee registrant
30 against whom proceedings under Section 140 of this Act are
31 pending, enter an order requiring the attendance of witnesses
32 and their testimony and the production of documents, papers,
-23- LRB9003437DPpc
1 files, books, and records in connection with any hearing or
2 investigation. The court may compel obedience to its order
3 by proceedings for contempt.
4 (Source: P.A. 89-706, eff. 1-31-97.)
5 (225 ILCS 2/152 new)
6 Sec. 152. Certification of record. The Department shall
7 not be required to certify a record to the court, file any
8 answer in court, or otherwise appear in any court in a
9 judicial review proceeding, unless there is filed in the
10 court with the complaint a receipt from the Department
11 acknowledging payment of the costs of furnishing and
12 certifying the record. Failure on the part of the plaintiff
13 to file a receipt in court shall be grounds for dismissal of
14 the action.
15 (225 ILCS 2/154 new)
16 Sec. 154. Compelling testimony. Any circuit court may,
17 upon application of the Department or its designee or of the
18 applicant or licensee against whom proceedings pursuant to
19 Section 20 of this Act are pending, enter an order requiring
20 the attendance of witnesses and their testimony, and the
21 production of documents, papers, files, books, and records in
22 connection with any hearing or investigation. The court may
23 compel obedience to its order through proceedings for
24 contempt.
25 (225 ILCS 2/155)
26 Sec. 155. Subpoena; oaths. The Department shall have
27 power to subpoena and bring before it any person in this
28 State and to take testimony either orally or by deposition or
29 both with the same fees and mileage and in the same manner as
30 prescribed by law in judicial proceedings in civil cases in
31 circuit courts of this State. The Department shall also have
-24- LRB9003437DPpc
1 the power to subpoena the production of documents, papers,
2 files, books, and records in connection with a hearing or
3 investigation.
4 The Director and the hearing officer designated by the
5 Director shall each have power to administer oaths to
6 witnesses at any hearing that the Department is authorized to
7 conduct under this Act and any other oaths required or
8 authorized to be administered by the Department under this
9 Act.
10 (Source: P.A. 89-706, eff. 1-31-97.)
11 (225 ILCS 2/160)
12 Section 160. Findings of facts, conclusions of law, and
13 recommendations. At the conclusion of the hearing, the
14 hearing officer shall present to the Director a written
15 report of its findings of fact, conclusions of law, and
16 recommendations. The report shall contain a finding whether
17 or not the accused person violated this Act or failed to
18 comply with the conditions required in this Act. The hearing
19 officer shall specify the nature of the violation or failure
20 to comply and shall make his or her recommendations to the
21 Director.
22 The report of findings of fact, conclusions of law, and
23 recommendations of the hearing officer may shall be the basis
24 of the order of the Department. If the Director disagrees in
25 any regard with the report of the hearing officer, the
26 Director shall may issue an order in contravention of the
27 report. Within 60 days after taking that action the Director
28 shall provide a written report to the hearing officer on any
29 deviation and shall specify with particularity the reasons
30 for the action in the final order. The finding is not
31 admissible in evidence against the person in a criminal
32 prosecution brought for the violation of this Act, but the
33 hearing and findings are not a bar to a criminal prosecution
-25- LRB9003437DPpc
1 brought for the violation of this Act.
2 (Source: P.A. 89-706, eff. 1-31-97.)
3 (225 ILCS 2/165)
4 Sec. 165. Hearing officer. The Director shall have the
5 authority to appoint any attorney duly licensed to practice
6 law in the State of Illinois to serve as the hearing officer
7 in any action for discipline of a license registration. The
8 hearing officer shall have full authority to conduct the
9 hearing. The hearing officer shall report his or her findings
10 of fact, conclusions of law, and recommendations to the Board
11 and the Director. The Board shall have 60 days after receipt
12 of the report to review the report of the hearing officer and
13 to present its findings of fact, conclusions of law, and
14 recommendations to the Director.
15 (Source: P.A. 89-706, eff. 1-31-97.)
16 (225 ILCS 2/170)
17 Sec. 170. Service of report; rehearing; order. In any
18 case involving the discipline of a license registration, a
19 copy of the hearing officer's report shall be served upon the
20 respondent by the Department, either personally or as
21 provided in this Act for the service of the notice of
22 hearing. Within 20 days after the service, the respondent
23 may present to the Department a motion in writing for a
24 rehearing that shall specify the particular grounds for
25 rehearing. If no motion for rehearing is filed, then upon
26 the expiration of the time specified for filing a motion, or
27 if a motion for rehearing is denied, then upon the denial the
28 Director may enter an order in accordance with this Act. If
29 the respondent orders from the reporting office and pays for
30 a transcript of the record within the time for filing a
31 motion for rehearing, the 20 day period within which the
32 motion may be filed shall commence upon the delivery of the
-26- LRB9003437DPpc
1 transcript to the respondent.
2 (Source: P.A. 89-706, eff. 1-31-97.)
3 (225 ILCS 2/175)
4 Sec. 175. Substantial justice to be done; rehearing.
5 Whenever the Director is satisfied that substantial justice
6 has not been done in the discipline of a license
7 registration, the Director may order a rehearing by the same
8 or another hearing officer.
9 (Source: P.A. 89-706, eff. 1-31-97.)
10 (225 ILCS 2/180)
11 Sec. 180. Order or certified copy as prima facie proof.
12 An order or a certified copy thereof, over the seal of the
13 Department and purporting to be signed by the Director, shall
14 be prima facie proof:
15 (1) that the signature is the genuine signature of
16 the Director; and
17 (2) that such Director is duly appointed and
18 qualified; and.
19 (3) that the Board and its members are qualified to
20 act.
21 (Source: P.A. 89-706, eff. 1-31-97.)
22 (225 ILCS 2/185)
23 Sec. 185. Restoration of license registration. At any
24 time after the suspension or revocation of any license
25 registration the Department may restore it to the accused
26 person, unless after an investigation and a hearing the
27 Department determines that restoration is not in the public
28 interest. Where circumstances of suspension or revocation so
29 indicate, the Department may require an examination of the
30 accused person prior to restoring his or her license.
31 (Source: P.A. 89-706, eff. 1-31-97.)
-27- LRB9003437DPpc
1 (225 ILCS 2/195)
2 Sec. 195. Imminent danger to public; temporary
3 suspension. The Director may temporarily suspend the license
4 registration of an acupuncturist without a hearing,
5 simultaneously with the institution of proceedings for a
6 hearing provided for in Section 140 of this Act, if the
7 Director finds that evidence in his or her possession
8 indicates that continuation in practice would constitute an
9 imminent danger to the public. In the event that the
10 Director temporarily suspends a license registration without
11 a hearing, a hearing by the Department must be held within 30
12 days after the suspension has occurred and be concluded
13 without appreciable delay.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/45 rep.)
16 (225 ILCS 2/205 rep.)
17 Section 15. The Acupucture Practice Act is amended by
18 repealing Sections 45 and 205.
19 Section 20. The Marriage and Family Therapy Licensing Act
20 is amended by changing Sections 20, 25, 30, 40, 45, 55, 60,
21 65, 85, 90, 95, and 165 as follows:
22 (225 ILCS 55/20) (from Ch. 111, par. 8351-20)
23 Sec. 20. Powers and duties of the Department. Subject
24 to the provisions of this Act, the Department shall exercise
25 the following functions, powers, and duties:
26 (a) Conduct or authorize examinations to ascertain
27 the fitness and qualifications of applicants for
28 licensure and issue licenses to those who are found to be
29 fit and qualified.
30 (b) Prescribe rules and regulations for a method of
31 examination of candidates.
-28- LRB9003437DPpc
1 (b-5) Prescribe rules for determining approved
2 graduate programs and prepare and maintain a list of
3 colleges and universities offering approved programs.
4 (c) Conduct hearings on proceedings to revoke,
5 suspend, or refuse to issue licenses.
6 (d) Promulgate rules and regulations required for
7 the administration of this Act.
8 The Board may make recommendations on matters relating to
9 continuing education, including the number of hours necessary
10 for license renewal, waivers for those unable to meet the
11 requirements, and acceptable course content.
12 (Source: P.A. 87-783; 87-1237.)
13 (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
14 Sec. 25. Marriage and Family Therapy Licensing and
15 Disciplinary Board.
16 (a) There is established within the Department the
17 Marriage and Family Therapy Licensing and Disciplinary Board
18 to be appointed by the Director. The Board shall be composed
19 of 7 persons who shall serve in an advisory capacity to the
20 Director. The Board shall elect a chairperson and a vice
21 chairperson chairman.
22 (b) In appointing members of the Board, the Director
23 shall give due consideration to recommendations by members of
24 the profession of marriage and family therapy and by the
25 statewide organizations solely representing the interests of
26 marriage and family therapists.
27 (c) Five members of the Board shall be marriage and
28 family therapists who have been in active practice for at
29 least 5 years immediately preceding their appointment, or
30 engaged in the education and training of masters, doctoral,
31 or post-doctoral students of marriage and family therapy, or
32 engaged in marriage and family therapy research. Each
33 marriage or family therapy teacher or researcher shall have
-29- LRB9003437DPpc
1 spent the majority of the time devoted to the study or
2 research of marriage and family therapy during the 2 years
3 immediately preceding his or her appointment to the Board.
4 The initial appointees shall be licensed under this Act
5 within one year after appointment to the Board.
6 (d) Two members shall be representatives of the general
7 public who have no direct affiliation or work experience with
8 the practice of marriage and family therapy and who clearly
9 represent consumer interests.
10 (e) Board members Of the first Board members appointed,
11 3 members shall be appointed to serve for 2 years, 2 shall be
12 appointed to serve for 3 years, and the remaining 2 shall be
13 appointed to serve for 4 years. Their successors shall be
14 appointed for terms of 4 years each, except that any person
15 chosen to fill a vacancy shall be appointed only for the
16 unexpired term of the Board member whom he or she shall
17 succeed. Upon the expiration of this term of office, a Board
18 member shall continue to serve until a successor is appointed
19 and qualified. No member shall be reappointed to the Board
20 for a term that would cause continuous service on the Board
21 to be longer than 8 years.
22 (f) The membership of the Board shall reasonably reflect
23 representation from the various geographic areas of the
24 State.
25 (g) Members of the Board shall be immune from suit in
26 any action based upon any disciplinary proceedings or other
27 activities performed in good faith as members of the Board.
28 (h) The Director may remove any member of the Board for
29 any cause that, in the opinion of the Director, reasonably
30 justifies termination.
31 (i) The Director may consider the recommendations of the
32 Board on questions of standards of professional conduct,
33 discipline, and qualification of candidates or licensees
34 under this Act.
-30- LRB9003437DPpc
1 (j) The members of the Board shall be reimbursed for all
2 legitimate, necessary, and authorized expenses.
3 (k) A majority of the Board members currently appointed
4 shall constitute a quorum. A vacancy in the membership of the
5 Board shall not impair the right of a quorum to exercise all
6 the rights and perform all the duties of the Board.
7 (Source: P.A. 87-783; 87-1237.)
8 (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
9 Sec. 30. Application.
10 (a) Applications for original licensure shall be made to
11 the Department in writing on forms prescribed by the
12 Department and shall be accompanied by the appropriate
13 documentation and the required fee, which fee is
14 nonrefundable. Any application shall require such
15 information as, in the judgment of the Department, will
16 enable the Department to pass on the qualifications of the
17 applicant for licensing.
18 (b) Applicants have 3 years from the date of application
19 to complete the application process. If the application has
20 not been completed within 3 years, the application shall be
21 denied, the fee shall be forfeited, and the applicant must
22 reapply and meet the requirements in effect at the time of
23 reapplication.
24 (c) A license shall not be denied to an applicant
25 because of the applicant's race, religion, creed, national
26 origin, political beliefs or activities, age, sex, sexual
27 orientation, or physical impairment If an applicant neglects,
28 fails or refuses to take an examination, or fails to pass an
29 examination for a license under this Act within 3 years after
30 filing an application, the application is denied. However,
31 the applicant may thereafter make a new application
32 accompanied by the required fee and shall meet the
33 requirements in force at the time of making the new
-31- LRB9003437DPpc
1 application.
2 (Source: P.A. 87-783; 87-1237.)
3 (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
4 Sec. 40. Qualifications for licensure.
5 (a) A person is qualified for licensure as a marriage
6 and family therapist if that person:
7 (1) is at least 21 years of age;
8 (2) has applied in writing on forms prepared and
9 furnished by the Department;
10 (3) (blank);
11 (4) has not engaged or is not engaged in any
12 practice or conduct that would be grounds for
13 disciplining a licensee under Section 85 of this Act;
14 (5) satisfies the education and experience
15 requirements of subsection (b) of this Section; and
16 (6) passes a written examination authorized by the
17 Department.
18 (b) Any person who applies to the Department shall be
19 issued a license by the Department if the person meets the
20 qualifications set forth in subsection (a) of this Section
21 and provides evidence to the Department that the person:
22 (1) holds a master's or doctoral degree in marriage
23 and family therapy approved by the Department from a
24 regionally accredited educational institution; holds a
25 master's or doctoral degree from a regionally accredited
26 educational institution in marriage and family therapy or
27 in a related field with an equivalent course of study in
28 marriage and family therapy that is recommended by the
29 Board and approved by the Department; or holds a master's
30 or doctoral degree from a program accredited by the
31 commission on accreditations for marriage and family
32 therapy education of the American Association for
33 Marriage and Family Therapists;
-32- LRB9003437DPpc
1 (2) following the receipt of the first qualifying
2 degree, has at least 2 years of experience, as defined by
3 rule, in the practice of marriage and family therapy,
4 including at least 1,000 hours of face-to-face contact
5 with couples and families for the purpose of evaluation
6 and treatment;
7 (3) has completed at least 200 hours of supervision
8 of marriage and family therapy, as defined by rule.
9 (Source: P.A. 89-387, eff. 8-20-95.)
10 (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
11 Sec. 45. Licenses; renewals; restoration; person in
12 military service.
13 (a) The expiration date and renewal period for each
14 license issued under this Act shall be set by rule. As a
15 condition for renewal of a license, the licensee shall be
16 required to complete continuing education under requirements
17 set forth in rules of the Department.
18 (b) Any person who has permitted his or her license to
19 expire may have his or her license restored by making
20 application to the Department and filing proof acceptable to
21 the Department of fitness to have his or her license
22 restored, which may include sworn evidence certifying to
23 active practice in another jurisdiction satisfactory to the
24 Department, complying with any continuing education
25 requirements, and paying the required restoration fee.
26 (c) If the person has not maintained an active practice
27 in another jurisdiction satisfactory to the Department, the
28 Board shall determine, by an evaluation program established
29 by rule, the person's fitness to resume active status and may
30 require the person to complete a period of evaluated clinical
31 experience and successful completion of a practical
32 examination.
33 However, any person whose license expired while (i) in
-33- LRB9003437DPpc
1 federal service on active duty with the Armed Forces of the
2 United States or called into service or training with the
3 State Militia, or (ii) in training or education under the
4 supervision of the United States preliminary to induction
5 into the military service may have his or her license renewed
6 or restored without paying any lapsed renewal fees if, within
7 2 years after honorable termination of the service, training
8 or education, except under condition other than honorable, he
9 or she furnishes the Department with satisfactory evidence to
10 the effect that he or she has been so engaged and that the
11 service, training, or education has been so terminated.
12 (d) Any person who notifies the Department, in writing
13 on forms prescribed by the Department, may place his or her
14 license on inactive status and shall be excused from the
15 payment of renewal fees until the person notifies the
16 Department in writing of the intention to resume active
17 practice.
18 (e) Any person requesting his or her license be changed
19 from inactive to active status shall be required to pay the
20 current renewal fee and shall also demonstrate compliance
21 with the continuing education requirements.
22 (f) Any marriage and family therapist whose license is
23 nonrenewed or on inactive status shall not engage in the
24 practice of marriage and family therapy in the State of
25 Illinois and use the title or advertise that he or she
26 performs the services of a "licensed marriage and family
27 therapist".
28 (g) Any person violating subsection (f) of this Section
29 shall be considered to be practicing without a license and
30 will be subject to the disciplinary provisions of this Act.
31 (h) (Blank) A license to practice shall not be denied
32 any applicant because of the applicant's race, religion,
33 creed, national origin, political beliefs or activities, age,
34 sex, sexual orientation, or physical impairment.
-34- LRB9003437DPpc
1 (Source: P.A. 87-783; 87-1237.)
2 (225 ILCS 55/55) (from Ch. 111, par. 8351-55)
3 Sec. 55. Fees. The fees imposed under this Act are as
4 follows and are not refundable:
5 (a) Except as provided in subsection (c), the fees for
6 the administration and enforcement of this Act, including but
7 not limited to original licensure, renewal, and restoration,
8 shall be set by rule of the Department. The fees shall be
9 nonrefundable The fee for original application for a license
10 as a licensed marriage and family therapist is $100.
11 (b) (Blank) The fee for a temporary license is $100.
12 (c) In addition to the application fee, applicants for
13 the examination are required to pay, either to the Department
14 or the designated testing service, a fee covering the cost of
15 determining an applicant's eligibility and providing the
16 examination. Failure to appear for the examination on the
17 scheduled date, at the time and place specified, after the
18 applicant's application and fee for examination have been
19 received and acknowledged by the Department or the designated
20 testing service, shall result in the forfeiture of the fee.
21 (d) The fee for the renewal of a license is $60 per
22 year.
23 (e) The fee for the restoration of a license that has
24 been expired for 5 years or less is $20 plus payment of all
25 unpaid fees for every year the license has been lapsed.
26 (f) The fee for the restoration of a license that has
27 been expired for more than 5 years is $200.
28 (g) The fee for the issuance of a duplicate license, a
29 replacement license for a license that has been lost or
30 destroyed, or a license with a change of name or address,
31 other than during the renewal period is $20. No fee is
32 required for name and address changes on Department records
33 when no duplicate license is issued.
-35- LRB9003437DPpc
1 (h) The fee for the certification of a license for any
2 purpose is $20.
3 (i) The fee to have the scoring of an examination
4 administered by the Department reviewed and verified is $20,
5 plus any fee charged by the testing service.
6 (j) The fee for a wall license is the actual cost of
7 producing the license.
8 (k) The fee for a roster of persons licensed as marriage
9 and family therapists is the actual cost of production of the
10 roster.
11 (l) The fee for application for a license by a marriage
12 and family therapist licensed under the laws of another
13 jurisdiction is $200.
14 (m) The fee for application as a continuing education
15 sponsor is $500. State agencies, State colleges and State
16 universities in Illinois are exempt from paying this fee.
17 (n) The fee for renewal as a continuing education
18 sponsor is $125 per year.
19 (Source: P.A. 87-783; 87-1237.)
20 (225 ILCS 55/60) (from Ch. 111, par. 8351-60)
21 Sec. 60. Payments; penalty for insufficient funds. Any
22 person who delivers a check or other payment to the
23 Department that is returned to the Department unpaid by the
24 financial institution upon which it is drawn shall pay to the
25 Department, in addition to the amount already owed to the
26 Department, a fine of $50. If a person practices without
27 paying the renewal fee or issuance fee and the fine due, an
28 additional fine of $100 shall be imposed. The fines imposed
29 by this Section are in addition to any other discipline
30 provided under this Act prohibiting unlicensed practice or
31 practice on a nonrenewed license. The Department shall notify
32 the person that payment of fees and fines shall be paid to
33 the Department by certified check or money order within 30
-36- LRB9003437DPpc
1 calendar days after notification. If, after the expiration of
2 30 days from the date of the notification, the person has
3 failed to submit the necessary remittance, the Department
4 shall automatically terminate the license or certificate or
5 deny the application, without hearing. If, after termination
6 or denial, the person seeks a license or certificate, he or
7 she shall apply to the Department for restoration or issuance
8 of the license or certificate and pay all fees and fines due
9 to the Department. The Department may establish a fee for the
10 processing of an application for restoration of a license or
11 certificate to pay all expenses of processing this
12 application. The Director may waive the fines due under this
13 Section in individual cases where the Director finds that the
14 fines would be unreasonable or unnecessarily burdensome.
15 (Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
16 (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
17 Sec. 65. Endorsement. The Department may issue a license
18 as a licensed marriage and family therapist, without the
19 required examination, to an applicant licensed under the laws
20 of another state if the requirements for licensure in that
21 state are, on the date of licensure, substantially equal to
22 the requirements of this Act or to a person who, at the time
23 of his or her application for licensure, possessed individual
24 qualifications that were substantially equivalent to the
25 requirements then in force in this State. An applicant under
26 this Section shall pay all of the required fees.
27 Applicants have 3 years from the date of application to
28 complete the application process. If the process has not been
29 completed within the 3 years, the application shall be
30 denied, the fee shall be forfeited, and the applicant must
31 reapply and meet the requirements in effect at the time of
32 reapplication.
33 (Source: P.A. 87-783; 87-1237.)
-37- LRB9003437DPpc
1 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
2 Sec. 85. Refusal, revocation or suspension.
3 (a) The Department may refuse to issue or renew, or may
4 revoke a license, or may suspend, place on probation, fine,
5 or take any disciplinary action as the Department may deem
6 proper, including fines not to exceed $1000 for each
7 violation, with regard to any licensee or certificate for any
8 one or combination of the following causes:
9 (1) Material misstatement in furnishing information
10 to the Department.
11 (2) Violations of this Act or its rules.
12 (3) Conviction of any crime under the laws of the
13 United States or any state or territory thereof that is
14 (i) a felony, (ii) a misdemeanor, an essential element of
15 which is dishonesty, or (iii) a crime that which is
16 related to the practice of the profession.
17 (4) Making any misrepresentation for the purpose of
18 obtaining a license or violating any provision of this
19 Act or its rules.
20 (5) Professional incompetence or gross negligence.
21 (6) Malpractice.
22 (7) Aiding or assisting another person in violating
23 any provision of this Act or its rules.
24 (8) Failing, within 60 days, to provide information
25 in response to a written request made by the Department.
26 (9) Engaging in dishonorable, unethical, or
27 unprofessional conduct of a character likely to deceive,
28 defraud or harm the public as defined by the rules of the
29 Department, or violating the rules of professional
30 conduct adopted by the Board and published by the
31 Department.
32 (10) Habitual or excessive use or addiction to
33 alcohol, narcotics, stimulants, or any other chemical
34 agent or drug that results in the inability to practice
-38- LRB9003437DPpc
1 with reasonable judgment, skill, or safety.
2 (11) Discipline by another state, territory, or
3 country if at least one of the grounds for the discipline
4 is the same or substantially equivalent to those set
5 forth in this Act.
6 (12) Directly or indirectly giving to or receiving
7 from any person, firm, corporation, partnership or
8 association any fee, commission, rebate, or other form of
9 compensation for any professional services not actually
10 or personally rendered.
11 (13) A finding by the Department that the licensee,
12 after having his or her license placed on probationary
13 status, has violated the terms of probation.
14 (14) Abandonment of a patient without cause.
15 (15) Willfully making or filing false records or
16 reports relating to a licensee's practice, including but
17 not limited to, false records filed with State agencies
18 or departments.
19 (16) Wilfully failing to report an instance of
20 suspected child abuse or neglect as required by the
21 Abused and Neglected Child Reporting Act.
22 (17) Being named as a perpetrator in an indicated
23 report by the Department of Children and Family Services
24 under the Abused and Neglected Child Reporting Act and
25 upon proof by clear and convincing evidence that the
26 licensee has caused a child to be an abused child or
27 neglected child as defined in the Abused and Neglected
28 Child Reporting Act.
29 (18) Physical or mental disability, including
30 deterioration through the aging process, or loss of
31 abilities and skills that which results in the inability
32 to practice the profession with reasonable judgment,
33 skill, or safety.
34 (19) Solicitation of professional services by using
-39- LRB9003437DPpc
1 false or misleading advertising.
2 (20) A finding that licensure has been applied for
3 or obtained by fraudulent means.
4 (21) Practicing or attempting to practice under a
5 name other than the full name as shown on the license or
6 any other legally authorized name.
7 (22) Gross overcharging for professional services
8 including filing statements for collection of fees or
9 moneys monies for which services are not rendered.
10 (b) The Department shall deny any application for a
11 license, without hearing, or renewal under this Act to any
12 person who has defaulted on an educational loan guaranteed by
13 the Illinois Student Assistance Commission; however, the
14 Department may issue a license or renewal if the person in
15 default has established a satisfactory repayment record as
16 determined by the Illinois Student Assistance Commission.
17 (c) The determination by a circuit court that a licensee
18 is subject to involuntary admission or judicial admission, as
19 provided in the Mental Health and Developmental Disabilities
20 Code, operates as an automatic suspension. The suspension
21 will terminate only upon a finding by a court that the
22 patient is no longer subject to involuntary admission or
23 judicial admission and the issuance of an order so finding
24 and discharging the patient, and upon the recommendation of
25 the Board to the Director that the licensee be allowed to
26 resume his or her practice as a licensed marriage and family
27 therapist.
28 (d) The Department may refuse to issue or may suspend
29 the license of any person who fails to file a return, pay the
30 tax, penalty, or interest shown in a filed return or pay any
31 final assessment of tax, penalty, or interest, as required by
32 any tax Act administered by the Illinois Department of
33 Revenue, until the time the requirements of the tax Act are
34 satisfied.
-40- LRB9003437DPpc
1 (e) In enforcing this Section, the Department or Board
2 upon a showing of a possible violation may compel an
3 individual licensed to practice under this Act, or who has
4 applied for licensure under this Act, to submit to a mental
5 or physical examination, or both, as required by and at the
6 expense of the Department. The Department or Board may order
7 the examining physician to present testimony concerning the
8 mental or physical examination of the licensee or applicant.
9 No information shall be excluded by reason of any common law
10 or statutory privilege relating to communications between the
11 licensee or applicant and the examining physician. The
12 examining physicians shall be specifically designated by the
13 Board or Department. The individual to be examined may have,
14 at his or her own expense, another physician of his or her
15 choice present during all aspects of this examination.
16 Failure of an individual to submit to a mental or physical
17 examination, when directed, shall be grounds for suspension
18 of his or her license until the individual submits to the
19 examination if the Department finds, after notice and
20 hearing, that the refusal to submit to the examination was
21 without reasonable cause.
22 If the Department or Board finds an individual unable to
23 practice because of the reasons set forth in this Section,
24 the Department or Board may require that individual to submit
25 to care, counseling, or treatment by physicians approved or
26 designated by the Department or Board, as a condition, term,
27 or restriction for continued, reinstated, or renewed
28 licensure to practice; or, in lieu of care, counseling, or
29 treatment, the Department may file, or the Board may
30 recommend to the Department to file, a complaint to
31 immediately suspend, revoke, or otherwise discipline the
32 license of the individual. An individual whose license was
33 granted, continued, reinstated, renewed, disciplined or
34 supervised subject to such terms, conditions, or
-41- LRB9003437DPpc
1 restrictions, and who fails to comply with such terms,
2 conditions, or restrictions, shall be referred to the
3 Director for a determination as to whether the individual
4 shall have his or her license suspended immediately, pending
5 a hearing by the Department.
6 In instances in which the Director immediately suspends a
7 person's license under this Section, a hearing on that
8 person's license must be convened by the Department within 15
9 days after the suspension and completed without appreciable
10 delay. The Department and Board shall have the authority to
11 review the subject individual's record of treatment and
12 counseling regarding the impairment to the extent permitted
13 by applicable federal statutes and regulations safeguarding
14 the confidentiality of medical records.
15 An individual licensed under this Act and affected under
16 this Section shall be afforded an opportunity to demonstrate
17 to the Department or Board that he or she can resume practice
18 in compliance with acceptable and prevailing standards under
19 the provisions of his or her license.
20 (Source: P.A. 87-783; 87-1237.)
21 (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
22 Sec. 90. Violations; injunctions; cease and desist
23 order.
24 (a) If any person violates a provision of this Act, the
25 Director may, in the name of the People of the State of
26 Illinois, through the Attorney General of the State of
27 Illinois, petition for an order enjoining the violation or
28 for an order enforcing compliance with this Act. Upon the
29 filing of a verified petition in court, the court may issue a
30 temporary restraining order, without notice or bond, and may
31 preliminarily and permanently enjoin the violation. If it is
32 established that the person has violated or is violating the
33 injunction, the Court may punish the offender for contempt of
-42- LRB9003437DPpc
1 court. Proceedings under this Section are in addition to,
2 and not in lieu of, all other remedies and penalties provided
3 by this Act.
4 (b) If any person practices as a marriage and family
5 therapist or holds himself or herself out as such without
6 having a valid license certificate under this Act, then any
7 licensee, any interested party or any person injured thereby
8 may, in addition to the Director, petition for relief as
9 provided in subsection (a) of this Section.
10 (c) Whenever in the opinion of the Department any person
11 violates any provision of this Act, the Department may issue
12 a rule to show cause why an order to cease and desist should
13 not be entered against him or her. The rule shall clearly
14 set forth the grounds relied upon by the Department and shall
15 provide a period of 7 days from the date of the rule to file
16 an answer to the satisfaction of the Department. Failure to
17 answer to the satisfaction of the Department shall cause an
18 order to cease and desist to be issued immediately.
19 (Source: P.A. 87-783.)
20 (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
21 Sec. 95. Investigation; notice and hearing. The
22 Department may investigate the actions or qualifications of
23 any person or persons holding or claiming to hold a license
24 certificate of registration. Before suspending, revoking,
25 placing on probationary status, or taking any other
26 disciplinary action as the Department may deem proper with
27 regard to any license or certificate of registration, at
28 least 30 days before the date set for the hearing, the
29 Department shall (i) notify the accused in writing of any
30 charges made and the time and place for a hearing on the
31 charges before the Board, (ii) direct him or her to file a
32 written answer to the charges with the Board under oath
33 within 20 days after the service on him or her of such
-43- LRB9003437DPpc
1 notice, and (iii) inform him or her that if he or she fails
2 to file an answer, default will be taken against him or her
3 and his or her license or certificate of registration may be
4 suspended, revoked, placed on probationary status, or other
5 disciplinary action taken with regard to the license or
6 certificate, including limiting the scope, nature, or extent
7 of his or her practice, as the Department may deem proper. In
8 case the person, after receiving notice, fails to file an
9 answer, his or her license or certificate may, in the
10 discretion of the Department, be suspended, revoked, placed
11 on probationary status, or the Department may take whatever
12 disciplinary action deemed proper, including limiting the
13 scope, nature, or extent of the person's practice or the
14 imposition of a fine, without a hearing, if the act or acts
15 charged constitute sufficient for such action under this Act.
16 This written notice and any notice in the subsequent
17 proceedings may be served by personal delivery to the accused
18 person, or by registered or certified mail to the address
19 last specified by the accused in his last notification to the
20 Department. In case the person fails to file an answer after
21 receiving notice, his or her license or certificate may, in
22 the discretion of the Department, be suspended, revoked, or
23 placed on probationary status, or the Department may take
24 whatever disciplinary action deemed proper, including
25 limiting the scope, nature, or extent of the person's
26 practice or the imposition of a fine, without a hearing, if
27 the act or acts charged constitute sufficient grounds for
28 such action under this Act. The written answer shall be
29 served by personal delivery, certified delivery, or certified
30 or registered mail to the Department. At the time and place
31 fixed in the notice, the Department shall proceed to hear the
32 charges and the parties or their counsel shall be accorded
33 ample opportunity to present such statements, testimony,
34 evidence, and argument as may be pertinent to the charges or
-44- LRB9003437DPpc
1 to the defense thereto. The Department may continue such
2 hearing from time to time. At the discretion of the Director
3 after having first received the recommendation of the Board,
4 the accused person's license certificate of registration may
5 be suspended or revoked, if the evidence constitutes
6 sufficient grounds for such action under this Act.
7 (Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
8 (225 ILCS 55/165) (from Ch. 111, par. 8351-165)
9 Sec. 165. Illinois Administrative Procedure Act. The
10 Illinois Administrative Procedure Act is expressly adopted
11 and incorporated in this Act as if all of the provisions of
12 that Act were included in this Act, except that the provision
13 of paragraph (d) of Section 10-65 of the Illinois
14 Administrative Procedure Act, which provides that at hearings
15 the license certificate holder has the right to show
16 compliance with all lawful requirements for retention,
17 continuation or renewal of the certificate, is specifically
18 excluded. For the purpose of this Act the notice required
19 under Section 10-25 of the Illinois Administrative Procedure
20 Act is deemed sufficient when mailed to the last known
21 address of a party.
22 (Source: P.A. 87-783; 88-670, eff. 12-2-94.)
23 (225 ILCS 55/50 rep.)
24 Section 25. The Marriage and Family Therapy Licensing Act
25 is amended by repealing Section 50.
26 Section 30. The Illinois Nursing Act of 1987 is amended
27 by changing Sections 3, 4, 7, 10, 11, 12, 14, 16, 17, 21, 23,
28 24, 25, 26, 27, 30, 32, 33, 35, 36, 37, 38, 39, 40, 43, and
29 47 as follows:
30 (225 ILCS 65/3) (from Ch. 111, par. 3503)
-45- LRB9003437DPpc
1 Sec. 3. Definitions. Each of the following terms, when
2 used in this Act, shall have the meaning ascribed to it in
3 this Section, except where the context clearly indicates
4 otherwise:
5 (a) "Department" means the Department of Professional
6 Regulation;
7 (b) "Director" means the Director of the Department of
8 Professional Regulation;
9 (c) "Board Committee" means the Board of Committee on
10 Nursing appointed by the Director;
11 (d) "Academic year" means the customary annual schedule
12 of courses at a college, university, or approved school,
13 customarily regarded as the school year as distinguished from
14 the calendar year;
15 (e) "Approved program of professional nursing education"
16 and "approved program of practical nursing education" are
17 programs of professional or practical nursing, respectively,
18 approved by the Department under the provisions of this Act;
19 (f) "Nursing Act Coordinator" means a registered
20 professional nurse appointed by the Director to carry out the
21 administrative policies of the Department;
22 (g) "Assistant Nursing Act Coordinator" means a
23 registered professional nurse appointed by the Director to
24 assist in carrying out the administrative policies of the
25 Department;
26 (h) "Registered" is the equivalent of "licensed";
27 (i) "Practical nurse" or "licensed practical nurse"
28 means a person who is licensed as a practical nurse under
29 this Act and practices practical nursing as defined in
30 paragraph (j) of this Section. Only a practical nurse
31 licensed under this Act is entitled to use the title
32 "licensed practical nurse" and the abbreviation "L.P.N.";
33 (j) "Practical nursing" means the performance, for
34 compensation, of acts in the care of the ill, injured, or
-46- LRB9003437DPpc
1 infirmed, selected by and performed under the direction of a
2 registered professional nurse, licensed physician, dentist,
3 or podiatrist, requiring the basic nursing skill, judgment,
4 and knowledge acquired by means of a completed course of
5 study in an approved practical nursing education program;
6 (k) "Registered nurse" or "registered professional
7 nurse" means a person who is licensed as a professional nurse
8 under this Act and practices nursing as defined in paragraph
9 (l) of this Section. Only a registered nurse licensed under
10 this Act is entitled to use the titles "registered nurse" and
11 "registered professional nurse" and the abbreviation, "R.N.";
12 (l) "Professional nursing" includes all its specialties,
13 and means the performance for compensation of any nursing
14 act, (1) in the nursing evaluation, observation, care, and
15 counsel of the ill, injured, or infirmed; (2) in the
16 maintenance of health or prevention of illness of others; (3)
17 in the administration of medications and treatments as
18 prescribed by a licensed physician, dentist, or podiatrist;
19 or (4) any act in the supervision or teaching of nursing,
20 which requires substantial, specialized judgment and skill
21 the proper performance of which is based on knowledge and
22 application of the principles of biological, physical, and
23 social science acquired by means of a completed course in an
24 approved school of professional nursing. The foregoing shall
25 not be deemed to include those acts of medical diagnosis or
26 prescription of therapeutic or corrective measures that which
27 are properly performed only by physicians licensed in the
28 State of Illinois; and
29 (m) "Current nursing practice update course" means a
30 planned nursing education curriculum approved by the
31 Department consisting of activities that which have
32 educational objectives, instructional methods, content or
33 subject matter, clinical practice, and evaluation methods,
34 related to basic review and updating content and specifically
-47- LRB9003437DPpc
1 planned for those nurses previously licensed in the United
2 States or its territories and preparing for reentry into
3 nursing practice.
4 (Source: P.A. 85-981.)
5 (225 ILCS 65/4) (from Ch. 111, par. 3504)
6 Sec. 4. Policy; application of Act. For the protection of
7 life and the promotion of health, and the prevention of
8 illness and communicable diseases, any person practicing or
9 offering to practice professional and practical nursing in
10 Illinois shall submit evidence that he or she is qualified to
11 practice, and shall be licensed as hereinafter provided under
12 this Act. No person shall practice or offer to practice
13 professional or practical nursing in Illinois or use any
14 title, sign, card or device to indicate that such a person is
15 practicing professional or practical nursing unless such
16 person has been licensed under the provisions of this Act.
17 This Act does not prohibit the following:
18 (a) The practice of nursing in Federal employment in the
19 discharge of the employee's duties by a person who is
20 employed by the United States government or any bureau,
21 division or agency thereof and is a legally qualified and
22 licensed nurse of another state or territory and not in
23 conflict with Sections 6, 12, 13, and 25 of this Act;
24 (b) Nursing that which is included in their program of
25 study by students enrolled in programs of nursing or in
26 current nurse practice update courses approved by the
27 Department;
28 (c) The furnishing of nursing assistance in an
29 emergency;
30 (d) The practice of nursing by a nurse who holds an
31 active license in another state when providing services to
32 patients in Illinois during a bonafide emergency or in
33 immediate preparation for or during interstate transit;
-48- LRB9003437DPpc
1 (e) The incidental care of the sick by members of the
2 family, domestic servants or housekeepers, or care of the
3 sick where treatment is by prayer or spiritual means;
4 (f) Persons from being employed as nursing aides,
5 attendants, orderlies and other auxiliary workers in private
6 homes, long term care facilities, nurseries, hospitals or
7 other institutions;
8 (g) The practice of practical nursing by one who has
9 applied in writing to the Department in form and substance
10 satisfactory to the Department, for a license as a licensed
11 practical nurse and has complied with all the provisions
12 under Section 12 13, except the passing of an examination to
13 be eligible to receive such license, until: the decision of
14 the Department that the applicant has failed to pass the next
15 available examination authorized by the Department, or
16 failed, without an approved excuse, to take the next
17 available examination authorized by the Department, or the
18 withdrawal of the application, not to exceed 3 months. No
19 applicant for licensure practicing under the provisions of
20 this paragraph shall practice practical nursing except under
21 the direct supervision of a registered professional nurse
22 licensed under this Act or a licensed physician, dentist or
23 podiatrist. In no instance shall any such applicant practice
24 or be employed in any supervisory capacity;
25 (h) The practice of practical nursing by one who is a
26 licensed practical nurse under the laws of another U.S.
27 jurisdiction and has applied in writing to the Department, in
28 form and substance satisfactory to the Department, for a
29 license as a licensed practical nurse and who is qualified to
30 receive such license under Section 12 13, until: (1) the
31 expiration of 6 months after the filing of such written
32 application, or (2) the withdrawal of such application, or
33 (3) the denial of such application by the Department;
34 (i) The practice of professional nursing by one who has
-49- LRB9003437DPpc
1 applied in writing to the Department in form and substance
2 satisfactory to the Department for a license as a registered
3 professional nurse and has complied with all the provisions
4 under Section 12 except the passing of an examination to be
5 eligible to receive such license until: the decision of the
6 Department that the applicant has failed to pass the next
7 available examination authorized by the Department, or
8 failed, without an approved excuse, to take the next
9 available examination authorized by the Department or the
10 withdrawal of the application, not to exceed 3 months. No
11 applicant for licensure practicing under the provisions of
12 this paragraph shall practice professional nursing except
13 under the direct supervision of a registered professional
14 nurse licensed under this Act. In no instance shall any such
15 applicant practice or be employed in any supervisory
16 capacity;
17 (j) The practice of professional nursing by one who is a
18 registered professional nurse under the laws of another
19 state, territory of the United States or country and has
20 applied in writing to the Department, in form and substance
21 satisfactory to the Department, for a license as a registered
22 professional nurse and who is qualified to receive such
23 license under Section 12, until: (1) the expiration of 6 12
24 months after the filing of such written application, or (2)
25 the withdrawal of such application, or (3) the denial of such
26 application by the Department;
27 (k) The practice of professional nursing that which is
28 included in a program of study by one who is a registered
29 professional nurse under the laws of another state or
30 territory of the United States or foreign country, territory
31 or province and who is enrolled in a graduate nursing
32 education program or a program for the completion of a
33 baccalaureate nursing degree in this State which program
34 includes clinical supervision by faculty as determined by the
-50- LRB9003437DPpc
1 educational institution offering the program and the health
2 care organization where the practice of nursing occurs. The
3 educational institution will file with the Department each
4 academic term a list of the names and origin of license of
5 all professional nurses practicing nursing as part of their
6 programs under this provision; or
7 (l) Any person licensed in this State under any other
8 Act from engaging in the practice for which she or he is
9 licensed.
10 An applicant for license practicing under the exceptions
11 set forth in subparagraphs (g), (h), (i), and (j) of this
12 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
13 Pend. respectively and no other.
14 (Source: P.A. 85-981.)
15 (225 ILCS 65/7) (from Ch. 111, par. 3507)
16 Sec. 7. Board.
17 (a) The Director shall appoint the Board Committee which
18 shall be composed of 9 registered professional nurses, 2
19 licensed practical nurses and one public member who shall be
20 a non-voting member and who is not a licensed health care
21 provider. Three registered nurses shall hold at least a
22 master's degree in nursing and be educators in professional
23 nursing programs, one representing baccalaureate nursing
24 education, one representing associate degree nursing
25 education, and one representing diploma education; one
26 registered nurse shall hold at least a bachelor's degree with
27 a major in nursing and be an educator in a licensed practical
28 nursing program; one registered nurse shall hold a master's
29 degree in nursing and shall represent nursing service
30 administration; 2 registered nurses shall represent clinical
31 nursing practice, one of whom shall have at least a master's
32 degree in nursing; and 2 registered nurses shall represent
33 advanced specialty practice. Each of the 11 nurses shall have
-51- LRB9003437DPpc
1 had a minimum of 5 years experience in nursing, 3 three of
2 which shall be in the area they represent on the Board
3 committee and be actively engaged in the area of nursing they
4 represent at the time of appointment and during their tenure
5 on the Board Committee. Members shall be appointed for a
6 term of 3 years. No member shall be eligible for appointment
7 to more than 2 consecutive terms and any appointment to fill
8 a vacancy shall be for the unexpired portion of the term. In
9 making Board Committee appointments, the Director shall give
10 consideration to recommendations submitted by nursing
11 organizations. Consideration shall be given to equal
12 geographic representation. The Board Committee shall receive
13 actual and necessary expenses incurred in the performance of
14 their duties.
15 In making the initial appointments, the Director shall
16 appoint all new members for terms of 2, 3 and 4 years and
17 such terms shall be staggered as follows: 3 shall be
18 appointed for terms of 2 years; 3 shall be appointed for
19 terms of 3 years;, and 3 shall be appointed for terms of 4
20 years. However, such appointment shall be made in a manner
21 so that each member appointed prior to January 1, 1987, whose
22 current appointed term has not expired, will be allowed to
23 serve out the remainder of his or her term.
24 The Director may remove any member of the Board committee
25 for misconduct, incapacity, or neglect of duty. The Director
26 shall reduce to writing any causes for removal.
27 The Board Committee shall meet annually to elect a
28 chairperson and vice chairperson. The Board Committee may
29 hold such other meetings during the year as may be necessary
30 to conduct its business. Six voting members of the Board
31 Committee shall constitute a quorum at any meeting. Any
32 action taken by the Board Committee must be on the
33 affirmative vote of 6 members. Voting by proxy shall not be
34 permitted.
-52- LRB9003437DPpc
1 The Board Committee shall submit an annual report to the
2 Director.
3 The members of the Board Committee shall be immune from
4 suit in any action based upon any disciplinary proceedings or
5 other acts performed in good faith as members of the Board
6 Committee.
7 (b) The Board Committee is authorized to:
8 (1) recommend the adoption and, from time to time,
9 the revision of such rules that and regulations which may
10 be necessary to carry out the provisions of this Act;
11 (2) conduct hearings and disciplinary conferences
12 upon charges calling for discipline of a licensee as
13 provided in Section 25;
14 (3) report to the Department, upon completion of a
15 hearing, the disciplinary actions recommended to be taken
16 against persons violating this Act;
17 (4) recommend the approval, denial of approval,
18 withdrawal of approval, or discipline of nursing
19 education programs;
20 (5) participate in a national organization of state
21 boards of nursing; and
22 (6) recommend a list of the registered nurses to
23 serve as Nursing Act Coordinator and Assistant Nursing
24 Act Coordinator, respectively.
25 (Source: P.A. 87-268.)
26 (225 ILCS 65/10) (from Ch. 111, par. 3510)
27 Sec. 10. Department powers and duties.
28 (a) The Department shall exercise the powers and duties
29 prescribed by the Civil Administrative Code of Illinois for
30 administration of licensing acts and shall exercise such
31 other powers and duties necessary for effectuating the
32 purpose of this Act. None of the functions, powers or duties
33 of the Department with respect to licensure and examination,
-53- LRB9003437DPpc
1 shall be exercised by the Department except upon review by
2 the Board Committee. The Department shall promulgate rules
3 to implement, interpret, or make specific the provisions and
4 purposes of this Act; however no such rulemaking shall be
5 promulgated by the Department except upon review by the Board
6 the affirmative vote of 5 members of the Committee.
7 (b) The Department shall:
8 (1) (blank); Issue quarterly to the Committee a
9 report of the status of all formal complaints filed by
10 the Department and significant issues as determined by
11 the Committee.
12 (2) prepare and maintain a list of approved
13 programs of professional nursing education and programs
14 of practical nursing education in this State, whose
15 graduates, if they have the other necessary
16 qualifications provided in this Act, shall be eligible to
17 apply for a license to practice nursing in this State;
18 (3) promulgate rules defining what constitutes an
19 approved program of professional nursing education and
20 what constitutes an approved program of practical nursing
21 education; and
22 (4) promulgate rules for examination of candidates
23 for licenses; and for issuance of licenses authorizing
24 candidates upon passing an examination to practice under
25 this Act.
26 (Source: P.A. 85-981.)
27 (225 ILCS 65/11) (from Ch. 111, par. 3511)
28 Sec. 11. Nursing Act Coordinator. The Department shall
29 obtain, pursuant to the Personnel Code, as amended, a Nursing
30 Act Coordinator and assistants. The Nursing Act Coordinator
31 and assistants shall be professional nurses licensed in this
32 State and graduated from approved schools of nursing, and
33 each shall have been actively engaged in nursing education
-54- LRB9003437DPpc
1 not less than one year prior to appointment. The Nursing Act
2 Coordinator shall hold at least a master's degree in nursing
3 from an approved college or university; and have at least 5
4 years' experience since graduation in progressively
5 responsible positions in nursing education. Each assistant
6 shall hold at least a master's degree in nursing from an
7 approved college or university; and have at least 3 years'
8 experience since graduation in progressively responsible
9 positions in nursing education. The Nursing Act Coordinator
10 and assistants shall perform such administrative functions as
11 may be delegated to them by the Director.
12 (Source: P.A. 85-981.)
13 (225 ILCS 65/12) (from Ch. 111, par. 3512)
14 Sec. 12. Qualifications for licensure.
15 (a) Each applicant who successfully meets the
16 requirements of this Section shall be entitled to licensure
17 as a Registered Nurse or Licensed Practical Nurse, whichever
18 is applicable.
19 (b) An applicant for licensure by examination to
20 practice as a registered nurse or licensed practical nurse
21 shall:
22 (1) submit a completed written application, on
23 forms provided by the Department and fees as established
24 by the Department;
25 (2) for registered nurse licensure, have completed
26 an approved professional nursing education program of not
27 less than 2 academic years and have graduated from the
28 program; for licensed practical nurse licensure, have
29 completed an approved practical nursing education program
30 of not less than one academic year and have graduated
31 from the program;
32 (3) have not violated the provisions of Section 25
33 of this Act. The Department may take into consideration
-55- LRB9003437DPpc
1 any felony conviction of the applicant, but such a
2 conviction shall not operate as an absolute bar to
3 licensure;
4 (4) meet all other requirements as established by
5 rule;
6 (5) pay, either to the Department or its designated
7 testing service, a fee covering the cost of providing the
8 examination. Failure to appear for the examination on the
9 scheduled date at the time and place specified after the
10 applicant's application for examination has been received
11 and acknowledged by the Department or the designated
12 testing service shall result in the forfeiture of the
13 examination fee.
14 If an applicant neglects, fails, or refuses to take an
15 examination or fails to pass an examination for a license
16 under this Act within 3 years after filing the application,
17 the application shall be denied. However, the applicant may
18 make a new application accompanied by the required fee and
19 provide evidence of meeting the requirements in force at the
20 time of the new application.
21 An applicant shall have one year from the date of
22 notification of successful completion of the examination to
23 apply to the Department for a license. If an applicant fails
24 to apply within one year, the applicant shall be required to
25 again take and pass the examination unless licensed in
26 another jurisdiction of the United States within 2 years of
27 passing the examination.
28 (c) An applicant for licensure who is a registered
29 professional nurse or a licensed practical nurse licensed by
30 examination under the laws of another state or territory of
31 the United States shall:
32 (1) submit a completed written application, on
33 forms supplied by the Department, and fees as established
34 by the Department;
-56- LRB9003437DPpc
1 (2) for registered nurse licensure, have completed
2 an approved professional nursing education program of not
3 less than 2 academic years and have graduated from the
4 program; for licensed practical nurse licensure, have
5 completed an approved practical nursing education program
6 of not less than one academic year and have graduated
7 from the program;
8 (3) submit verification of licensure status
9 directly from the United States jurisdiction of
10 licensure;
11 (4) have passed the examination authorized by the
12 Department;
13 (5) meet all other requirements as established by
14 rule.
15 (d) All applicants for licensure pursuant to this
16 Section who are graduates of nursing educational programs in
17 a country other than the United States or its territories
18 must submit to the Department certification of successful
19 completion of the Commission of Graduates of Foreign Nursing
20 Schools (CGFNS) examination. An applicant, who is unable to
21 provide appropriate documentation to satisfy CGFNS of her or
22 his educational qualifications for the CGFNS examination,
23 shall be required to pass an examination to test competency
24 in the English language which shall be prescribed by the
25 Department, if the applicant is determined by the Board to be
26 educationally prepared in nursing. The Board shall make
27 appropriate inquiry into the reasons for any adverse
28 determination by CGFNS before making its own decision.
29 An applicant licensed in another state or territory who
30 is applying for licensure and has received her or his
31 education in a country other than the United States or its
32 territories shall be exempt from the completion of the
33 Commission of Graduates of Foreign Nursing Schools (CGFNS)
34 examination if the applicant meets all of the following
-57- LRB9003437DPpc
1 requirements:
2 (1) successful passage of the licensure examination
3 authorized by the Department;
4 (2) holds an active, unencumbered license in
5 another state; and
6 (3) has been actively practicing for a minimum of 2
7 years in another state.
8 (e) No applicant shall be issued a license as a
9 registered nurse or practical nurse under this Section unless
10 he or she has passed the examination authorized by the
11 Department within 3 years of completion and graduation from
12 an approved nursing education program, unless such applicant
13 submits proof of successful completion of a
14 Department-authorized remedial nursing education program or
15 recompletion of an approved registered nursing program or
16 licensed practice nursing program, as appropriate.
17 (f) Pending the issuance of a license under subsection
18 (b) of this Section, the Department may grant an applicant a
19 temporary license to practice nursing as a registered nurse
20 or as a licensed practical nurse if the Department is
21 satisfied that the applicant holds an active, unencumbered
22 license in good standing in another jurisdiction. If the
23 applicant holds more than one current active license, or one
24 or more active temporary licenses from other jurisdictions,
25 the Department shall not issue a temporary license until it
26 is satisfied that each current active license held by the
27 applicant is unencumbered. The temporary license, which
28 shall be issued no later than 14 working days following
29 receipt by the Department of an application for the temporary
30 license, shall be granted upon the submission of the
31 following to the Department:
32 (1) a signed and completed application for
33 licensure under subsection (a) of this Section as a
34 registered nurse or a licensed practical nurse;
-58- LRB9003437DPpc
1 (2) proof of a current, active license in at least
2 one other jurisdiction and proof that each current active
3 license or temporary license held by the applicant is
4 unencumbered;
5 (3) a signed and completed application for a
6 temporary license; and
7 (4) the required permit fee.
8 (g) The Department may refuse to issue an applicant a
9 temporary license authorized pursuant to this Section if,
10 within 14 working days following its receipt of an
11 application for a temporary license, the Department
12 determines that:
13 (1) the applicant has been convicted of a crime
14 under the laws of a jurisdiction of the United States:
15 (i) which is a felony; or (ii) which is a misdemeanor
16 directly related to the practice of the profession,
17 within the last 5 years;
18 (2) within the last 5 years the applicant has had a
19 license or permit related to the practice of nursing
20 revoked, suspended, or placed on probation by another
21 jurisdiction, if at least one of the grounds for
22 revoking, suspending, or placing on probation is the same
23 or substantially equivalent to grounds in Illinois; or
24 (3) it intends to deny licensure by endorsement.
25 For purposes of this Section, an "unencumbered license"
26 means a license against which no disciplinary action has been
27 taken or is pending and for which all fees and charges are
28 paid and current.
29 (h) The Department may revoke a temporary license issued
30 pursuant to this Section if:
31 (1) it determines that the applicant has been
32 convicted of a crime under the law of any jurisdiction of
33 the United States that is (i) a felony or (ii) a
34 misdemeanor directly related to the practice of the
-59- LRB9003437DPpc
1 profession, within the last 5 years;
2 (2) it determines that within the last 5 years the
3 applicant has had a license or permit related to the
4 practice of nursing revoked, suspended, or placed on
5 probation by another jurisdiction, if at least one of the
6 grounds for revoking, suspending, or placing on probation
7 is the same or substantially equivalent to grounds in
8 Illinois; or
9 (3) it determines that it intends to deny licensure
10 by endorsement.
11 A temporary license or renewed temporary license shall
12 expire (i) upon issuance of an Illinois license or (ii) upon
13 notification that the Department intends to deny licensure by
14 endorsement. A temporary license shall expire 6 months from
15 the date of issuance. Further renewal may be granted by the
16 Department in hardship cases, as defined by rule. However, a
17 temporary license shall automatically expire upon issuance of
18 the Illinois license or upon notification that the Department
19 intends to deny licensure, whichever occurs first. No
20 extensions shall be granted beyond the 6-month period unless
21 approved by the Director. Notification by the Department
22 under this Section shall be by certified or registered mail.
23 The Department shall issue a license to a person qualified
24 for licensure as a registered professional nurse if that
25 person:
26 (a) has applied in writing in form and substance
27 acceptable to the Department and has not violated the
28 provisions of Section 25 of this Act. The Department may
29 take into consideration any felony conviction of the
30 applicant, but such a conviction shall not operate as an
31 absolute bar to licensure;
32 (b) has completed an approved professional nursing
33 education program of not less than 2 academic years and
34 has graduated from the program;
-60- LRB9003437DPpc
1 (c) has satisfactorily completed an examination
2 authorized by the Department; and
3 (d) has paid the required fees.
4 An applicant who received her or his nursing education in
5 a country other than the United States or its territories
6 shall be required to submit to the Department certification
7 of successful completion of the Commission of Graduates of
8 Foreign Nursing Schools (CGFNS) Examination. An applicant
9 who is unable to provide appropriate documentation to satisfy
10 CGFNS of her or his educational qualifications for the CGFNS
11 examination shall be required to pass an examination to test
12 competency in the English language which shall be prescribed
13 by the Department, if determined by the Committee to be
14 educationally prepared in nursing.
15 An applicant licensed in another State or territory who
16 is applying for licensure and has received his or her
17 education in a country other than the United States or its
18 territories shall be exempt from completion of the Commission
19 of Graduates of Foreign Nursing Schools (CGFNS) Examination
20 if the applicant meets all of the following requirements:
21 (1) successful passage of the examination
22 authorized by the Department;
23 (2) holds an active, unencumbered license in
24 another state; and
25 (3) has been actively practicing for a minimum of 2
26 years in the other state.
27 The Committee shall make appropriate inquiry into the
28 reasons for any adverse determination by CGFNS before making
29 its own decision.
30 (Source: P.A. 88-218.)
31 (225 ILCS 65/14) (from Ch. 111, par. 3514)
32 Sec. 14. Except for those applicants who have received
33 advanced graduate degrees in nursing from an approved program
-61- LRB9003437DPpc
1 with concurrent theory and clinical practice, the educational
2 requirements of Section 12 relating to registered
3 professional nursing and of Section 13 relating to licensed
4 practical nursing shall not be deemed to have been satisfied
5 by the completion of any correspondence course or any program
6 of nursing that which does not require coordinated or
7 concurrent theory and clinical practice.
8 (Source: P.A. 88-595, eff. 8-26-94.)
9 (225 ILCS 65/16) (from Ch. 111, par. 3516)
10 Sec. 16. Expiration of license; renewal. The expiration
11 date and renewal period for each license issued under this
12 Act shall be set by rule. The holder of a license may renew
13 the license such certificate during the month preceding the
14 expiration date of the license thereof by paying the required
15 fee. It is the responsibility of the licensee to notify the
16 Department in writing of a change of address.
17 (Source: P.A. 85-981.)
18 (225 ILCS 65/17) (from Ch. 111, par. 3517)
19 Sec. 17. Restoration of license; temporary permit.
20 (a) Any license issued under this Act that which has
21 expired or that which is on inactive status may be restored
22 by making application to the Department and filing proof of
23 fitness acceptable to the Department as specified by rule, to
24 have the license restored, and by paying the required
25 restoration fee. Such proof of fitness may include evidence
26 certifying to active lawful practice in another jurisdiction.
27 However, any license issued under this Act that which
28 expired while the licensee was (1) in federal service on
29 active duty with the Armed Forces of the United States, or
30 the State Militia called into service or training, or (2) in
31 training or education under the supervision of the United
32 States preliminary to induction into the military service,
-62- LRB9003437DPpc
1 may have the license restored without paying any lapsed
2 renewal fees if within 2 years after honorable termination of
3 such service, training, or education, the applicant furnishes
4 the Department with satisfactory evidence to the effect that
5 the applicant has been so engaged and that the individual's
6 service, training, or education has been so terminated.
7 Any licensee who shall engage in the practice of nursing
8 with a lapsed license or while on inactive status shall be
9 considered to be practicing without a license which shall be
10 grounds for discipline under Section 25 of this Act.
11 (b) Pending restoration of a license under subsection
12 (a) of this Section, the Department may grant an applicant a
13 temporary license permit to practice nursing as a registered
14 nurse or as a licensed practical nurse if the Department is
15 satisfied that the applicant holds an active, unencumbered
16 license in good standing in another jurisdiction. If the
17 applicant holds more than one current active license, or one
18 or more active temporary licenses permits from other
19 jurisdictions, the Department shall not issue a temporary
20 license permit until it is satisfied that each current active
21 license and permit held by the applicant is unencumbered. The
22 temporary license permit, which shall be issued no later than
23 14 working days following receipt by the Department of an
24 application for the license therefore, shall be granted upon
25 the submission of the following to the Department:
26 (1) a signed and completed application for
27 restoration of licensure under this Section as a
28 registered nurse or a licensed practical nurse;
29 (2) proof of (i) a current, active license in at
30 least one other jurisdiction and proof that each current,
31 active license or temporary permit held by the applicant
32 is unencumbered or (ii) fitness to practice nursing in
33 Illinois as specified by rule;
34 (3) a signed and completed application for a
-63- LRB9003437DPpc
1 temporary permit; and
2 (4) the required permit fee of $25.
3 (c) The Department may refuse to issue to an applicant a
4 temporary permit authorized under this Section if, within 14
5 working days following its receipt of an application for a
6 temporary permit, the Department determines that:
7 (1) the applicant has been convicted within the
8 last 5 years of any crime under the laws of any
9 jurisdiction of the United States that is (i) a felony
10 or (ii) a misdemeanor directly related to the practice of
11 the profession;
12 (2) within the last 5 years the applicant had a
13 license or permit related to the practice of nursing
14 revoked, suspended, or placed on probation by another
15 jurisdiction if at least one of the grounds for revoking,
16 suspending, or placing on probation is the same or
17 substantially equivalent to grounds in Illinois; or
18 (3) it is determined by the Department that it
19 intends to deny restoration of the license.
20 For purposes of this Section, an "unencumbered license"
21 means any license against which no disciplinary action has
22 been taken or is pending and for which all fees and charges
23 are paid and current.
24 (d) The Department may revoke a temporary permit issued
25 under this Section if:
26 (1) it determines that the applicant has been
27 convicted within the last 5 years of any crime under the
28 law of any jurisdiction of the United States that is (i)
29 a felony or (ii) a misdemeanor directly related to the
30 practice of the profession;
31 (2) within the last 5 years the applicant had a
32 license or permit related to the practice of nursing
33 revoked, suspended, or placed on probation by another
34 jurisdiction, if at least one of the grounds for
-64- LRB9003437DPpc
1 revoking, suspending, or placing on probation is the same
2 or substantially equivalent to grounds in Illinois; or
3 (3) it is determined by the Department that it
4 intends to deny restoration of the license.
5 A temporary permit or renewed temporary permit shall
6 expire (i) upon issuance of an Illinois license or (ii) upon
7 notification that the Department intends to deny restoration
8 of licensure. A temporary permit shall expire 6 months from
9 the date of issuance. Further renewal may be granted by the
10 Department, in hardship cases, that shall automatically
11 expire upon issuance of the Illinois license or upon
12 notification that the Department intends to deny licensure,
13 whichever occurs first. No extensions shall be granted beyond
14 the 6 months period unless approved by the Director.
15 Notification by the Department under this Section shall be by
16 certified or registered mail.
17 (Source: P.A. 86-615; 87-1156.)
18 (225 ILCS 65/21) (from Ch. 111, par. 3521)
19 Sec. 21. Returned checks; fines. Any person who delivers
20 a check or other payment to the Department that is returned
21 to the Department unpaid by the financial institution upon
22 which it is drawn shall pay to the Department, in addition to
23 the amount already owed to the Department, a fine of $50. If
24 the check or other payment was for a renewal or issuance fee
25 and that person practices without paying the renewal fee or
26 issuance fee and the fine due, an additional fine of $100
27 shall be imposed. The fines imposed by this Section are in
28 addition to any other discipline provided under this Act for
29 unlicensed practice or practice on a nonrenewed license. The
30 Department shall notify the person that payment of fees and
31 fines shall be paid to the Department by certified check or
32 money order within 30 calendar days of the notification. If,
33 after the expiration of 30 days from the date of the
-65- LRB9003437DPpc
1 notification, the person has failed to submit the necessary
2 remittance, the Department shall automatically terminate the
3 license or certificate or deny the application, without
4 hearing. If, after termination or denial, the person seeks a
5 license or certificate, he or she shall apply to the
6 Department for restoration or issuance of the license or
7 certificate and pay all fees and fines due to the Department.
8 The Department may establish a fee for the processing of an
9 application for restoration of a license or certificate to
10 pay all expenses of processing this application. The Director
11 may waive the fines due under this Section in individual
12 cases where the Director finds that the fines would be
13 unreasonable or unnecessarily burdensome.
14 (Source: P.A. 86-596; 87-1031.)
15 (225 ILCS 65/23) (from Ch. 111, par. 3523)
16 Sec. 23. Fees. The following fees are not refundable:
17 (a) The Department shall provide by rule for a schedule
18 of fees to be paid for licenses by all applicants.
19 (a-5) Except as provided in subsection (b), the fees for
20 the administration and enforcement of this Act, including but
21 not limited to original licensure, renewal, and restoration,
22 shall be set by rule. The fees shall not be refundable. The
23 fee for application for a Certificate of Registration as a
24 registered professional nurse and a licensed practical nurse
25 is $50.
26 (b) In addition, applicants for any examination as a
27 Registered Professional Nurse or a Licensed Practical Nurse
28 shall be required to pay, either to the Department or to the
29 designated testing service, a fee covering the cost of
30 providing the examination. Failure to appear for the
31 examination on the scheduled date, at the time and place
32 specified, after the applicant's application for examination
33 has been received and acknowledged by the Department or the
-66- LRB9003437DPpc
1 designated testing service, shall result in the forfeiture of
2 the examination fee.
3 (c) The fee for the renewal of a Certificate of
4 Registration shall be calculated at the rate of $20 per year.
5 (d) The fee for the restoration of a certificate of
6 registration other than from inactive status is $15 plus
7 payment of all lapsed renewal fees, but not to exceed $60.
8 (e) The fee for a license issued under the provisions of
9 Section 20, to a nurse licensed by examination under the laws
10 of another United States jurisdiction is $50.
11 (f) The fee for the issuance of a duplicate license, for
12 the issuance of a replacement license for a license which has
13 been lost or destroyed or for the issuance of a license with
14 a change of name or address other than during the renewal
15 period is $15. No fee is required for name and address
16 changes on Department records when no duplicate certificate
17 is issued.
18 (g) The fee for a certification of a registrant's record
19 for any purpose is $15.
20 (h) The fee to have the scoring of an examination
21 authorized by the Department reviewed and verified is $15
22 plus any fees charged by the applicable testing service.
23 (i) The fee for a wall certificate showing registration
24 shall be the actual cost of producing such certificate.
25 (j) The fee for a roster of persons registered as
26 Registered Professional Nurse in this State shall be the
27 actual cost of producing such a roster.
28 (k) All of the fees collected by the Department pursuant
29 to this Section shall be paid into the Nursing Dedicated and
30 Professional Fund.
31 (l) The fee for nurse licensing, disciplinary or
32 investigative records obtained pursuant to a subpoena is $1
33 per page.
34 (Source: P.A. 86-596; 86-1475.)
-67- LRB9003437DPpc
1 (225 ILCS 65/24) (from Ch. 111, par. 3524)
2 Sec. 24. Fund. There is hereby created within the State
3 Treasury the Nursing Dedicated and Professional Fund. The
4 monies in the Fund may shall be used by and at the direction
5 of the Department for the administration and enforcement of
6 this Act, including but not limited to:
7 (a) Distribution and publication of "the Illinois
8 Nursing Act" of 1987 and the rules and regulations at the
9 time of renewal to all Registered Professional Nurses and
10 Licensed Practical Nurses licensed by the Department.;
11 (b) Employment of secretarial, nursing,
12 administrative, enforcement, and other staff research
13 assistance for the administration of this Act. After
14 January 1, 1991, the Director shall employ, in conformity
15 with the Personnel Code, one full-time investigator for
16 every 10,000 nurses licensed to practice in the State;
17 (c) (Blank). Surveying, every license renewal
18 period, the nurse population of Illinois, its employment,
19 earnings, distribution, education and other professional
20 and demographic characteristics, and for the publication
21 and distribution of the survey; and
22 (d) Conducting of training seminars for licensees
23 under this Act relating to the obligations,
24 responsibilities, enforcement and other provisions of the
25 Act and its rules the regulations thereunder.
26 (e) Disposition of Fees:
27 (i) (Blank) Until January 1, 1991, 50% of the
28 fees collected pursuant to this Act shall be
29 deposited in the Nursing Dedicated and Professional
30 Fund and 50% shall be deposited in the General
31 Revenue Fund.
32 (ii) On or after January 1, 1991, All of the
33 fees and fines collected pursuant to this Act shall
34 be deposited in the Nursing Dedicated and
-68- LRB9003437DPpc
1 Professional Fund.
2 (iii) For the fiscal year beginning July 1,
3 1988, the moneys monies deposited in the Nursing
4 Dedicated and Professional Fund shall be
5 appropriated to the Department for expenses of the
6 Department and the Board Committee in the
7 administration of this Act. All earnings received
8 from investment of moneys monies in the Nursing
9 Dedicated and Professional Fund shall be deposited
10 in the Nursing Dedicated and Professional Fund and
11 shall be used for the same purposes as fees
12 deposited in the Fund.
13 (iv) For the fiscal year beginning July 1,
14 1991 and for each fiscal year thereafter, either 10%
15 of the moneys monies deposited in the Nursing
16 Dedicated and Professional Fund each year, not
17 including interest accumulated on such moneys
18 monies, or any moneys monies deposited in the Fund
19 in each year which are in excess of the amount
20 appropriated in that year to meet ordinary and
21 contingent expenses of the Board Committee,
22 whichever is less, shall be set aside and
23 appropriated to the Illinois Department of Public
24 Health for nursing scholarships awarded pursuant to
25 the Nursing Education Scholarship Law.
26 (v) Moneys in the Fund may be transferred to
27 the Professions Indirect Cost Fund as authorized
28 under Section 61e of the Civil Administrative Code
29 of Illinois.
30 In addition to any other permitted use of moneys in the
31 Fund, and notwithstanding any restriction on the use of the
32 Fund, moneys in the Nursing Dedicated and Professional Fund
33 may be transferred to the General Revenue Fund as authorized
34 by this amendatory Act of 1992. The General Assembly finds
-69- LRB9003437DPpc
1 that an excess of moneys exists in the Fund. On February 1,
2 1992, the Comptroller shall order transferred and the
3 Treasurer shall transfer $200,000 (or such lesser amount as
4 may be on deposit in the Fund and unexpended and unobligated
5 on that date) from the Fund to the General Revenue Fund.
6 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
7 89-626, eff. 8-9-96.)
8 (225 ILCS 65/25) (from Ch. 111, par. 3525)
9 Sec. 25. Grounds for disciplinary action.
10 (a) The Department may, upon recommendation of the Board
11 Committee on Nursing, refuse to issue or to renew, or may
12 revoke, suspend, place on probation, reprimand, or take other
13 disciplinary action as the Department may deem appropriate,
14 with regard to a license for any one or a combination of the
15 causes set forth in subsection (b) below in 25(b). Fines up
16 to $2,500 may be imposed in conjunction with other forms of
17 disciplinary action for those violations that which result in
18 monetary gain for the licensee. Fines shall not be the
19 exclusive disposition of any disciplinary action arising out
20 of conduct resulting in death or injury to a patient. Fines
21 shall not be assessed in disciplinary actions involving
22 mental or physical illness or impairment. All fines
23 collected under this Section shall be deposited in the
24 Nursing Dedicated and Professional Fund.
25 (b) The causes for disciplinary action are:
26 (1) 1. Material deception in furnishing information
27 to the Department.;
28 (2) 2. Material violations of any provision of this
29 Act or of the Illinois Nursing Act, prior to the repeal
30 of this Act, or violation of the rules of or final
31 administrative action of the Director, after
32 consideration of the recommendation of the Board.
33 Committee;
-70- LRB9003437DPpc
1 (3) 3. Conviction of any crime under the laws of
2 any jurisdiction of the United States: (i) which is a
3 felony; or (ii) which is a misdemeanor, an essential
4 element of which is dishonesty, or (iii) of any crime
5 which is directly related to the practice of the
6 profession.;
7 (4) 4. A pattern of practice or other behavior
8 which demonstrates incapacity or incompetency to practice
9 under this Act.;
10 (5) 5. Knowingly aiding or assisting another person
11 in violating any provision of this Act or rules.;
12 (6) 6. Failing, within 90 days, to provide a
13 response to a request for information in response to a
14 written request made by the Department by certified
15 mail.;
16 (7) 7. Engaging in dishonorable, unethical or
17 unprofessional conduct of a character likely to deceive,
18 defraud or harm the public, as defined by rule.;
19 (8) 8. Unlawful sale or distribution of any drug,
20 narcotic, or prescription device, or unlawful conversion
21 of any drug, narcotic or prescription device.;
22 (9) 9. Habitual or excessive use or addiction to
23 alcohol, narcotics, stimulants, or any other chemical
24 agent or drug which results in a nurses inability to
25 practice with reasonable judgment, skill or safety.;
26 (10) 10. Discipline by another U.S. jurisdiction or
27 foreign nation, if at least one of the grounds for the
28 discipline is the same or substantially equivalent to
29 those set forth in this Section. herein;
30 (11) 11. A finding that the licensee, after having
31 her or his license placed on probationary status, has
32 violated the terms of probation.;
33 (12) 12. Being named as a perpetrator in an
34 indicated report by the Department of Children and Family
-71- LRB9003437DPpc
1 Services and under the Abused and Neglected Child
2 Reporting Act, and upon proof by clear and convincing
3 evidence that the licensee has caused a child to be an
4 abused child or neglected child as defined in the Abused
5 and Neglected Child Reporting Act.;
6 (13) 13. Willful omission to file or record, or
7 willfully impeding the filing or recording or inducing
8 another person to omit to file or record medical reports
9 as required by law or willfully failing to report an
10 instance of suspected child abuse or neglect as required
11 by the Abused and Neglected Child Reporting Act.;
12 (14) 14. Gross negligence in the practice of
13 nursing.;
14 (15) 15. Holding oneself out to be practicing
15 nursing under any name other than one's own.;
16 (16) 16. Fraud, deceit or misrepresentation in
17 applying for or procuring a license under this Act or in
18 connection with applying for renewal of a license under
19 this Act.;
20 (17) 17. Allowing another person or organization to
21 use the licensees' license to deceive the public.;
22 (18) 18. Willfully making or filing false records
23 or reports in the licensee's practice as a nurse,
24 including, but not limited to, false records to support
25 claims against the medical assistance program of the
26 Department of Public Aid under the Illinois Public Aid
27 Code.;
28 (19) 19. Attempting to subvert or cheat on a nurse
29 licensing examination administered under this Act.;
30 (20) 20. Willfully or negligently violating the
31 confidentiality between nurse and patient except as
32 required by law.;
33 (21) 21. The use of any false, fraudulent, or
34 deceptive statement in any document connected with the
-72- LRB9003437DPpc
1 practice of nursing under this Act.;
2 (22) 22. Failure of a licensee to report to the
3 Department any adverse final action taken against such
4 licensee by another licensing jurisdiction (any other
5 jurisdiction of the United States or any foreign state or
6 country), by any peer review body, by any health care
7 institution, by any professional or nursing society or
8 association, by any governmental agency, by any law
9 enforcement agency, or by any court or a nursing
10 liability claim related to acts or conduct similar to
11 acts or conduct that which would constitute grounds for
12 action as defined in this Section.;
13 (23) 23. Failure of a licensee to report to the
14 Department surrender by the licensee of a license or
15 authorization to practice nursing in another state or
16 jurisdiction, or current surrender by the licensee of
17 membership on any nursing staff or in any nursing or
18 professional association or society while under
19 disciplinary investigation by any of those authorities or
20 bodies for acts or conduct similar to acts or conduct
21 that which would constitute grounds for action as defined
22 by this Section.;
23 (24) 24. The determination by a circuit court that
24 a licensee is subject to involuntary admission or
25 judicial admission as provided in the Mental Health and
26 Developmental Disabilities Code, as amended, operates as
27 an automatic suspension. The Such suspension will end
28 only upon a finding by a court that the patient is no
29 longer subject to involuntary admission or judicial
30 admission and issues an order so finding and discharging
31 the patient; and upon the recommendation of the Board
32 Committee to the Director that the licensee be allowed to
33 resume his or her practice.;
34 (25) 25. The Department may refuse to issue or may
-73- LRB9003437DPpc
1 suspend the license of any person who fails to file a
2 return, or to pay the tax, penalty or interest shown in a
3 filed return, or to pay any final assessment of the tax,
4 penalty, or interest as required by any tax Act
5 administered by the Illinois Department of Revenue, until
6 such time as the requirements of any such tax Act are
7 satisfied.; and
8 (26) 26. Violation of the Health Care Worker
9 Self-Referral Act.
10 (27) Physical illness, including but not limited to
11 deterioration through the aging process or loss of motor
12 skill, mental illness, or disability that results in the
13 inability to practice the profession with reasonable
14 judgment, skill, or safety;
15 (c) In enforcing this Section, the Department or Board
16 upon a showing of a possible violation may compel an
17 individual licensed to practice under this Act, or who has
18 applied for licensure under this Act, to submit to a mental
19 or physical examination, or both, as required by and at the
20 expense of the Department. The Department or Board may order
21 the examining physician to present testimony concerning the
22 mental or physical examination of the licensee or applicant.
23 No information shall be excluded by reason of any common law
24 or statutory privilege relating to communications between the
25 licensee or applicant and the examining physician. The
26 examining physicians shall be specifically designated by the
27 Board or Department. The individual to be examined may have,
28 at his or her own expense, another physician of his or her
29 choice present during all aspects of this examination.
30 Failure of an individual to submit to a mental or physical
31 examination, when directed, shall be grounds for suspension
32 of his or her license until the individual submits to the
33 examination if the Department finds, after notice and
34 hearing, that the refusal to submit to the examination was
-74- LRB9003437DPpc
1 without reasonable cause.
2 If the Department or Board finds an individual unable to
3 practice because of the reasons set forth in this Section,
4 the Department or Board may require that individual to submit
5 to care, counseling, or treatment by physicians approved or
6 designated by the Department or Board, as a condition, term,
7 or restriction for continued, reinstated, or renewed
8 licensure to practice; or, in lieu of care, counseling, or
9 treatment, the Department may file, or the Board may
10 recommend to the Department to file, a complaint to
11 immediately suspend, revoke, or otherwise discipline the
12 license of the individual. An individual whose license was
13 granted, continued, reinstated, renewed, disciplined or
14 supervised subject to such terms, conditions, or
15 restrictions, and who fails to comply with such terms,
16 conditions, or restrictions, shall be referred to the
17 Director for a determination as to whether the individual
18 shall have his or her license suspended immediately, pending
19 a hearing by the Department.
20 In instances in which the Director immediately suspends a
21 person's license under this Section, a hearing on that
22 person's license must be convened by the Department within 15
23 days after the suspension and completed without appreciable
24 delay. The Department and Board shall have the authority to
25 review the subject individual's record of treatment and
26 counseling regarding the impairment to the extent permitted
27 by applicable federal statutes and regulations safeguarding
28 the confidentiality of medical records.
29 An individual licensed under this Act and affected under
30 this Section shall be afforded an opportunity to demonstrate
31 to the Department or Board that he or she can resume practice
32 in compliance with acceptable and prevailing standards under
33 the provisions of his or her license.
34 (Source: P.A. 86-596; 87-1207.)
-75- LRB9003437DPpc
1 (225 ILCS 65/26) (from Ch. 111, par. 3526)
2 Sec. 26. Limitation on action. All proceedings to
3 suspend, revoke, or take any other disciplinary action as the
4 Department may deem proper, with regard to a license on any
5 of the foregoing grounds may not be commenced later than 3
6 years next after the commission of any act which is a ground
7 for discipline or a final conviction order for any of the
8 acts described herein. In the event of the settlement of any
9 claim or cause of action in favor of the claimant or the
10 reduction to the final judgment of any civil action in favor
11 of the plaintiff, such claim, cause of action or civil action
12 being rounded on the allegation that a person licensed under
13 this Act was negligent in providing care, the Department
14 shall have an additional period of one year from the date of
15 such settlement or final judgment in which to investigate and
16 commence formal disciplinary proceedings under Section 25 of
17 this Act, except as otherwise provided by law. The time
18 during which the holder of the license was outside the State
19 of Illinois shall not be included within any period of time
20 limiting the commencement of disciplinary action by the Board
21 Committee.
22 (Source: P.A. 85-981.)
23 (225 ILCS 65/27) (from Ch. 111, par. 3527)
24 (Text of Section before amendment by P.A. 89-507)
25 Sec. 27. Suspension for imminent danger. The Director of
26 the Department may, upon receipt of a written communication
27 from the Director of the Department of Mental Health and
28 Developmental Disabilities or Department of Public Aid or
29 Department of Public Health that continuation of practice of
30 a person licensed under this Act constitutes an immediate
31 danger to the public, immediately suspend the license of such
32 person without a hearing. In instances in which the Director
33 immediately suspends a license under this Section, a hearing
-76- LRB9003437DPpc
1 upon such person's license must be convened by the Department
2 within 30 15 days after such suspension and completed without
3 appreciable delay, such hearing held to determine whether to
4 recommend to the Director that the person's license be
5 revoked, suspended, placed on probationary status or
6 reinstated, or such person be subject to other disciplinary
7 action. In such hearing, the written communication and any
8 other evidence submitted therewith may be introduced as
9 evidence against such person; provided, however, the person,
10 or his or her counsel, shall have the opportunity to
11 discredit or impeach and submit evidence rebutting such
12 evidence.
13 (Source: P.A. 85-981.)
14 (Text of Section after amendment by P.A. 89-507)
15 Sec. 27. Suspension for imminent danger. The Director of
16 the Department may, upon receipt of a written communication
17 from the Secretary of Human Services, the Director of Public
18 Aid, or the Director of Public Health that continuation of
19 practice of a person licensed under this Act constitutes an
20 immediate danger to the public, immediately suspend the
21 license of such person without a hearing. In instances in
22 which the Director immediately suspends a license under this
23 Section, a hearing upon such person's license must be
24 convened by the Department within 30 15 days after such
25 suspension and completed without appreciable delay, such
26 hearing held to determine whether to recommend to the
27 Director that the person's license be revoked, suspended,
28 placed on probationary status or reinstated, or such person
29 be subject to other disciplinary action. In such hearing,
30 the written communication and any other evidence submitted
31 therewith may be introduced as evidence against such person;
32 provided, however, the person, or his or her counsel, shall
33 have the opportunity to discredit or impeach and submit
34 evidence rebutting such evidence.
-77- LRB9003437DPpc
1 (Source: P.A. 89-507, eff. 7-1-97.)
2 (225 ILCS 65/30) (from Ch. 111, par. 3530)
3 Sec. 30. Right to legal counsel. No action of a
4 disciplinary discliplinary nature that which is predicated on
5 charges alleging unethical or unprofessional conduct of a
6 person who is a registered professional nurse or a licensed
7 practical nurse and that which can be reasonably expected to
8 affect adversely that person's maintenance of her or his
9 present, or her or his securing of future, employment as such
10 a nurse may be taken by the Department, by any association,
11 or by any person unless the person against whom such charges
12 are made is afforded the right to be represented by legal
13 counsel of her or his choosing and to present any witness,
14 whether an attorney or otherwise to testify on matters
15 relevant to such charges.
16 (Source: P.A. 85-981.)
17 (225 ILCS 65/32) (from Ch. 111, par. 3532)
18 Sec. 32. Investigation; notice; hearing. Prior to
19 bringing an action before the Board Committee, 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
24 as the Department may deem proper with regard to any license
25 or certificate, at least 30 days prior to the date set for
26 the hearing, notify the accused in writing of any charges
27 made and the time and place for a hearing of the charges
28 before the Board Committee, direct her or him to file a
29 written answer thereto to the Board Committee under oath
30 within 20 days after the service of such notice and inform
31 the licensee that if she or he fails to file such answer
32 default will be taken against the licensee and such license
-78- LRB9003437DPpc
1 or certificate may be suspended, revoked, placed on
2 probationary status, or have other disciplinary action,
3 including limiting the scope, nature or extent of her or his
4 practice, as the Department may deem proper taken with regard
5 thereto. Such written notice may be served by personal
6 delivery or certified or registered mail to the respondent at
7 the address of her or his last notification to the
8 Department. At the time and place fixed in the notice, the
9 Department shall proceed to hear the charges and the parties
10 or their counsel shall be accorded ample opportunity to
11 present such statements, testimony, evidence and argument as
12 may be pertinent to the charges or to the defense to the
13 charges thereto. The Department may continue a such hearing
14 from time to time. In case the accused person, after
15 receiving notice, fails to file an answer, her or his license
16 or certificate may in the discretion of the Director, having
17 received first the recommendation of the Board Committee, be
18 suspended, revoked, placed on probationary status, or the
19 Director may take whatever disciplinary action as he or she
20 may deem proper, including limiting the scope, nature, or
21 extent of said person's practice, without a hearing, if the
22 act or acts charged constitute sufficient grounds for such
23 action under this Act.
24 (Source: P.A. 85-981.)
25 (225 ILCS 65/33) (from Ch. 111, par. 3533)
26 Sec. 33. Stenographer; transcript. The Department, at
27 its expense, shall provide a stenographer to take down the
28 testimony and preserve a record of all proceedings at the
29 hearing of any case wherein any disciplinary action is taken
30 regarding a license. The notice of hearing, complaint and
31 all other documents in the nature of pleadings and written
32 motions filed in the proceedings, the transcript of
33 testimony, the report of the Board Committee and the orders
-79- LRB9003437DPpc
1 of the Department shall be the record of the proceedings.
2 The Department shall furnish a transcript of the record to
3 any person interested in the hearing upon payment of the fee
4 required under Section 60f of the Civil Administrative Code
5 of Illinois.
6 (Source: P.A. 87-1031.)
7 (225 ILCS 65/35) (from Ch. 111, par. 3535)
8 Sec. 35. Subpoena power; oaths. The Department shall have
9 power to subpoena and bring before it any person in this
10 State and to take testimony, either orally or by deposition
11 or both, with the same fees and mileage and in the same
12 manner as prescribed by law in judicial proceedings in civil
13 cases in circuit courts of this State.
14 The Director, and any member of the Board Committee
15 designated by the Director, shall each have power to
16 administer oaths to witnesses at any hearing which the
17 Department is authorized to conduct under this Act, and any
18 other oaths required or authorized to be administered by the
19 Department under this Act hereunder.
20 (Source: P.A. 85-981.)
21 (225 ILCS 65/36) (from Ch. 111, par. 3536)
22 Sec. 36. Board report. At the conclusion of the hearing
23 the Board committee shall present to the Director a written
24 report of its findings of fact, conclusions of law, and
25 recommendations. The report shall contain a finding whether
26 or not the accused person violated this Act or failed to
27 comply with the conditions required in this Act. The report
28 shall specify the nature of the violation or failure to
29 comply, and the Board Committee shall make its
30 recommendations to the Director.
31 The report of findings of fact, conclusions of law, and
32 recommendation of the Board committee shall be the basis for
-80- LRB9003437DPpc
1 the Department's order of refusal or for the granting of a
2 license or permit unless the Director shall determine that
3 the report is contrary to the manifest weight of the
4 evidence, in which case the Director may issue an order in
5 contravention of the report. The findings are not admissible
6 in evidence against the person in a criminal prosecution
7 brought for the violation of this Act, but the hearing and
8 findings are not a bar to a criminal prosecution brought for
9 the violation of this Act.
10 (Source: P.A. 85-981.)
11 (225 ILCS 65/37) (from Ch. 111, par. 3537)
12 Sec. 37. Hearing officer. The Director shall have the
13 authority to appoint an attorney duly licensed to practice
14 law in the State of Illinois to serve as the hearing officer
15 in any action before the Board Committee to revoke, suspend,
16 place on probation, reprimand, fine, or take any other
17 disciplinary action with regard to a license. The hearing
18 officer shall have full authority to conduct the hearing.
19 The Board Committee shall have the right to have at least one
20 member present at any hearing conducted by such hearing
21 officer. There may be present at least one RN member of the
22 Board Committee at any such hearing or disciplinary
23 conference. An LPN member or LPN educator may be present for
24 hearings and disciplinary conferences of an LPN. The hearing
25 officer shall report her or his findings and recommendations
26 to the Board Committee within 30 days of the receipt of the
27 record. The Board Committee shall have 90 days from receipt
28 of the report to review the report of the hearing officer and
29 present their findings of fact, conclusions of law and
30 recommendations to the Director. If the Board Committee
31 fails to present its report within the 90-day period, the
32 Director may issue an order based on the report of the
33 hearing officer. However, if the Board Committee does
-81- LRB9003437DPpc
1 present its report within the specified 90 days, the
2 Director's order shall be based upon the report of the Board
3 Committee.
4 (Source: P.A. 85-981.)
5 (225 ILCS 65/38) (from Ch. 111, par. 3538)
6 Sec. 38. Motion for rehearing. In any case involving
7 refusal to issue, renew, or the discipline of a license, a
8 copy of the Board's Committee's report shall be served upon
9 the respondent by the Department, either personally or as
10 provided in this Act, for the service of the notice of
11 hearing. Within 20 days after such service, the respondent
12 may present to the Department a motion in writing for a
13 rehearing, which motion shall specify the particular grounds
14 for a rehearing therefor. If no motion for rehearing is
15 filed, then upon the expiration of the time then upon such
16 denial the Director may enter an order in accordance with
17 recommendations of the Board Committee except as provided in
18 Section 36 and 37 of this Act. If the respondent shall order
19 from the reporting service, and pay for a transcript of the
20 record within the time for filing a motion for rehearing, the
21 20 day period within which such a motion may be filed shall
22 commence upon the delivery of the transcript to the
23 respondent.
24 (Source: P.A. 85-981.)
25 (225 ILCS 65/39) (from Ch. 111, par. 3539)
26 Sec. 39. Order for rehearing. Whenever the Director is
27 satisfied that substantial justice has not been done in the
28 revocation, suspension, or refusal to issue or renew a
29 license, the Director may order a hearing by the same or
30 another hearing officer or the Board Committee.
31 (Source: P.A. 85-981.)
-82- LRB9003437DPpc
1 (225 ILCS 65/40) (from Ch. 111, par. 3540)
2 Sec. 40. Order of Director. An order regarding any
3 disciplinary action, or a certified copy thereof over the
4 seal of the Department and purporting to be signed by the
5 Director shall be prima facie evidence that:
6 (a) such signature is the genuine signature of the
7 Director;
8 (b) that such Director is duly appointed and qualified;
9 and
10 (c) that the Board Committee and the Board members
11 thereof are qualified to act.
12 (Source: P.A. 85-981.)
13 (225 ILCS 65/42) (from Ch. 111, par. 3542)
14 Sec. 42. Surrender of license. Upon revocation or
15 suspension of any license or certificate, the licensee shall
16 forthwith surrender the license to the Department and if the
17 licensee fails to do so, the Department shall have the right
18 to seize the license.
19 (Source: P.A. 85-981.)
20 (225 ILCS 65/43) (from Ch. 111, par. 3543)
21 Sec. 43. Temporary suspension. The Director may
22 temporarily suspend the license of a nurse without a hearing,
23 simultaneously with the institution of proceedings for a
24 hearing provided for in Section 32 of this Act, if the
25 Director finds that evidence in his or her possession
26 indicates that continuation in practice would constitute an
27 imminent danger to the public. In the event that the
28 Director suspends, temporarily, this license without a
29 hearing, a hearing by the Department must be held within 30
30 days after the such suspension has occurred, and be concluded
31 without appreciable delay.
32 Proceedings for judicial review shall be commenced in the
-83- LRB9003437DPpc
1 circuit court of the county in which the party applying for
2 review resides; but if the party is not a resident of this
3 State, the venue shall be in Sangamon County.
4 (Source: P.A. 85-981.)
5 (225 ILCS 65/47) (from Ch. 111, par. 3547)
6 Sec. 47. Pending actions. All licenses in effect on
7 December 31, 1987 and issued pursuant to the Illinois Nursing
8 Act, approved June 14, 1951, as amended, are reinstated for
9 the balance of the term for which last issued. All rules and
10 regulations in effect on December 31, 1987 and promulgated
11 pursuant to the Illinois Nursing Act, approved June 14, 1951,
12 as amended, shall remain in full force and effect on the
13 effective date of this Act without being promulgated again by
14 the Department, except to the extent any such rule or
15 regulation is inconsistent with any provision of this Act.
16 All disciplinary actions taken or pending pursuant to the
17 Illinois Nursing Act, approved June 14, 1951, as amended,
18 shall, for the actions taken, remain in effect, and for the
19 actions pending, shall be continued, on the effective date of
20 this Act without having separate actions filed by the
21 Department.
22 (Source: P.A. 85-981.)
23 (225 ILCS 65/8 rep.)
24 (225 ILCS 65/9 rep.)
25 (225 ILCS 65/13 rep.)
26 (225 ILCS 65/15 rep.)
27 (225 ILCS 65/19 rep.)
28 Section 35. The Illinois Nursing Act of 1987 is amended
29 by repealing Sections 8, 9, 13, 15, and 19.
30 Section 40. The Nursing Home Administrators Licensing and
31 Disciplinary Act is amended by changing Sections 4, 5, 6, 7,
-84- LRB9003437DPpc
1 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24,
2 and 28 and by adding Sections 5.1, 20.1, and 24.1 as follows:
3 (225 ILCS 70/4) (from Ch. 111, par. 3654)
4 Sec. 4. Definitions.: For purposes of this Act, the
5 following definitions shall have the following meanings,
6 except where the context requires otherwise:
7 (1) 1. "Act" means the Nursing Home Administrators
8 Licensing and Disciplinary Act.;
9 (2) 2. "Department" means the Department of
10 Professional Regulation.;
11 (3) 3. "Director" means the Director of
12 Professional Regulation.;
13 (4) 4. "Board" means the Nursing Home
14 Administrators Licensing and Disciplinary Board appointed
15 by the Governor.;
16 (5) 5. "Nursing home administrator" means the
17 individual licensed under this Act and directly
18 responsible for planning, organizing, directing and
19 supervising the operation of a nursing home, or who in
20 fact performs such functions, whether or not such
21 functions are delegated to one or more other persons.;
22 (6) 6. "Nursing home" or "facility" means any
23 entity that which is required to be licensed by the
24 Illinois Department of Public Health under the Nursing
25 Home Care Act, as amended, other than a "sheltered care
26 home" as defined thereunder, and includes private homes
27 home, institutions, buildings, residences, or other
28 places, whether operated for profit or not, irrespective
29 of the names attributed to them, county homes for the
30 infirm and chronically ill operated pursuant to the
31 County Nursing Home Act, as amended, and any similar
32 institutions operated by a political subdivision of the
33 State of Illinois that which provide, though their
-85- LRB9003437DPpc
1 ownership or management, maintenance, personal care, and
2 nursing for 3 or more persons, not related to the owner
3 by blood or marriage, or any similar facilities in which
4 maintenance is provided to 3 or more persons who by
5 reason of illness of physical infirmity require personal
6 care and nursing;
7 (7) 7. "Maintenance" means food, shelter and
8 laundry.;
9 (8) 8. "Personal care" means assistance with meals,
10 dressing, movement, bathing, or other personal needs
11 need, or general supervision of the physical and mental
12 well-being of an individual who because of age, physical,
13 or mental disability, emotion or behavior disorder, or
14 mental retardation is incapable of managing his or her
15 person, whether or not a guardian has been appointed for
16 such individual. For the purposes of this Act, this
17 definition does not include the professional services of
18 a nurse.;
19 (9) 9. "Nursing" means professional nursing or
20 practical nursing as those terms are defined in the
21 Illinois Nursing Act of 1987, as amended, for sick or
22 infirm persons who are under the care and supervision of
23 licensed physicians or dentists.;
24 (10) 10. "Disciplinary action" means revocation,
25 suspension, probation, supervision, reprimand, required
26 education, fines or any other action taken by the
27 Department against a person holding a license.;
28 (11) 11. "Impaired" means the inability to practice
29 with reasonable skill and safety due to physical or
30 mental disabilities as evidenced by a written
31 determination or written consent based on clinical
32 evidence including deterioration through the aging
33 process or loss of motor skill, or abuse of drugs or
34 alcohol, of sufficient degree to diminish a person's
-86- LRB9003437DPpc
1 ability to administer a nursing home.
2 (Source: P.A. 86-820.)
3 (225 ILCS 70/5) (from Ch. 111, par. 3655)
4 (Text of Section before amendment by P.A. 89-507)
5 Sec. 5. Board.
6 (a) There is hereby created the Nursing Home
7 Administrators Administrator's Licensing and Disciplinary
8 Board. The Board shall consist of 9 members appointed by the
9 Governor. All shall be residents of the State of Illinois.
10 Three members shall be representatives of the general public.
11 Six members shall be nursing home administrators who for at
12 least 5 years prior to their appointments were licensed under
13 this Act. The public members shall have no responsibility
14 for management or formation of policy of, nor any financial
15 interest in, nursing homes as defined in this Act, nor any
16 other connection with the profession. In appointing licensed
17 nursing home administrators, the Governor shall take into
18 consideration the recommendations of the nursing home
19 professional associations.
20 (b) Members Initial terms shall begin January 1, 1988.
21 Of the members of the Board first appointed, 3 shall be
22 appointed for terms of 2 years; 3 shall be appointed for
23 terms of 3 years, and 3 shall be appointed for terms of 4
24 years. Upon the expiration of the term of any member, their
25 successor shall be appointed for a term of 4 years by the
26 Governor. The Governor shall fill any vacancy for the
27 remainder of the unexpired term. Any member of the Board may
28 be removed by the Governor for cause. Each member shall
29 serve on the Board until his or her their successor is
30 appointed and qualified. No member of the Board shall serve
31 more than 2 consecutive 4 year terms.
32 In making appointments the Governor shall attempt to
33 insure that the various geographic regions of the State of
-87- LRB9003437DPpc
1 Illinois are properly represented.
2 The Board in existence on the effective date of this Act
3 shall continue to exercise the powers and duties specified
4 under this Act until a successor Board is designated by the
5 Governor. The Governor shall designate the successor Board
6 within 90 days of the effective date of this Act.
7 (c) The Board shall annually elect one of its members as
8 chairperson and chairman, one as vice chairperson chairman
9 and one as secretary. No officer shall be elected more than
10 twice in succession to the same office. Each officer shall
11 serve until his or her their successor has been elected and
12 qualified.
13 (d) A majority of the Board members currently appointed
14 shall constitute a quorum Five members of the Board shall
15 constitute a quorum. A vacancy in the membership of the Board
16 shall not impair the right of a quorum to exercise all the
17 rights and perform all the duties of the Board. Any action
18 taken by the Board under this Act may be authorized by
19 resolution at any regular or special meeting and each such
20 resolution shall take effect immediately. The Board shall
21 meet at least quarterly. The Board is empowered to adopt all
22 rules and regulations necessary and incident to the powers
23 granted to it under this Act.
24 (e) Each member, and member-officer, of the Board shall
25 receive a per diem stipend as the Director of the Department,
26 hereinafter referred to as the Director, shall determine.
27 Each member shall be paid their necessary expenses while
28 engaged in the performance of his or her their duties.
29 (f) (Blank) The Director shall select a Nursing Home
30 Administrator Coordinator who shall not be a member of the
31 Board. The Nursing Home Administrator coordinator shall be
32 the designated administrator of this Act.
33 The Director shall employ, in conformity with the
34 Personnel Code, not less than one investigator for every 5000
-88- LRB9003437DPpc
1 Nursing Home Administrators licensed in the State. Each
2 investigator shall be a college graduate with at least 2
3 years' investigative experience or be a licensed Nursing Home
4 Administrator for 2 years. Upon the written request of the
5 Board, the Director shall employ, in conformity with the
6 Personnel Code, such other professional, technical,
7 investigative, and clerical help, either on a full or
8 part-time basis as the Board deems necessary for the proper
9 performance of its duties.
10 (g) (Blank) Upon the written request of the Board or the
11 Nursing Home Administrator Coordinator, the Department of
12 Alcoholism and Substance Abuse or the Department of State
13 Police may cooperate and assist in any investigation
14 undertaken by the Board.
15 (h) Members of the Board shall be immune from suit in
16 any action based upon any disciplinary proceedings or other
17 acts performed in good faith as members of the Board.
18 (i) (Blank) The Board may compile and establish a
19 statewide roster of Nursing Home Administrators and other
20 associated field professionals, including the several medical
21 specialties, who have agreed to serve from time to time as
22 advisors to the Nursing Home Administrator Coordinator. Such
23 advisors shall assist the Nursing Home Administrator
24 Coordinator in investigations and participation in complaints
25 against Nursing Home Administrators. Such advisors shall
26 serve under contract and shall be reimbursed at a rate set by
27 the Director for each and every day they shall be actually
28 advising the Nursing Home Administrator Coordinator, plus
29 reasonable expenses incurred. While serving in this
30 capacity, the advisor, for any act undertaken in good faith
31 and in the conduct of their duties under this Section, shall
32 be immune from civil suit.
33 The Department shall exercise the powers and duties
34 prescribed by the Civil Administrative Code of Illinois for
-89- LRB9003437DPpc
1 administration of licensing acts and shall exercise such
2 other powers and duties necessary for effectuating the
3 purpose of this Act. The Department shall promulgate rules
4 to implement, interpret, or make specific the provisions and
5 purposes of this Act; however no such rulemaking shall be
6 promulgated by the Department except upon the Board's written
7 approval.
8 (j) The Director shall give due consideration to all
9 recommendations of the Board. If the Director disagrees with
10 or takes action contrary to a recommendation of the Board, he
11 or she shall provide the Board with a written and specific
12 explanation of his or her action.
13 (Source: P.A. 85-932.)
14 (Text of Section after amendment by P.A. 89-507)
15 Sec. 5. Board.
16 (a) There is hereby created the Nursing Home
17 Administrators Administrator's Licensing and Disciplinary
18 Board. The Board shall consist of 9 members appointed by the
19 Governor. All shall be residents of the State of Illinois.
20 Three members shall be representatives of the general public.
21 Six members shall be nursing home administrators who for at
22 least 5 years prior to their appointments were licensed under
23 this Act. The public members shall have no responsibility
24 for management or formation of policy of, nor any financial
25 interest in, nursing homes as defined in this Act, nor any
26 other connection with the profession. In appointing licensed
27 nursing home administrators, the Governor shall take into
28 consideration the recommendations of the nursing home
29 professional associations.
30 (b) Members Initial terms shall begin January 1, 1988.
31 Of the members of the Board first appointed, 3 shall be
32 appointed for terms of 2 years; 3 shall be appointed for
33 terms of 3 years, and 3 shall be appointed for terms of 4
34 years. Upon the expiration of the term of any member, their
-90- LRB9003437DPpc
1 successor shall be appointed for a term of 4 years by the
2 Governor. The Governor shall fill any vacancy for the
3 remainder of the unexpired term. Any member of the Board may
4 be removed by the Governor for cause. Each member shall
5 serve on the Board until his or her their successor is
6 appointed and qualified. No member of the Board shall serve
7 more than 2 consecutive 4 year terms.
8 In making appointments the Governor shall attempt to
9 insure that the various geographic regions of the State of
10 Illinois are properly represented.
11 The Board in existence on the effective date of this Act
12 shall continue to exercise the powers and duties specified
13 under this Act until a successor Board is designated by the
14 Governor. The Governor shall designate the successor Board
15 within 90 days of the effective date of this Act.
16 (c) The Board shall annually elect one of its members as
17 chairperson and chairman, one as vice chairperson chairman
18 and one as secretary. No officer shall be elected more than
19 twice in succession to the same office. Each officer shall
20 serve until his or her their successor has been elected and
21 qualified.
22 (d) A majority of the Board members currently appointed
23 shall constitute a quorum Five members of the Board shall
24 constitute a quorum. A vacancy in the membership of the Board
25 shall not impair the right of a quorum to exercise all the
26 rights and perform all the duties of the Board. Any action
27 taken by the Board under this Act may be authorized by
28 resolution at any regular or special meeting and each such
29 resolution shall take effect immediately. The Board shall
30 meet at least quarterly. The Board is empowered to adopt all
31 rules and regulations necessary and incident to the powers
32 granted to it under this Act.
33 (e) Each member, and member-officer, of the Board shall
34 receive a per diem stipend as the Director of the Department,
-91- LRB9003437DPpc
1 hereinafter referred to as the Director, shall determine.
2 Each member shall be paid their necessary expenses while
3 engaged in the performance of his or her their duties.
4 (f) (Blank) The Director shall select a Nursing Home
5 Administrator Coordinator who shall not be a member of the
6 Board. The Nursing Home Administrator coordinator shall be
7 the designated administrator of this Act.
8 The Director shall employ, in conformity with the
9 Personnel Code, not less than one investigator for every 5000
10 Nursing Home Administrators licensed in the State. Each
11 investigator shall be a college graduate with at least 2
12 years' investigative experience or be a licensed Nursing Home
13 Administrator for 2 years. Upon the written request of the
14 Board, the Director shall employ, in conformity with the
15 Personnel Code, such other professional, technical,
16 investigative, and clerical help, either on a full or
17 part-time basis as the Board deems necessary for the proper
18 performance of its duties.
19 (g) (Blank) Upon the written request of the Board or the
20 Nursing Home Administrator Coordinator, the Department of
21 Human Services or the Department of State Police may
22 cooperate and assist in any investigation undertaken by the
23 Board.
24 (h) Members of the Board shall be immune from suit in
25 any action based upon any disciplinary proceedings or other
26 acts performed in good faith as members of the Board.
27 (i) (Blank) The Board may compile and establish a
28 statewide roster of Nursing Home Administrators and other
29 associated field professionals, including the several medical
30 specialties, who have agreed to serve from time to time as
31 advisors to the Nursing Home Administrator Coordinator. Such
32 advisors shall assist the Nursing Home Administrator
33 Coordinator in investigations and participation in complaints
34 against Nursing Home Administrators. Such advisors shall
-92- LRB9003437DPpc
1 serve under contract and shall be reimbursed at a rate set by
2 the Director for each and every day they shall be actually
3 advising the Nursing Home Administrator Coordinator, plus
4 reasonable expenses incurred. While serving in this
5 capacity, the advisor, for any act undertaken in good faith
6 and in the conduct of their duties under this Section, shall
7 be immune from civil suit.
8 The Department shall exercise the powers and duties
9 prescribed by the Civil Administrative Code of Illinois for
10 administration of licensing acts and shall exercise such
11 other powers and duties necessary for effectuating the
12 purpose of this Act. The Department shall promulgate rules
13 to implement, interpret, or make specific the provisions and
14 purposes of this Act; however no such rulemaking shall be
15 promulgated by the Department except upon the Board's written
16 approval.
17 (j) The Director shall give due consideration to all
18 recommendations of the Board. If the Director disagrees with
19 or takes action contrary to the recommendation of the Board,
20 he or she shall provide the Board with a written and specific
21 explanation of his or her action.
22 (Source: P.A. 89-507, eff. 7-1-97.)
23 (225 ILCS 70/5.1 new)
24 Sec. 5.1. Powers and duties; rules. The Department shall
25 exercise the powers and duties prescribed by the Civil
26 Administrative Code of Illinois for administration of
27 licensing acts and shall exercise such other powers and
28 duties necessary for effectuating the purposes of this Act.
29 The Department shall adopt rules to implement, interpret, or
30 make specific the provisions and purposes of this Act and may
31 prescribe forms that shall be issued in connection with
32 rulemaking. The Department shall transmit the proposed
33 rulemaking to the Board.
-93- LRB9003437DPpc
1 The Department may solicit the advice of the Board on any
2 matter relating to the administration and enforcement of this
3 Act.
4 The Director shall employ, in conformity with the
5 Personnel Code, professional, technical, investigative, and
6 clerical help on a full-time or part-time basis as necessary
7 for the proper performance of its duties.
8 Upon the written request of the Department, the
9 Department of Human Services or the Department of State
10 Police may cooperate and assist in any investigation
11 undertaken by the Board.
12 (225 ILCS 70/6) (from Ch. 111, par. 3656)
13 Sec. 6. Application procedure. Applications for original
14 licenses shall be made to the Department in writing on forms
15 prescribed by the Department and shall be accompanied by the
16 required fee, which shall not be refundable. The Any such
17 application shall require such information as in the judgment
18 of the Department will enable the Department Board to pass on
19 the qualifications of the applicant for a license.
20 (Source: P.A. 85-932.)
21 (225 ILCS 70/7) (from Ch. 111, par. 3657)
22 Sec. 7. Examination. The Department shall authorize
23 examinations of applicants as nursing home administrators at
24 such times and places as it may determine. Examinations shall
25 be held not less frequently than 2 times every year. The
26 examination of applicants shall be of a character to give a
27 fair test of the qualifications of the applicant to practice
28 nursing home administration.
29 Applicants for examination as nursing home administrators
30 shall be required to pay, either to the Department or the
31 designated testing service, a fee covering the cost of
32 providing the examination. Failure to appear for the
-94- LRB9003437DPpc
1 examination on the scheduled date, at the time and place
2 specified, after the applicant's application for examination
3 has been received and acknowledged by the Department or the
4 designated testing service, shall result in the forfeiture of
5 the examination fee.
6 If an applicant neglects, fails or refuses to take an
7 examination or fails to pass an examination for a license
8 under this Act within 3 years after filing his or her
9 licensure application, the application shall be denied and
10 the examination shall be void. However, such applicant may
11 thereafter make a new application for examination accompanied
12 by the required fee, and must furnish proof of meeting
13 qualifications for examination in effect at the time of new
14 application.
15 An applicant shall have one year from the date of
16 notification of successful completion of the examination to
17 apply to the Department for a license. If an applicant fails
18 to apply within one year, the applicant shall be required to
19 again take and pass the examination.
20 The Department may employ consultants for the purpose of
21 preparing and conducting examinations.
22 (Source: P.A. 85-932.)
23 (225 ILCS 70/8) (from Ch. 111, par. 3658)
24 Sec. 8. Qualifications for license. A person is
25 qualified to receive a license as a nursing home
26 administrator:
27 (a) who is at least 21 years of age,
28 (b) who has not engaged in conduct or behavior
29 determined to be grounds for discipline under this Act,
30 (c) who is in sound physical and mental health,
31 (d) (blank),
32 (e) who is a graduate of a college or university
33 deemed reputable and in good standing by the Department,
-95- LRB9003437DPpc
1 or who has satisfactorily completed a course of
2 instruction approved by the Department containing
3 subjects embracing the laws governing the operation of
4 nursing homes, the protection of the health and safety of
5 patients in nursing homes and the elements of sound
6 nursing home administration, or who presents evidence to
7 the Department of education, training and experience
8 deemed by the Department to be equivalent to of either of
9 the above,
10 (f) who passes a written examination conducted by
11 the Department to determine his or her fitness to receive
12 a license as a nursing home administrator, and
13 (g) who pays the required fee.
14 (Source: P.A. 89-387, eff. 8-20-95.)
15 (225 ILCS 70/9) (from Ch. 111, par. 3659)
16 Sec. 9. Temporary license without examination. The
17 Department may in its discretion issue without examination a
18 temporary license as a nursing home administrator to any
19 applicant who furnishes the Department with satisfactory
20 proof under oath, on forms prescribed by the Department, that
21 he or she:
22 (a) is at least 21 years of age,
23 (b) who has not engaged in conduct or behavior
24 determined to be grounds for discipline under this Act,
25 (c) is in sound physical and mental health,
26 (d) (blank) is a citizen of the United States or is
27 a lawfully admitted alien,
28 (e) is a graduate of a college or university deemed
29 reputable and in good standing by the Department, or who
30 has satisfactorily completed a course of instruction
31 approved by the Department containing subjects embracing
32 the laws governing the operation of nursing homes, the
33 protection of the health and safety of patients in
-96- LRB9003437DPpc
1 nursing homes and the elements of sound nursing home
2 administration, or who presents evidence to the
3 Department of education, training, and experience deemed
4 by the Department to be equivalent to either of the
5 above,
6 (f) (g) has been accepted or appointed as a nursing
7 home administrator in a facility licensed to provide
8 nursing care by the Illinois Department of Public Health,
9 and
10 (g) (h) pays the required fee.
11 The applicant shall indicate the beginning date of the
12 period for which he or she has been accepted or appointed,
13 and shall specify the particular facility in which he or she
14 will serve as administrator.
15 After receiving a temporary license under this Section,
16 the holder of a temporary license shall take the examination
17 for a license under this Act that is scheduled to be given
18 before his or her temporary license expires. The temporary
19 license of an individual who passes the examination shall be
20 valid until he or she applies for and receives a license
21 under Section 7 of this Act.
22 Temporary licenses issued pursuant to this Section shall
23 be valid only for a period of one year from date of issuance.
24 A temporary license issued under this Section may be extended
25 only for one additional one-year period if the applicant took
26 the examination during the period of his or her temporary
27 license. The applicant shall retake the examination prior to
28 the expiration of the extended temporary license. The holder
29 of a temporary license shall be entitled to serve as a
30 nursing home administrator in the particular facility
31 indicated on his or her application, but he or she shall not
32 be entitled to engage in the practice of nursing home
33 administration in any other facility without first applying
34 to the Department and having been granted an amended
-97- LRB9003437DPpc
1 temporary license designating a different facility.
2 Upon the termination of his or her service or the lapse
3 or revocation of his or her license, whichever is sooner, the
4 holder of a temporary license shall surrender it to the
5 Department.
6 A temporary license may be revoked by the Department upon
7 proof that the holder has engaged in the practice of nursing
8 home administration in this State in a facility not named on
9 his or her application.
10 An applicant for a temporary license as a nursing home
11 administrator may act as a nursing home administrator for a
12 period of up to 60 days prior to the issuance of a license if
13 the applicant has submitted the required fee and an
14 application for licensure to the Department. This 60-day
15 period may be extended until the next Board meeting if action
16 by the Board is required. The applicant shall keep a copy of
17 the submitted application on the premises where the applicant
18 is engaged in the practice as a nursing home administrator.
19 The authority to practice shall terminate immediately
20 upon the denial of licensure by the Department or the
21 withdrawal of the application.
22 (Source: P.A. 89-197, eff. 7-21-95.)
23 (225 ILCS 70/10) (from Ch. 111, par. 3660)
24 Sec. 10. License requirement. It shall be unlawful for
25 any person to operate or manage a nursing home in the State
26 of Illinois unless he or she is licensed as a nursing home
27 administrator in accordance with this Act.
28 The practice of nursing home administration, or the use
29 of the title "Licensed Nursing Home Administrator", the
30 initials "N.H.A." or any other word or abbreviation
31 indicating that he or she is a nursing home administrator, by
32 any person who has not been issued a license or whose license
33 has been suspended or revoked is hereby declared to be
-98- LRB9003437DPpc
1 inimical to public health and welfare and to constitute a
2 public nuisance.
3 Nothing in this Act or in the rules adopted hereunder
4 shall require an administrator of any facility or institution
5 operated solely by and for persons who rely exclusively upon
6 treatment by spiritual means through prayer alone, in
7 accordance with the creed or tenets of any well-recognized
8 church or religious denomination, to be licensed as a nursing
9 home administrator.
10 (Source: P.A. 86-130.)
11 (225 ILCS 70/11) (from Ch. 111, par. 3661)
12 Sec. 11. Expiration; renewal; continuing education. The
13 expiration date and renewal period for each license issued
14 under this Act shall be set by rule.
15 Each licensee shall provide proof of having obtained 36
16 hours of continuing education in the 2 year period preceding
17 the renewal date of the license as a condition of license
18 renewal. The continuing education requirement may be waived
19 in part or in whole for such good cause as may be determined
20 by rule.
21 Any continuing education course for nursing home
22 administrators approved by the National Continuing Education
23 Review Service of the National Association of Boards of
24 Examiners of Nursing Home Administrators will be accepted
25 toward toward satisfaction of these requirements.
26 Any continuing education course for nursing home
27 administrators sponsored by the Life Services Network of
28 Illinois Illinois Association of Homes for the Aging,
29 Illinois Council on Long Term Care, County Nursing Home
30 Association of Illinois, Illinois Health Care Association,
31 Illinois Chapter of American College of Health Care
32 Administrators, and the Illinois Nursing Home Administrators
33 Association will be accepted toward satisfaction of these
-99- LRB9003437DPpc
1 requirements.
2 Any school, college or university, State agency, or other
3 entity may apply to the Department Board for approval as a
4 continuing education sponsor. Criteria for qualification as a
5 continuing education sponsor shall be established by rule.
6 It shall be the responsibility of each continuing
7 education sponsor to maintain records, as prescribed by rule,
8 to verify attendance.
9 The Department shall establish by rule a means for the
10 verification of completion of the continuing education
11 required by this Section. This verification may be
12 accomplished through audits of records maintained by
13 registrants; by requiring the filing of continuing education
14 certificates with the Department; or by other means
15 established by the Department.
16 Any nursing home administrator who has permitted his or
17 her license to expire or who has had his or her license on
18 inactive status may have his or her license restored by
19 making application to the Department and filing proof
20 acceptable to the Department of his or her fitness to have
21 his or her license restored and by paying the required fee.
22 Proof of fitness may include evidence certifying to active
23 lawful practice in another jurisdiction satisfactory to the
24 Department and by paying the required restoration fee.
25 However, any nursing home administrator whose license
26 expired while he or she was (1) in federal service on active
27 duty with the Armed Forces of the United States, or the State
28 Militia called into service or training, or (2) in training
29 or education under the supervision of the United States
30 preliminary to induction into the military services, may have
31 his or her license renewed or restored without paying any
32 lapsed renewal fees if within 2 years after honorable
33 termination of such service, training or education, he or she
34 furnishes the Department with satisfactory evidence to the
-100- LRB9003437DPpc
1 effect that he or she has been so engaged and that his or her
2 service, training or education has been so terminated.
3 (Source: P.A. 86-1472; 87-546.)
4 (225 ILCS 70/12) (from Ch. 111, par. 3662)
5 Sec. 12. Inactive status. Any nursing home administrator
6 who notifies the Department in writing on forms prescribed by
7 the Department, may elect to place his or her license on an
8 inactive status and shall, subject to rules of the
9 Department, be excused from payment of renewal fees and the
10 completion of continuing education requirements until he or
11 she notifies the Department in writing of his or her intent
12 to restore his or her license.
13 Any nursing home administrator requesting restoration
14 from inactive status shall be required to pay the current
15 renewal fee and shall be required to restore his or her
16 license, as provided by rule of the Department.
17 Any nursing home administrator whose license is in an
18 inactive status shall not practice as a nursing home
19 administrator in the State of Illinois.
20 Any licensee who shall practice as a nursing home
21 administrator while his or her license is lapsed or on
22 inactive status shall be considered to be practicing without
23 a license which shall be grounds for discipline under Section
24 17 of this Act.
25 (Source: P.A. 85-932.)
26 (225 ILCS 70/13) (from Ch. 111, par. 3663)
27 Sec. 13. Endorsement. The Department may, in its
28 discretion, license as a nursing home administrator, without
29 examination, on payment of the required fee, an applicant who
30 is so licensed under the laws of another U.S. jurisdiction,
31 if the requirements for licensure in the other jurisdiction
32 in which the applicant was licensed, were, at the date of his
-101- LRB9003437DPpc
1 or her licensure, substantially equivalent to the
2 requirements then in force in this State; or if the
3 applicant's qualifications were, at the date of his or her
4 licensure in the other jurisdiction, substantially equivalent
5 to the requirements then in force in this State.
6 Notwithstanding the provisions of this Section, all
7 applicants seeking licensure under this Section shall be
8 required to take and pass an examination testing the
9 applicant's knowledge of Illinois law relating to the
10 practice of nursing home administration.
11 Applicants have 3 years from the date of application to
12 complete the application process. If the process has not
13 been completed in 3 years, the application shall be denied,
14 the fee shall be forfeited, and the applicant must reapply
15 and meet the requirements in effect at the time of
16 reapplication.
17 (Source: P.A. 86-596.)
18 (225 ILCS 70/14) (from Ch. 111, par. 3664)
19 Sec. 14. Fees.
20 (a) Except as provided in subsection (b), the fees for
21 the administration and enforcement of this Act, including but
22 not limited to original licensure, renewal, and restoration
23 fees, shall be set by rule of the Department. The following
24 fees shall are not be refundable.
25 1. The fee for application for a license is $100.
26 (b) Applicants 2. In addition, applicants for any
27 examination shall be required to pay, either to the
28 Department or to the designated testing service, a fee
29 covering the cost of determining the applicant's eligibility
30 and providing the examination. Failure to appear for the
31 examination on the scheduled date, the time, and place
32 specified, after the applicant's application for examination
33 has been received and acknowledged by the Department or the
-102- LRB9003437DPpc
1 designated testing service, shall result in the forfeiture of
2 the examination fee.
3 3. The fee for a license for a nursing home
4 administrator registered or licensed under the laws of
5 another U.S. jurisdiction is $150.
6 4. The fee for the renewal of a license shall be
7 calculated at the rate of $50 per year.
8 5. The fee for the restoration of a license other than
9 from inactive status is $10 plus payment of all lapsed
10 renewal fees.
11 6. The fee to be paid by an applicant for a temporary
12 license as provided under Section 9 of this Act is $75.
13 7. The fee for the issuance of a duplicate license, for
14 the issuance of a replacement license for a license which has
15 been lost or destroyed or for the issuance of a license with
16 a change of name or address other than during the renewal
17 period is $20.
18 8. The fee to be paid for a certification of a
19 licensee's record for any purpose is $20.
20 9. The fee to be paid to have the scoring of an
21 examination administered by the Department reviewed and
22 verified is $20 in addition to the fee required by the
23 testing service.
24 10. The fee by a licensee for a wall certificate showing
25 his licensure shall be the actual cost of producing such
26 certificate.
27 11. The fee for a roster of persons licensed as nursing
28 home administrators in this State shall be the actual cost of
29 producing such a roster.
30 12. The annual fee for continuing education sponsors is
31 $500, however State agencies, colleges and universities shall
32 be exempt from the payment of this fee.
33 (Source: P.A. 85-932.)
-103- LRB9003437DPpc
1 (225 ILCS 70/15) (from Ch. 111, par. 3665)
2 Sec. 15. Returned checks; fines. Any person who delivers
3 a check or other payment to the Department that is returned
4 to the Department unpaid by the financial institution upon
5 which it is drawn shall pay to the Department, in addition to
6 the amount already owed to the Department, a fine of $50. If
7 the check or other payment was for a renewal or issuance fee
8 and that person practices without paying the renewal fee or
9 issuance fee and the fine due, an additional fine of $100
10 shall be imposed. The fines imposed by this Section are in
11 addition to any other discipline provided under this Act for
12 unlicensed practice or practice on a nonrenewed license. The
13 Department shall notify the person that payment of fees and
14 fines shall be paid to the Department by certified check or
15 money order within 30 calendar days of the notification. If,
16 after the expiration of 30 days from the date of the
17 notification, the person has failed to submit the necessary
18 remittance, the Department shall automatically terminate the
19 license or certificate or deny the application, without
20 hearing. If, after termination or denial, the person seeks a
21 license or certificate, he or she shall apply to the
22 Department for restoration or issuance of the license or
23 certificate and pay all fees and fines due to the Department.
24 The Department may establish a fee for the processing of an
25 application for restoration of a license or certificate to
26 pay all expenses of processing this application. The Director
27 may waive the fines due under this Section in individual
28 cases where the Director finds that the fines would be
29 unreasonable or unnecessarily burdensome.
30 (Source: P.A. 86-596; 87-1031.)
31 (225 ILCS 70/17) (from Ch. 111, par. 3667)
32 Sec. 17. Grounds for disciplinary action.
33 (a) The Department may impose fines not to exceed
-104- LRB9003437DPpc
1 $1,000, or may refuse to issue or to renew, or may revoke,
2 suspend, place on probation, censure, reprimand or take other
3 disciplinary action with regard to the license of any person,
4 for any one or combination of the following causes:
5 (1) 1. Intentional material misstatement in
6 furnishing information to the Department.
7 (2) 2. Conviction of any crime under the laws of
8 the United States or any state or territory thereof that
9 which is a felony or which is a misdemeanor of which, an
10 essential element of which is dishonesty, or of any crime
11 that which is directly related to the practice of the
12 profession of nursing home administration.
13 (3) 3. Making any misrepresentation for the purpose
14 of obtaining a license licenses, or violating any
15 provision of this Act.
16 (4) 4. Immoral conduct in the commission of any
17 act, such as sexual abuse or sexual misconduct, related
18 to the licensee's practice.
19 (5) 5. Failing to respond within 60 days, to a
20 written request made by the Department for information
21 after consultation with the Nursing Home Administrator
22 Coordinator.
23 (6) 6. Engaging in dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public.
26 (7) 7. Habitual use or addiction to alcohol,
27 narcotics, stimulants, or any other chemical agent or
28 drug which results in the inability to practice with
29 reasonable judgment, skill or safety.
30 (8) 8. Discipline by another U.S. jurisdiction if
31 at least one of the grounds for the discipline is the
32 same or substantially equivalent to those set forth
33 herein.
34 (9) 9. A finding by the Department that the
-105- LRB9003437DPpc
1 licensee, after having his or her license placed on
2 probationary status has violated the terms of probation.
3 (10) 10. Willfully making or filing false records
4 or reports in his or her practice, including but not
5 limited to false records filed with State agencies or
6 departments.
7 (11) 11. Physical illness, including but not
8 limited to, deterioration through the aging process, or
9 loss of motor skill that which results in the inability
10 to practice the profession with reasonable judgment,
11 skill or safety.
12 (12) 12. Disregard or violation of this Act or of
13 any rule or regulation issued pursuant to this Act
14 thereto.
15 (13) 13. Aiding or abetting another in the
16 violation of this Act or any rule or regulation issued
17 pursuant to this Act thereto.
18 (14) 14. Allowing one's license to be used by an
19 unlicensed person.
20 (15) 15. Conviction of any crime an essential
21 element of which is misstatement, fraud or dishonesty, or
22 conviction in this State or another state of any crime
23 that which is a felony under the laws of this State or
24 conviction of a felony in a federal court.
25 (16) 16. Professional incompetence in the practice
26 of nursing home administration.
27 (17) 17. Conviction of a violation of Section 12-19
28 of the Criminal Code of 1961 for the abuse and gross
29 neglect of a long term care facility resident.
30 (18) 18. Violation of the Nursing Home Care Act or
31 of any rule issued under the Nursing Home Care Act.
32 All proceedings to suspend, revoke, place on probationary
33 status, or take any other disciplinary action as the
34 Department may deem proper, with regard to a license on any
-106- LRB9003437DPpc
1 of the foregoing grounds, must be commenced within 3 years
2 next after receipt by the Department of (i) a complaint
3 alleging the commission of or notice of the conviction order
4 for any of the acts described herein or (ii) a referral for
5 investigation under Section 3-108 of the Nursing Home Care
6 Act.
7 The entry of an order or judgment by any circuit court
8 establishing that any person holding a license under this Act
9 is a person in need of mental treatment operates as a
10 suspension of that license. That person may resume their
11 practice only upon the entry of a Department order based upon
12 a finding by the Board that they have been determined to be
13 recovered from mental illness by the court and upon the
14 Board's recommendation that they be permitted to resume their
15 practice.
16 The Department, upon the recommendation of the Board,
17 shall adopt rules which set forth standards to be used in
18 determining what constitutes:
19 (a) when a person will be deemed sufficiently
20 rehabilitated to warrant the public trust;
21 (b) dishonorable, unethical or unprofessional
22 conduct of a character likely to deceive, defraud, or
23 harm the public;
24 (c) immoral conduct in the commission of any act
25 related to the licensee's practice; and
26 (d) professional incompetence in the practice of
27 nursing home administration.
28 However, no such rule shall be admissible into evidence
29 in any civil action except for review of a licensing or other
30 disciplinary action under this Act.
31 In enforcing this Section, the Department or Board, upon
32 a showing of a possible violation of paragraph 7 or 11, of
33 subsection (a), of Section 17, may compel any individual
34 licensed to practice under this Act, or who has applied for
-107- LRB9003437DPpc
1 licensure pursuant to this Act, to submit to a mental or
2 physical examination, or both, as required by and at the
3 expense of the Department. The examining physician or
4 physicians shall be those specifically designated by the
5 Department or Board. The Department or Board may order the
6 examining physician to present testimony concerning this
7 mental or physical examination of the licensee or applicant.
8 No information shall be excluded by reason of any common law
9 or statutory privilege relating to communications between the
10 licensee or applicant and the examining physician. The
11 individual to be examined may have, at his or her own
12 expense, another physician of his or her choice present
13 during all aspects of the examination. Failure of any
14 individual to submit to mental or physical examination, when
15 directed, shall be grounds for suspension of his or her
16 license until such time as the individual submits to the
17 examination if the Department Board finds, after notice and
18 hearing, that the refusal to submit to the examination was
19 without reasonable cause.
20 If the Department or Board finds an individual a Nursing
21 Home Administrator unable to practice because of the reasons
22 set forth in this Section, the Department or Board shall
23 require such individual to submit to care, counseling, or
24 treatment by physicians approved or designated by the
25 Department or Board, as a condition, term, or restriction for
26 continued, reinstated, or renewed licensure to practice; or
27 in lieu of care, counseling, or treatment, the Department may
28 file, or the Board may recommend to the Department to file, a
29 complaint to immediately suspend, revoke, or otherwise
30 discipline the license of the individual. Any individual
31 Administrator, whose license was granted pursuant to this
32 Act, or, continued, reinstated, renewed, disciplined or
33 supervised, subject to such terms, conditions or restrictions
34 who shall fail to comply with such terms, conditions or
-108- LRB9003437DPpc
1 restrictions, or to complete a required program of care,
2 counseling, or treatment, as determined by the Nursing Home
3 Administrator Coordinator, shall be referred to the Director
4 for a determination as to whether the licensee shall have his
5 or her their license suspended immediately, pending a hearing
6 by the Department Board. In instances in which the Director
7 immediately suspends a license under this Section, a hearing
8 upon such person's license must be convened by the Board
9 within 15 days after such suspension and completed without
10 appreciable delay. The Department and Board shall have the
11 authority to review the subject administrator's record of
12 treatment and counseling regarding the impairment, to the
13 extent permitted by applicable federal statutes and
14 regulations safeguarding the confidentiality of medical
15 records.
16 An individual licensed under this Act, affected under
17 this Section, shall be afforded an opportunity to demonstrate
18 to the Department or Board that he or she they can resume
19 practice in compliance with acceptable and prevailing
20 standards under the provisions of his or her their license.
21 (b) Immunity from prosecution. Any individual or
22 organization acting in good faith, and not in a wilful and
23 wanton manner, in complying with this Act by providing any
24 report or other information to the Department Board, or
25 assisting in the investigation or preparation of such
26 information, or by participating in proceedings of the
27 Department Board, or by serving as a member of the Board,
28 shall not, as a result of such actions, be subject to
29 criminal prosecution or civil damages.
30 (c) Indemnification. Members of the Board, and persons
31 retained under contract to assist and advise the Nursing Home
32 Administrator Coordinator in an investigation, shall be
33 indemnified by the State for any actions occurring within the
34 scope of services on or for the Board, done in good faith and
-109- LRB9003437DPpc
1 not wilful and wanton in nature. The Attorney General shall
2 defend all such actions unless he or she determines either
3 that there would be a conflict of interest in such
4 representation or that the actions complained of were not in
5 good faith or were wilful and wanton.
6 Should the Attorney General decline representation, a
7 person entitled to indemnification under this Section shall
8 have the right to employ counsel of his or her choice, whose
9 fees shall be provided by the State, after approval by the
10 Attorney General, unless there is a determination by a court
11 that the member's actions were not in good faith or were
12 wilful and wanton.
13 A person entitled to indemnification under this Section
14 must notify the Attorney General within 7 days of receipt of
15 notice of the initiation of any action involving services of
16 the Board. Failure to so notify the Attorney General shall
17 constitute an absolute waiver of the right to a defense and
18 indemnification.
19 The Attorney General shall determine within 7 days after
20 receiving such notice, whether he or she will undertake to
21 represent a person entitled to indemnification under this
22 Section.
23 (d) The determination by a circuit court that a licensee
24 is subject to involuntary admission or judicial admission as
25 provided in the "Mental Health and Developmental Disabilities
26 Code", as amended, operates as an automatic suspension. Such
27 suspension will end only upon a finding by a court that the
28 patient is no longer subject to involuntary admission or
29 judicial admission and issues an order so finding and
30 discharging the patient; and upon the recommendation of the
31 Board to the Director that the licensee be allowed to resume
32 his or her practice.
33 (e) The Department may refuse to issue or may suspend
34 the license certificate of any person who fails to file a
-110- LRB9003437DPpc
1 return, or to pay the tax, penalty or interest shown in a
2 filed return, or to pay any final assessment of tax, penalty
3 or interest, as required by any tax Act administered by the
4 Illinois Department of Revenue, until such time as the
5 requirements of any such tax Act are satisfied.
6 (f) The Illinois Department of Public Health shall
7 transmit to the Department a list of those facilities which
8 receive an "A" violation as defined in Section 1-129 of the
9 Nursing Home Care Act.
10 (Source: P.A. 89-197, eff. 7-21-95.)
11 (225 ILCS 70/18) (from Ch. 111, par. 3668)
12 Sec. 18. Cease and desist order.
13 (a) If any person who is not a licensed nursing home
14 administrator violates a the provision of this Act, the
15 Director may, in the name of the People of the State of
16 Illinois, through the Attorney General of the State of
17 Illinois or the State's Attorney of any county in which the
18 action is brought, petition, for an order enjoining such
19 violation or for an order enforcing compliance with this Act.
20 Upon the filing of a verified petition in court, the court
21 may issue a temporary restraining order, without notice or
22 bond, and may preliminarily and permanently enjoin such
23 violation., and If it is established that such person has
24 violated or is violating the injunction, the Court may punish
25 the offender for contempt of court. Proceedings under this
26 Section shall be in addition to, and not in lieu of, all
27 other remedies and penalties provided by this Act.
28 (b) If any person shall practice as a nursing home
29 administrator or hold himself or herself out as a nursing
30 home administrator without being licensed under the
31 provisions of this Act, then any licensed nursing home
32 administrator, any interested party, or any person injured
33 thereby may, in addition to the Director, petition for relief
-111- LRB9003437DPpc
1 as provided in subsection (a) of this Section.
2 Whoever knowingly practices or offers to practice nursing
3 home administration in this State without being licensed for
4 that purpose shall be guilty of a Class A misdemeanor and for
5 each subsequent conviction, shall be guilty of a Class 4
6 felony.
7 (c) Whenever in the opinion of the Department any person
8 not licensed in good standing violates any provision of this
9 Act, the Department may issue a rule to show cause why an
10 order to cease and desist should not be entered against him
11 or her. The rule shall clearly set forth the grounds relied
12 upon by the Department and shall provide a period of 7
13 working days from the date of the rule to file an answer to
14 the satisfaction of the Department. Failure to answer to the
15 satisfaction of the Department shall cause an order to cease
16 and desist to be issued immediately forthwith.
17 (Source: P.A. 85-932.)
18 (225 ILCS 70/19) (from Ch. 111, par. 3669)
19 Sec. 19. Investigation; hearing notification. Upon the
20 motion of either the Department or the Board or upon the
21 verified complaint in writing of any person setting forth
22 facts that which, if proven, would constitute grounds for
23 suspension or revocation under Section 17 of this Act, the
24 Department shall investigate the actions of any person, so
25 accused, who holds or represents that he or she holds they
26 hold a license. Such a person is hereinafter called the
27 accused.
28 The Department shall, before suspending, revoking,
29 placing on probationary status, or taking any other
30 disciplinary action as the Department may deem proper with
31 regard to any license at least 30 days prior to the date set
32 for the hearing, notify the accused in writing of any charges
33 made and the time and place for a hearing of the charges
-112- LRB9003437DPpc
1 before the Board, direct them to file their written answer to
2 such notice thereto to the Board under oath within 30 days
3 after the service on them of such notice and inform them that
4 if they fail to file such answer default will be taken
5 against them and their license may be suspended, revoked,
6 placed on probationary status, or have other disciplinary
7 action, including limiting the scope, nature or extent of
8 their practice, as the Department may deem proper taken with
9 regard thereto.
10 Such written notice and any notice in such proceedings
11 thereafter may be served by delivery of the same, personally,
12 to the accused person, or by mailing the same by registered
13 or certified mail to the address last theretofore specified
14 by the accused in their last notification to the Department.
15 (Source: P.A. 85-932.)
16 (225 ILCS 70/20) (from Ch. 111, par. 3670)
17 Sec. 20. Board hearing; recommendation. At the time and
18 place fixed in the notice, the Board provided for in this Act
19 shall proceed to hear the charges and both the accused person
20 and the complainant shall be accorded ample opportunity to
21 present in person, or by counsel, such statements, testimony,
22 evidence and argument as may be pertinent to the charges or
23 to any defense thereto. The Board may continue such hearing
24 from time to time. If the Board is not sitting at the time
25 and place fixed in the notice or at the time and place to
26 which the hearing has been continued, the Department shall
27 continue such hearing for a period not to exceed 30 days.
28 In case the accused person, after receiving notice, fails
29 to file an answer, the Board may recommend that his or her
30 license be suspended, revoked or placed on probationary
31 status, or the Board may recommend whatever disciplinary
32 action as it may deem proper, without a hearing, if the act
33 or acts charged constitute sufficient grounds for such action
-113- LRB9003437DPpc
1 under this Act.
2 The Board has the authority to recommend to the Director
3 that probation be granted or that other disciplinary action,
4 be taken as it deems proper. If disciplinary action, other
5 than suspension or revocation, is taken the Board may
6 recommend that the Director impose reasonable limitations and
7 requirements upon the accused registrant to insure compliance
8 with the terms of the probation or other disciplinary action,
9 including, but not limited to, regular reporting by the
10 accused to the Department of their actions, placing
11 themselves under the care of a qualified physician for
12 treatment, or limiting their practice in such manner as the
13 Director may require.
14 The Director, after consultation with the Nursing Home
15 Administrator Coordinator, may temporarily suspend the
16 license of a nursing home administrator without a hearing,
17 simultaneously with the institution of proceedings for a
18 hearing provided under this Section if the Director finds
19 that evidence in his or her possession indicates that an
20 administrator's continuation in practice would constitute an
21 immediate danger to the public. If the Director suspends,
22 temporarily, the license of an administrator without a
23 hearing, a hearing by the Board shall be held within 15 days
24 after such suspension has occurred and shall be concluded
25 without appreciable delay.
26 (Source: P.A. 85-932.)
27 (225 ILCS 70/20.1 new)
28 Sec. 20.1. Summary suspension. The Director may summarily
29 suspend the license of a nursing home administrator without a
30 hearing, simultaneously with the institution of proceedings
31 for a hearing provided under this Section if the Director
32 finds that evidence in his or her possession indicates that
33 an administrator's continuation in practice would constitute
-114- LRB9003437DPpc
1 an immediate danger to the public. If the Director summarily
2 suspends the license of an administrator without a hearing, a
3 hearing shall be held within 30 days after the suspension has
4 occurred.
5 (225 ILCS 70/21) (from Ch. 111, par. 3671)
6 Sec. 21. Appointment of hearing officer. The Director
7 shall have the authority to appoint an attorney duly licensed
8 to practice law in the State of Illinois to serve as the
9 hearing officer in any action for refusal to issue, renew, or
10 discipline a license before the Board to suspend, revoke,
11 place on probationary status, or take any other disciplinary
12 action with regard to a license. The hearing officer shall
13 have full authority to conduct the hearing. There shall be
14 present at least one member of the Board at any such hearing.
15 The hearing officer shall report his or her findings of fact,
16 conclusions of law, and recommendations to the Board within
17 30 days of the receipt of the record. The Board shall have 60
18 90 days after from receipt of the report to review the report
19 of the hearing officer and present its their findings of
20 fact, conclusions of law, and recommendations to the
21 Director. If the Board fails to present its report within the
22 60 90 day period, the Director may issue an order based on
23 the report of the hearing officer. However, if the Board
24 does present its report within the specified 60 90 days, the
25 Director's order shall be based upon the report of the Board.
26 If the Director disagrees with the recommendation of the
27 Board or the hearing officer, the Director may issue an order
28 in contravention of the Board's report. The Director shall
29 promptly provide a written explanation to the Board on any
30 such disagreement.
31 (Source: P.A. 85-932.)
32 (225 ILCS 70/22) (from Ch. 111, par. 3672)
-115- LRB9003437DPpc
1 Sec. 22. Subpoena power. The Board or Department has
2 power to subpoena and bring before it any person in this
3 State and to take testimony either orally or by deposition,
4 or both, with the same fees and mileage and in the same
5 manner as is prescribed by law for judicial proceedings in
6 civil cases.
7 The Department Board, upon a determination that probable
8 cause exists that a violation of one or more of the grounds
9 for discipline listed in Section 17 has occurred or is
10 occurring, may subpoena the records of an individual licensed
11 under this Act, provided, that prior to the submission of
12 such records to the Board, all information indicating the
13 identity of any resident shall be removed and deleted. The
14 use of such records shall be restricted to members of the
15 Board, the Nursing Home Administrator Coordinator, and
16 appropriate staff of the Department for the purpose of
17 determining the existence of one or more grounds for
18 discipline of the nursing home administrator as provided for
19 by Section 17 of this Act. Any such review of individual
20 residents' records shall be conducted by the Board in strict
21 confidentiality, provided that such resident records shall be
22 admissible in a disciplinary hearing, before the Department
23 Board, when necessary to substantiate the grounds for
24 discipline alleged against the administrator licensed under
25 this Act, and provided further, that nothing herein shall be
26 deemed to supersede the provisions of Part 21 of Article VIII
27 of the "Code of Civil Procedure", as now or hereafter
28 amended, to the extent applicable.
29 The Director, the designated hearing officer, and any
30 member of the Board each have the power to administer oaths
31 at any hearing that which the Board or Department is
32 authorized by law to conduct and any other oaths authorized
33 in an Act administered by the Department.
34 (Source: P.A. 85-932.)
-116- LRB9003437DPpc
1 (225 ILCS 70/23) (from Ch. 111, par. 3673)
2 Sec. 23. Record of proceedings. Stenographer; transcript.
3 The Department, at its expense, shall provide a stenographer
4 to take down the testimony and preserve a record of all
5 proceedings at any formal the hearing of any case wherein a
6 license may be revoked, suspended, placed on probationary
7 status, or other disciplinary action taken with regard
8 thereto. The notice of hearing, complaint, and all other
9 documents in the nature of pleadings and written motions
10 filed in the proceedings, the transcript of testimony, the
11 report of the Board, and the orders of the Department shall
12 be constitute the record of the proceedings. The Department
13 shall furnish a transcript of the record to any person
14 interested in such hearing upon payment of the fee required
15 under Section 60f of the Civil Administrative Code of
16 Illinois.
17 (Source: P.A. 87-1031.)
18 (225 ILCS 70/24) (from Ch. 111, par. 3674)
19 Sec. 24. Motion for rehearing. The Board shall present
20 to the Director a written report of its findings and
21 recommendations. A copy of such report shall be served upon
22 the accused person, either personally or by registered or
23 certified mail. Within 20 30 days after such service, the
24 accused person may present to the Department a their motion,
25 in writing, for a rehearing, which written motion shall
26 specify the particular grounds for rehearing ground therefor.
27 If the accused person orders and pays for a transcript of the
28 record as provided in Section 23, the time elapsing
29 thereafter and before such transcript is ready for delivery
30 to them shall not be counted as part of such 30 days.
31 At the expiration of the time allowed for filing a motion
32 for rehearing, the Director may take the action recommended
33 by the Board. Upon the suspension, revocation, placement on
-117- LRB9003437DPpc
1 probationary status, or the taking of any other disciplinary
2 action, deemed proper by the Board, with regard to the
3 license, the accused shall surrender their license to the
4 Department, if ordered to do so by the Department, and upon
5 their failure or refusal so to do, the Department may seize
6 the same.
7 Each order of revocation, suspension, or other
8 disciplinary action shall contain a brief, concise statement
9 of the ground or grounds upon which the Department's action
10 is based, as well as the specific terms and conditions of
11 such action. This document shall be retained as a permanent
12 record by the Board and the Director.
13 The Department shall at least annually publish a list of
14 the names of all persons disciplined under this Act in the
15 preceding 12 months. Such lists shall be mailed by the
16 Department to any person in the State upon request.
17 In those instances where an order of revocation,
18 suspension, or other disciplinary action has been rendered by
19 virtue of a Nursing Home Administrator's physical illness,
20 including, but not limited to, deterioration through the
21 aging process, or loss of motor skill which results in an
22 inability to practice with reasonable judgment, skill, or
23 safety, the Department shall only permit this document, and
24 the record of the hearing incident thereto, to be observed,
25 inspected, viewed, or copied pursuant to court order.
26 (Source: P.A. 85-932.)
27 (225 ILCS 70/24.1 new)
28 Sec. 24.1. Surrender of license; record; list of
29 disciplinees. Upon the suspension, revocation, placement on
30 probationary status, or the taking of any other disciplinary
31 action deemed proper by the Board with regard to a license,
32 the accused shall surrender his or her license to the
33 Department, if ordered to do so by the Department, and upon
-118- LRB9003437DPpc
1 his or her failure or refusal to do so, the Department may
2 seize the license.
3 Each order of revocation, suspension, or other
4 disciplinary action shall contain a brief, concise statement
5 of the ground or grounds upon which the Department's action
6 is based, as well as the specific terms and conditions of
7 such action. This document shall be retained as a permanent
8 record by the Board and the Director.
9 The Department shall at least annually publish a list of
10 the names of all persons disciplined under this Act in the
11 preceding 12 months. Such lists shall be mailed by the
12 Department to any person in the State upon request.
13 In those instances where an order of revocation,
14 suspension, or other disciplinary action has been rendered by
15 virtue of a nursing home administrator's physical illness,
16 including but not limited to deterioration through the aging
17 process, or loss of motor skill that results in an inability
18 to practice with reasonable judgment, skill, or safety, the
19 Department shall only permit this document, and the record of
20 the hearing incident thereto, to be observed, inspected,
21 viewed, or copied pursuant to court order.
22 (225 ILCS 70/28) (from Ch. 111, par. 3678)
23 Sec. 28. Rehearing on order of Director. Whenever the
24 Director believes justice has not been done in the refusal to
25 issue or renew a license or revocation, suspension, or
26 discipline of a license, he or she may order a rehearing.
27 None of the disciplinary functions, powers and duties
28 enumerated in this Act shall be exercised by the Department
29 except upon the action and report in writing of the Board.
30 In all instances, under this Act, in which the Board has
31 rendered a recommendation to the Director with respect to a
32 particular administrator, the Director shall, in the event
33 that he or she disagrees with or takes action contrary to the
-119- LRB9003437DPpc
1 recommendation of the Board, file with the Board and the
2 Secretary of State his or her specific written reasons of
3 disagreement with the Board. Such reasons shall be filed
4 within 30 days of the occurrence of the Director's contrary
5 position having been taken.
6 The action and report in writing of a majority of the
7 Board designated is sufficient authority upon which the
8 Director may act.
9 Whenever the Director is satisfied that substantial
10 justice has not been done either in an examination, or in a
11 formal disciplinary action, or refusal to restore a license,
12 he or she may order a re-examination or re-hearing by the
13 same or other examiners.
14 (Source: P.A. 85-932.)
15 (225 ILCS 70/37 rep.)
16 Section 45. The Nursing Home Administrators Licensing and
17 Disciplinary Act is amended by repealing Section 37.
18 Section 50. The Physician Assistant Practice Act of 1987
19 is amended by changing Sections 6, 9, 10, 11, 14, 16, 17, 21,
20 22.1, 22.2, 22.5, 22.7, 22.11, 22.12, and 24 and by adding
21 Section 14.1 as follows:
22 (225 ILCS 95/6) (from Ch. 111, par. 4606)
23 Sec. 6. Title; billing. No physician assistant shall use
24 the title of doctor or associate with his or her name or any
25 other term that which would indicate to other persons that he
26 or she is qualified to engage in the general practice of
27 medicine. A physician assistant shall not be allowed to bill
28 patients or in any way to charge for services. Nothing in
29 this Act, however, shall be so construed as to prevent the
30 employer of a physician assistant from charging for services
31 rendered by the physician assistant. The supervising
-120- LRB9003437DPpc
1 physician shall file with the Department notice of
2 employment, discharge, or supervisory control of a physician
3 assistant at the time of employment, discharge, or assumption
4 of supervisory control of a physician assistant.
5 (Source: P.A. 85-981.)
6 (225 ILCS 95/9) (from Ch. 111, par. 4609)
7 Sec. 9. Application for licensure. Applications for
8 original licenses shall be made to the Department in writing
9 on forms prescribed by the Department and shall be
10 accompanied by the required fee, which shall not be
11 refundable. An Any such application shall require such
12 information that as in the judgment of the Department will
13 enable the Department to pass on the qualifications of the
14 applicant for a license. An Such application shall include
15 evidence of passage of the examination of the National
16 Commission on the Certification of Physician Assistants, or
17 its successor agency, and proof that the applicant holds a
18 valid certificate issued by that Commission.
19 Applicants have 3 years from the date of application to
20 complete the application process. If the process has not been
21 completed in 3 years, the application shall be denied, the
22 fee shall be forfeited, and the applicant must reapply and
23 meet the requirements in effect at the time of reapplication.
24 If an applicant fails to obtain registration under this
25 Act within 3 years after filing his application, the
26 application shall be denied. However, such applicant may make
27 a new application, accompanied by the required fee.
28 (Source: P.A. 86-596.)
29 (225 ILCS 95/10) (from Ch. 111, par. 4610)
30 Sec. 10. Identification. No person shall use the title or
31 perform the duties of "Physician assistant" unless he or she
32 is a qualified holder of a license issued by the Department
-121- LRB9003437DPpc
1 certificate as provided in this Act. A physician assistant
2 shall wear on his or her person a visible identification
3 indicating that he or she is certified as a physician
4 assistant while acting in the course of his or her duties.
5 (Source: P.A. 85-981.)
6 (225 ILCS 95/11) (from Ch. 111, par. 4611)
7 Sec. 11. Committee. There is established a physician
8 assistant advisory committee to the Medical Licensing Board.
9 The physician assistant advisory committee shall review and
10 make recommendations to the Board regarding all matters
11 relating to physician assistants. The physician assistant
12 advisory committee shall be composed of 7 members. Three of
13 the 7 members shall be physicians, 2 of whom shall be members
14 of the Board and appointed to the advisory committee by the
15 chairman. One physician, not a member of the Board, shall be
16 a supervisor of a certified physician assistant and shall be
17 approved by the Governor from a list of Illinois physicians
18 supervising certified physician assistants. Three members
19 shall be physician assistants, certified under the law and
20 appointed by the Governor from a list of 10 names recommended
21 by the Board of Directors of the Illinois Academy of
22 Physician Assistants. One member, not employed or having any
23 material interest in any health care field, shall be
24 appointed by the Governor and represent the public. The
25 chairman of the physician assistant advisory committee shall
26 be a member elected by a majority vote of the physician
27 assistant advisory committee unless already a member of the
28 Board. The physician assistant advisory committee is required
29 to meet and report to the Board quarterly and as physician
30 assistant issues arise. Initial appointment to the physician
31 assistant advisory committee shall be made within 90 days
32 after the effective date of this Section. The terms of office
33 of each of the original 7 members shall be at staggered
-122- LRB9003437DPpc
1 intervals. One physician and one physician assistant shall
2 serve for a 2 year term. One physician and one physician
3 assistant shall serve a 3 year term. One physician, one
4 physician assistant and the public member shall serve a 4
5 year term. Upon the expiration of the term of any member, his
6 successor shall be appointed for a term of 4 years in the
7 same manner as the initial appointment. No member shall serve
8 more than 2 consecutive terms.
9 The members of the physician assistant advisory committee
10 shall be reimbursed for all authorized legitimate and
11 necessary expenses incurred in attending the meetings of the
12 committee.
13 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
16 the right of a quorum to perform all of the duties of the
17 committee.
18 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
21 faith as a member of the committee.
22 (Source: P.A. 85-981.)
23 (225 ILCS 95/14) (from Ch. 111, par. 4614)
24 Sec. 14. Issuance of license.
25 (a) Upon the satisfactory completion of application and
26 examination procedures and compliance with the applicable
27 rules of the Department, the Department shall issue a
28 physician assistant license certificate to the qualifying
29 applicant who holds a certificate issued by the National
30 Commission on the Certification of Physician Assistants or
31 equivalent successor agency.
32 (b) Those Individuals who have successfully completed an
33 approved physician assistant program as determined by rules
-123- LRB9003437DPpc
1 of the Department, and who have made application to the
2 Department and submitted evidence to the Department of
3 admission to the certifying examination administered by the
4 National Commission on the Certification of Physician
5 Assistants, or its successor agency, shall be issued a
6 temporary license that certificate which shall allow the
7 applicant to practice until:
8 (1) he or she receives certification from the
9 National Commission on the Certification of Physician
10 Assistants or its successor agency; or
11 (2) fifteen months have elapsed, whichever comes
12 first.
13 Under no circumstances shall such applicant continue to
14 practice on the temporary license certificate after
15 notification that he or she has failed the examination. Such
16 authorization shall not be renewable.
17 (Source: P.A. 85-981.)
18 (225 ILCS 95/14.1 new)
19 Sec. 14.1. Fees.
20 (a) The Department shall provide by rule for a schedule
21 of fees to be paid for licenses by all applicants. All fees
22 are not refundable.
23 (b) Except as provided in subsection (c) below, the fees
24 for the administration and enforcement of this Act, including
25 but not limited to original licensure, renewal, and
26 restoration, shall be set by rule.
27 (c) All moneys collected under this Act by the
28 Department shall be deposited in the Illinois State Medical
29 Disciplinary Fund in the State Treasury and used (1) in the
30 exercise of its powers and performance of its duties under
31 this Act, as such use is made by the Department; (2) for
32 costs directly related to license renewal of persons licensed
33 under this Act; (3) for the costs incurred by the physician
-124- LRB9003437DPpc
1 assistant advisory committee in the exercise of its powers
2 and performance of its duties under this Act, as such use is
3 made by the Department; and (4) for direct and allocable
4 indirect costs related to the public purposes of the
5 Department of Professional Regulation.
6 All earnings received from investment of moneys in the
7 Illinois State Medical Disciplinary Fund shall be deposited
8 into the Illinois State Medical Disciplinary Fund and shall
9 be used for the same purposes as fees deposited in the Fund.
10 (225 ILCS 95/16) (from Ch. 111, par. 4616)
11 Sec. 16. Expiration; renewal. The expiration date and
12 renewal period for each license issued under this Act shall
13 be set by rule. Renewal shall be conditioned on paying the
14 required fee and by meeting such other requirements as may be
15 established by rule.
16 Any physician assistant who has permitted his or her
17 license to expire or who has had his or her license on
18 inactive status may have the his license restored by making
19 application to the Department and filing proof acceptable to
20 the Department of his or her fitness to have the his license
21 restored, and by paying the required fees. Such Proof of
22 fitness may include sworn evidence certifying to active
23 lawful practice in another jurisdiction.
24 If the physician assistant has not maintained an active
25 practice in another jurisdiction satisfactory to the
26 Department, the Department shall determine, by an evaluation
27 program established by rule, his or her fitness for
28 restoration of the his license and shall establish procedures
29 and requirements for such restoration.
30 However, any physician assistant whose license expired
31 while he or she was (1) in federal service on active duty
32 with the Armed Forces of the United States, or the State
33 Militia called into service or training, or (2) in training
-125- LRB9003437DPpc
1 or education under the supervision of the United States
2 preliminary to induction into the military service, may have
3 the his license restored without paying any lapsed renewal
4 fees if within 2 years after honorable termination of such
5 service, training, or education he or she furnishes the
6 Department with satisfactory evidence to the effect that he
7 or she has been so engaged and that his or her service,
8 training, or education has been so terminated.
9 (Source: P.A. 85-981.)
10 (225 ILCS 95/17) (from Ch. 111, par. 4617)
11 Sec. 17. Inactive status. Any physician assistant who
12 notified the Department in writing on forms prescribed by the
13 Department, may elect to place his or her license on an
14 inactive status and shall, subject to rules of the
15 Department, be excused from payment of renewal fees until he
16 or she notifies the Department in writing of his or her
17 intention to restore the his license.
18 Any physician assistant requesting restoration from
19 inactive status shall be required to pay the current renewal
20 fee and shall be required to restore his or her license, as
21 provided in Section 16 of this Act.
22 Any physician assistant whose license is in an inactive
23 status shall not practice in the State of Illinois.
24 Any licensee who shall engage in practice while his or
25 her license is lapsed or on inactive status shall be
26 considered to be practicing without a license, which shall be
27 grounds for discipline under Section 21 of this Act.
28 (Source: P.A. 85-981.)
29 (225 ILCS 95/21) (from Ch. 111, par. 4621)
30 Sec. 21. Grounds for disciplinary action.
31 (a) The Department may refuse to issue or to renew, or
32 may revoke, suspend, place on probation, censure or
-126- LRB9003437DPpc
1 reprimand, or take other disciplinary action with regard to
2 any license issued under this Act as the Department may deem
3 proper, including the issuance of fines not to exceed $5000
4 for each violation, for any one or combination of the
5 following causes:
6 (1) 1. Material misstatement in furnishing
7 information to the Department.;
8 (2) 2. Violations of this Act, or the rules adopted
9 under this Act promulgated hereunder.;
10 (3) 3. Conviction of any crime under the laws of
11 any U.S. jurisdiction that thereof which is a felony or
12 that which is a misdemeanor, an essential element of
13 which is dishonesty, or of any crime which is directly
14 related to the practice of the profession.;
15 (4) 4. Making any misrepresentation for the purpose
16 of obtaining licenses;.
17 (5) 5. Professional incompetence.;
18 (6) 6. Aiding or assisting another person in
19 violating any provision of this Act or its rules.;
20 (7) 7. Failing, within 60 days, to provide
21 information in response to a written request made by the
22 Department.;
23 (8) 8. Engaging in dishonorable, unethical, or
24 unprofessional conduct, as defined by rule, of a
25 character likely to deceive, defraud, or harm the
26 public.;
27 (9) 9. Habitual or excessive use or addiction to
28 alcohol, narcotics, stimulants, or any other chemical
29 agent or drug that which results in a physician
30 assistant's assistants' inability to practice with
31 reasonable judgment, skill, or safety.;
32 (10) 10. Discipline by another U.S. jurisdiction or
33 foreign nation, if at least one of the grounds for a
34 discipline is the same or substantially equivalent to
-127- LRB9003437DPpc
1 those set forth in this Section herein;
2 (11) 11. Directly or indirectly giving to or
3 receiving from any person, firm, corporation,
4 partnership, or association any fee, commission, rebate
5 or other form of compensation for any professional
6 services not actually or personally rendered.;
7 (12) 12. A finding by the Disciplinary Board that
8 the licensee, after having his or her license placed on
9 probationary status has violated the terms of probation.;
10 (13) 13. Abandonment of a patient.;
11 (14) 14. Willfully making or filing false records
12 or reports in his or her practice, including but not
13 limited to false records filed with state agencies or
14 departments.;
15 (15) 15. Willfully failing to report an instance of
16 suspected child abuse or neglect as required by the
17 Abused and Neglected Child Reporting Act.;
18 (16) 16. Physical illness, including but not
19 limited to, deterioration through the aging process, or
20 loss of motor skill, mental illness, or disability that
21 which results in the inability to practice the profession
22 with reasonable judgment, skill or safety.;
23 (17) 17. Being named as a perpetrator in an
24 indicated report by the Department of Children and Family
25 Services under the Abused and Neglected Child Reporting
26 Act, and upon proof by clear and convincing evidence that
27 the licensee has caused a child to be an abused child or
28 neglected child as defined in the Abused and Neglected
29 Child Reporting Act.;
30 (18) 18. Conviction in this State or another state
31 of any crime that which is a felony under the laws of
32 this State, or conviction of a felony in a federal
33 court.;
34 (19) 19. Gross malpractice resulting in permanent
-128- LRB9003437DPpc
1 injury or death of a patient.;
2 (20) 20. Employment of fraud, deception, or any
3 unlawful means in applying for or securing a license as a
4 physician assistant.;
5 (21) 21. Exceeding the authority delegated to him
6 or her by his or her supervising physician in guidelines
7 established by the physician/physician assistant team.;
8 (22) 22. Immoral conduct in the commission of any
9 act, such as sexual abuse, sexual misconduct or sexual
10 exploitation, related to the licensee's practice;
11 (23) 23. Violation of the Health Care Worker
12 Self-Referral Act.
13 (b) The Department may refuse to issue or may suspend
14 the license of any person who fails to file a return, or to
15 pay the tax, penalty or interest shown in a filed return, or
16 to pay any final assessment of the tax, penalty, or interest
17 as required by any tax Act administered by the Illinois
18 Department of Revenue, until such time as the requirements of
19 any such tax Act are satisfied.
20 (c) The determination by a circuit court that a licensee
21 is subject to involuntary admission or judicial admission as
22 provided in the Mental Health and Developmental Disabilities
23 Code operates as an automatic suspension. The Such suspension
24 will end only upon a finding by a court that the patient is
25 no longer subject to involuntary admission or judicial
26 admission and issues an order so finding and discharging the
27 patient,; and upon the recommendation of the Disciplinary
28 Board to the Director that the licensee be allowed to resume
29 his or her practice.
30 (d) In enforcing this Section, the Department upon a
31 showing of a possible violation may compel an individual
32 licensed to practice under this Act, or who has applied for
33 licensure under this Act, to submit to a mental or physical
34 examination, or both, as required by and at the expense of
-129- LRB9003437DPpc
1 the Department. The Department may order the examining
2 physician to present testimony concerning the mental or
3 physical examination of the licensee or applicant. No
4 information shall be excluded by reason of any common law or
5 statutory privilege relating to communications between the
6 licensee or applicant and the examining physician. The
7 examining physicians shall be specifically designated by the
8 Department. The individual to be examined may have, at his or
9 her own expense, another physician of his or her choice
10 present during all aspects of this examination. Failure of
11 an individual to submit to a mental or physical examination,
12 when directed, shall be grounds for suspension of his or her
13 license until the individual submits to the examination if
14 the Department finds, after notice and hearing, that the
15 refusal to submit to the examination was without reasonable
16 cause.
17 If the Department finds an individual unable to practice
18 because of the reasons set forth in this Section, the
19 Department may require that individual to submit to care,
20 counseling, or treatment by physicians approved or designated
21 by the Department, as a condition, term, or restriction for
22 continued, reinstated, or renewed licensure to practice; or,
23 in lieu of care, counseling, or treatment, the Department may
24 file a complaint to immediately suspend, revoke, or otherwise
25 discipline the license of the individual. An individual whose
26 license was granted, continued, reinstated, renewed,
27 disciplined, or supervised subject to such terms, conditions,
28 or restrictions, and who fails to comply with such terms,
29 conditions, or restrictions, shall be referred to the
30 Director for a determination as to whether the individual
31 shall have his or her license suspended immediately, pending
32 a hearing by the Department.
33 In instances in which the Director immediately suspends a
34 person's license under this Section, a hearing on that
-130- LRB9003437DPpc
1 person's license must be convened by the Department within 15
2 days after the suspension and completed without appreciable
3 delay. The Department shall have the authority to review the
4 subject individual's record of treatment and counseling
5 regarding the impairment to the extent permitted by
6 applicable federal statutes and regulations safeguarding the
7 confidentiality of medical records.
8 An individual licensed under this Act and affected under
9 this Section shall be afforded an opportunity to demonstrate
10 to the Department that he or she can resume practice in
11 compliance with acceptable and prevailing standards under the
12 provisions of his or her license.
13 (Source: P.A. 87-1207.)
14 (225 ILCS 95/22.1) (from Ch. 111, par. 4622.1)
15 Sec. 22.1. Injunction.
16 (a) If any person violates the provision of this Act,
17 the Director may, in the name of the People of the State of
18 Illinois, through the Attorney General of the State of
19 Illinois, or the State's Attorney of any county in which the
20 action is brought, petition, for an order enjoining the such
21 violation or for an order enforcing compliance with this Act.
22 Upon the filing of a verified petition in court, the court
23 may issue a temporary restraining order, without notice or
24 bond, and may preliminarily and permanently enjoin such
25 violation, and if it is established that such person has
26 violated or is violating the injunction, the Court may punish
27 the offender for contempt of court. Proceedings under this
28 Section shall be in addition to, and not in lieu of, all
29 other remedies and penalties provided by this Act.
30 (b) If any person shall practice as a physician
31 assistant or hold himself or herself out as a physician
32 assistant without being licensed under the provisions of this
33 Act, then any licensed physician assistant, any interested
-131- LRB9003437DPpc
1 party or any person injured thereby may, in addition to the
2 Director, petition for relief as provided in subsection (a)
3 of this Section.
4 (c) Whenever in the opinion of the Department any person
5 violates any provision of this Act, the Department may issue
6 a rule to show cause why an order to cease and desist should
7 not be entered against him. The rule shall clearly set forth
8 the grounds relied upon by the Department and shall provide a
9 period of 7 days from the date of the rule to file an answer
10 to the satisfaction of the Department. Failure to answer to
11 the satisfaction of the Department shall cause an order to
12 cease and desist to be issued forthwith.
13 (Source: P.A. 85-981.)
14 (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
15 Sec. 22.2. Investigation; notice; hearing. The Department
16 may investigate the actions of any applicant or of any person
17 or persons holding or claiming to hold a license. The
18 Department shall, before suspending, revoking, placing on
19 probationary status, or taking any other disciplinary action
20 as the Department may deem proper with regard to any license
21 or certificate, at least 30 days prior to the date set for
22 the hearing, notify the applicant or licensee accused in
23 writing of any charges made and the time and place for a
24 hearing of the charges before the Disciplinary Board, direct
25 him or her to file his or her written answer thereto to the
26 Disciplinary Board under oath within 20 days after the
27 service on him or her of such notice and inform him or her
28 that if he or she fails to file such answer default will be
29 taken against him or her and his or her license or
30 certificate may be suspended, revoked, placed on probationary
31 status, or have other disciplinary action, including limiting
32 the scope, nature or extent of his or her practice, as the
33 Department may deem proper taken with regard thereto. Such
-132- LRB9003437DPpc
1 written notice may be served by personal delivery or
2 certified or registered mail at the last address of his or
3 her last notification to the Department. At the time and
4 place fixed in the notice, the Department shall proceed to
5 hear the charges and the parties or their counsel shall be
6 accorded ample opportunity to present such statements,
7 testimony, evidence, and argument as may be pertinent to the
8 charges or to the defense thereto. The Department may
9 continue such hearing from time to time. In case the
10 applicant or licensee accused person, after receiving notice,
11 fails to file an answer, his or her license or certificate
12 may in the discretion of the Director, having received first
13 the recommendation of the Disciplinary Board, be suspended,
14 revoked, placed on probationary status, or the Director may
15 take whatever disciplinary action as he or she may deem
16 proper, including limiting the scope, nature, or extent of
17 such person's practice, without a hearing, if the act or acts
18 charged constitute sufficient grounds for such action under
19 this Act.
20 (Source: P.A. 85-981.)
21 (225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
22 Sec. 22.5. Subpoena power; oaths. The Department shall
23 have power to subpoena and bring before it any person in this
24 State and to take testimony either orally or by deposition or
25 both, with the same fees and mileage and in the same manner
26 as prescribed by law in judicial proceedings in civil cases
27 in circuit courts of this State.
28 The Director, the designated hearing officer, and any
29 member of the Disciplinary Board designated by the Director
30 shall each have power to administer oaths to witnesses at any
31 hearing which the Department is authorized to conduct under
32 this Act, and any other oaths required or authorized to be
33 administered by the Department under this Act hereunder.
-133- LRB9003437DPpc
1 (Source: P.A. 85-981.)
2 (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
3 Sec. 22.7. Hearing officer. Notwithstanding the
4 provisions of Section 22.2 of this Act, the Director shall
5 have the authority to appoint any attorney duly licensed to
6 practice law in the State of Illinois to serve as the hearing
7 officer in any action for refusal to issue or, renew, or for
8 discipline of, a license or certificate. The Director shall
9 notify the Disciplinary Board of any such appointment. The
10 hearing officer shall have full authority to conduct the
11 hearing. The hearing officer shall report his or her
12 findings of fact, conclusions of law, and recommendations to
13 the Disciplinary Board and the Director. The Disciplinary
14 Board shall have 60 days from receipt of the report to review
15 the report of the hearing officer and present their findings
16 of fact, conclusions of law, and recommendations to the
17 Director. If the Disciplinary Board fails to present its
18 report within the 60 day period, the Director shall issue an
19 order based on the report of the hearing officer. If the
20 Director disagrees in any regard with the report of the
21 Disciplinary Board or hearing officer, he or she may issue an
22 order in contravention thereof. The Director shall provide a
23 written explanation to the Disciplinary Board on any such
24 deviation, and shall specify with particularity the reasons
25 for such action in the final order.
26 (Source: P.A. 85-981.)
27 (225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
28 Sec. 22.11. Restoration of license. At any time after the
29 suspension or revocation of any license the Department may
30 restore it to the licensee accused person, unless after an
31 investigation and a hearing, the Department determines that
32 restoration is not in the public interest. Where
-134- LRB9003437DPpc
1 circumstances of suspension or revocation so indicate, the
2 Department may require an examination of the licensee prior
3 to restoring his or her license.
4 (Source: P.A. 85-981.)
5 (225 ILCS 95/22.12) (from Ch. 111, par. 4622.12)
6 Sec. 22.12. Surrender of license. Upon the revocation or
7 suspension of any license, the licensee shall immediately
8 forthwith surrender the license to the Department. and If the
9 licensee fails to do so, the Department shall have the right
10 to seize the license.
11 (Source: P.A. 85-981.)
12 (225 ILCS 95/24) (from Ch. 111, par. 4624)
13 Sec. 24. Pending actions. All licenses in effect on
14 December 31, 1987 and issued pursuant to the "Physician's
15 Assistants Practice Act", approved September 11, 1975, as
16 amended, are reinstated for the balance of the term for which
17 last issued. All rules and regulations in effect on December
18 31, 1987 and promulgated pursuant to the "Physician's
19 Assistants Practice Act", approved September 11, 1975, as
20 amended, shall remain in full force and effect on the
21 effective date of this Act without being promulgated again by
22 the Department, except to the extent any such rule or
23 regulation is inconsistent with any provision of this Act.
24 All disciplinary actions taken or pending pursuant to the
25 "Physician's Assistants Practice Act", approved September 11,
26 1975, as amended, shall, for the actions taken, remain in
27 effect, and for the actions pending, shall be continued, on
28 the effective date of this Act without having separate
29 actions filed by the Department.
30 (Source: P.A. 85-981.)
31 (225 ILCS 95/18 rep.)
-135- LRB9003437DPpc
1 Section 55. The Physician Assistant Practice Act of 1987
2 is amended by repealing Section 18.
3 Section 60. The Illinois Speech-Language Pathology and
4 Audiology Practice Act is amended by changing Sections 3, 5,
5 7, 8, 11, 13, 14, 16, 17, 18, 21, 22, 28, 30, and 33 and by
6 adding Sections 3.5, 9.5, 16.5, 28.5, and 29.5 as follows:
7 (225 ILCS 110/3) (from Ch. 111, par. 7903)
8 Sec. 3. Definitions. The following words and phrases
9 shall have the meaning ascribed to them in this Section
10 unless the context clearly indicates otherwise:
11 (a) "Department" means the Illinois Department of
12 Professional Regulation.
13 (b) "Director" means the Director of the Department
14 of Professional Regulation.
15 (c) "Board" means the Board of Speech-Language
16 Pathology and Audiology established under Section 5 of
17 this Act.
18 (d) "Speech-Language pathologist" means a person
19 who has received a license pursuant to Section 9 of this
20 Act and who engages in the practice of speech-language
21 pathology, as defined herein.
22 (e) "Audiologist" means a person who has received a
23 license pursuant to Section 9 of this Act and who engages
24 in the practice of audiology, as defined herein.
25 (f) "Public member" means a person who is not a
26 health professional. For purposes of board membership,
27 any person with a significant financial interest in a
28 health service or profession is not a public member.
29 (g) "The practice of audiology" is the application
30 of nonmedical methods and procedures for the
31 identification, measurement, testing, appraisal,
32 prediction, habilitation, rehabilitation, or instruction
-136- LRB9003437DPpc
1 related to hearing and disorders of hearing. These
2 procedures are for the purpose of counseling, consulting
3 and rendering or offering to render services or for
4 participating in the planning, directing or conducting of
5 programs that which are designed to modify communicative
6 disorders involving speech, language or auditory function
7 related to hearing loss. The practice of audiology may
8 include, but shall not be limited to, the following:
9 (1) any task, procedure, act, or practice that
10 is necessary for the evaluation of hearing or
11 vestibular function;
12 (2) training in the use of amplification,
13 including hearing aids;
14 (3) performing basic speech and language
15 screening tests and procedures consistent with
16 audiology training.
17 (h) "The practice of speech-language pathology" is
18 the application of nonmedical methods and procedures for
19 the identification, measurement, testing, appraisal,
20 prediction, habilitation, rehabilitation, and
21 modification related to communication development, and
22 disorders or disabilities of speech, language, voice,
23 swallowing, and other speech, language and voice related
24 disorders. These procedures are for the purpose of
25 counseling, consulting and rendering or offering to
26 render services, or for participating in the planning,
27 directing or conducting of programs which are designed to
28 modify communicative disorders and conditions in
29 individuals or groups of individuals involving speech,
30 language, voice and swallowing function.
31 The practice of speech-language pathology shall
32 include:
33 (1) hearing screening tests and aural
34 rehabilitation procedures consistent with
-137- LRB9003437DPpc
1 speech-language pathology training;
2 (2) tasks, procedures, acts or practices that
3 are necessary for the evaluation of, and training in
4 the use of, augmentative communication systems,
5 communication variation, cognitive rehabilitation,
6 non-spoken language production and comprehension.
7 (Source: P.A. 85-1391.)
8 (225 ILCS 110/3.5 new)
9 Sec. 3.5. Exemptions. This Act does not prohibit:
10 (a) The practice of speech-language pathology or
11 audiology by students in their course of study in
12 programs approved by the Department when acting under the
13 direction and supervision of licensed speech-language
14 pathologists or audiologists.
15 (b) The performance of any speech-language
16 pathology or audiology service by an appropriately
17 trained person if such service is performed under the
18 supervision and full responsibility of a licensed
19 speech-language pathologist or audiologist.
20 (c) The performance of audiometric testing for the
21 purpose of industrial hearing conservation by an
22 audiometric technician certified by the Council of
23 Accreditation for Occupational Hearing Conservation
24 (CAOHC).
25 (d) The performance of an audiometric screening by
26 an audiometric screenings technician certified by the
27 Department of Public Health.
28 (e) The selling or practice of fitting, dispensing,
29 or servicing hearing instruments by a hearing aid
30 dispenser licensed under the Hearing Instrument Consumer
31 Protection Act.
32 (f) The performance of vestibular function testing
33 by an appropriately trained person under the supervision
-138- LRB9003437DPpc
1 of a physician licensed to practice medicine in all its
2 branches.
3 (g) A person licensed in this State under any other
4 Act from engaging in the practice for which he or she is
5 licensed.
6 (225 ILCS 110/5) (from Ch. 111, par. 7905)
7 Sec. 5. Board of Speech-Language Pathology and
8 Audiology. There is created a Board of Speech-Language
9 Pathology and Audiology to be composed of persons designated
10 from time to time by the Director, as follows:
11 (a) Five persons, 2 of whom have been licensed
12 speech-language pathologists for a period of 5 years or
13 more, 2 of whom have been licensed audiologists for a
14 period of 5 years or more, and one public member. The
15 board shall annually elect a chairperson chairman and a
16 vice-chairperson.
17 (b) Terms for all members shall be for 3 years. For
18 initial appointments, one member shall be appointed to
19 serve for one year, 2 shall be appointed to serve for 2
20 years, and the remaining shall be appointed to serve for
21 3 years and until their successors are appointed and
22 qualify. Initial terms shall begin on the effective date
23 of this Act. Partial terms over 2 years in length shall
24 be considered as full terms. A member may be reappointed
25 for a successive term, but no member shall serve more
26 than 2 full terms.
27 (c) The membership of the Board should reasonably
28 reflect representation from the various geographic areas
29 of the State.
30 (d) In making appointments to the Board, the
31 Director shall give due consideration to recommendations
32 by organizations of the speech-language pathology and
33 audiology professions in Illinois, including the Illinois
-139- LRB9003437DPpc
1 Speech-Language-Hearing Association, and shall promptly
2 give due notice to such organizations of any vacancy in
3 the membership of the Board. The Director may terminate
4 the appointment of any member for any cause, which in the
5 opinion of the Director, reasonably justifies such
6 termination.
7 (e) A majority of the Board members currently
8 appointed shall constitute a quorum. A vacancy in the
9 membership of the Board shall not impair the right of a
10 quorum to exercise all the rights and perform all the
11 duties of the Board.
12 (f) The members of the Board shall each receive as
13 compensation a reasonable sum as determined by the
14 Director for each day actually engaged in the duties of
15 the office, and all legitimate and necessary expenses
16 incurred in attending the meetings of the Board.
17 (g) Members of the Board shall be immune from suit
18 in any action based upon any disciplinary proceedings or
19 other activities performed in good faith as members of
20 the Board.
21 (h) The Director may consider the recommendations
22 of the Board in establishing guidelines for professional
23 conduct, the conduct of formal disciplinary proceedings
24 brought under this Act, and qualifications of applicants.
25 Notice of proposed rulemaking shall be transmitted to the
26 Board and the Department shall review the response of the
27 Board and any recommendations made in the response. The
28 Department, at any time, may seek the expert advice and
29 knowledge of the Board on any matter relating to the
30 administration or enforcement of this Act.
31 (i) Whenever the Director is satisfied that
32 substantial justice has not been done either in an
33 examination or in the revocation, suspension, or refusal
34 of a license, or other disciplinary action relating to a
-140- LRB9003437DPpc
1 license, the Director may order a reexamination or
2 rehearing.
3 (Source: P.A. 85-1391.)
4 (225 ILCS 110/7) (from Ch. 111, par. 7907)
5 Sec. 7. Licensure requirement. Necessity for Licensure of
6 Speech-Language Pathologists and Audiologists and
7 Applications for Licenses. (a) On or after June 1, 1989, no
8 person shall practice speech-language pathology or audiology
9 without first applying for and obtaining a license for such
10 purpose from the Department.
11 (b) Applications must be accompanied by the required
12 fee.
13 (c) If an applicant neglects, fails, refuses to take or
14 fails to pass an examination for licensure under this Act
15 within 3 years after filing his application, the fee paid by
16 the applicant shall be forfeited and the application denied.
17 However, such applicant may thereafter make a new application
18 for examination, accompanied by the required fee and provide
19 evidence of meeting the requirements in force at the time of
20 the new application. In the event an applicant has passed
21 part of an examination administered during the 3 year period,
22 but has failed to pass the examination in its entirety, said
23 individual's partial scores shall be void, and he shall be
24 required to retake all portions of the examination within a
25 successive 3 year period.
26 (d) In lieu of the examination given to other applicants
27 for licensure, the Director may issue a license to an
28 individual who presents proof to the Director that he was
29 actively engaged in the practice of audiology or
30 speech-language pathology, or both, prior to June 1, 1989,
31 and who has practiced such profession in this State for 2 of
32 the last 4 years immediately preceding the enactment of this
33 Act. The Director may issue a license under this subsection
-141- LRB9003437DPpc
1 (d) to an individual who has actively practiced the
2 profession for at least 4 years, but who does not meet the
3 requirement of practicing 2 of the last 4 years. In
4 addition, such individual shall demonstrate evidence of
5 receiving one of the following: (1) a master's degree or its
6 equivalent in speech-language pathology or audiology, and
7 meeting the certification standards of the American
8 Speech-Language-Hearing Association (ASHA), or (2) a valid
9 Type 10-Speech and Language Impaired Certificate or its
10 equivalent from the Illinois State Board of Education. The
11 application for a license without examination shall be made
12 to the Director within one year of the enactment date of this
13 Act. Prior to the licensure of an individual under this
14 Section, the Director may require that the applicant
15 demonstrate satisfactory knowledge of current developments
16 and procedures in his area of specialization.
17 (Source: P.A. 85-1391.)
18 (225 ILCS 110/8) (from Ch. 111, par. 7908)
19 Sec. 8. Qualifications of Applicants for Speech-Language
20 Pathology and Audiology licenses. The Department shall
21 require that each applicant for a license to practice shall:
22 (a) (Blank);
23 (b) Be at least 21 years of age;
24 (c) Not have violated any provisions of Section 16
25 of this Act;
26 (d) Present satisfactory evidence of receiving a
27 master's degree in speech-language pathology or audiology
28 from a program approved by the Department. Nothing in
29 this Act shall be construed to prevent any program from
30 establishing higher standards than specified in this Act;
31 (e) Pass an examination authorized by the
32 Department in the theory and practice of the profession,
33 provided that the Department may recognize a certificate
-142- LRB9003437DPpc
1 granted by the American Speech-Language-Hearing
2 Association in lieu of such examination; and
3 (f) Have completed the equivalent of 9 months of
4 full-time, supervised professional experience.
5 Applicants have 3 years from the date of application to
6 complete the application process. If the process has not been
7 completed within 3 years, the application shall be denied,
8 the fee shall be forfeited, and the applicant must reapply
9 and meet the requirements in effect at the time of
10 reapplication.
11 (Source: P.A. 89-387, eff. 8-20-95.)
12 (225 ILCS 110/9.5 new)
13 Sec. 9.5. Practice by corporations. No license shall be
14 issued by the Department to any corporation, the stated
15 purpose of which includes or that practices or holds itself
16 out as available to practice speech-language pathology or
17 audiology, unless it is organized under the provisions of the
18 Professional Service Corporation Act.
19 (225 ILCS 110/11) (from Ch. 111, par. 7911)
20 Sec. 11. Expiration, renewal and restoration of
21 licenses.
22 (a) The expiration date and renewal period for each
23 license issued under this Act shall be set by rule. A
24 speech-language pathologist or audiologist may renew such
25 license during the month preceding the expiration date
26 thereof by paying the required fee.
27 (b) Inactive status.
28 (1) Any licensee who notifies the Department in
29 writing on forms prescribed by the Department, may elect
30 to place his or her license on an inactive status and
31 shall, subject to rules of the Department, be excused
32 from payment of renewal fees until he or she notifies the
-143- LRB9003437DPpc
1 Department in writing of his or her desire to resume
2 active status.;
3 (2) Any licensee requesting restoration from
4 inactive status shall be required to pay the current
5 renewal fee and shall be required to restore his or her
6 license.;
7 (3) Any licensee whose license is in an inactive
8 status shall not practice in the State of Illinois.; and
9 (4) Any licensee who shall engage in the practice
10 while the license is lapsed or inactive shall be
11 considered to be practicing without a license which shall
12 be grounds for discipline under Section 16 of this Act.
13 (c) Any speech-language pathologist or audiologist whose
14 license has expired may have his or her license restored at
15 any time within 5 years after the expiration thereof, upon
16 payment of the required fee.
17 (d) Any person whose license has been expired for more
18 than 5 years or more may have his or her license restored by
19 making application to the Department and filing proof
20 acceptable to the Department of his or her fitness to have
21 his or her license restored, including sworn evidence
22 certifying to active lawful practice in another jurisdiction,
23 and by paying the required restoration fee. A person
24 practicing on an expired license is deemed to be practicing
25 without a license.
26 (e) If a person whose license has expired has not
27 maintained active practice in another jurisdiction, the
28 Department shall determine, by an evaluation process
29 established by rule, his or her fitness to resume active
30 status and may require the person to complete a period of
31 evaluated clinical experience, and may require successful
32 completion of an examination.
33 (f) Any person whose license has expired while he or she
34 has been engaged (1) in federal or State service on active
-144- LRB9003437DPpc
1 duty, or (2) in training or education under the supervision
2 of the United States preliminary to induction into the
3 military service, may have his or her license restored
4 without paying any lapsed renewal or restoration fee, if
5 within 2 years after termination of such service, training or
6 education he or she furnishes the Department with
7 satisfactory proof that he or she has been so engaged and
8 that his or her service, training or education has been so
9 terminated.
10 (Source: P.A. 85-1391.)
11 (225 ILCS 110/13) (from Ch. 111, par. 7913)
12 Sec. 13. Licensing applicants from other States.
13 Upon payment of the required fee, an applicant who is a
14 speech-language pathologist or audiologist licensed under the
15 laws of another state or territory of the United States,
16 shall, without examination be granted a license as a
17 speech-language pathologist or audiologist by the Department:
18 (a) whenever the requirements of such state or territory
19 of the United States were at the date of licensure
20 substantially equal to the requirements then in force in this
21 State; or
22 (b) whenever such requirements of another state or
23 territory of the United States together with educational and
24 professional qualifications, as distinguished from practical
25 experience, of the applicant since obtaining a license as
26 speech-language pathologist or audiologist in such state or
27 territory of the United States are substantially equal to the
28 requirements in force in Illinois at the time of application
29 for licensure as a speech-language pathologist or
30 audiologist.
31 Applicants have 3 years from the date of application to
32 complete the application process. If the process has not been
33 completed within 3 years, the application shall be denied,
-145- LRB9003437DPpc
1 the fee shall be forfeited, and the applicant must reapply
2 and meet the requirements in effect at the time of
3 reapplication.
4 (Source: P.A. 85-1391.)
5 (225 ILCS 110/14) (from Ch. 111, par. 7914)
6 Sec. 14. Fees.
7 (a) The Department shall provide by rule for a schedule
8 of fees to be paid for licenses by all applicants.
9 (b) Except as provided in subsection (c) below, the fees
10 for the administration and enforcement of this Act, including
11 but not limited to original licensure, renewal, and
12 restoration, shall be set by rule and shall be nonrefundable.
13 (c) Applicants for examination shall be required to pay,
14 either to the Department or the designated testing service, a
15 fee covering the cost of initial screening to determine
16 eligibility and to provide the examination. Failure to appear
17 for the examination on the scheduled date at the time and
18 place specified, after the application for examination has
19 been received and acknowledged by the Department or the
20 designated testing service, shall result in the forfeiture of
21 the examination fee.
22 (a) The following fees are non-refundable:
23 1. Application for initial license pursuant to
24 examination: $90.
25 2. Application for licensure for a person licensed as a
26 speech-language pathologist or audiologist under the laws of
27 another State or territory of the United States: $100.
28 3. Application for renewal of a license: $50 per year.
29 4. (i) Application for restoration of a license, other
30 than from inactive status: $10 plus payment of all lapsed
31 renewal fees.
32 (ii) Application for restoration from inactive status:
33 $10 plus current renewal fees.
-146- LRB9003437DPpc
1 5. Issuance of a duplicate certificate of licensure,
2 issuance of a replacement certificate for a certificate which
3 has been lost or destroyed or issuance of a certificate with
4 a change of name or address other than during the renewal
5 period: $20. No fee is required for name and address changes
6 on Department records when no duplicate certificate is
7 issued.
8 6. Application for a certification of a licensee's
9 record for any purpose: $20.
10 7. Application for rescoring of an examination: cost to
11 the Department of rescoring the examination, plus any fees
12 charged by the applicable testing service to have the
13 examination rescored.
14 (b) Applicants for any examination shall be required to
15 pay, either to the Department or to the designated testing
16 service, a fee covering the cost of initial screening to
17 determine eligibility and providing the examination.
18 (c) The fee for a wall certificate shall be the actual
19 cost of producing such certificate.
20 (d) The fee for a roster of persons licensed as
21 speech-language pathologists or audiologists in this State
22 shall be the actual cost of producing such a roster.
23 (Source: P.A. 85-1391.)
24 (225 ILCS 110/16) (from Ch. 111, par. 7916)
25 Sec. 16. Refusal, revocation or suspension of
26 Speech-Language Pathology or Audiology licenses.
27 (1) The Department may refuse to issue or renew, or may
28 revoke, suspend, place on probation, censure, reprimand or
29 take other disciplinary action as the Department may deem
30 proper, including fines not to exceed $5,000 for each
31 violation, with regard to any license or certificate for any
32 one or combination of the following causes:
33 (a) Fraud in procuring the license.
-147- LRB9003437DPpc
1 (b) Habitual intoxication or addiction to the use
2 of drugs.
3 (c) Willful or repeated violations of the rules of
4 the Department of Public Health.
5 (d) Division of fees or agreeing to split or divide
6 the fees received for speech-language pathology or
7 audiology services with any person for referring an
8 individual, or assisting in the care or treatment of an
9 individual, without the knowledge of the individual or
10 his or her legal representative.
11 (e) Employing, procuring, inducing, aiding or
12 abetting a person not licensed as a speech-language
13 pathologist or audiologist to engage in the unauthorized
14 practice of speech-language pathology or audiology.
15 (f) Making any misrepresentations or false
16 promises, directly or indirectly, to influence, persuade
17 or induce patronage.
18 (g) Professional connection or association with, or
19 lending his or her name to another for the illegal
20 practice of speech-language pathology or audiology by
21 another, or professional connection or association with
22 any person, firm or corporation holding itself out in any
23 manner contrary to this Act.
24 (h) Obtaining or seeking to obtain checks, money,
25 or any other things of value by false or fraudulent
26 representations, including but not limited to, engaging
27 in such fraudulent practice to defraud the medical
28 assistance program of the Department of Public Aid.
29 (i) Practicing under a name other than his or her
30 own.
31 (j) Improper, unprofessional or dishonorable
32 conduct of a character likely to deceive, defraud or harm
33 the public.
34 (k) Conviction in this or another state of any
-148- LRB9003437DPpc
1 crime which is a felony under the laws of this State or
2 conviction of a felony in a federal court, if the
3 Department determines, after investigation, that such
4 person has not been sufficiently rehabilitated to warrant
5 the public trust.
6 (1) Permitting a person under his or her
7 supervision to perform any function not authorized by
8 this Act.
9 (m) A violation of any provision of this Act or
10 rules promulgated thereunder.
11 (n) Revocation by another state, the District of
12 Columbia, territory, or foreign nation of a license to
13 practice speech-language pathology or audiology in its
14 jurisdiction if at least one of the grounds for that
15 revocation is the same as or the equivalent of one of the
16 grounds for revocation set forth herein.
17 (o) Willfully failing to report an instance of
18 suspected child abuse or neglect as required by the
19 Abused and Neglected Child Reporting Act.
20 (p) Gross or repeated malpractice resulting in
21 injury or death of an individual.
22 (q) Willfully making or filing false records or
23 reports in his or her practice as a speech-language
24 pathologist or audiologist, including, but not limited
25 to, false records to support claims against the public
26 assistance program of the Illinois Department of Public
27 Aid.
28 (r) Professional incompetence as manifested by poor
29 standards of care or mental incompetence as declared by a
30 court of competent jurisdiction.
31 (s) Repeated irregularities in billing a third
32 party for services rendered to an individual. For
33 purposes of this Section, "irregularities in billing"
34 shall include:
-149- LRB9003437DPpc
1 (i) reporting excessive charges for the
2 purpose of obtaining a total payment in excess of
3 that usually received by the speech-language
4 pathologist or audiologist for the services
5 rendered;
6 (ii) reporting charges for services not
7 rendered; or
8 (iii) incorrectly reporting services rendered
9 for the purpose of obtaining payment not earned.
10 (t) (Blank) Failure to file a return, or to pay the
11 tax, penalty or interest shown in a filed return, or to
12 pay any final assessment of tax, penalty or interest, as
13 required by any tax act administered by the Illinois
14 Department of Revenue, until such time as the
15 requirements of any such tax act are satisfied.
16 (u) Violation of the Health Care Worker
17 Self-Referral Act.
18 (v) Physical illness, including but not limited to
19 deterioration through the aging process or loss of motor
20 skill, mental illness, or disability that results in the
21 inability to practice the profession with reasonable
22 judgment, skill, or safety.
23 (2) The Department shall deny a license or renewal
24 authorized by this Act to any person who has defaulted on an
25 educational loan guaranteed by the Illinois State Scholarship
26 Commission; however, the Department may issue a license or
27 renewal if the aforementioned persons have established a
28 satisfactory repayment record as determined by the Illinois
29 State Scholarship Commission.
30 (3) The entry of an order by a circuit court
31 establishing that any person holding a license under this Act
32 is subject to involuntary admission or judicial admission as
33 provided for in the Mental Health and Developmental
34 Disabilities Code, operates as an automatic suspension of
-150- LRB9003437DPpc
1 that license. That person may have his or her license
2 restored only upon the determination by a circuit court that
3 the patient is no longer subject to involuntary admission or
4 judicial admission and the issuance of an order so finding
5 and discharging the patient, and upon the Board's
6 recommendation to the Department that the license be
7 restored. Where the circumstances so indicate, the Board may
8 recommend to the Department that it require an examination
9 prior to restoring any license automatically suspended under
10 this subsection.
11 (4) The Department may refuse to issue or may suspend
12 the license of any person who fails to file a return, or to
13 pay the tax, penalty, or interest shown in a filed return, or
14 to pay any final assessment of the tax penalty or interest,
15 as required by any tax Act administered by the Department of
16 Revenue, until such time as the requirements of any such tax
17 Act are satisfied.
18 (5) In enforcing this Section, the Department or Board
19 upon a showing of a possible violation may compel an
20 individual licensed to practice under this Act, or who has
21 applied for licensure under this Act, to submit to a mental
22 or physical examination, or both, as required by and at the
23 expense of the Department. The Department or Board may order
24 the examining physician to present testimony concerning the
25 mental or physical examination of the licensee or applicant.
26 No information shall be excluded by reason of any common law
27 or statutory privilege relating to communications between the
28 licensee or applicant and the examining physician. The
29 examining physicians shall be specifically designated by the
30 Board or Department. The individual to be examined may have,
31 at his or her own expense, another physician of his or her
32 choice present during all aspects of this examination.
33 Failure of an individual to submit to a mental or physical
34 examination, when directed, shall be grounds for suspension
-151- LRB9003437DPpc
1 of his or her license until the individual submits to the
2 examination if the Department finds, after notice and
3 hearing, that the refusal to submit to the examination was
4 without reasonable cause.
5 If the Department or Board finds an individual unable to
6 practice because of the reasons set forth in this Section,
7 the Department or Board may require that individual to submit
8 to care, counseling, or treatment by physicians approved or
9 designated by the Department or Board, as a condition, term,
10 or restriction for continued, reinstated, or renewed
11 licensure to practice; or, in lieu of care, counseling, or
12 treatment, the Department may file, or the Board may
13 recommend to the Department to file, a complaint to
14 immediately suspend, revoke, or otherwise discipline the
15 license of the individual. An individual whose license was
16 granted, continued, reinstated, renewed, disciplined or
17 supervised subject to such terms, conditions, or
18 restrictions, and who fails to comply with such terms,
19 conditions, or restrictions, shall be referred to the
20 Director for a determination as to whether the individual
21 shall have his or her license suspended immediately, pending
22 a hearing by the Department.
23 In instances in which the Director immediately suspends a
24 person's license under this Section, a hearing on that
25 person's license must be convened by the Department within 15
26 days after the suspension and completed without appreciable
27 delay. The Department and Board shall have the authority to
28 review the subject individual's record of treatment and
29 counseling regarding the impairment to the extent permitted
30 by applicable federal statutes and regulations safeguarding
31 the confidentiality of medical records.
32 An individual licensed under this Act and affected under
33 this Section shall be afforded an opportunity to demonstrate
34 to the Department or Board that he or she can resume practice
-152- LRB9003437DPpc
1 in compliance with acceptable and prevailing standards under
2 the provisions of his or her license.
3 (Source: P.A. 87-1207.)
4 (225 ILCS 110/16.5 new)
5 Sec. 16.5. Advertising. A person licensed under this Act
6 may advertise the availability of professional services in
7 the public media or on the premises where such professional
8 services are rendered as permitted by law, provided the
9 advertising is truthful and not misleading or deceptive. The
10 Department may adopt rules consistent with this Section.
11 (225 ILCS 110/17) (from Ch. 111, par. 7917)
12 Sec. 17. Investigations; notice of hearing. Upon the
13 motion of either the Department or the Board or upon the
14 verified complaint in writing of any person setting forth
15 facts that which if proven would constitute grounds for
16 refusal to issue, suspension, or revocation of a license or
17 for taking any other disciplinary action with regard to a of
18 license under this Act, the Department Board shall
19 investigate the actions of any person, hereinafter called the
20 "licensee", who holds or represents that he or she holds a
21 license. All such motions or complaints shall be brought to
22 the Board.
23 The Director shall, before refusing to issue, suspending,
24 revoking, placing on probationary status, or taking any other
25 disciplinary action as the Director may deem proper with
26 regard to any license, at least 30 days prior to the date set
27 for the hearing, notify the licensee in writing of any
28 charges made and the time and place for a hearing of the
29 charges before the Board. The Board shall also direct him to
30 file his or her written answer thereto with the Board under
31 oath within 20 days after the service on him of such notice,
32 and inform him that if he or she fails to file such answer,
-153- LRB9003437DPpc
1 his or her license may be suspended, revoked, placed on
2 probationary status or other disciplinary action may be taken
3 with regard thereto, including limiting the scope, nature or
4 extent of his or her practice as the Director may deem
5 proper.
6 Such written notice and any notice in such proceeding
7 thereafter may be served by delivery personally to the
8 licensee, or by registered or certified mail to the address
9 specified by the licensee in his or her last notification to
10 the Director.
11 (Source: P.A. 85-1391.)
12 (225 ILCS 110/18) (from Ch. 111, par. 7918)
13 Sec. 18. Disciplinary actions.
14 (a) In case the licensee, after receiving notice, fails
15 to file an answer, his or her license may, in the discretion
16 of the Director, having first received the recommendation of
17 the Board, be suspended, revoked, placed on probationary
18 status or the Director may take whatever disciplinary action
19 he or she may deem proper, including limiting the scope,
20 nature, or extent of the person's practice or the imposition
21 of a fine, without a hearing, if the act or acts charged
22 constitute sufficient grounds for such action under this Act.
23 (b) The Director may temporarily suspend the license of
24 a speech-language pathologist or audiologist without a
25 hearing, simultaneous to the institution of proceedings for a
26 hearing under this Act, if the Director finds that evidence
27 in his or her possession indicates that a speech-language
28 pathologist's or audiologist's continuation in practice would
29 constitute an immediate danger to the public. In the event
30 that the Director temporarily suspends the license of a
31 speech-language pathologist or audiologist without a hearing,
32 a hearing by the Board must be held within 15 days after such
33 suspension has occurred and concluded without appreciable
-154- LRB9003437DPpc
1 delay.
2 (c) The entry of a decree by any circuit court
3 establishing that any person holding a license under this Act
4 is a person subject to involuntary admission under the Mental
5 Health and Developmental Disabilities Code shall operate as a
6 suspension of that license. That person may resume his
7 practice only upon a finding by the Board that he has been
8 determined to be no longer subject to involuntary admission
9 by the court and upon the Board's recommendation to the
10 Director that he be permitted to resume his practice.
11 (Source: P.A. 85-1391.)
12 (225 ILCS 110/21) (from Ch. 111, par. 7921)
13 Sec. 21. Recommendations for disciplinary action Action
14 by Director. The Board may advise the Director that probation
15 be granted or that other disciplinary action, including the
16 limitation of the scope, nature or extent of a person's
17 practice, be taken, as it deems proper. If disciplinary
18 action other than suspension or revocation is taken, the
19 Board may advise the Director to impose reasonable
20 limitations and requirements upon the licensee to insure
21 compliance with the terms of the probation or other
22 disciplinary action, including, but not limited to, regular
23 reporting by the licensee to the Director of his or her
24 actions, or the licensee placing himself under the care of a
25 qualified physician for treatment or limiting his or her
26 practice in such manner as the Director may require.
27 The Board shall present to the Director a written report
28 of its findings and recommendations. A copy of such report
29 shall be served upon the licensee, either personally or by
30 registered or certified mail. Within 20 days after such
31 service, the licensee may present to the Department his or
32 her motion in writing for a rehearing, specifying the
33 particular grounds therefor. If the licensee orders and pays
-155- LRB9003437DPpc
1 for a transcript of the record, the time elapsing thereafter
2 and before such transcript is ready for delivery to him shall
3 not be counted as part of such 20 days.
4 At the expiration of the time allowed for filing a motion
5 for rehearing, the Director may take the action recommended
6 by the Board. Upon suspension, revocation, placement on
7 probationary status, or the taking of any other disciplinary
8 action, including the limiting of the scope, nature, or
9 extent of one's practice, deemed proper by the Director, with
10 regard to the license, the licensee shall surrender his or
11 her license to the Department if ordered to do so by the
12 Department and upon his or her failure or refusal to do so,
13 the Department may seize such license.
14 In all instances under this Act in which the Board has
15 rendered a recommendation to the Director with respect to a
16 particular person, the Director shall notify the Board if, to
17 the extent that he or she disagrees with or takes action
18 contrary to the recommendation of the Board, file with the
19 Board and the Secretary of State his specific written reasons
20 of disagreement. Such reasons shall be filed within 30 days
21 after the Director has taken the contrary position.
22 Each order of revocation, suspension or other
23 disciplinary action shall contain a brief and concise
24 statement of the ground or grounds upon which the
25 Department's action is based, as well as the specific terms
26 and conditions of such action.
27 (Source: P.A. 85-1391.)
28 (225 ILCS 110/22) (from Ch. 111, par. 7922)
29 Sec. 22. Appointment of a hearing officer. The Director
30 shall have the authority to appoint any attorney duly
31 licensed to practice law in the State of Illinois to serve as
32 the hearing officer for any action for refusal to issue,
33 renew or discipline of a license. The hearing officer shall
-156- LRB9003437DPpc
1 have full authority to conduct the hearing. The hearing
2 officer shall report his or her findings and recommendations
3 to the Board and the Director. The Board shall have 60 days
4 after from receipt of the report to review the report of the
5 hearing officer and present its findings of fact, conclusions
6 of law and recommendations to the Director. If the Board
7 fails to present its report within the 60-day period, the
8 Director may shall issue an order based on the report of the
9 hearing officer. If the Director disagrees in any regard
10 with the Board's report, he or she may issue an order in
11 contravention of the Board's report.
12 (Source: P.A. 85-1391.)
13 (225 ILCS 110/28) (from Ch. 111, par. 7928)
14 Sec. 28. Injunction Unlicensed Practice - Injunctions.
15 The practice of speech-language pathology or audiology by any
16 person not holding a valid and current license under this Act
17 is declared to be inimical to the public welfare, to
18 constitute a public nuisance, and to cause irreparable harm
19 to the public welfare. The Director, the Attorney General,
20 the State's attorney of any county in the State or any person
21 may maintain an action in the name of the People of the State
22 of Illinois, and may apply for an injunction in any circuit
23 court to enjoin any such person from engaging in such
24 practice. Upon the filing of a verified petition in such
25 court, the court or any judge thereof, if satisfied by
26 affidavit, or otherwise, that such person has been engaged in
27 such practice without a valid and current license, may issue
28 a temporary injunction without notice or bond, enjoining the
29 defendant from any such further practice. Only the showing of
30 nonlicensure, by affidavit or otherwise, is necessary in
31 order for a temporary injunction to issue. A copy of the
32 verified complaint shall be served upon the defendant and the
33 proceedings shall thereafter be conducted as in other civil
-157- LRB9003437DPpc
1 cases except as modified by this Section. If it is
2 established that the defendant has been, or is engaged in any
3 such unlawful practice, the court, or any judge thereof, may
4 enter an order or judgment perpetually enjoining the
5 defendant from further such practice. In all proceedings
6 hereunder, the court, in its discretion, may apportion the
7 costs among the parties interested in the suit, including
8 cost of filing the complaint, service of process, witness
9 fees and expenses, court reporter charges and reasonable
10 attorneys' fees. In case of violation of any injunction
11 issued under the provisions of this Section, the court, or
12 any judge thereof, may summarily try and punish the offender
13 for contempt of court. Such injunction proceedings shall be
14 in addition to, and not in lieu of, all penalties and other
15 remedies provided in this Act.
16 (Source: P.A. 85-1391.)
17 (225 ILCS 110/28.5 new)
18 Sec. 28.5. Cease and desist order. If any person violates
19 the provisions of this Act, the Director, in the name of the
20 People of the State of Illinois, through the Attorney General
21 or the State's Attorney of the county in which the violation
22 is alleged to have occurred, may petition for an order
23 enjoining the violation or for an order enforcing compliance
24 with this Act. Upon the filing of a verified petition, the
25 court with appropriate jurisdiction may issue a temporary
26 restraining order, without notice or bond, and may
27 preliminarily and permanently enjoin the violation. If it is
28 established that the person has violated or is violating the
29 injunction, the court may punish the offender for contempt of
30 court. Proceedings under this Section are in addition to, and
31 not in lieu of, all other remedies and penalties provided by
32 this Act.
33 Whenever, in the opinion of the Department, a person
-158- LRB9003437DPpc
1 violates any provision of this Act, the Department may issue
2 a rule to show cause why an order to cease and desist should
3 not be entered against that person. The rule shall clearly
4 set forth the grounds relied upon by the Department and shall
5 allow at least 7 days from the date of the rule to file an
6 answer satisfactory to the Department. Failure to answer to
7 the satisfaction of the Department shall cause an order to
8 cease and desist to be issued.
9 (225 ILCS 110/29.5 new)
10 Sec. 29.5. Unlicensed practice; civil penalty.
11 (a) Any person who practices, offers to practice,
12 attempts to practice, or holds oneself out to practice
13 speech-language pathology or audiology without being licensed
14 under this Act shall, in addition to any other penalty
15 provided by law, pay a civil penalty to the Department in an
16 amount not to exceed $5,000 for each offense as determined by
17 the Department. The civil penalty shall be assessed by the
18 Department after a hearing is held in accordance with the
19 provisions set forth in this Act regarding the provision of a
20 hearing for the discipline of a licensee.
21 (b) The Department has the authority and power to
22 investigate any and all unlicensed activity.
23 (c) The civil penalty shall be paid within 60 days after
24 the effective date of the order imposing the civil penalty.
25 The order shall constitute a judgment and may be filed and
26 execution had thereon in the same manner as any judgment from
27 any court of record.
28 (225 ILCS 110/30) (from Ch. 111, par. 7930)
29 Sec. 30. Filing license or diploma of another. Any person
30 filing, or attempting to file as his or her own, the diploma
31 or license of another, or a forged affidavit of
32 identification or qualification, shall be deemed guilty of a
-159- LRB9003437DPpc
1 Class 3 felony, and upon conviction thereof, shall be subject
2 to such fine and imprisonment as is made and provided by the
3 statutes of this State for the crime of forgery.
4 (Source: P.A. 85-1391.)
5 (225 ILCS 110/33) (from Ch. 111, par. 7933)
6 Sec. 33. Exemption from civil liability for peer review
7 committees. While serving upon any peer review committee, any
8 speech-language pathologist or audiologist shall not be
9 liable for civil damages as a result of his or her decisions,
10 findings or recommendations in connection with his or her
11 duties on such committee, except decisions, findings or
12 recommendations involving his or her wilful or wanton
13 misconduct.
14 (Source: P.A. 85-1391.)
15 (225 ILCS 110/6 rep.)
16 (225 ILCS 110/7.5 rep.)
17 (225 ILCS 110/9 rep.)
18 (225 ILCS 110/12 rep.)
19 (225 ILCS 110/31 rep.)
20 (225 ILCS 110/32 rep.)
21 Section 65. The Illinois Speech-Language Pathology and
22 Audiology Practice Act is amended by repealing Sections 6,
23 7.5, 9, 12, 31, and 32.
24 Section 95. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
26 text that is not yet or no longer in effect (for example, a
27 Section represented by multiple versions), the use of that
28 text does not accelerate or delay the taking effect of (i)
29 the changes made by this Act or (ii) provisions derived from
30 any other Public Act.
-160- LRB9003437DPpc
1 Section 99. Effective date. This Act takes effect
2 December 30, 1997, except that Sections 10, 15, and 99 take
3 effect upon becoming law.
-161- LRB9003437DPpc
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.9 from Ch. 127, par. 1904.9
4 5 ILCS 80/4.18 new
5 225 ILCS 2/10
6 225 ILCS 2/15
7 225 ILCS 2/20
8 225 ILCS 2/25
9 225 ILCS 2/35
10 225 ILCS 2/40
11 225 ILCS 2/50
12 225 ILCS 2/55 new
13 225 ILCS 2/60
14 225 ILCS 2/70
15 225 ILCS 2/75 new
16 225 ILCS 2/80
17 225 ILCS 2/90
18 225 ILCS 2/100
19 225 ILCS 2/105 new
20 225 ILCS 2/110
21 225 ILCS 2/130
22 225 ILCS 2/135 new
23 225 ILCS 2/140
24 225 ILCS 2/145
25 225 ILCS 2/150
26 225 ILCS 2/152 new
27 225 ILCS 2/154 new
28 225 ILCS 2/155
29 225 ILCS 2/160
30 225 ILCS 2/165
31 225 ILCS 2/170
32 225 ILCS 2/175
33 225 ILCS 2/180
34 225 ILCS 2/185
-162- LRB9003437DPpc
1 225 ILCS 2/195
2 225 ILCS 2/45 rep.
3 225 ILCS 2/205 rep.
4 225 ILCS 55/20 from Ch. 111, par. 8351-20
5 225 ILCS 55/25 from Ch. 111, par. 8351-25
6 225 ILCS 55/30 from Ch. 111, par. 8351-30
7 225 ILCS 55/40 from Ch. 111, par. 8351-40
8 225 ILCS 55/45 from Ch. 111, par. 8351-45
9 225 ILCS 55/55 from Ch. 111, par. 8351-55
10 225 ILCS 55/60 from Ch. 111, par. 8351-60
11 225 ILCS 55/65 from Ch. 111, par. 8351-65
12 225 ILCS 55/85 from Ch. 111, par. 8351-85
13 225 ILCS 55/90 from Ch. 111, par. 8351-90
14 225 ILCS 55/95 from Ch. 111, par. 8351-95
15 225 ILCS 55/165 from Ch. 111, par. 8351-165
16 225 ILCS 55/50 rep.
17 225 ILCS 65/3 from Ch. 111, par. 3503
18 225 ILCS 65/4 from Ch. 111, par. 3504
19 225 ILCS 65/7 from Ch. 111, par. 3507
20 225 ILCS 65/10 from Ch. 111, par. 3510
21 225 ILCS 65/11 from Ch. 111, par. 3511
22 225 ILCS 65/12 from Ch. 111, par. 3512
23 225 ILCS 65/14 from Ch. 111, par. 3514
24 225 ILCS 65/16 from Ch. 111, par. 3516
25 225 ILCS 65/17 from Ch. 111, par. 3517
26 225 ILCS 65/21 from Ch. 111, par. 3521
27 225 ILCS 65/23 from Ch. 111, par. 3523
28 225 ILCS 65/24 from Ch. 111, par. 3524
29 225 ILCS 65/25 from Ch. 111, par. 3525
30 225 ILCS 65/26 from Ch. 111, par. 3526
31 225 ILCS 65/27 from Ch. 111, par. 3527
32 225 ILCS 65/30 from Ch. 111, par. 3530
33 225 ILCS 65/32 from Ch. 111, par. 3532
34 225 ILCS 65/33 from Ch. 111, par. 3533
-163- LRB9003437DPpc
1 225 ILCS 65/35 from Ch. 111, par. 3535
2 225 ILCS 65/36 from Ch. 111, par. 3536
3 225 ILCS 65/37 from Ch. 111, par. 3537
4 225 ILCS 65/38 from Ch. 111, par. 3538
5 225 ILCS 65/39 from Ch. 111, par. 3539
6 225 ILCS 65/40 from Ch. 111, par. 3540
7 225 ILCS 65/42 from Ch. 111, par. 3542
8 225 ILCS 65/43 from Ch. 111, par. 3543
9 225 ILCS 65/47 from Ch. 111, par. 3547
10 225 ILCS 65/8 rep.
11 225 ILCS 65/9 rep.
12 225 ILCS 65/13 rep.
13 225 ILCS 65/15 rep.
14 225 ILCS 65/19 rep.
15 225 ILCS 70/4 from Ch. 111, par. 3654
16 225 ILCS 70/5 from Ch. 111, par. 3655
17 225 ILCS 70/5.1 new
18 225 ILCS 70/6 from Ch. 111, par. 3656
19 225 ILCS 70/7 from Ch. 111, par. 3657
20 225 ILCS 70/8 from Ch. 111, par. 3658
21 225 ILCS 70/9 from Ch. 111, par. 3659
22 225 ILCS 70/10 from Ch. 111, par. 3660
23 225 ILCS 70/11 from Ch. 111, par. 3661
24 225 ILCS 70/12 from Ch. 111, par. 3662
25 225 ILCS 70/13 from Ch. 111, par. 3663
26 225 ILCS 70/14 from Ch. 111, par. 3664
27 225 ILCS 70/15 from Ch. 111, par. 3665
28 225 ILCS 70/17 from Ch. 111, par. 3667
29 225 ILCS 70/18 from Ch. 111, par. 3668
30 225 ILCS 70/19 from Ch. 111, par. 3669
31 225 ILCS 70/20 from Ch. 111, par. 3670
32 225 ILCS 70/20.1 new
33 225 ILCS 70/21 from Ch. 111, par. 3671
34 225 ILCS 70/22 from Ch. 111, par. 3672
-164- LRB9003437DPpc
1 225 ILCS 70/23 from Ch. 111, par. 3673
2 225 ILCS 70/24 from Ch. 111, par. 3674
3 225 ILCS 70/24.1 new
4 225 ILCS 70/28 from Ch. 111, par. 3678
5 225 ILCS 70/37 rep.
6 225 ILCS 95/6 from Ch. 111, par. 4606
7 225 ILCS 95/9 from Ch. 111, par. 4609
8 225 ILCS 95/10 from Ch. 111, par. 4610
9 225 ILCS 95/11 from Ch. 111, par. 4611
10 225 ILCS 95/14 from Ch. 111, par. 4614
11 225 ILCS 95/14.1 new
12 225 ILCS 95/16 from Ch. 111, par. 4616
13 225 ILCS 95/17 from Ch. 111, par. 4617
14 225 ILCS 95/21 from Ch. 111, par. 4621
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 95/22.7 from Ch. 111, par. 4622.7
19 225 ILCS 95/22.11 from Ch. 111, par. 4622.11
20 225 ILCS 95/22.12 from Ch. 111, par. 4622.12
21 225 ILCS 95/24 from Ch. 111, par. 4624
22 225 ILCS 95/18 rep.
23 225 ILCS 110/3 from Ch. 111, par. 7903
24 225 ILCS 110/3.5 new
25 225 ILCS 110/5 from Ch. 111, par. 7905
26 225 ILCS 110/7 from Ch. 111, par. 7907
27 225 ILCS 110/8 from Ch. 111, par. 7908
28 225 ILCS 110/9.5 new
29 225 ILCS 110/11 from Ch. 111, par. 7911
30 225 ILCS 110/13 from Ch. 111, par. 7913
31 225 ILCS 110/14 from Ch. 111, par. 7914
32 225 ILCS 110/16 from Ch. 111, par. 7916
33 225 ILCS 110/16.5 new
34 225 ILCS 110/17 from Ch. 111, par. 7917
-165- LRB9003437DPpc
1 225 ILCS 110/18 from Ch. 111, par. 7918
2 225 ILCS 110/21 from Ch. 111, par. 7921
3 225 ILCS 110/22 from Ch. 111, par. 7922
4 225 ILCS 110/28 from Ch. 111, par. 7928
5 225 ILCS 110/28.5 new
6 225 ILCS 110/29.5 new
7 225 ILCS 110/30 from Ch. 111, par. 7930
8 225 ILCS 110/33 from Ch. 111, par. 7933
9 225 ILCS 110/6 rep.
10 225 ILCS 110/7.5 rep.
11 225 ILCS 110/9 rep.
12 225 ILCS 110/12 rep.
13 225 ILCS 110/31 rep.
14 225 ILCS 110/32 rep.